HomeMy WebLinkAboutAGENDA REPORT 1991 0403 CC REG ITEM 08E 7/2.K/ en: re-
MOORPARK ITE •
PAUL W. LAWRASON JR. „cnc =4� STEVEN KUENY
Mayor ° O°i City Manager
0
BERNARDO M. PEREZ F CHERYL J. KANE
Mayor Pro Tem �� �� City Attorney
SCOTT MONTGOMERY �� PATRICK RICHARDS,A.I.C.P.
Councilmember or. o'� Director of
JOHN E. WOZNIAK O° Community Development
Councilmember ° � JOHN F. KNIPE
LILLIAN KELLERMAN City Engineer
City Clerk JOHN V. GILLESPIE
Chief of Police
MOORPARK, CAUFORNIA RICHARD T. HARE
City'C/o/��r I Meeting City Treasurer
of '"T/ S 199/
AC1ION:49 " `
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By r t:X(�ylit9,[�
TO: Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: March 22, 1991 (CC meeting April 3, 1991)
SUBJECT: CUP 4022 MINOR MODIFICATION NO. 1 (PHILIP)
Backg round
Conditional Use Permit No. 4022 was approved by the County of Ventura on May 21, 1981 to
allow the operation of a small animal veterinary clinic at 173 High Street in Moorpark (A C S
Veterinary Clinic). Condition No. 15 of Resolution No. 81-29 creates an expiration date of May
21, 1991 , by which time the applicant is required to obtain approval of a Minor Modification
Permit to continue the Conditional Use Permit.
Discussion
This request is for an for an extension of a previously approved Conditional Use Permit to allow
continued operation until May 21, 2001 (as set forth in the conditions of Resolution 81-29,
which approved the Permit). This application was filed by the operator of the clinic. Approval
by the property owner, for a continuance of the veterinary clinic use has been obtained by the
applicant. An inspection of the site has revealed that all conditions are being met and the site is
maintained in good condition. There are no kennels on site and no boarding of animals occurs.
This clinic is located within the Moorpark Downtown Study, which includes guidelines for
building design, colors, and standards for signs. The building design and color meets the
Downtown Study's intent, however, the existing sign for the clinic, which is black with yellow
Helvetica lettering, does not meet the intent of the Downtown Study because of color and letter
style. This area is in a state of transition and revitalization. The City should be cautious as to
how it implements the Downtown Study; which is why Staff intends to approve only a five year
extension of the permit rather than the ten year period set forth in condition 15 of Resolution
81-29.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
At the time CUP 4022 was approved, a Conditional Use Permit (approved by the Planning
Commission) was required for operation of a veterinary clinic in the C-2 General Commercial
Zone. Under the current Zoning Code a Commercial Planned Development Permit is normally
required. Inasmuch as the existing CUP is still in effect, and the applicant has complied with its
provisions it remains the valid entitlement permit. The Conditional Use Permit functions very
much like the CPD inasmuch as conditions are imposed.
The Director of Community Development intends to condition this Minor Modification to cause
removal of the existing sign within one month after approval of this permit. The sign can then
be replaced with a sign that meets the Downtown Study. This Minor Modification as proposed
by the Director will only renew the CUP Permit for a five year period, expiring on May 21,
1996. Before the end of that five year period the applicant will need to file a Minor
Modification for consideration of an additional five year renewal period. On March 28, 1991,
Staff contacted Dr. Philip who agreed to all conditions contained in this report.
This Minor Modification has been reviewed by the Director of Community Development who
intends to approve it with the above conditions in place. Pursuant to Resolution No. 88-523,
the Director has the authority to approve Minor Modifications. This matter is being presented
to the Council as a courtesy. In the event the Council wishes to appeal the Director's decision, it
may do so. Should the Council desire to appeal, it should set a public hearing date. If the Council
takes no action then the Director's decision stands.
Recommendation
Receive and File
Exhibits: Vicinity Map
Site Plan
Resolution 81-29
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EXHIBIT 3
•
CONDITIONS FOR: CUP 4022 APPLICA,. . : Jeanne M. Philip
DATE: May 21, 1981 PAGE NO: Three F:
RESOLUTION NO. : 81-29
PLANNING DIVISION CONDITIONS:
•
1, That the permit is granted for the land as described in the application and
for all of the buildings, fences, signs, roadways, parking areas, ;.•:S.
landscaping and other features which shall be located substantially as
shown on the plot plan(s) labeled Exhibits "A" and "B" unless otherwise
indicated herein. •
2. That all facilities other than those specifically requested in the application .1'.
are prohibited unless a modification application has been approved by the
Planning Director.
3. That the development Is subject to all applicable regulations of the "C-2" a
zone and of all agencies of the State, Ventura County and any other
governmental entities. •
•
4. That unless the use is inaugurated not later than one year after the c'
permit is granted, this permit shall automatically expire on that date. The ,•
Planning Director may, at his discretion, grant an additional six Month
extension for use inauguration if there have been no changes In the •
adjacent areas, and if permittee has diligently worked toward inauguration
of use during the initial one-year period from the date of the' approval : : •
letter.
•
S. That the permit shall expire when the use for which it is granted is ' 4
discontinued for a period of one hundred and eighty (180) consecutive i
days or more.
6. That no later than ten (10) days after any change of property ownership f
or •of lessee(s) or operator(s) of the subject use, there shall be filed with • ::
the Planning Director the name(s) and address(es) of the new owner(s),
lessee(s) or operator(s), together with a letter from any such person(s), .
acknowledging and agreeing to comply with all conditions of this permit.
7. That trash disposal areas shall be provided in locations which will not •
interfere with circulation, parking or access to the Building and shall be
screened with a six (6) foot high solid fence or wall enclosure. Final
design of said enclosure shall be subject to the approval of the Planning •
Director.
•
8. That continued landscape maintenance shall be subject to periodic
inspection by the County. The permittee shall be required to remedy any • F. .
defects in ground maintenance, as indicated by the County inspector,
within two weeks after notification. • t.
9. That all required yards, parking areas, storage areas and other uses on t
the site shall at all times be maintained in a neat and orderly manner
appropriate for the district.
.. �.
10. That the permittee agrees as a condition of issuance (or renewal) and use
of this permit to defend at his sole expense any action brought against the
County because of issuance (or renewal) of this permit or, in the 2•. .
alternative, to relinquish this permit. Upon demand of the County
permittee will reimburse the County for any court costs and/or attorney's
fees which the County may be required by a court to pay as a result of
any such action. County may, at its sole discretion, participate in the • £� •
defense of anysuch action, but such ,
participation shall not relieve
permittee of his obligations under this condition.
11. That permittee's acceptance of this permit and/or commencement of
construction and/or operations under this permit shall be deemed to be i'.
acceptance by permittee of all conditions of this permit. .
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;' G
CONDITIONS FOR: CUP-4022 APPLICAP.1 : Jeanne M. Philip
DATE: May 21, 1981 PAGE NO: Four
RESOLUTION NO. : 81-29K
12. That all signs currently not in conformance with Article 24 of the Ventura
County Ordinance Code shall be removed from the site and all future signs
shall be subject to the provisions of Article 24. The placement of all new
signs shall be subject to the issuance of a sign permit prior to installation,
except for any sign in excess of ordinance requirements which shall
require the filing of a Conditional Use Permit instead.
13. That there shall be no boarding of animals at the clinic. ;I J;
4
14. All rubbish shall be placed in special sealed containers, and not placed in
front of the building until the rubbish truck is available for pickup.
15. That the permit is granted for a period of time of ten (10) years, ending ; :=f
May 21, 1991. That at the end of this ten year period, and following the - ,,
filing of a Minor Modification application by the permittee, the Planning ' '
Director will be authorized to review and continue this conditional use 47,
permit for one additional ten (10) year period ending May 21, 2001, "S
providing that full compliance with all conditions has been accomplished ;:`t
and that the use authorized by this permit will remain compatible to the
properties in the general area for the duration of the additional ten year
period. i, 4.
ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS:
16. That sewage disposal shall be by community sewer system approved by the
Ventura County Environmental Health Department. ;I..
17. That disposal of all potentially hazardous wastes shall be by a means .i
approved by the Ventura County Environmental Health Department.
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18. That prior to occupancy adequate sanitary facilities shall be provided In
accordance with the requirements of the Environmental Health Department. `t
19. That prior to occupancy adequate, safe, potable supply of water shall be ''. .
provided for the occupants and users of these facilities.
20. That prior to occupancy cross-connection control devices shall be installed "#
on the water system in accordance with the requirements of the Ventura
County Environmental Health Department.
21. That in order to protect the public safety and prevent groundwater "t
pollution, any abandoned wells on the property shall be destroyed in j'
accordance with the Ventura County Well Ordinance prior to occupancy.
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TO WHOM IT MAY CONCERN
I, Don E. Wokal , owner of the property located
at 173 E. High Street , Moorpark; assessor parcel
512-0-092-10, hereby agree to allow Dr . Jeanne M.
Philip to continue to use the above mentioned -
property to conduct her veterinary practice .
Sincerely, (:21e...„N_ aaVe-f)
1..c.:_i(?,,,,,,..„,
-
Don E. Wokal .
P.O.BOX 352
Fillmore, CA 93015
( 805)-524-3753
RECEIVED
FEB 2 7 1991
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RECEIVED
FEB 2 7 1991 ,i
City of Moorpar►
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