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HomeMy WebLinkAboutAGENDA REPORT 1994 0803 CC REG ITEM 08CITE . C Coun it F.S c K ;%CTION: l MENORANDUM ry_ TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Developmezrf4---- Paul Porter, Senior Planner DATE: July 15, 1994 (CC meeting of August 3, 1994) SUBJECT: DP 338 (Minor Modification No. 2) - MOORPARK GRACE BRETHREN CHURCH Background On October 20, 1986 the City Council approved Resolution 86 -347 regarding. Development Planned Developments 338 -347 and 349 -353, allowing construction of 15 buildings totalling 191,369 square feet. Development Plan No. 338 was approved for 10,400 square feet. Moorpark Grace Brethren Church submitted the above captioned application for a Minor Modification requesting approval of a Modification to DP 338 to use the existing industrial building for a church on July 14, 1994. The church will be leasing the building from the owners, Charles E. and Betty Zalud and Vernon and Barbara Spencer. Pursuant to Section 8105 -5 (Permitted Uses in the Commercial and Industrial Zones) of the City's Zoning Ordinance, churches may be located in an existing building in the M -1 Zone with a Modification to an previously approved Planned Development Permit. The proposed use is similar to that of the Shiloh church which is also allowed in the M -1 Zone. Ordinance No. 189 approved by the City Council on March 2, 1994 permits churches in the M -1 Zone in buildings with an approved Industrial Planned Development Permit or with a modification to an Industrial Planned Development Permit. Discussion The applicant has indicated that they have been meeting for approximately the past 2 1/2 years in the Campus Canyon Elementary School and desires to relocate to the building located at 5384 Kazuko Court. Their regular scheduled use of the proposed building is as follows: Sundays - Sunday School and Worship 7:30 AM - 12:00 Noon Youth Groups 6:00 PM - 8:00 PM PP07:14:9414.35pM :\CCI.IYEN 1 All other, meetings will be scheduled weekday evenings after 7:00 PM and normally last 2 hours per night. These programs include: 12 Step Recovery Programs Marriage Enrichment Parenting Classes Counseling Other gatherings including prayer, songs, Bible teaching, family counseling, and other help oriented activities. Most of the activities take place in the form of small group classroom settings. The facility will also be used as the church office. At the present time, the church consists of a mix of seventy -five to eighty adults and children. Because of the church's method of operation being oriented towards small groups, the largest group is less than sixty people during the worship hour of 10:45 AM to 12:00 Noon. The balance of the people participate in other small group meetings in other rooms. At the present rate of growth, the building should allow approximately two years of growth before exceeding the parking to occupancy ratio of parking to occupancy pursuant to the Zoning Ordinance requirements. The applicant has indicated that the landlord has granted to the church exclusive use of all 24 parking spaces allocated to the existing building where the church is to be located. The church has also requested permission from the owner next door at 5250 Kazuko Court for use of 14 spaces which is located to the rear of the building. This will allow the church to expand to approximately 152 people based on the requirement of one parking space for each four seats. The applicant has indicated that any growth beyond the parking required by the Zoning Ordinance due to expansion would generate the need for the church to either build or lease a larger facility. Parking Requirements According to Section 8108 -1 (j) of the City's Zoning Ordinance churches and similar structures must adhere to the following parking requirements: 1 space for every 4 fixed seats, plus 1 space per 28 square feet of area in main auditorium (sanctuary or place of worship) not occupied by permanent seats. In the case of benches or pews, 18 linear inches shall be equivalent to one seat. Based on Ordinance requirements, the church would be required to have a minimum of 20 parking spaces based on seating capacity of 80 people. Based on this information, the church has adequate PP07:14t9414s35p :\CCl.XW 2 parking. The owners of the other buildings will be restricted from using their parking during the time the church will be using the parking spaces. Section 8108 -1.3.2 of the Zoning Ordinance allows uses to utilize off - street parking on adjacent parcels and states as follows: Sec. 8108 -1.3.2 - Location - Off - street parking spaces shall be located on the same lot as the building or use that they are to serve, or located on an adjacent or contiguous lot pursuant to an agreement with the City that. the lots in question be held as one lot in perpetuity, or pursuant to the dissolution of the line separating such lots, except that: in M- Zones, off - street parking may be provided off -site if all of the following apply: a. Such off - street parking is located within 500 feet of the property to be served; b. The amount of off -site parking satisfies not more than 50 percent of the parking requirements of the activity for which the parking is provided; C. The site of the parking lot is in the same ownership as the principal use, or is under a recorded lease with the use that provides that the parking will exist as long as the use it serves, unless the parking is replaced with other spaces that satisfy the requirements of this Article; and d. The parking lot is not located in a residential zone. In this case, the church will meet the intent of a -d. Staff has conditioned the off -site parking to be restricted for church use only for weekends. Access to the proposed site will be from Highway 118 northerly along Goldman Avenue, easterly on Tejeda Street and then Northerly on Kazuko Court to the proposed site. Traffic The City Engineer did not require a Traffic Study for this use, because the majority of the traffic generation from the use will occur during off -peak traffic hours (Sunday). Due to the limited size of the congregation and the intermittent nature of the proposed use, the church is not expected to adversely affect traffic in the area. The church has been conditioned to maintain the hours of operation and level of participation as approved herein and therefore will not create an adverse effect upon traffic in the future. PP07 :14:94 14 :35nm :\CC1.MMf 3 Compatibility with Surrounding Properties It is staff's opinion that as long as the applicant does not operate during normal working hours, the proposed church use will remain compatible with the neighborhood. Staff has imposed a condition on this project prohibiting a day care facility, summer school, or similar uses involving school age children during regular business hours. In the future, adjacent buildings may be proposed to be occupied by users which might intend to use hazardous materials. As part of the Zone Clearance process, staff may restrict these businesses if they are deemed nan- compatible with the church. Also, the conditions for this Minor Modification to DP 388 do not supersede the conditions for DP 344, unless they are more restrictive. As of the writing of this report staff has not received inquiries from any of the surrounding property owners regarding the proposed use; however, as this request is for a Minor Modification to the IPD, legal notification has not been sent to surrounding property owners. Fiscal Impact The project has paid all fees, is self supporting and is therefore not a drain on fiscal resources. ApjMal by Council The Director of Community Development has reviewed the proposed Minor Modification and approved it on July 20, 1994. Pursuant to Resolution No. 88 -523, the Director has the authority to approve Minor Modifications. This matter is being presented to the City Council as a courtesy. In the event the City Council wishes to appeal the Director's decision, it may do so. The last day to file an appeal is August 5, 1994. Should the City Council desire to appeal, it should set a hearing date. The next available meeting date would be the regular meeting of August 17, 1994. If the City Council takes no action, the Director's decision will stand. Recommendation Receive and file the report. Attachments: Approval of Minor Modification No. 2 to DP 388. Floor Plans Pictures of existing building PP07:14:9414 :35pmA : \CC1.IKSN 4 July 20, 1994 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL OF A MINOR MODIFICATION Minor Modification No. Development Plan Permit No. 338 (Minor Modification No. 2) Filed by: Moorpark Grace Brethren Church P.O. Box 187 Moorpark, California 93021 Address /Location: 5384 Razuko Court Moorpark, California Assessor's Parcel No. 511- 0 -07 -65 For: Conditional Approval of use of an existing industrial building as a church facility. The above approval is made with the attached conditions (Attachment 1) on July 20, 1994. California Environmental Quality Act (CEQA) Compliance: This Department has reviewed the project to ascertain if there will be a significant effect on the environment. It has been determined that this project is categorically exempt from CEQA requirements as a Class 1 exemption for minor alterations. Ordinance Compliance:; Based upon the information and findings developed by staff, it has been determined that this application, with the attached conditions, meets the requirements of Moorpark Ordinance Code Section 8111 -2.1.2 - Permit Standards, in that: a. The Minor Modification is consistent with the intent and provisions of the City's General Plan and the City's Zoning Ordinance; b. The Minor Modification is compatible with the character of surrounding development; c. The proposed Minor Modification is not obnoxious or harmful, and does not impair the utility of neighboring property or uses; d. The Modification is health, safety, con, PP07:15: 94 /12: l3p1: \)amvaD.APR PAUL W. LAWRASON JR. PATRICK HUNTER Mayor Mayor Pro Tern not detrimental to the public interest, renience, or welfare. 1 ATTACHMENT 1 JOHN E. WOZNIAK BERNARDO M. PEREZ SCOTT MONTGOMERY Concilmember Councilmember Councilmember Printed on Recycled Pepe, Appeals: As stated in Section 8111 -8 of the Zoning- Ordinance, within 16 calendar days after the permit has been approved or denied, any aggrieved person may file an appeal of the approval, conditional approval, or denial with the Community Development Department who shall set a hearing date before the City Council to review the matter at the earliest convenient date. Zoning Clearance and Building Permit: Upon completion of any "prior to zoning clearance" conditions, a Zone Clearance may be obtained from the Community Development Department. . CITY OF MOORPARK me Aguilera, Director Of Community Development Date: July 20, 1994 cc. Paul Porter, DP 338 Minor Chroni File Attachments: 1. 2. Senior Planner Modification No. 2 File Conditions of Approval Floor Plans PP07:I5: 94/2?: 43p=A:\lQ)9M.ApR 2 NOTE: THEM CONDITIONS OF APPRUVl►r g IN ADDITION TO CONDITIONS OF APPROVAL THAT WE APPROVED FOR D � 388 EVELOPRENT PLAN NO. DEPARTMENT OF CON14UNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1 • The permit is granted for the land and project as shown on the submitted plot plan and elevation of the existing structure and the building expansion and other exhibits submitted to the Department of Community Development. 2. If in the future, any use or uses are contemplated on the site differing from that specified in the Permit and the zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the M -1 and the adjacent R -1 Zones, and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless another entitlement permit is required, in which case all applicable fees and procedures shall apply. The property owner shall notify he Departmen Of Community Development in writing if the church intents to t nteto leave the facility and a new user (church) intends to use this property consistent with this Minor Modification No. 2 to DP 338. 3. Activities taking place during weekday normal daytime hours when industrial buildings are occupied by the industrial users shall be limited to an occupancy load which will require the use of no more than 24 parking spaces. In addition, as the church expands the number of persons attending Sunday services, the church shall adhere to the required number of parking spaces as required in the City's Zoning Ordinance. 4. Unless the building is occupied by the applicant within six months after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional six month extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial six month period. ATTACHMENT 1 PP07 :15:94 122:431a .\X1M0 .APR 3 5. A sign permit is required for all on -site signs to be approved by the Director of Community Development. Off -site signs are not permitted. 6. All activities on the premises shall terminate no later than 10:00 P.M. The Director of Community may authorize the adjustment of hours to accommodate traditional religious events such as Christmas, Easter, etc. without the need for a Temporary Use Permit. Z• The development is subject to all applicable regulations of the M--1 Zone and all agencies of the State, Ventura County, the City of Moorpark and any other governmental entities. There shall be no outside storage of any materials. 8. All facilities and uses other than those specifically requested in the application, as approved, are prohibited unless a modification application has been approved by the City of Moorpark. 9. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit, or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 10. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 11. The applicant also agrees to the stipulation that this use is an encroachment on industrially zoned and used land, and that those uses permitted by right may on occasion disturb the permittee and further, that the permittee's ability to seek regress may be limited. 12. This permit shall expire if the use for which it is granted is discontinued for a period of six months or more as determined by the City. 13. Prior to inauguration of the proposed use on the site, the applicant shall obtain a Zoning Clearance from the Department Of Community Development. PP07:15:94112:431x3: \mIAu 0p_Apg 4 PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 14. Prior to issuance of a Zoning Clearance, the applicant shall pay all outstanding case processing costs and all related City legal service fees. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Minor Modification. 15. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions and present such statement to the Department of Community Development. 16. Roof mounted equipment shall be prohibited. Exceptions to this requirement shall be subject to approval of the Director of Community Development. Any roof mounted equipment and other noise generation sources approved by the Director of Community Development shall be attenuated to 55 DBA at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a Zone Clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. Any roof equipment may also require approval of the County of Ventura Air Pollution Control District (APCD). 17. No asbestos pipe or construction materials shall be used inside or outside the building. 18. Prior to the issuance of a Zoning Clearance, the applicant shall demonstrate that the lease agreement allows the applicant to have a total of 38 available parking spaces for the proposed church. The applicant shall pay for City Attorney and staff review of the agreement. The parking shall be provided for the duration of the permit and shall be reflected in the lease agreement between the lessor and the lessee of the property. Minor Modification No. 2 to DP 338 shall become null and void if the required parking is not continued to be provided as required herein. The Agreement shall also state that the adjoining property which is allowing the use of its parking will have its operation restricted on those days that the parking is to be used by the church. The lessees operation will be limited an occupancy load allowed by the non leased spaces in his /her property. PP07:15. 94 /12:43pmd:\,/QRg0.PR 5 19. Prior to issuance of a Zoning Clearance, the Franchise Hauler Usage Form must be submitted by the Applicant to the Community Development Department. The Moorpark Municipal Code Section 8.36.080 requires that only the City's franchised or permitted haulers provide residential, commercial, and temporary drop box /bin solid waste collection services. The applicant must specify which franchised hauler is to be contracted for ongoing or temporary solid waste collection services for this Project. The form is available at the Community Development Department and the form contains a listing of the City's franchised haulers. FIRE DEPARTMENT CONDITIONS 20. That prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 21. That all drives shall have a minimum vertical clearance of 13 feet 6 inches (13' 611). 22. That address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more that 250 feet (2501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 23. That any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. 24. That building plans of all A, E, I & H occupancies shall be submitted to the Fire District for plan check. 25. That plans for any fire alarm system shall be submitted to the Fire District for plan check. 26. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placement of extinguishers shall be subject to review by the Fire District. PP07 :15:94 112:43pM :\Ju1v _"R 6 27. That commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards of greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. (Uniform Fire Code, Article 11) PM7:15 :94 112:431aa:\Nrjlvw.era 7 SCALE: 1 IN =40 ft FLOOR PLAN DP 388 - MINOR MODIFICATION NO. 2 ATTACHMENT 2 ■ ■ ■■ I ■ ■ ■ ■!�!�! ' ` :: ■� ■11 ■ ■ ■�71 015 �■�■ ■ ■ ■■ I ■ ■ ■ ■■ ■ Eli ■■■ ■ ■■ I■ ■ ■�■!�!� ��- 111■ �■■�_; ■■ Qmml 1■n ■�f�l� ■IA !1■11117■ - ---�•- FLOOR PLAN DP 388 - MINOR MODIFICATION NO. 2 ATTACHMENT 2 PHOTOPGRAPHS OF COMPLETED BUILDING - DP388 ATTACHMENT 3 a o 6- ,. v. IIA yk: 1 i � 3 a o 6- ,. v.