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HomeMy WebLinkAboutAGENDA REPORT 1991 0417 CC REG ITEM 11CMOORPARK PAUL W. LAWRASON JR. MOORPARK, CALIFORNIA Ma�ror City 1 Meeting BERNARDO M. PEREZ of 199 Mayor Pro Tern SCOTT MONTGOMERY AcMON: Councilmember JOHN E. WOZNIAK Councilmember By LILLIAN KELLERMAN City Clerk ME FROM: DATE: 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 Development April 5, 1991 (CC Meeting of April 17, 1991) SUBJECT: CITY ENGINEERING CONDITION NOS. 55 and 56 RELATED TO MAJESTIC COURT IMPROVEMENTS FOR CONDITIONAL USE PERMIT NO. 90 -2 (COPTIC CHURCH) Background On January 22, 1991, the Planning cormnission as the final approving the authority for this project, held a public hearing concerning above project, and approved this Conditional Use Permit subject to Conditions of Approval. Staff has been contacted by the applicant regarding condition Nos. 55 and 56 which states -as follows: 55. The applicant shall offer to the City of Moorpark an irrevocable offer of dedication for road purposes, sufficient width along the south property line to permit an ultimate right -of -way of 34 feet from the centerline of future Majestic Court, according to the Ventura County Road Standard Plate B3C. The applicant's engineer shall prepare a conceptual plan for the future Majestic Court improvements along the property frontage. The alignment of Majestic Court shall match the alignment identified in the "Traffic Circulation Analysis for the Arroyo Simi Area" April, 1985 and the existing road improvements to the west provided by PD -1010. The right -of -way dedication is estimated to be _approximately five feet in width. 56. The applicant shall enter -- into- an- -agr- eement -w t-h- -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). 1 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 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. 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. On March 28, 1991, the Department of Community Development 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. The applicant 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 agreed to set this matter for Council discussion and possible direction. This issue was discussed by the City Council at the April 3, 1991 City Council meeting. Council directed staff to issue the applicant a Temporary Use Permit to use the building for one weekend and requested that the applicant meet with staff to work towards resolving the issue concerning condition Nos. 55 and 56. The Council also allowed the Temporary Use Permit fee (Zone Clearance) to be deferred until payment of the Condition Compliance fee. The applicant's representative met with City staff on April 5, 1991 to discuss possible rewording of the aforementioned condition of approval and to obtain a Temporary Use Permit to allow the church to occupy the building for church services for the weekends of April 6 -7. Since the matter was to be considered by the Council on April 17, 1991, staff extended the Temporary Use Permit one additional weekend (April 13 -14). 2 Staff is requesting that the City Council provide direction towards the resolution of the applicant's concerns (or at least reduce it) regarding the above referenced conditions of approval. Staff is suggesting the following to put closure to this matter. Staff is of the opinion that the. church should enter into an agreement with the City to accomplish: a. Deferral of the payment of a bond, time certificate, joint savings account, irrevocable letter of credit or some other acceptable instrument for up to one year regarding the improvement costs related to conditions 55 and 56; and b. To defer the creation of a legal description, survey, construction plans up to one year. As staff has indicated in the past, modifications to project conditions require a major or minor modification process. Also, in this case the Council is not the decision making body. Thus the matter should be referred to the Planning Commission for final disposition. This could not occur any earlier than May 6, 1991. (The next regularly scheduled Planning Commission meeting). On April 10, 1991 the Church presented additional information which is enclosed for your review. Recommendations 1. That the Council concur with a weekend Temporary Use Permit through May 5, 1991 pending the Planning Commission's action on the suggested Minor Modifications. 2. That the Council concur with staff's approach to resolving condition Nos. 55 and 56. 3. That the Council forward the matter to the Planning Commission to consider a Minor Modification to condition Nos. 55 and 56. 3 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH VENTURA COUNTY P.OBOX 1027 MOORPARK CA. 93020- 1027 April 9, 1991 City of Moorpark 799 Moorpark Avenue Moorpark, CA 93020 Honorable Mayor, Members of City Council, V Thank you all for granting our church the temporary zone clearance to perform our Easter services. However, we still request changing the language of Conditions No. 55 and 56. A revised condition is attached for your approval. A proposed agreement that complies with the revised condition is also attached for your review and approval. li4 I� Staff indicated to us that a minor modification to the conditional use permit required to change Condition No. 55 and 56. We request extending the zone clearance until the minor modification is processed through the Planning Department. We are making this request in order to continue the church services without interruption. On behalf of the Church Board and the congregation, we would like to thank you for your efforts in keeping our church in service. Sincerely, Medhat F. Maximous Church Representative q A — RECEIVED — APR 101991 City of Moorpark t 0i 2. This Covenant and Agreement is executed for the benefit ofand in favor of the City only, and shall be enforceable only by the City. No rights are created hereunder in favor of any other person or entity. This covenant and condition is made and entered into for the purpose of co lying with Condition No. 55 A c of the C'•t� Permit No. Qo — 2. a •� approved by the City Coun- . ci UPI anning Commission of the City of Moorpark by Resolution No. jR.c . q O — 73,o adopted on `_5cLVN %kc V H 2 IcA , as a comprehensive scheme for the development of T the Property- -TJ —�� 3. This Covenant and Agreement is intended to benefit and burden the Property, and ' shall run with the land and be enforceable against Owner in its capacity as owner of the Property and against its successors, heirs and assigns. It shall not be enforceable against Owner after Owner ceases to have an interest in the Property. 4. This Covenant and Agreement shall remain in force and effect until released by recorded instrument executed by the City, whichever is sooner. 5. Notwithstanding anything herein to the contrary, the obligations of Owner and its successors and assigns hereunder shall be enforceable only to the extent of their interest in the Property, and neither Owner nor any of the partners, shareholders, employees or agents thereof shall be personally liable hereunder. (attach acknowledgment) By. -n . AN��P A..J Name: Title: APPROVED AS TO FORM AND CONTENT: s Patrick J. Richards, Director of Community Development i City of Moorpark, CA b RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: : City Clerk City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 COVENANT AND AGREEMENT r/a „tom,., \off Yo%l�•v� SdGV -A wlviS� - The undersigned �.. is /V �.odo ( "Owner "), as owne fthat certainparcel ofreal property located in the City ofMoorpark, - County of Ventura, which is further described in Exhibit A attached hereto and incorporated herein by this reference (the "Property "), hereby covenants and agrees as follows: 1. Owner agrees if and when the "Traffic Circulation Analysis is for the Arroyo Simi i Area" April, 1985 been adapted by the City Council of the City of Moorpark and the Majestic Court is constructed along the south property frontage the owner agrees to: (a) `- € dedicate to the City of Moorpark for road purpose, sufficient width (approximately five Lr feet) along the south property line of the parcel described in Exhibit "A" attached. (b) Construct the Majestic Court improvements needed that He within the area of dedication approximately five feet for road purposes. 2. This Covenant and Agreement is executed for the benefit ofand in favor of the City only, and shall be enforceable only by the City. No rights are created hereunder in favor of any other person or entity. This covenant and condition is made and entered into for the purpose of co lying with Condition No. 55 A c of the C'•t� Permit No. Qo — 2. a •� approved by the City Coun- . ci UPI anning Commission of the City of Moorpark by Resolution No. jR.c . q O — 73,o adopted on `_5cLVN %kc V H 2 IcA , as a comprehensive scheme for the development of T the Property- -TJ —�� 3. This Covenant and Agreement is intended to benefit and burden the Property, and ' shall run with the land and be enforceable against Owner in its capacity as owner of the Property and against its successors, heirs and assigns. It shall not be enforceable against Owner after Owner ceases to have an interest in the Property. 4. This Covenant and Agreement shall remain in force and effect until released by recorded instrument executed by the City, whichever is sooner. 5. Notwithstanding anything herein to the contrary, the obligations of Owner and its successors and assigns hereunder shall be enforceable only to the extent of their interest in the Property, and neither Owner nor any of the partners, shareholders, employees or agents thereof shall be personally liable hereunder. (attach acknowledgment) By. -n . AN��P A..J Name: Title: APPROVED AS TO FORM AND CONTENT: s Patrick J. Richards, Director of Community Development i City of Moorpark, CA b PROPOSED NEW WORDING FOR CONDITION NO. 55 & 56 The applicant shall enter.into an agreement with the City of Moorpark to dedicate, for road purposes, sufficient property (approximately five feet in width) along the south property line, to permit an ultimate right -of -way of 34 feet from the centerline of future Majestic Court, according to Ventura County Road Standards Plate B3c, and to construct the future Majestic Court improvements that lie within the dedicated area, IF AND WHEN, the road is constructed along this property frontage.