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Home My WebLink AboutRES PC 2012 571 2012 0522 RESOLUTION NO. PC-2012-571 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO. 2010-02, A MODIFICATION TO ALLOW AN EXPANSION OF THE EXISTING SANCTUARY AND TO ADD TWO NEW CLASSROOMS AND A CORRIDOR WITHIN THE EXISTING FLOOR AREA OF THE BUILDING LOCATED AT 379/383 SCIENCE DRIVE ON THE APPLICATION OF GORDON DUNCAN FOR CORNERSTONE COMMUNITY CHURCH WHEREAS, at a duly noticed public hearing on May 22, 2012, the Planning Commission considered Modification No. 1 To Conditional Use Permit 2010-02 on the application of Gordon Duncan for Cornerstone Community Church for a to allow an expansion of the existing sanctuary and to add two new classrooms and corridor within the existing floor area of the building located at 379/383 Science Drive.; and WHEREAS, at its meeting of May 22, 2012, 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-2012-571 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 hereby approves Conditional Use Permit No. 2012-571 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 Di Cecco, Groff, Hamous, Vice Chair Gould, and Chair Landis NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 22"d day of May 2012. Kipp L.: dis, a" air e(/////14 / David A. Bobardt, Community Development Director Exhibit A: Standard and Special Conditions of Approval Resolution No. PC-2012-571 Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT 2010-02 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 development shall be in substantial conformance with the plans presented in conjunction with the application for Modification No. 1 to Conditional Use Permit 2010-02, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 3. All conditions of approval of Conditional Use Permit 2010-02 shall continue to apply, except as revised herein. 4. A separate sign permit application is required for all proposed signs; all signs must be consistent with any approved master sign program for the shopping center, which is subject to the review and approval of the Community Development Director. 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 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. Resolution No. PC-2012-571 Page 4 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. 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. 8. Approval of a Zoning Clearance is required prior to the issuance of building permits. All other permit and fee requirements must be met. 9. Prior to issuance of a Zoning Clearance for construction, a shared parking agreement with authorized signature(s) from property owners and tenants shall be submitted in a form to the satisfaction of the Community Development Director and City Attorney demonstrating the availability of at least 40 off-site parking spaces during scheduled worship service times in addition to the 101 available on-site parking spaces. The initial agreement shall provide the spaces for at least one year and include a 30-day cancellation clause. The applicant shall notify the City Community Development Director in writing within 24 hours at any time the shared parking agreement is changed or revoked. Within 7 days after notice to the City, the applicant shall submit to the satisfaction of the Community Development Director a proposal to provide for alternative off-site parking and/or a change in programming of the building to ensure sufficient off-street parking is maintained. -END-