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HomeMy WebLinkAboutAGENDA REPORT 1998 1118 CC REG ITEM 11HITEM ')1a,roo(3\ J C it 0 M00RPARK, CALIFORPTfA City Council Meeting of AGENDA REPORT e' Y( Y ) City of Moorpark 13Y: _ �C To: The Honorable City Council �,/j From: Nelson Miller, Director of Community Developmen�..q Prepared by Stephen Kearns, Planning Intern Date: November 9, 1998 (CC meeting of 11/18/98) Subject: CONSIDER REPORT REGARDING PREVIOUS CITY COUNCIL ACTION ON PERMITS FOR COLIN VELAZQUEZ'S DEVELOPMENT ON LOS ANGELES AVENUE (PLANNED DEVELOPMENT PERMIT NO. 1065) BACKGROUND At the meeting of November 4, 1998, Councilmember Evans requested a report on previous City Council action on permits for Colin Velazquez's development on Los Angeles Avenue. Mr. Velazquez has recently requested approval of an auto body shop with a spray paint booth at this location (see Attachment 1). Staff responded that a Conditional Use Permit is now required for such a use, rather than a Minor Modification as Mr. Velazquez requested (see Attachment 2). The determination that a Conditional Use Permit is required was explained in the letter and is further discussed in the Discussion section below. Planned Development No. 1065 was approved by the City of Moorpark on December 16, 1987 for the construction of a 27,466 square foot Automotive service center located at 476 W. Los Angeles Avenue. On October 18, 1989, the City Council approved a motion that non -auto retail uses are consistent with the Planned Development Permit. This action allowed retail sales but not "service oriented sales such as laundromats or dry cleaners." Minor Modifications On March 26, 1990, the City approved Minor Modification No. 1 to allow take -out sales of beer and wine from an Italian Deli. C: \Velazquez.doc Planned Development No. 1065 City Council Meeting of November 18, 1998 Page - 2 - On May 5, 1992, the City approved Minor Modification No. 2 for the following requests: to allow office uses to be introduced into the tenant spaces that directly front Los Angeles Avenue, and to allow two tables which had already been placed outside of the existing Italian Deli. On March 21, 1996, Minor Modification No. 3 was approved by the Director of Community Development for a request to extend the hours of operation of a billiards use. On October 16, 1996, the City Council approved Minor Modification No. 4 for a request to delete Condition Number 1 of Minor Modification No. 3, which prohibited the sale of alcoholic beverages at the billiards establishment. Administrative Permits On December 11, 1996, Administrative Permit No. 96 -25 was approved by the Director of Community Development for the on -site sale of alcohol in conjunction with an existing billiards establishment. On February 6, 1998, Administrative Permit No. 97 -26 was approved by the Director of Community Development for the on -site sale of alcohol at La Calinda restaurant. Zone Clearances 89 -493 - Occupancy for an automotive service and repair shop 89 -470 - Tenant improvements for a tire store 89 -215 - Tenant improvements for an automobile repair shop 89 -214 - Tenant improvements for a muffler and auto repair shop 88 -579 - Occupancy for an auto repair and retail shop 91 -96 - Occupancy for an auto repair shop 93 -11 - Occupancy for auto alarm and cell phone installation 92 -252 - Tenant improvements 96 -31 - Occupancy for Billiards Center 94 -05 - Tenant improvements for a bakery 93 -176 - Occupancy for auto repair shop 93 -267 - Occupancy for a transmission shop 96 -248 - Occupancy for storage of restored automobiles 89 -602 - Occupancy for Auto Parts Store 89 -549 - Tenant improvements for Auto Parts Store C: \Velazquez.doc w o Planned Development No. 1065 City Council Meeting of November 18, 1998 Page - 3 - 89 -528 - Occupancy for Auto Service and Tire Center 89 -494 - Occupancy for muffler and auto repair shop. 94 -14 - Tenant improvements (unit A -14) 90 -34 - Occupancy and Tenant improvements for Carpet Store 97 -39 - Occupancy for "Audio Cellular Express" 90 -16 - Tenant improvements for an Automotive Repair Shop DISCUSSION On October 19, 1998, Mr. Velazquez submitted a letter (Attachment 1) requesting a minor modification to allow auto body with a spray paint booth. On October 30, 1998, after review of the submitted letter (Attachment 1) and the City Council meetings at which this development was discussed, the Director of Community Development notified Mr. Velazquez (Attachment 2) that a Planning Commission - approved Conditional Use Permit would be required to allow automobile body work and painting. This was based on a review of records relating to this request. In 1991, Mr. Velazquez was given the opportunity to file a Minor Modification to include this use as part of the approved permit. This would have had the effect of grandfathering the use. However, Mr. Velazquez did not avail himself of this opportunity and subsequently, pursuant to Council direction, the Code has been changed to require a Planning Commission approved Conditional Use Permit for the requested use. Since he did not take action to essentially grandfather the use (seven years ago) prior to the change in Code requirements, it was determined that he would now need to comply with current Code requirements. STAFF RECOMMENDATION Receive and File this report. Attachments: 1) Letter from Mr. Colin Velazquez requesting a Minor Modification for Paint and Auto Body use. 2) Letter from Director of Community Development to Mr. Velazquez. 3) Minutes from City Council Meeting of September 25, 1991 C: \Velazquez.doc coo ,* 33 October 19,1998 City of Moorpark 799 Moorpark Ave. Moorpark, Calif. Planning Director Dear Mr-Miller, 93021 Nelson Miller I am requesting a minor mod. for 476 West Los Angeles Ave., Moorpark. We are in negotiations for a long term lease with Pacific Coast Auto Body, which is already been in business in Moorpark for approx. 11 yrs. The owners name is Mark Holland and at present is located at 5162 Goldman Ave., Moorpark. Mr. Holland would like to move to my property for a more desirable location. As part of his business he already has a spray paint booth and would like to relocate at the above address. Please go back into my file and note that in 1991 the City Council authorized the Planning Director to approve this use under a minor mod. at this location. Therefore we are requesting an approval for Pacific Coast Auto Body. Thank you for your prompt attention to this matter. If you have any questions concerning this matter please feel free to call me 523 -8242 between 10a.m. -6p.m. Sincerely, J Colin Partner 601 Moorpark Ave. Moorpark, Calif.93021 ATTACHMENT 1 coo: -h MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 October 30, 1998 Mr. Colin Velazquez 601 Moorpark Avenue Moorpark, Ca. 93021 Dear Mr. Velazquez, This letter is in response to your letter dated October 19, 1998, requesting a Minor Modification to allow a paint and auto body shop at 476 W. Los Angeles Avenue. Staff has reviewed the file approving the development at 476 W. Los Angeles Avenue and has determined that an auto body and painting business was not included in the project entitlement (PD 1056) as an approved use. In 1991, the Moorpark City Council approved a motion directing that if auto body and painting was not identified in the original entitlement application, then a Conditional Use Permit (CUP) would be required. The motion also directed staff to prepare a Code Amendment. In addition, the motion allowed for you to apply for a Minor Modification for the use you were then requesting. However, a Minor Modification does not appear to have been filed and the Code has subsequently changed. The Moorpark Municipal Code (Section 17.20.060) currently requires a Planning Commission - Approved Conditional Use Permit to allow the now requested use. Therefore, in order to pursue this use at this time, an application for a Conditional Use Permit would be required, since a Minor Modification was not filed prior to the change in Code requirements. The application materials are available at the Community Development Department located at City Hall. Thank you for your inquiry. If you have any questions, please feel free to contact myself or Stephen Kearns at (805) 529 -6864. Nelson Miller Director of Community Development C: The Honorable City Council Steve Kueny, City Manager Wayne Loftus, Planning Manager PD 1065 File ATTACHMENT 1 i's®0 rAI HILA NUN I LH DEBBIE RODGERS TEASLEY CHRISTOPHER EVANS BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Minutes of the City council Moorpark, California 3 September 25, 1991 F. - - -- -- -- ^ -� "iVGL,c riUIL I - ev Staff Recommendation: Should the Council desire to amend the City's zoning code regarding parking standards for multi -level parking garages it is recommended that spaces be no smaller than 8.5 by 20 feet in size. (Continued Item 9.F. from 9/18/91) . Pat Richards gave the staff report. Eloise Brown, 13193 Annette Street, stated that parking at Litton will be controlled by Litton as it is a private parking lot. She suggested that if there is a problem with the size of the parking spaces, Litton can deal with it internal to their operations and that it should not be a City concern. In response to Councilmembers Talley and Montgomery, Pat Richards clarified that Litton's original request as stated in a letter dated April 25, 1991, requested a 25 -foot aisle width and a 19.5 -foot length to the parking spaces. Mayor Lawrason noted that the public hearing remains open. There being no speakers Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to direct staff to prepare an ordinance revising the City's zoning code to reflect that parking stalls in private multi -level parking facilities will allow for 25 -foot drive aisles, stalls measuring 19.5 feet deep x 9.Oo feet wide. The motion carried by unanimous voice vote. Councilmember Perez clarified that this motion has no provision for compact spaces. H. Consider Zoning Code Ordinance Amendme , Re a1 R gardinQ Auto Body n i ict Uses in Commercial and d stria o s. Staff Recommendation: Approve Planning Commission resolution as modified and direct staff to prepare revised ordinance. (Continued Item 9.H. from 9/18/91). Pat Richards gave the staff report. Mayor Lawrason opened the public hearing. There being no speakers Mayor Lawrason closed the public hearing. ATTACHMENT 3 p0 Minutes of the City council Moorpark, California 4 September 25, 122,1_ Mr. Richards stated that spray booths for painting are regulated by building code, fire and the Air Pollution Control District regulations. He stated that staff believes painting is a component part of the auto body repair operation and that the Planning Commission's intent was to allow it as part of the Commercial Planned Development process rather than applicants having to file a Conditional Use Permit application in addition to the CPD. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion 1) to require that if an applicant's business, zoned commercial, has not identified auto body painting as a use on the original entitlement application then they will be required to apply for a Conditional Use Permit to allow the auto body painting, 2) to direct staff to prepare a revised ordinance which will set forth that all new auto body repair and painting uses must post a $10,000 bond with the City to guarantee condition compliance, 3) that all four zones C -2, CPD, M -1 and M -2 will require Conditional Use Permits if auto body painting is requested after the entitlement application has been filed, and 4) Staff to request Mr. Velasquez to apply for a Minor Modification for the auto body and paint business in PD 1065. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Perez noted that the Ventura County Board of Supervisors has approved the new supervisorial districts. He said as a result of this change, District No. 5 will have a majority of Hispanic voters. He commended the Supervisors for taking the action as it comes close to meeting the requirements of the Voting Rights Act. He commended Supervisor Vicky Howard for her support in the process. AT THIS POINT in the meeting, the City Attorney left the meeting. 11. ACTION /DISCUSSION ITEMS: A. RennnmiAnr n,.,...: _.__ . _� y- Plus a 'v Tract a s g a d Westland Comp nv). Staff Recommendation: lica t - The conditions of approval. (Continued Item 11-Make fromc9 /18/91) MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to the next regularly scheduled City Council meeting of October 2, 1991. The motion carried by unanimous voice vote.