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Home My WebLink AboutAGENDA REPORT 1991 0403 CC REG ITEM 11GPAUL W. LAWRASON JR. Mayor BERNARDO M.PEREZ Mayor Pro Tem SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk TO: FROM: DATE: SUBJECT: Background MOORPARK OPPARK, CALIFORNW City Cound l Msefing of 199L ACTION; Qy- B,y-- -s� MEMORANDUM The Honorable City Council ITEM STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS. A.I.C.P. Director of Community Development JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer Patrick J. Richards, Director of Community (City Co 'L� Developmentet � March 28, 1991 ( Y Council meeting of April 3, 1991) CITY ENGINEERING CONDITION NO. 56 RELATED TO MAJESTIC COURT IMPROVEMENTS FOR CONDITIONAL USE PERMIT NO. 90_2 (COPTIC CHURCH) On January 22, 1991, the Planning Commission as the final a authority for this project, held a public hearing concernPngvthe above project, and approved this Conditional Use Permit subject to Conditions of Approval. Discussion Staff has been contacted by the applicant regarding condition No. 56 which states as follows: 56. The applicant shall enter into an agreement with the City and post sufficient surety in the amount to be determined by the City to construct the Majestic Court improvements that lie within the area of the irrevocable offer of dedication for road purposes (as identified by the conceptual plan required by condition No. 55). The applicant shall do one of the following: 1. Pay the City for construction of these improvements along the south property frontage prior to the issuance of a Zoning Clearance for occupancy of the existing building. The amount of payment to be approved by the City Council; 2. Post sufficient surety in the amount to be determined by the City to construct the improvements within the next ten years. o,7 ivioorpam Avenue 1 Moorpark, California 93021 (805) 529 -6864 If Majestic Court is not constructed before February 4, 2001, and if the applicant is granted an extension to this Conditional Use Permit for an additional ten years, the City shall have the ability to modify this Condition of Approval. The applicant has informed staff that they do not have sufficient time to meet this condition, nor do they have the funds to complete the condition's requirements. In as much as this issue is of concern to the applicant, staff has agreed to set this matter for Council discussion and possible direction. Typically, modifications to project conditions require a major or minor modification application. As a matter of practice minor modifications to permits are forwarded to the City Council as a consent item. On March 28, 1991, the Department of Community Developmen' received a letter from the applicant indicating that condition No. 56 was changed after the Planning Commission hearing. The change to condition No. 56 was discussed at the Planning Commission hearing on January 22, 1991 and subsequently adopted by the Planning Commission. The applicant's letter of March 28, 1991 also is addressing several other conditions that are of concern to them. Until, this date, staff was not aware of further concerns by the Church. The matter of an off -site sign was discussed by the Planning Commission prior to granting the Conditional Use Permit. However, since the Zoning Code does not currently allow such, their only direction was to have staff look into the matter in the future. Recommendation Direct staff as deemed appropriate Attachment: 1. Letter from applicant dated March 28, 1991 2. Memo from Pat Dobbins to Planning Commission dated 1/22/91 K to .r, w k ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH VENTURA COUNTY P.O.BOX 1027 MOORPARK CA_ 93020- 1027 March 28, 1991 City of Moorpark 799 Moorpark Avenue Moorpark,CA m � fc 6V CHUrR�Cfi ° 0 C ,� O x VE"WR^ COUNTY k� I Honorable Mayor , Members of the City Council i On January 22 1991 the Planning Commission approvedff�'' a conditional use permit for our Church However , we are unable to use the existing building �7 and start our regular Church services . This is due to the following that conditions are associated with the zone clearance requirement 1- The City Engineer conditions Nos. 55 & 56 require the Church to dedicate sufficient property and the improvement of future Majestic Couurt. Theplanguage ofr condition No. 56 was changed after the Planning Commission hearing of January 22 , 1991 The final language February adopted on 4 , 1991 is not in accordance with our original understanding of the condition . We understand that Majestic' Court will unlikely be extended in the future . we request the deletion of conditions Nos. 55 & 56hinetheir entirety This is our preference Church can sthe rtotdedicatee enter into an agreement with City and improve Majestic Court if j and when the street is extended in the future L 2- The Community Development conditions Nos. 35 requires the Church to Pay a condition h compliance fee in the amount of $ 1256 Condition No. 36 kl requires the Church to faithful performance bond to post a maintenance of the on -site improvements t. Compliancelwithnd these two conditions will create a hardship for the church The Church is respectfully requesting waiving these two conditions since our congregation is 1 11 established very small and newly We are looking forward to all the help for the inception of the Church . c- ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH VENTURA COUNTY P.O.BOX 1027 MOORPARK CA_ 93020-1027 eke co" .]YID . -.11 C1�11 v— ,`11,,-11 r _ errs I�r r 3- Condition No. 49 does not allow the Church to erect an ' k off -site sign Since the Church is located approximately " 500 ft. south of Los Angeles Avenue , it is difficult for our church members to reach the Church at its new locaticLn Therefore , we are requesting to erect a directional sign at the corner of Los Angeles Avenue and Fremont Street . There are other churches in the area that have off -site directional signs . The Church is making the above requests i the zone clearance and start the services possible . On behalf of the Church board members an congregation , I would like to thank you understanding to start our services . God Bless You All Sincerely �I r Medhat F. Maximous , Church Representative t� til y.i 1. ti n order to obtain l l7 as soon as µT �• tomt•' • � J .]YID . -.11 C1�11 v— ,`11,,-11 r _ errs I�r r 3- Condition No. 49 does not allow the Church to erect an ' k off -site sign Since the Church is located approximately " 500 ft. south of Los Angeles Avenue , it is difficult for our church members to reach the Church at its new locaticLn Therefore , we are requesting to erect a directional sign at the corner of Los Angeles Avenue and Fremont Street . There are other churches in the area that have off -site directional signs . The Church is making the above requests i the zone clearance and start the services possible . On behalf of the Church board members an congregation , I would like to thank you understanding to start our services . God Bless You All Sincerely �I r Medhat F. Maximous , Church Representative t� til y.i 1. ti d all the for your time and 1� �i L n; t i] n order to obtain l l7 as soon as 'IL W. LAWRASON JR. Mayor BERNARDO M.PEREZ Mayor Pro Tem SCOTT MONTGOMERY Councilmemoer JOHN E. WOZNIAK Coun6lmemoer LILLIAN KELLERMAN City Clerk MOORPARK MEMORANDUM STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development JOHN F. KNIPE City Engneer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer TO: The Planning Commission FROM: Patrick Dobbins, Assistant City Engineer %� DATE: January 22, 1991 SUBJECT: CUP 90 -2 (COPTIC CHURCH) REVISED CONDITION NO. 56 Condition No. 56 for the subject project should be revised as follows: J6• The applicant shall enter into an agreement with the City and post sufficient surety in an amount to be. determined by the City to construct the Majestic Court improvements that lie within the area of the irrevocable offer of dedication for road purposes .(as identified by the conceptual plan required by condition No. 55). The applicant shall do one of the following: 1. Pay the City for construction of these improvements along the south property frontage prior to issuance of a zoning clearance for occupancy of the existing building. The amount of payment to be approved by the City Council; 2. Post sufficient surety in an amount to be determined by the City to construct the improvements within the next five years. If Majestic Court is not constructed before January 22, 1996 and if the applicant is granted an extension to this Conditional Use Permit for an additional five years, the City shall have the ability to modify this condition of approval. PMD :sf 01811/3011 IM0418.MEM 799 Moorpark Avenue Moorpark, California 93021 (835) 529 -6864