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HomeMy WebLinkAboutRES PC 2019 636 2019 0122 RESOLUTION NO. PC-2019-636 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2018-03 TO ALLOW OUTDOOR STORAGE OF EQUIPMENT AND VEHICLES ON TWO LOTS IN CONJUNCTION WITH AN EXISTING BUSINESS (TRENCH SHORING COMPANY) LOCATED AT 13826 PRINCETON AVENUE AND 13836 PRINCETON AVENUE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF ROGER EGGE, ON BEHALF OF MALLOY FAMILY PARTNERS, LP WHEREAS, on November 6, 2018, Roger Egge, on behalf of Malloy Family Partners, LP, submitted an application for Conditional Use Permit (CUP) No. 2018-03 to allow outdoor storage of equipment and vehicles on two lots in conjunction with an existing business (Trench Shoring Company) located at 13826 Princeton Avenue and 13836 Princeton Avenue; and WHEREAS, at a duly noticed public hearing on January 22, 2019 for CUP No. 2018-03, 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 CUP No. 2018-03 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The proposed outdoor storage is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has already been graded and improved in anticipation of future development. No further environmental documentation is needed. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission, based on its own independent analysis and judgment, concurs with the Community Development Director's determination that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The proposed outdoor storage is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has already been graded. No further environmental documentation is needed. Resolution No. PC-2019-636 Page 2 SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report, 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(D): A. The proposed use is consistent with the provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations as conditioned in that outdoor storage in the Industrial Park (M-1) Zone is a conditionally-permitted use. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that outdoor storage is permitted in the Limited Industrial zone. C. The proposed use is compatible with the scale, visual character, and design of surrounding properties in that conditions of approval have been proposed for appropriate screening and landscaping; D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of outdoor storage. E. The proposed outdoor storage use would not be detrimental to the public interest, health, safety, convenience, or welfare. SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission herby approves Conditional Use Permit No. 2018-03 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. Resolution No. PC-2019-636 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 Hamous, Landis, Vice Chair Haverstock, and Chair Aquino NOES: None ABSTAIN: None ABSENT: Commissioner Di Cecco PASSED, AND ADOPTED this 22nd day of January, 2019. 41:41, i4e242-'- Debra Aquino Gl Chair i1 Josep r Actin. 4 o munity Development Director Exhibit A— Special and Standard Conditions of Approval Resolution No. PC-2019-636 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2018-03 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Subdivisions and Planned Developments as adopted by City Council Resolution No. 2009-2799 (Exhibits A), 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 OF APPROVAL 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 by the California Code of Civil Procedure Section 1094.6 and Government Code Section 65009. 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: 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-2019-636 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. 2018-03, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking layout shall require review and approval as determined by the Community Development Director consistent with Chapter 17.44 of the Zoning Ordinance. 7. Conditional Use Permit No. 2018-03 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.B 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. 8. Conditional Use Permit No. 2018-03 is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 9. Prior to issuance of Building Permits, the applicant must submit lighting, wall and fence, and landscaping plans for review and approval by the Community Development Director, Parks and Recreation Director, and Police Chief demonstrating compliance with the City's Zoning Ordinance, Landscape Resolution No. PC-2019-636 Page 6 Standards and Guidelines, and Water Efficient Landscape Ordinance, and provides a safe and secure environment for the building occupants. 10. None of the prohibited plants indicated in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List contained in the City's Landscape Standards and Guidelines shall be used on the development site. 11. Prior to the issuance of a Zoning Clearance for Building Permit, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the City Engineer/Public Works Director. 12. All necessary permits must be obtained from the Building and Safety Division and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 13. No equipment may be stored within 5 feet of any property line. 14. An anti-graffiti coating is required on the front of the wall and gate facing Princeton Avenue and west side of the property prior to Community Development approval of final occupancy. Prior to installation of the coating, applicant shall submit specifications of the anti-graffiti coating for the review and approval of the Community Development Director. 15. The number of parking spaces shall be maintained consistent with Chapter 17.32 of the Zoning Ordinance. 16. Prior to the issuance of the Zoning Clearance for occupancy, A lot line adjustment or parcel map merging 13826 Princeton Avenue and 13836 Princeton Avenue must be completed and recorded . 17. General maintenance of vehicles and equipment on the site must be done under the existing canopy and is limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday. 18. Trucks shall be loaded with material and equipment and staged no later than 6:00 p.m. the night before delivery. Deliveries shall start no earlier than 5:30 a.m. Hours of operation shall be no earlier than 7:00 a.m, and no later than 6:00 p.m. from Monday to Friday and 8:00 a.m. to 6:00 p.m. on Saturday with no work on Sunday. Loading for Monday morning must occur on Saturday. The Community Development Director may further restrict hours of operation upon written notice to the applicant. 19. There shall be no major repair of vehicles or trucks on site. Resolution No. PC-2019-636 Page 7 20. Parking areas must be developed and maintained in compliance with the Moorpark Municipal Code, and surfaced with asphalt, concrete, or other surface acceptable to the Community Development Director, City Engineer/Public Works Director, and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks or curbs in parking areas adjacent to landscaped areas. All parking space striping must be maintained to be clearly visible during the life of the development. 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. Storage of all equipment, including trench boxes, trench tops, slide rails, beams and plates, "Z" shores, hydraulic shores, Modular Aluminum Panel System (MAPS) aluminum shields and vehicles must take place in areas not visible from the adjacent Princeton Avenue public right-of-way and west side of property. 23. By accepting this permit, the applicant agrees to cast affirmative ballots for the formation of one or more assessment districts and levying of assessments, for the maintenance of parkway landscaping within the right-of-way between the front property line and curb (City Landscape Maintenance District (LMD)), including but not limited to all water and electricity costs. The applicant further agrees to provide for maintenance of parkway landscaping within the right-of-way between the front property line and curb in the event the aforementioned assessment district is dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. 24. If at any time it is determined that the use is not consistent with the City's noise requirements, the applicant will be required to implement appropriate measures as determined by the Community Development Director to bring the use into compliance with provisions of the City's Noise Element of the General Plan and the noise standards in the Moorpark Municipal Code. 25. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. Engineering / Public Works 26. Obtain coverage under the California Industrial General Permit 2014-0057-DWQ (Permit), or provide documentation supporting Permit coverage will not be required. Resolution No. PC-2019-636 Page 8 27. Prior to occupancy, the applicant must provide street improvements along the frontage of the property, including curb, gutter, driveway apron, and sidewalk, per Standard Plans for Public Works Construction. All improvements shall be subject to the satisfaction of the City Engineer/Public Works Director. 28. Prior to occupancy, the applicant must provide street surface repairs to Princeton Avenue along the frontage of the property to the satisfaction of the City Engineer/Public Works Director. Street surface repairs may range from pothole repairs to 2" grind and overlay to the Princeton Avenue street centerline. 29. Project shall comply with all applicable State and local storm water requirements. This includes any applicable General Permit conditions and requirements, and post-construction storm water improvements. -End-