HomeMy WebLinkAboutAGENDA REPORT 1999 0519 CC REG ITEM 10CITEM 10. C
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
AGENDA REPORT Of ��
CITY OF MOORPARK A T i`t
CTT €)S':
�►�' �`�
'r o n ti did.' ' v1►
TO: Honorable City Council �xI
BY:
CzF ii�,G � t- tG w�rf< w/ N1c
FROM: Deborah S. Traffenstedt, City Clerk —�T
P► e�� ��i�c� ` i,rt►� c 1ru �r�e s
�il�el�
DATE: May 13, 1999 (CC Meeting of 5/19/99) ��)w lve�,
SUBJECT: CONSIDER REPORT ON CONDITION COMPLIANCE FOR
MOORPARK COLLAGE SWAP MEET, TEMPORARY USE PERMIT
NO. 99 -1
BACKGROUND
At the City Council's meeting on April 21, 1999, staff was
directed to report back to Council regarding compliance
with conditions of approval for the Temporary Use Permit.
The third swap meet at Moorpark College is scheduled for
May 16, 1999, after the printing of the agenda packet. The
staff report for this item will be prepared following the
third swap meet on May 16 and will be delivered to the City
Council prior to the May 19 meeting.
STAFF RECOMMENDATION
Direct staff as deemed appropriate.
000354
ITEM -10. C •
AGENDA REPORT
CITY OF MOORPARK
To: Honorable City Council
From: Wayne Loftus, Acting Director of Community Development
Date: May 18, 1999
Subject: CONSIDER REPORT ON CONDITION COMPLIANCE FOR MOORPARK
COLLEGE SWAP MEET, TEMPORARY SPECIAL USE PERMIT NO. 99 -1
BACKGROUND:
At their meeting of May 5, 1999, the City Council requested that
staff prepare a report concerning the operation and compliance with
conditions established under Temporary Special Use Permit No. 99.01,
for the Moorpark College Swap Meet following the conduct of the
third swap meet event.
The Temporary Special Use Permit was issued on April 30, 1999, by
letter from the Community Development Director following
authorization by City Council at their meeting of April 21, 1999.
Conditions were supplemented by the Director (Attachment A) on May
6, 1999, and no additional conditions have been incorporated to the
Temporary Special Use Permit since May 6, 1999. The permit has been
structured consistent with Council direction to provide for three
(3) 30 -day authorizations to conduct the swap meet beginning with
the first meet on May 2, 1999 and expiring on July 29, 1999, with no
possibility of extension. To operate the swap meet beyond the July
expiration date a Conditional Use Permit (CUP) would have to be
approved by the Planning Commission. The deadline for submission of
the CUP application together with appropriate fee was established
fee was submitted for May 14, 1999, and the applicant has met this
deadline.
DISCUSSION:
Following authorization of the Temporary Special Use Permit by City
Council on April 21, 1999, the Community Development Director issued
letters of approval and a letter of condition expansion concerning
Swap Meet - 3rd eventdoc- 5118199 -3:24 PM
Honorable City Council
May 18, 1999
Page 2
the authorization and conduct of the Moorpark College Swap Meet. The
initial letter issued to Dr. James Walker on April 30, 1999,
provided authorization and conditions for the first swap meet event
which was held on Sunday, May 2, 1999. This initial letter included
41 conditions for the conduct of the swap meet including the
limitation that it be held only on Sunday, as had been requested and
that hours of operation be limited to between 6:00 a.m. and 2:00
p.m. The second letter to Dr. Walker dated May 6, 1999 (Attachment
B), incorporated six additional conditions (total 47 conditions) on
the operation based upon feedback from the first event (May 2, 1999)
which was the second authorized occurrence of the swap meet.
During each of the three events held on May 2, 9, and 16, a
representative of the City Community Development Department was on-
site or in the vicinity for a minimum of two hours working with the
operator, Metropolitan Theatres, to facilitate understanding of the
conditions or observing the operation. There was substantial
compliance with all conditions established by the letters of April
30, and May 6, during the three (3) events held thus far. There have
been minor occurrences inconsistent with the conditions such as the
following on May 16, 1999:
• Several vendors (3 -4) setting up prior to 6:00 a.m.
• Inadequate supply of City Business Registration forms for
the number of new sellers attending
• Number trash cans may not be adequate.
• Display and sale of knives and other weapons (Display was
removed immediately upon knowledge of occurrence by the
operator - Metropolitan Theatres).
As noted, based upon the limited infractions at the third event on
May 16, 1999, and the communications received by staff and City
Council, the majority of the problems relate to the access routes to
the site. The initial event on May 2, 1999, utilized Campus Park
Drive as the access to the swap meet site. However, the access was
altered by letter from the Community Development Director dated May
6, 1999, based upon complaints from the Parkside neighborhood
concerning traffic and noise. The traffic pattern was subsequently
changed for the May 9, event to require vendors and sellers
(earliest arrivals) to utilize Collins Drive (impacting Campus
Hills) while buyers who will arrive in large numbers usually later
in the morning could use either Collins Drive or Campus Park Drive.
This spreading of the traffic was, undertaken to determine if
M ICLatl&K MM=PWk Coftp Slmp Meet - 3rd event.doc
Honorable City Council
May 18, 1999
Page 3
moderation of traffic flow established in the early morning hours
would minimize impacts on the neighborhoods. While the traffic was
spread and channeled up a roadway which maintains an appropriate
design and improvements for ir=reased traffic it also spread the
complaints over a larger area. The traffic for all events has been
channeled by swap meet personnel or signage, including signage at
the intersection of Collins Drive and Campus Park Drive, consistent
with conditions of the Temporary Special Use Permit.
As of May 18, 1999
prior to 10:00 a.m. staff has not been made
aware of any new complaints based upon the swap meet event of May
16, 1999, however, provisions concerns about traffic and noise early
on a Sunday morning are likely to remain.
Prior operational issues included in the memo to City Council from
the Community Development Director dated May 5, 1999, have been
resolved and the operator (Metropolitan Theatres) is securing
Business Registration forms and collecting the appropriate fee. In
conjunction with the collection of fees to conduct business at the
swap meet, the attached communication has been received from the
swap meet operator. Metropolitan Theatres in their letter of May 10,
1999 (Attachment C), proposes a reduced fee for non - business sellers
such as the "garage seller" or other person who may sell only once
or twice during the year. Staff would suggest that this request
which would require amendment of the Municipal Code not be
considered at this time and deferred for discussion until such time
as a Conditional Use Permit may be considered to establish a swap
meet as an ongoing opportunity.
The next 30 -day authorization of the Temporary Special Use Permit is
scheduled to be issued during the week of May 31, 1999, to authorize
the swap meet event beginning on June 6, 1999.
RECOMMENDATION:
Direct staff as deemed appropriate.
C: Steven Kueny, City Manager
ATTACHMENTS:
A. Letter dated April 30, 1999
B. Letter dated May 6, 19999
C. Metropolitan Theatres letter dated May 10, 1999
k1CLaAW"Moorpark CaAegelbb V Meet - 3rd eventdoc
1biO0RPARK
iay moorparK Avenue Moorpark, California 93021 (805) 529 -6864
April 30, 1999
Dr. James Walker, President
Moorpark College
7075 Campus Road
Moorpark, CA 9021
SUBJECT: APPROVAL OF TEMPORARY SPECIAL USE PERMIT NO. 99 -01 FOR
THE CONDUCT OF A SWAP MEET ON THE MOORPARK COLLEGE
CAMPUS, METROPOLITAN THEATRES CORPORATION, AGENT
Dear Dr. Walker:
Your request on behalf of the Moorpark College Foundation to
conduct a Swap Meet, beginning Sunday, May 2, 1999, at the Moorpark
College Campus with actual operation carried out by Metropolitan
Theatres Corporation, as your agent, has been approved subject to
the following attached conditions.
Sincerely,
eye Lof s,
Acting Director of Community Development
ATTACHMENTS:
1. Conditions of Approval
2. Plot Plan
cc: The Honorable City Council
Steven Kueny, City Manager
ATTACHMENT
PATRICK HUNTER CHRISTOPHER EVANS CLINT D. HARPER DEBBIE RODGERS JOHN E. WOZNIAK
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
ATTACHMENT NO. 1 - TEMPORARY SPECIAL USE PERMIT NO. 99 -01
CONDITIONS OF APPROVAL AND OPERATION:
1. This Temporary Special Use Permit is issued pending submittal
and processing of an application for a Planning Commission
approved Conditional Use Permit for an open air Swap Meet.
2. The hours of operation (including vendor arrival, setup and
operation) of the Swap Meet shall be on Sunday only between
the hours of 6:00 a.m. and 2:00 p.m. Operation of the Swap
Meet on any other day of the week is not allowed..
3. This Temporary Special Use Permit is approved for a period of
30 -days and will expire on May 29, 1999.
4. This Temporary Special Use Permit may be extended for two
additional 30 -day periods for a total authorization of
operation for 90 days and will expire on July 29, 1999, with
no possibility of extension. Each 30 -day extension of this
permit will be granted at the discretion of the Community
Development Director, upon a determination that all conditions
required under this permit have been complied with and that
there has been no impacts to the neighborhood or to the
community that may be determined by the Director as grounds to
withhold said extensions. The Director of Community
Development may place additional conditions on this permit at
the time an extension is granted or at any time during its
effective period.
5. Within 15 days of the date of approval of this Temporary Use
Permit (by May 14, 1999) the applicant shall file all
application materials and the application fee required to
process a Conditional Use Permit which will be heard by the
Planning Commission. Failure to file the required information
by May 14, 1999, will result in immediate cancellation of the
Temporary Special Use Permit.
6. The parking lots to be used shall be as follows: All vendor
and customer activity shall be in Parking Lots B & C with
customer parking located in Parking Lots A, C & D as shown on
the attached Plot Plan. If access for automobiles is to be
provided in Parking Lot C, a two way driveway with a minimum
20 foot width must be maintained.
7. The applicant shall install traffic directional signs the day
of-the event prior to 5:00 a.m., including, at the northeast
corner of the intersection of Collins Drive and Campus Park
ATTACHMENT NO. 1 - TEMPORARY SPECIAL USE PERMIT NO. 99 -01
CONDITIONS OF APPROVAL AND OPERATION:
Drive on College District property. The applicant shall be
responsible for posting and removal of the signs. The signs
shall be removed no later than 2:00 p.m. of each day the Swap
Meet is held. No signs are to be located within the City
right -of -way or off the College Campus.
8. Security and traffic control on College District property
shall be provided by the Moorpark College Police.
9. Trash receptacles shall be provided and trash shall be
disposed of during the hours of operation and at the
conclusion of each Swap Meet event with final cleanup to be
completed by 4:30 p.m. of each day the Swap Meet is held.
10. All requirements and enactment's of Federal, State, Ventura
County, and the City of Moorpark authorities and any other
governmental entities, and all such requirements and
enactment's shall by reference, become conditions of this
permit.
11. A sign permit shall be obtained for any on -site signs. The
design, location, colors and dates of the erection are subject
to review and approval of the Director of Community
Development prior to installation.
12. No off -site (off college campus) signs shall be allowed.
13. Restroom facilities which may include portable restrooms, will
be provided for use by the public.
14. No alcoholic beverages shall be served.
15. No hazardous materials shall be stored or generated on site.
16. No off site sales or vendor advertising is allowed. The Swap
Meet applicant shall be responsible to insure that this
condition is complied with.
17. No bullhorns or loudspeakers shall be used and no music shall
be played.
18. No amusement type activities involving games of skill or
chance or rides of any kind involving live animals or
mechanical devices shall be allowed.
ATTACHMENT NO. 1 - TEMPORARY SPECIAL USE PERMIT NO. 99.01
CONDITIONS OF APPROVAL AND OPERATION:
19. No ani,nals other than ordinary household pets may be brought
to, displayed, or sold at this swap meet.
20. No temporary lights may be used to illuminate the site or to
attract attention to any portion of the site.
21. No noxious odors shall be generated from any use on the
subject site.
22. All equipment and other noise generation sources on -site 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 zoning
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.
23. Any expansion of uses other than those approved, as part of
this Temporary Special Use Permit will render the Temporary
Special Use Permit void.
24. The applicant shall accept responsibility for, and if
necessary reimburse the City for any expenses incurred as a
result of the operation of the Swap Meet, including, but not
limited to trash cleanup, police services, or repairing damage
to City facilities. The applicant will be billed for any City
staff or contractor time expended to perform such services.
Payment of any such billing shall be made to the City within
ten (10) calendar days of receipt of the City's billing.
25. Failure to comply with any of the Temporary Special Use Permit
conditions shall be cause for revocation of said Temporary
special Use Permit.
26. The applicant shall agree to defend at his sole expense (with
Attorneys approved by Moorpark), and indemnify the City
against any action brought against the City, its agents,
officers or employees resulting from or relating to this
approval. The applicant shall reimburse the City, its agents,
officers or employees for any judgement, court costs and
ATTACHMENT NO. 1 - TEMPORARY SPECIAL USE PERMIT NO. 99 -01
CONDITIONS OF APPROVAL AND OPERATION:
attorney, fees which the City, its agents, officers or
employees may be required to pay as a result of such action.
The City may, at its sole discretion, participate at its own
expense in the defense of any such action, but such
participation shall not relieve the applicant of his
obligations under this condition.
27. The approval of temporary signs banners, flags, streamers,
balloons, or other similar advertising devices are not
included under this application. Temporary signs are processed
under a separate permitting procedure and are subject to the
requirements of Section 17.40 of the Municipal Code and the
review and approval of the Director of Community Development.
28. The Director of Community Development may declare a Temporary
Use Permit that is not in compliance with the conditions of
approval or for some other just cause, a "public nuisance ".
The applicant shall be liable to the City for any and all
costs and expenses to the City involved in thereafter abating
the nuisance and in obtaining compliance with the conditions
of approval or applicable codes. If the applicant fails to pay
all City costs related to this action, the City may enact
special assessment proceedings against the parcel of land upon
which the nuisance existed (Moorpark Municipal Code Section
1.12.080)
29. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
30. The permittee's acceptance of this permit and /or commencement
of uses under this permit shall be deemed to be acceptance of
all conditions of this permit.
VENTURA COUNTY FIRE DEPARTMENT:
31. Any conditions of the Ventura County Fire Department shall be
met, and the City shall be provided the Fire Department
conditions prior to use inauguration of the Swap Meet.
ATTACHMENT NO. 1 - TEMPORARY SPECIAL USE PERMIT NO. 99 -01
CONDITIONS OF APPROVAL AND OPERATION:
POLICE DEPARTMENT CONDITIONS:
32. As needed, Moorpark Police Department staff shall perform any
traffic control on City streets. Swap Meet staff or College
Campus Police Staff is not authorized to perform this
function.
33. Any cost incurred by the city for police services or traffic
control shall be reimbursed to the City by the applicant.
34. At the discretion of the Moorpark Police Chief, Police Staff
will be assigned to the event to observe and evaluate the
operation for compliance or violation of California State
laws. Any costs incurred by the City shall be reimbursed by
the applicant.-
BUSINESS REGISTRATION REQUIRED:
35. Pursuant to City Municipal Code 5.08.020, no person shall
engage in any business within the City without a valid
business registration permit. Section 5.08.070 of the City
Municipal Code requires that every business registration
permit be posted in a conspicuous place upon the premises
where such business is conducted. A permit may be obtained
by paying $30, and either completing the required forms and
submitting it to City Hall prior to the day of the event, or
by completing the forms provided by the event manager, the day
of the event.
36. The event manager shall assist the City to educate, inform and
increase the awareness of all businesses being conducted as to
the requirements of the Business Registration.
37. The event manager shall accept completed business registration
forms and payments the day of the event. It shall be the
responsibility of the event manager to assure that said
applications are completed correctly and signed by each
businessperson. It shall also be the responsibility of the
event manager to issue a temporary receipt to the business
owner, and retain the payment and the completed forms for
submittal to the City.
38. The event manager shall submit all completed business
registration forms and payments to the City each week, no
later than 5:00 P.M. on the first business day following each
ATTACHMENT NO. 1 - TEMPORARY SPECIAL USE PERMIT NO. 99 -01
CONDITIONS OF APPROVAL AND OPERATION:
Sunday event.
39. The event manager shall submit to City Hall a listing of all
person participating in the swap meet no later than 5:00 P.M.,
on the next business day.
BUSINESS REGISTRATION COMPLIANCE:
40. The City will conduct routine compliance checks. Any business
in violation of the City's municipal code, or that fails to
comply with said code, is guilty of a misdemeanor. The event
manager shall cooperate with the City and provide information
on the day of the event to any authorized City employee or
agent, relevant to the compliance effort.
SALES TAX REPORTING:
41. Each business shall comply with the State Board of
Equalization to report all sales tax collected while
conducting business in a temporary setting. It shall be the
responsibility of the event manager to assure that all
business are aware of this requirement, and to record sales
tax earned in Moorpark. The City will be verifying that
businesses are recorded as a Moorpark location in the City of
Moorpark. All businesses not in compliance this requirement
shall be reported to the Sate of California. The event
manager shall be liable for any sales tax loss to the City of
Moorpark as a result of failure to comply with this condition.
L
Parking can be a challenge at Moorpark
beginning P rk College
at the be
9 g of a semester.
To minimize Problems: f`
C I µ`s
nn• Allow extra time to find parking.
• Arrive before 8:00 am for close -in parking
or before 6:30 pm for Evening classes.
• Use lower lots (lots G or H); they're less
congested.
• Car pool or use the VISTA bus.
APR 05 '99 14:33
• rk on city streets. Parking is
0 N T Ic r prohibited, and you
will be ticketed ($40) Or'
($100 or more.)
• Block other cars in campus lots.
You may be ticketed ($gp) or
towed.
K?
S� rn;.; i
0a r K... 7
0
•
� an
�
•uric
r
M
• AMNAM
0
. ohft ^ " l Of+tivti
• nWW 4T4K
N1
ft*&.My Am
r C.•rryF�anlh
a
'�ru+r
S
Sceca"'r^mrw
ro . wn6c.cp� t
cC
. tiMa tier
eusw,l s«rb..
tiM0
cm .0.
'it
• S��rw. WIOSn CmW
9 SUR ftAWO
�
Eau. so
ST
Oft Ogpw"Iwny
0
• S%^M A,,.
• • Rrir
t •4TNY.yW.
MS
�
.M•w+�riim•g�
T
•l►°„°aV/iWvwn
L
LA"
Tp
. Imam (1"1. ty
ATTACHMENT Z
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
May 6, 1999
Dr. James Walker, President
Moorpark College
7075 Campus Road
Moorpark, Ca. 93021
SUBJECT: REVISION TO APPROVAL OF TEMPORARY SPECIAL USE PERMIT
NO. 99 -01 FOR THE CONDUCT OF A SWAP MEET ON THE
MOORPARK COLLEGE CAMPUS; METROPOLITAN THEATRES
CORPORATION, AGENT
Dear Dr. Walker
The attached revisions to conditions for Temporary Special Use
Permit 99 -01 shall apply to the conduct of the Swap Meet held on
the Moorpark College Campus effective Sunday, May 9, 1999.
These added conditions are appropriate to address issues related
to adequate fire protection, and traffic issues in the
neighborhood that became apparent following the first event on
May 3, 1999.
Sincerely,
W ne Lo tus
Acting Director of Community Development
Attachment: Revised Conditions of Approval
C: Honorable City Council
Steve Kueny, City Manager
John Blazej, Metropolitan Theatres
ATTACHMENT v
PATRICK HUNTER CHRISTOPHER EVANS CLINT D. HARPER
Mayor Mayor Pro Tem DEBBIE RODGERS JOHN E. WOZNIAK
Y Councilmember Councilmember Councilmember
REVISED CONDITIONS OF APPROVAL
TEMPORARY SPECIAL USE PERMIT NO. 99 -01
MOORPARK COLLEGE SWAP MEET
MAY 6, 1999
The following revisions to the conditions of approval for
Temporary Special Use Permit No. 99 -01 shall be effective as of
May 6, 1999.
N) a ,
42. VENTURA COUNTY FIRE DEPARTMENT
A. Maintain fire lanes and driveways clear of
obstructions allowing Fire Department access to all
areas.
B. Do not block fire hydrants or fire department
connections to buildings.
C. Provide 100 foot clearance to combustible vegetation.
D. Canopies over 400 square feet and tents over 200
square feet require Uniform Fire Code permits.
E. Cooking booths shall be provided with a 2A 1OBC fire
extinguisher and if the cooking booth emits grease
laden vapors (deep -fat fryers etc.)the extinguisher
shall be 2A 40BC. Cooking booths shall have a clear
space of 10 feet on two sides and shall not be located
within 10 feet of amusement rides.
F. If generators are used they shall be provided with a
2A 40BC fire extinguisher and shall not be accessible
to the public or refueled while running. Electrical
cords shall not create tripping hazards.
G. Trash receptacles shall be provided and emptied as
necessary to prohibit the accumulation of combustible
materials.
H. A telephone shall be provided during the entire event
so 911 can be called in case of an emergency.
43. Traffic directional signs shall be placed at the
intersection of Collins Drive and Campus Park Road prior to
5:00 A.M. on the day of the event to direct vendors and
sellers to the Swap Meet location via Collins Drive.
44. Traffic directional signs placed consistent with condition
number 7 of the Temporary Special Use Permit conditions
attached to the approval letter dated April 30, 1999, shall
be supplemented as follows:
REVISED CONDITIONS OF APPROVAL
TEMPORARY SPECIAL USE PERMIT NO. 99 -01
MOORPARK COLLEGE SWAP MEET
MAY 6, 1999
a. Directional signs placed at the Collins Drive and
Campus Park Road shall direct traffic to the Swap Meet
event utilizing both Collins Drive and Campus Park
Road.
45. Traffic which exits the Swap Meet event from all parking
lots shall be directed by traffic control personnel or
through the use of barricades to utilize Collins Drive
only.
46. No fire -arms, knives, or other weapons or products that
simulate or replicate fire -arms, knives or similar weapons
shall be displayed or sold.
47. The event manager shall compile a list of all sellers or
vendors at the event each session to include: name,
address, phone number, vehicle license plate number and
City of Moorpark Business Registration number and submit
said list to the City of Moorpark by 5:00 P.M. on the first
business day following the holding of each swap meet event.
A separate Business Registration Form shall be required for
each seller for which forms are not on file with the City.
Each Business Registration form shall be accompanied by a
fee of thirty dollars ($30) per calendar year. The
applicant for the swap meet and /or the event manager shall
be held responsible for the fee and the proper filing of
the Business Registration Forms.
METROPOLITAN THEATRES LOS ANGELES, CAS 90048
May 10, 1999
Moorpark City Council
799 Moorpark Avenue
Moorpark, Ca. 93021
Dear Honorable City Council;
Metropolitan Theatres Corporation has an agreement with Moorpark College to operate a Swap Meet
on the College campus. We are currently operating on a temporary use permit as provided by City Council. !t
has been required in this permit that all vendors purchase a yearty city business license. A number of sellers
only sell once or a limited time in a year and are reluctant to purchase a yearly permit. We are requesting that
any seller that has not purchased a yearly permit be required to obtain a 1-day special use permit for $2.00.
We would be responsible for collecting the funds and submitting them to the city on a monthly basis. ALL
vendors would still be required to complete a city business license form. This also would not cause a problem
with our regular vendors because of the economics of requiring a $30 yearly permit.
Thank you for your time and consideration
Sincerely,
Bill Hughes
Metropolitan Theatres Corporation
CC: Steve Kueny
,/Wayne Loftus
Don Reynolds
Jim Walker
ATTACHMENT