HomeMy WebLinkAboutAGENDA REPORT 1993 0303 CC REG ITEM 09ATO:
FROM:
DATE:
SUBJECT:
"- n?PARK, CAUFORN'A
C.:y Coun.^it Meath :g
r 1993
ACTION. �-
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ey
AGENDA REPORT
The Honorable City Council
ITEM • • " •
VOORPARK, CALIFO'? " "A
City Council Mcc':n3
of L 199
ACTION:
by rr�
Jaime Aguilera, Director of Community Development�vj
Paul Porter, Senior Planner
February 5, 1993 (CC meeting of February 17, 1993)
Background
CONDITIONAL USE PERMIT NO. 92 -3 AND VARIANCE NO. 92 -3 -
COMMUNITY CHRISTIAN CHURCH
This matter was heard by the Planning Commission at a public
hearing on December 7, 1992. At that meeting, the Planning
Commission recommended that the City Council approve Conditional
Use Permit No. 92 -3 and Variance No. 92 -3 subject to modified
Conditions of Approval. The Planning Commission's recommended
modifications to the conditions are contained as an attachment to
the Planning Commission Resolution.
Discussion:
At the public hearing, 20 persons spoke in favor of the proposed
church and requested that the Planning Commission recommend
approval of the project. Issues brought up at the Planning
Commission hearing related to Condition Nos. 3, 5, 6, 7, 12, and
17. The following issues were discussed at the hearing:
A. Condition No. 3 precluded activities taking place during
weekday normal daytime working hours when industrial buildings
are occupied by the industrial users such as Vacation Bible
Classes or other children's programs. The applicant indicated
that occasional children's programs such as vacation bible
school is an important part of their program. The Planning
Commission was of the opinion that these types of programs
should be permitted and recommended the following change:
3. Activities taking place during weekday normal daytime
working hours when industrial buildings are occupied by
the industrial users such as Vacation Bible Classes or
other children's programs (either pre school or school
age) taking place during regular business hours are
;:'OORPARK, CALIFORNIA
City CounGl Meeting
of • 199.
PP12:22:92 112:05pmA: \CC.NEM 1
ACTION:
1Y A1- 413
... ...............................
prehibited ?: Further, any other uses during
normal weekday business hours shall be limited to an
occupancy load which will require the use of no more than
24 parking spaces.
B. Staff proposed a condition which allowed for a five year
approval for the Conditional Use Permit with the ability for
one additional extension for another five years. The Planning
Commission was of the opinion that an eight year approval with
the ability for an additional eight year extension would be
more appropriate since most jurisdictions allow uses in
industrial zones and recommended the following changes to
condition No. 5:
5. That the CUP is granted for a period of time of �e --(5)
f? years ending January 20, 'F 0# That at
the end of this €tee year period, the Director of
Community Development may have the ability to continue
this use for an additional year period
of time ending December 7, 2007 ; providing full
compliance with all conditions have been accomplished and
that the use authorized by this permit will remain
compatible with the properties in the general area for
the duration of the additional period authorized by this
permit and that the applicant files an application for an
extension at least six months prior to the termination of
..................
...................
the #fei1 year period. The Director of Community
Development will look at issues such as congregation
expansion, increase in traffic, complaints from
surrounding property owners, etc. when making a
determination as to whether an extension to the permit
shall be granted. This provision is not to be
interpreted as limiting the City's authority to revoke
this permit if conditions so warrant.
C. Staff proposed a condition on the church requiring that the
applicant agree not to request approval of off -site signs.
The Planning Commission stated that the Sign Code may be
changed to allow off -site signs for churches. If the code was
to change, the church would be at a disadvantage. If the code
did not change, off -site signs are not allowed even if they
applied. The recommended change to Condition No. 6 is as
follows:
6. A sign permit is required for all on -site signs to be
approved by the Director of Community Development. 4%e
D. Condition No 7. requires that all activities on the premises
shall terminate no later that 10:00 p.m. and allows the
Director of Community to authorize adjustments to hours in
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order to accommodate traditional religious events such as
Christmas, Easter, etc. without the need for a Temporary Use
Permit. The Planning Commission did not agree with limiting
the churches hours of operation and recommends that the
condition be eliminated.
.a - -- - - - - -- - MUM—
MOO
MWO-1. ON
E. Condition No. 12 stipulates that he applicant also agrees to
the idea 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. The
Planning Commission changed the language to read:
12. The applicant also agrees to the stipulation that this
use is an enereasi4ment on
industrially zoned and used.Yand and that those uses
permitted by right may on occasion disturb the permittee
may be lifftited.
Staff Response:
Staff is of the opinion that using the word "variance" in the first
sentence is awkward and suggests that the Council consider the
following as alternative language to condition No. 12:
F. Staff proposed the standard condition of approval requiring
that roof mounted equipment be prohibited with the exception
of approval of the Director of Community Development. The
Planning Commission recommended that the first two sentence of
Condition No. 17 be eliminated.
17. Reef meunted equipment shall be prehibited. Hmeeptiene
to —this requirement shall be— sebjeet te— approval of t e
Any roof mounted
PP12:22:92 /12:05pmA:\CC.MSM 3
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).
The Planning Commission adopted the attached Resolution
recommending that the City Council approve Conditional Use Permit
No. 92 -3 and Variance No. 92 -3 subject to the aforementioned
changes to the Conditions of Approval.
Recommendations:
1. Open the public hearing and accept public testimony.
2. Determine that the proposed project is Categorically Exempt
from CEQA pursuant to Section 15301 - Class 1 consisting of
the operation of existing facilities involving no expansion of
use beyond that previously existing.
3. Make the appropriate findings.
4. Direct staff to prepare a Resolution approving Conditional Use
Permit No. 92 -3 to allow the existing building to be used as
a church and Variance No. 92 -2 approving additional off - street
parking adjacent to the proposed property.
Attachments: 1. Planning Commission Resolution
2. Planning Commission Staff Report with
attachments dated December 7, 1992
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RESOLUTION NO. PC -93 -271
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF CONDITIONAL USE PERMIT NO. CUP92 -3 AND
VARIANCE NO. 92 -2 ON THE APPLICATION OF COMMUNITY
CHRISTIAN CHURCH
Whereas, at a duly noticed public hearing on December 7, 1992,
the Planning Commission considered the application filed by
Community Christian Church requesting approval to use a 20,696
parcel containing a 10,980 square foot industrial building as a
church facility. ; and
Whereas, the Planning Commission after review and
consideration of the information contained in the staff report and
testimony, and has found that the project is Categorically Exempt
from CEQA pursuant to Section 15301 - Class 1 consisting of the
operation of existing facilities involving no expansion of use
beyond that previously existing, and has reached its decision on
this matter; and
Whereas, at its meeting of December 7, 1992, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify, closed the public hearing, and made a
recommendation to the City Council.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California
Environmental Quality Act, the Planning Commission recommends that
the City Council determine that this project is Categorically
Exempt from CEQA pursuant to Section 15301 - Class 1 consisting of
the operation of existing facilities involving no expansion of use
beyond that previously existing.
SECTION 2. The Planning Commission hereby adopts the findings
in the staff report dated December 7, 1992, and said report is
incorporated herein by reference as though fully set forth.
SECTION 3. The Planning Commission does hereby find that the
approval of the Conditional Use Permit and Variance is consistent
with the City's General Plan.
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SECTION 4. That the Planning Commission hereby recommends to
the City Council approval of Variance No. 92 -2 and Conditional Use
Permit No. 92 -3 with the Planning Commission recommended
modification to the Conditions of Approval (Exhibit 1) on the
application of Community Christian Church. The action of the
foregoing direction was approved by the following roll vote:
AYES: Wesner, Torres, Brodsky, May, Miller.
NOES:
PASSES, APPROVED, AND ADOPTED THIS 19TH DAY OF FEBRUARY, 1993.
ATTACHMENT:
A � 2
Celia LaFleur, Secretary
to the Planning Commission
Chairman:
e
Michael H. Wesner Jr.
PP12:22:92110:37amA:IPCI.RES 2
NOTE: THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE
CONDITIONS OF APPROVAL THAT WERE APPROVED FOR DEVELOPMENT PLAN NO.
344
DEPARTMENT OF COMMUNITY 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 displayed at the
Planning Commission hearing of December 7, 1992. The location
and design of all site improvements shall be as shown on the
approved plot plan and elevations except or unless indicated
otherwise herein.
2. If in the future, any use or uses are contemplated on the site
differing from that specified in the Conditional Use 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 the Department of Community Development in writing if
the church intents to leave the facility and a new user
(church) intends to use this Conditional Use Permit.
3. Activities taking place during weekday normal daytime working
hours when industrial buildings are occupied by the industrial
users such as Vacation Bible Classes or other children's
programs ( either pre school or school age) taking place during
regular business hours are permitted. Further, any other uses
during normal weekday business hours shall be limited to an
occupancy load which will require the use of no more than 24
parking spaces.
4. That unless the building is occupied within one year 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 year 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 one year period.
PP12:22:92110:37am.9:\PCI.RES
5. That the CUP is granted for a period of time of eight (8)
years ending December 7, 2000. That at the end of this ten
year period, the Director of Community Development may have
the ability to continue this use for an additional eight (8)
year period of time ending December 7, 2010, providing full
compliance with all conditions have been accomplished and that
the use authorized by this permit will remain compatible with
the properties in the general area for the duration of the
additional period authorized by this permit and that the
applicant files an application for an extension at least six
months prior to the termination of the eight year period. The
Director of Community Development will look at issues such as
congregation expansion, increase in traffic, complaints from
surrounding property owners, etc. when making a determination
as to whether an extension to the permit shall be granted.
This provision is not to be interpreted as limiting the City's
authority to revoke this permit if conditions so warrant.
6. A sign permit is required for all on -site signs to be approved
by the Director of Community Development.
7. 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
a Variance (not an encroachment) on industrially zoned and
used land, and that those uses permitted by right may on
occasion disturb the permittee.
PP12:22:92 110 :37amA : \PCI.RBS 4
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. That prior to inauguration of the proposed use on the site,
the applicant shall obtain a Zoning Clearance from the
Department of Community Development.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
14. The applicant shall pay all outstanding case processing costs
and all related City legal service fees prior to issuance of
a Zoning Clearance.
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. 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 without prior approval of the
City Council.
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 83 available parking spaces for
the proposed church. 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.
This CUP shall expire if the required parking is not continued
to be provided as agreed to herein.
19. Prior to the issuance of a Zoning Clearance to the church,
those properties which will provide the parking spaces for
this use shall have a recorded lien disallowing them to
PP12:22:92110:37amA:\PCI.RES 5
utilize their parking facilities during those times that their
parking is allotted to the church.
FIRE DEPARTMENT CONDITIONS
20. That a street width of 25 feet with two way traffic and off -
street parking provided on both sides shall be provided.
21. 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.
22. That prior to combustible construction, all weather access
road /driveway suitable for use by a 20 ton Fire District
vehicle shall be installed.
23. That the access roadway(s) shall be extended to within 150
feet of all portions of the exterior walls of the first story
of any building. Where the access roadway cannot be provided,
approved fire protection system or systems shall be installed
as required and acceptable to the Fire District.
24. That access roads shall not exceed 15% grade.
25. That all drives shall have a minimum vertical clearance of 13
feet 6 inches (13, 611).
26. That approved turnaround areas for fire apparatus shall be
provided where the access road is 150 feet or farther from the
main thoroughfare.
27. 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.
28. 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.
29. That building plans of all A, E, I & H occupancies shall be
submitted to the Fire District for plan check.
30. That plans for any fire alarm system shall be submitted to the
Fire District for plan check.
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31. 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.
32. 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.)
PP12:22:92 110:37amA:\PCI.R5S 7
PV
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—09
09t
ITEM
MOORPARK
799 Moorpark Avenue Moorpark. California 93021
City of Moorpark
Planning Commission
Staff Report
SECTION 1 - GENERAL INFORMATION
A. HEARING DATE: B. HEARING TIME:
December 7, 1992 7:00 p.m.
C. LOCATION:
799 Moorpark Avenue
Moorpark, CA.
E. STAFF CONTACT:
Paul Porter
Senior Planner
G. PROPOSED PROJECT:
(805) 529 -6864
D. CASE NO.
Conditional Use Permit 92 -3
Variance 92 -3
F. APPLICANT:
Community Christian
Church
Post Office Box 307
Moorpark, CA. 93020
The applicant proposes to use a 20,696 parcel containing a
10,980 square foot industrial building as a church facility
and is further requesting a Variance for additional off - street
parking adjacent to the proposed property.
H. PROJECT LOCATION:
The project site is located at 5238 Kazuko Court, Moorpark,
California. The Assessor's Parcel Number is 511 -0 - -70 -705.
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PP10:28:91 13:49PMA: \PC.RPT 1
MOORPARK, CALIFORNIA
Planning Commission W Atng
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I. APPLICATION COMPLETENESS AND PROCESSING EXPIRATION DATE:
1. Application deemed complete on October 15, 1992
2. Expiration date for decision on project: April 15, 1993
J. REQUESTED ACTION AND STAFF RECOMMENDATION:
1. Open the public hearing and accept public testimony.
2. Determine that the proposed project is Categorically
Exempt from CEQA pursuant to Section 15301 - Class 1
consisting of the operation of existing facilities
involving no expansion of use beyond that previously
existing.
3. Make the appropriate findings.
4. Approve the attached resolution recommending to the City
Council approval of the Conditional Use Permit to allow
the existing building to be used as a church and Variance
No. 92 -2 approving additional off - street parking adjacent
to the proposed property.
R. ALTERNATE PLANNING COMMISSION ACTIONS:
Deny the Conditional Use Permit for the church
SECTION II - PROJECT DESCRIPTION BACKGROUND
A. SITE ZONING: M -1 (Industrial Park Zone)
B. SITE GENERAL PLAN: I -1 (Light Industrial
C. VICINITY ZONING AND USES:
ZONING
USE
North: M -1 Industrial
South: M -1 Industrial
East: R -1 (Single Family Residential) Residential
West: M -1 Industrial
D. VICINITY GENERAL PLAN:
North: I -1
South: I -1
East: M (Medium Density Residential)
West: I -1
PP10 :28:92 13:99pmA :\PC.RPT 2
[DIN
E.
A.
B.
PROJECT SITE HISTORY:
On October 20, 1986, the City Council adopted Resolution No.
347 approving Development Plan No. 347 for construction of the
building in which the applicant is requesting approval of the
proposed Conditional Use Permit. The building consists of
approximately 10,800 square feet and is located on a 20,755
square foot parcel. The approval of the building was in
conjunction with approval for construction of 15 industrial
buildings encompassing 9.52 acres, the structures ranging from
5,000 square feet to 30,701 square feet.
EXISTING SETTING:
The subject site is characterized by flat terrain covered with
grass, trees and an existing building.
SECTION III - ANALYSIS
PROJECT DESCRIPTION:
The Community Christian church is a religious corporation
which is organized under the Nonprofit Religious Corporation
Law exclusively for religious purposes. The applicant plans
to have accommodations within the existing industrial building
to accommodate 300 people for worship. During Bible School
there is an education space that will handle approximately 180
people. The education area will accommodate 200 people if the
Pastoral Offices are used, as well as more adult education
space using the worship area. At any one time, the total
occupancy of the building will not exceed 300 people.
The applicant has indicated that once the church grows to
capacity, they will begin a second worship service spaced
properly enough from the first service to give people a chance
to leave the facility before the second service begins. The
project description questionnaire states that the facility can
service up to three services with proper planning and timing
of services.
At the present time, there are approximately 180 people on
Sunday (100 adults and 60 -80 children).
HOURS OF OPERATION
Most of the usage of the building will be held on Sunday
mornings. The facility will be used most of the day on Sunday
for services, bible classes and youth programs. Weddings that
will be performed in the worship area will normally take place
on Saturdays.
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C.
During weekdays, the office facility will be used by pastoral
staff, secretaries, and volunteers helping with administrative
tasks. At the present time, the church staff has two pastors
and one secretary. There are also a few occasions during the
year, the church puts on children's programs such as Vacation
Bible Classes and parent /children programs that will meet
during the week. Due to the fact that the holding of church
activities during the weekday may create a conflict with the
adjacent industrial users, staff has imposed the following
condition on the Conditional Use Permit:
* Weekday activities taking place during weekday
normal daytime working hours when industrial
buildings are occupied by the industrial users
(such as Vacation Bible Classes or other children's
programs) shall require City approval of a Special
Use Permit.
Evening programs that will meet during the week include bible
studies, support groups and choir practices as well as
Pastor's counseling in the Pastoral offices. Typically, the
office hours will be from 9:00 a.m. to 5:00 p.m. with Bible
Studies beginning from 7 -8:00 p.m. until 9 -9:30 p.m. in the
inside educational section of the building. The office is
typically closed on Mondays.
PARKING:
According to the applicant, there will be three to five
automobiles at the church office during weekdays. At the
present time there are 24 parking spaces located at 5238
Kazuko Court
To accommodate a 300 seat worship area, the applicant has a
commitment from Mr. Toni Annotti of Tiffany Business Park to
allow the applicant to use 35 spaces at 5285 Kazuko Court and
24 spaces at 5212 Kazuko Court. If the parking of the
adjacent buildings providing the additional parking are used
during church services, sufficient parking for both the
industrial users and the church will not be available. To
alleviate potential conflicts, staff has placed a condition on
the project, requiring that the owners of the industrial
buildings providing additional parking record a deed
restriction prohibiting the use of the industrial buildings
during the times that the church is using the additional
parking.
Required Parking Requirements
According to Section 8108 -1 (j) of the City's Zoning Ordinance
churches and similar structures are required to have the
following parking requirements:
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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 75 available spaces based on seating
capacity.
Based on this information, the church lacks adequate parking
by 51 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 does not meet the intent of (b) which
requires that the church property have at least 50 percent of
the required number of parking spaces. Therefore, the
applicant is requesting that a Variance be granted. Their
reasoning is that although the church does not have at least
50% of the required parking on -site, they have made provisions
to provide more than adequate parking off -site (83 spaces)
within the same industrial complex. Staff has conditioned the
off -site parking to be restricted for church use only for
weekends.
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Staff is of the opinion that granting a Variance for
additional parking would not confer a special privilege
inconsistent with the limitation upon other properties in the
area. This is due to the fact that most industrial buildings
in M -1 and M -2 zones are not built to provide adequate parking
for church uses, yet churches are allowed in the industrial
zones with approval of a Conditional Use Permit. Also, church
services typically take place on Sundays, and evenings, when
industry in generally closed. In this case, a strict
application of the Zoning Ordinance would result in practical
difficulties inconsistent with the general purpose of the
regulations, because on one hand few, if any industrial
buildings have sufficient parking for churches, yet the Zoning
Ordinance allows church uses in the industrial zones.
D. ACCESS:
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.
E. TRAFFIC:
The City Engineer did not require a
use, because the majority of the traff
from the use will be during off -peak
Due to the limited size of the
intermittent nature of the proposed
expected to adversely affect traffic
Traffic Study for this
is generation of traffic
traffic hours (Sunday .
congregation and the
use, the church is not
in the area.
F. 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
childen 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 non - compatible with the church. Also, the
conditions for this Conditional Use Permit do not supersede
the conditions for DP 344. As of the writing of this report
staff has not received inquiries from any of the surrounding
property owners regarding the proposed use.
SECTION IV - ENVIRONMENTAL DOCUMENT
After review of the project and responses from the various
agencies, staff is of the opinion that this project will not have
an adverse effect on the environment. Staff is of the opinion that
PP20:28:92 13:99pmA:\PC.RPT 6
the use of the existing facility as a church is Categorically
Exempt from CEQA pursuant to Section 15301 - Class 1 consisting of
the operation of existing facilities involving no expansion of use
beyond that previously existing.
SECTION V - AGENCY REVIEW
Agencies and Departments that have reviewed the proposed project
include the City Engineer, Cal Trans, East Valley Sheriff's
Department, Fire Prevention District, Waterworks District 1,
Moorpark Unified School District, Environmental Health Department
and the Air Pollution Control District. Conditions of approval
from the responding jurisdictions are included in the Conditions of
Approval for this Conditional Use Permit.
SECTION VI - EXHIBITS
1. Findings
2. Conditions of Approval for Conditional Use Permit 92 -3
3. Draft Resolution
4. Existing Plot Plan
5. Elevations of existing building
Prepared By:
Paul Porter
Senior Planner
PP10:28:9213:49PmA :\PC.RPT
Approved By:
e Aguilera
Director of Community
Development
RECOMMENDED FINDINGS FOR CONDITIONAL USE PERMIT 92 -1
1. The proposed use would be consistent with the purpose, intent,
guidelines, standards, policies, and provisions of the City's
General Plan, and Chapters 1 and 2 of the Ordinance Code.
2. The proposed use would not impair the integrity and character
of the zone in which the use is located.
3. The proposed would be compatible with the land uses permitted
within the General Plan Land Use Designations and the zones in
the general area where the use is to be located.
4. The proposed use would not be obnoxious or harmful, or impair
the utility of the property itself or neighboring property or
uses.
5. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or welfare.
RECOMMENDED FINDINGS FOR VARIANCE NO. 92 -2
1. There are special circumstances or exceptional characteristics
applicable to the subject property with regard to size,
shape, topography, location or surroundings, which do not
apply generally to comparable properties in the same vicinity
and zone.
2. The requested variance will not confer a special privilege
inconsistent with the limitations upon other properties in the
same vicinity and zone.
3. Strict application of the zoning regulations as they apply to
the subject property will result in practical difficulties or
unnecessary hardships inconsistent with the general purpose of
such regulations.
4. Granting of such variance will not be detrimental to the
public health, safety or general welfare, nor to the use,
enjoyment or valuation of neighboring properties.
EXHIBIT 1
PP10:18:91 13:49pmA:\PC.RPT 8
NOTE: THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE
CONDITIONS OF APPROVAL THAT WERE APPROVED FOR DEVELOPMENT PLAN NO.
344
DEPARTMENT OF COMMUNITY 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 displayed at the
Planning Commission hearing of December 7, 1992. The location
and design of all site improvements shall be as shown on the
approved plot plan and elevations except or unless indicated
otherwise herein.
2. If in the future, any use or uses are contemplated on the site
differing from that specified in the Conditional Use 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 the Department of Community Development in writing if
the church intents to leave the facility and a new user
(church) intends to use this Conditional Use Permit.
3. Activities taking place during weekday normal daytime working
hours when industrial buildings are occupied by the industrial
users such as Vacation Bible Classes or other children's
programs ( either pre school or school age) taking place during
regular business hours are prohibited. Further, any other
uses during normal weekday business hours shall be limited to
an occupancy load which will require the use of no more than
24 parking spaces.
4. That unless the building is occupied within one year 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 year 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 one year period.
EXHIBIT 2
PP10:28:91 13:49PMA:\PC.RPT 9
5. That the CUP is granted for a period of time of five (5) years
ending December 7, 1997. That at the end of this ten year
period, the Director of Community Development may have the
ability to continue this use for an additional five (5) year
period of time ending December 7, 2007, providing full
compliance with all conditions have been accomplished and that
the use authorized by this permit will remain compatible with
the properties in the general area for the duration of the
additional period authorized by this permit and that the
applicant files an application for an extension at least six
months prior to the termination of the five year period. The
Director of Community Development will look at issues such as
congregation expansion, increase in traffic, complaints from
surrounding property owners, etc. when making a determination
as to whether an extension to the permit shall be granted.
This provision is not to be interpreted as limiting the City's
authority to revoke this permit if conditions so warrant.
At least six months prior to the termination of any extension
to this Conditional Use Permit granted by the Director of
Community Development, the applicant shall file an application
for a new Conditional Use Permit.
6. A sign permit is required for all on -site signs to be approved
by the Director of Community Development. The applicant
agrees not to request approval of off -site signs for this
proposal.
7. That all activities on the premises shall terminate no later
that 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.
8. 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.
9. 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.
10. 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
PP10:28:92 13:49PmA: \PC.RPT 10
such participation shall not relieve permittee of his
obligation under this condition.
11. 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.
12. 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.
13. 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.
14. That prior to inauguration of the proposed use on the site,
the applicant shall obtain a Zoning Clearance from the
Department of Community Development.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOLLOWING CONDITIONS
SHALL BE SATISFIED•
15. The applicant shall pay all outstanding case processing costs
and all related City legal service fees prior to issuance of
a Zoning Clearance.
16. 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.
17. 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).
PP10:28:9213:99PMA :\PC.RPT 11
18. No asbestos pipe or construction materials shall be used
inside or outside the building without prior approval of the
City Council.
19. Prior to the issuance of a Zoning Clearance, the applicant
shall demonstrate that the lease agreement allows the
applicant to have a total of 83 available parking spaces for
the proposed church. 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.
This CUP shall expire if the required parking is not continued
to be provided as agreed to herein.
20. Prior to the issuance of a Zoning Clearance to the church,
those properties which will provide the parking spaces for
this use shall have a recorded lien disallowing them to
utilize their parking facilities during those times that their
parking is allotted to the church.
FIRE DEPARTMENT CONDITIONS
21. That a street width of 25 feet with two way traffic and off -
street parking provided on both sides shall be provided.
22. 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.
23. That prior to combustible construction, all weather access
road /driveway suitable for use by a 20 ton Fire District
vehicle shall be installed.
24. That the access roadway(s) shall be extended to within 150
feet of all portions of the exterior walls of the first story
of any building. Where the access roadway cannot be provided,
approved fire protection system or systems shall be installed
as required and acceptable to the Fire District.
25. That access roads shall not exceed 15% grade.
26. That all drives shall have a minimum vertical clearance of 13
feet 6 inches (13, 611).
27. That approved turnaround areas for fire apparatus shall be
provided where the access road is 150 feet or farther from the
main thoroughfare.
28. That address numbers, a minimum of 6 inches (6 ") high, shall
be installed prior to occupancy, shall be of contrasting color
PP10 :28 :92 13:49PMA :\PC.RPT 12
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.
29. 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.
30. That building plans of all A, E, I & H occupancies shall be
submitted to the Fire District for plan check.
31. That plans for any fire alarm system shall be submitted to the
Fire District for plan check.
32. 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.
33. 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.)
PP10:18:9213:99PMA:\PC.RPT 13
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.
29. 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.
30. That building plans of all A, E, I & H occupancies shall be
submitted to the Fire District for plan check.
31. That plans for any fire alarm system shall be submitted to the
Fire District for plan check.
32. 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.
33. 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.)
PP10:18:9213:99PMA:\PC.RPT 13
SECTION 4. That the Planning Commission hereby recommends to
the City Council approval of Variance No. 92 -2 and Conditional 13se
Permit No. 92 -3 with the Planning Commission recommended
modification to the Conditions of Approval (Exhibit 1) on the
application of Community Christian Church. The action of the
foregoing direction was approved by the following roll vote:
AYES: Wesner, Torres, Brodsky, May, Miller.
NOES:
PASSES, APPROVED, AND ADOPTED THIS 19TH DAY OF FEBRUARY, 1993.
ATTACHMENT:
Celia LaFleur, Secretary
to the Planning Commission
Chairman:
Michael H. Wesner Jr.
PP12:22:92110:37amA:jPCI.RES 2
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