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HomeMy WebLinkAboutRES PC 2010 552 2010 0223 RESOLUTION NO. PC-2010-552 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2010-02 TO ALLOW APPROXIMATELY 26,000 SQUARE FEET OF AN EXISTING 40,455 SQUARE FOOT INDUSTRIAL BUILDING TO BE USED AS A PLACE OF WORSHIP WITH ACCESSORY OFFICE AND CLASSROOM USES AT 379 SCIENCE DRIVE ON THE APPLICATION OF JOHN KAMUS FOR CORNERSTONE COMMUNITY CHURCH WHEREAS, at a duly noticed public hearing on February 23, 2010, the Planning Commission considered Conditional Use Permit (CUP) No. 2010-02 on the application of John Kamus for Cornerstone Community Church for a Conditional Use Permit to allow approximately 26,000 square feet of an existing 40,455 square foot industrial building to be used as a place of worship with accessory office and classroom uses at 379 Science Drive; and WHEREAS, at its meeting of February 23, 2010 the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for Existing Facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 1. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that places of worship are conditionally permitted within the zone, and conditions of approval have been proposed to mitigate potential problems; 2. The proposed use as conditioned is compatible with both existing and permitted land uses in the surrounding area in that the primary hours of operation do not conflict with those of the surrounding business park; Resolution No. PC-2010-552 Page 2 3. The proposed use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that there will be only limited changes to the exterior of the building as a result of the application; 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been proposed to regarding parking, noise, and hours of operation; and 5. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the operation of this place of worship is compatible with the surrounding light industrial uses due to the hours of operation and that conditions have been imposed limiting hours of operation and requiring appropriate parking for the facility. SECTION 2. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2010-02 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 3. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Bagwell, Di Cecco, and Vice Chair Landis NOES: None ABSTAIN: None ABSENT: Commissioner Taillon and Chair Hamous PASSED, AND ADOPTED this 23rd day of February 1 10. „ . `u L- tt_S :ruce Hamous, Chair ,,,z,v/f David A. Bobardt Community Development Director Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2010-552 Page 3 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2010-02 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 4. Conditional Use Permit 2010-02 is valid for a period of fifteen (15) years, to February 23, 2025. The permit can be renewed for five (5) year intervals by the Community Development Director through a Permit Adjustment provided compliance with all terms of the original Conditional Use Permit can be shown. The Applicant is solely responsible for the timely renewal of this permit. An application for Permit Adjustment for time extension shall be filed in writing with the Community Development Director at least sixty (60) calendar days prior to the date of expiration and shall be accompanied by the submittal requirements specified by the director and the appropriate filing fee. In considering a request for a time extension, the Community Development Director may approve the request, deny the request, or modify or add to any conditions of approval originally imposed due to changed circumstances since the permit or exception was originally considered. 5. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval Resolution No. PC-2010-552 Page 4 by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 6. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 7. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2010-02, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 8. All necessary permits must be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 9. Approval of a Zoning Clearance is required prior to the issuance of building permits. All other permit and fee requirements must be met. 10.A minimum separation of 30 minutes between activities in the sanctuary must be maintained throughout the term of this permit. Use of the multi-purpose rooms for assembly purposes during the same time as use of the sanctuary for assembly may only occur if parking agreement(s) in a form to the satisfaction of the Community Development Director are provided, demonstrating a total availability of 134 parking spaces for the place of worship during the time both spaces are used. 11.For indoor or outdoor events that are not considered part of the everyday operation of the place of worship, the applicant shall apply for and secure a Temporary Use Permit from the Community Development Department. Such application must be made at least thirty (30) calendar days prior to the commencement of the indoor or outdoor event. As part of the Conditions of Approval, the Community Development Director may require, based upon the Resolution No. PC-2010-552 Page 5 scope and size of the event, security guards, traffic control, valet parking and other measures to assure that the event does not disrupt the neighborhood and surrounding area. 12.No outdoor storage is allowed under this approval. Any request for outdoor storage shall be subject to the application requirements in place at the time of such request. 13.A separate sign permit application is required for all proposed signs. 14.The applicant and his/her successors, heirs, and assigns shall remove any graffiti within seventy-two (72) hours from written notification by the City of Moorpark. All such graffiti removal must be accomplished to the satisfaction of the Community Development Director. 15.AII exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 16.Conditional Use Permit No. 2010-02 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 17.The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. -END-