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HomeMy WebLinkAboutRES PC 2018 633 2018 1023 RESOLUTION NO. PC-2018-633 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2018-02 TO ALLOW AN AUTOMOBILE SALES DEALERSHIP WITH LIGHT REPAIR SERVICES AT 13816 PRINCETON AVENUE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF MIR RAFIQ WHEREAS, on August 13, 2018, an application for Conditional Use Permit (CUP) No. 2018-02 was filed by Mir Rafiq (Hi-Tech Auto) to allow automobile sales and service with an approximately 2,186 square-foot office and service building on a 0.39 acre lot at 13816 Princeton Avenue; and WHEREAS, at a duly noticed public hearing on October 23, 2018, the Planning Commission considered CUP No. 2018-02; and WHEREAS, at its meeting of October 23, 2018 the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Community Development Director has determined that proposed Conditional Use Permit (CUP) No. 2017-02 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 Categorical Exemption: Existing Facilities) of the CEQA Guidelines in that this permit involves the re-use of an existing building with appropriate access, parking and circulation for this proposal, and the use is consistent with the applicable general plan designation and all applicable general plan policies and applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the Community Development Director's determination that proposed Conditional Use Permit (CUP) No. 2018-02 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 Categorical Exemption: Existing Facilities) of the CEQA Guidelines in that this permit involves the re-use of an existing building with appropriate access, parking and circulation for this proposal, and the use is consistent with the applicable general plan designation and all applicable general plan policies and applicable zoning designation Resolution No. PC-2018-633 Page 2 and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Community Development Director's determination of exemption, and based on its own independent analysis and judgment, concurs with the determination of exemption. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 1. The proposed use is consistent with the provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations as conditioned in that the land is planned and zoned for general commercial uses of the intensity proposed and sufficient parking is available. 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that the automobile sales and service is complementary to the uses on the south side of Princeton Avenue, and conditions of approval have been added to mitigate impacts to the residential uses on the north side of Princeton Avenue. 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties, in that the use requires minimal modification to the exterior of the existing building. 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been added to control lighting, noise, and other impacts. 5. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare, in that conditions of approval have been added to improve the driveways, circulation, and access. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2018-02 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. Resolution No. PC-2018-633 Page 3 SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Di Cecco, Haverstock, Landis, and Chair Hamous NOES: None ABSTAIN: None ABSENT: Vice Chair Aquino PASSED, AND ADOPTED this 23rd day of October, 2018. IQs ce A. Hamous, air gAid David A. Bobardt, Community Development ment Director Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2018-633 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2018-01 Standard Condition The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. Special Conditions 1. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 4. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i. The City bears its own attorney fees and costs; and ii. The City defends the claim, action or proceeding in good faith. Resolution No. PC-2018-633 Page 5 b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2018-02, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking or vehicle storage layout shall require review and approval by the Community Development Director. 7. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 8. Conditional Use Permit No. 2018-02 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.6 of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 9. Prior to issuance of Zoning Clearance for occupancy, both driveways must be removed and reconstructed to the satisfaction of the City Engineer/Public Works Director. 10. Prior to issuance of Zoning Clearance for occupancy, broken curb and gutter must be removed and replaced to the satisfaction of the City Engineer/Public Works Director 11. A separate sign permit application must be submitted for all proposed signs, for the review and approval of the Community Development Director prior to issuance of a building permit for a sign. Flags, banners, balloons, pennants, and handheld signs not otherwise permitted by code are expressly prohibited. 12. Outside speakers and amplified sound are prohibited at all times. Resolution No. PC-2018-633 Page 6 13. All outdoor lighting must comply with Chapter 17.30 of the Moorpark Municipal Code (Lighting Regulations). 14. Prior to issuance of Zoning Clearance for occupancy, the trash enclosure must be rehabilitated subject to the review and approval of the Community Development Director. 15. Prior to issuance of Zoning Clearance for occupancy, all unused roof vents must be removed from the building, subject to the review and approval of the Community Development Director. 16. A parking, landscaping, and irrigation plan subject to review and approval of the Community Development Director and Parks, Recreation, and Community Services Director must be submitted. Landscaping must include removal of concrete from parkway and replacement with acceptable landscaping, including replacement of deteriorated meter box. All site improvements must be completed prior to final occupancy. 17. Approval of a Zoning Clearance is required prior to the issuance of plan check, building and occupancy permits. All other permit and fee requirements shall be met and property maintenance violations at the shopping center shall be abated prior to occupancy to the satisfaction of the Community Development Director 18. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 19. The applicant and his/her successors, heirs, and assigns must maintain solid waste service as required by Chapter 8-36 of the Moorpark Municipal Code using a franchised waste hauler approved by the City of Moorpark, unless otherwise approved in writing by the Solid Waste Division as authorized by Chapter 8-36 of the Moorpark Municipal Code. 20. No outdoor storage is allowed under this approval. Any request for outdoor storage is subject to the application requirements in place at the time of such request. 21. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 22. Hours of operation shall be no earlier than 7:00 a.m. and no later than 7:00 p.m. Monday through Saturday. The Community Development Director shall have the authority to restrict hours of operation through a Permit Adjustment when in his/her opinion limits on hours of operations are necessary to maintain compatibility with adjacent uses. Resolution No. PC-2018-633 Page 7 23. No major outdoor repair or maintenance, including major washing, cleaning, or detailing of vehicles is allowed under this permit. All mechanical equipment (e.g. air compressors) must also be kept inside service bays. 24. No heavy service or repair such as auto body shop, painting, engine rebuilding, transmission repair, steam cleaning and other heavy services are allowed. 25. Vehicles brought in for service may only be parked within the parking spaces designated for this building during open hours of operation and may not be parked in driveway, street, or in the alley. All vehicles left for service overnight and on weekends (outside business hours), both operative and inoperative, must be parked inside the service bays. -End-