HomeMy WebLinkAboutAGENDA REPORT 2003 0115 CC REG ITEM 08BCouncli
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MOORPARK CITY COUNCIL Q
AGENDA REPORT
Et':� IF-!
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Directo
Prepared By: Joseph F. Fiss, Principal Plan
DATE: December 31, 2002 (CC Meeting of 1/15/03)
SUBJECT: Consider CUP No. 2002 -06, a Request To Allow a Factory
Authorized Harley Davidson Motorcycle Dealership with
Service, Storage and Retail Areas Located at 6190 Condor
Drive, on the Application of Tom Elsaesser. (Assessor
Parcel No. 513 -0- 060 -275)
BACKGROUND
This is a request to allow a factory authorized Harley Davidson
Motorcycle dealership with retail, office, service and storage
areas at an existing facility located at 6190 Condor Drive. This
application proposes a change of use and tenant improvements to an
existing 18,150 square foot industrial building. The building is
currently being used for warehouse /storage purposes.
Review and approval of this conditional use permit was determined
by the Community Development Director to require only Planning
Commission action, unless appealed to the City Council, However,
currently, there is no seated Planning Commission. Although the
Code does not specifically state that the City Council may act for
the Planning Commission when no Commission has been seated, the
Community Development Director, in consultation with the City
Attorney, has determined that in the absence of a Planning
Commission it is appropriate for the City Council to act on this
matter.
DISCUSSION
Land Use
The Zoning Ordinance does not have a classification for such a use.
However, the Community Development Director has the authority to
make an interpretation of codes where specificity is lacking. The
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Honorable City Council
January 15, 2003
Page 2
Zoning Ordinance also does not address parking for this use;
therefore, an interpretation of required parking is also necessary.
The Community Development Director has determined that this use is
similar in nature to other uses in the same zone and has required a
Planning Commission approved conditional use permit.
Project Setting
Existinq Site Conditions:
The existing building is located on the northeast corner of Condor
Drive and Old Los Angeles Avenue. It is directly south of the 118
Freeway. The location of this building adjacent to the freeway on
and off ramp makes it facile to access from adjacent communities to
the south and east. The site is located sufficiently away from
residential uses so as not to cause any disturbances to sensitive
receptors.
Previous Applications:
Industrial Planned Development (IPD) 98 -3 was originally approved
in June of 1998, approving this building. IPD 98 -3 was part of a
series of buildings along Condor Drive, approved as IPDs 98 -1, 2,
and 3.
General Plan and Zonina Consistencv:
The General Plan designation of the site is I -1, Light Industrial
and the Zoning designation is M -1, Industrial Park. The Community
Development Director has determined that this proposal is
consistent with these land use designations, subject to approval of
a Conditional Use Permit. A Conditional Use Permit is a permit
based on a discretionary decision required prior to initiation or
particular uses not allowed as a matter of right. Such permits are
subject to development plan review and may be conditioned at the
time of approval to insure compatibility with the adjacent
development and surrounding area.
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GENERAL
PLAN /ZONING
Direction
General Plan
Zoning
Land Use
Site
.....................................................................................
I -1
............................... -.............................................................................................................................
M -1
...............................
Warehouse /Ind
North
.........................................................................................................................................................................................................................................................................................................................................................................................................................
OS -1
_.. ................... ......................................................................................................................
OS 40
-- ...................
118 Freeway
South
....................... _...... .........................
I-1
......................................... ... .. ...................................................................................._
MParking
............................................................
...............................
Lot
East
........................................................................................................................................................................................................................................................................................._................................................................................................................._....
I -1
......
M -1
......................_ . . . . . . .. . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Warehouse /Ind
West
I -1
M -1
...............................
Industrial
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Honorable City Council
January 15, 2003
Page 3
Proposed Project
Architecture:
Architecturally and geographically, this building is considered a
NNgateway" building into the City. A higher profile use is
characteristically desirable at such a location. The existing
architecture is appropriate for the area, however, given the
current warehouse use, and a lack of distinctive signage it is
easily overlooked. Often, buildings become known for their major
tenant and are associated with their community in that regard. A
condition of approval has been added to require a comprehensive
sign program subject to approval by the Community Development
Director.
Setbacks:
There will be no change in setbacks or landscaping to the existing
building.
Circulation:
The site access and internal circulation will not be changed. The
building and site are appropriately designed for the proposed use.
Parking:
The code does not specifically address parking for this use. Staff
has analyzed the proposed uses and determined that by breaking down
the components of the use and comparing them to similar uses that
are allowed within the code, the following parking requirements
would be appropriate.
Use
Floor Area
Parking Ratio
Required Spaces
(s.f.)
First Floor
15,150
Retail Display
8,550
1/200
4.27
Office /Other
600
1/300
2
Vehicle Repair
2,200
1/150
14.67
Storage
3,800
1/500
7.6
Mezzanine
3,000
Retail Display
2,500
1/200
1.25
Office Other
500
1/300
1.67
Total
18,150
31.46
A total of 39 parking spaces exist on site, exceeding the required
parking for the requested use.
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Honorable City Council
January 15, 2003
Page 4
Loading Area:
Existing loading area(s) are consistent with current code
requirements. No additional loading will be required.
Landscaping:
The existing landscaping is in a healthy and thriving condition.
No additional landscaping is proposed. There is no request to
remove any landscaping. Landscape maintenance will be consistent
with City standards.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following
three areas for City Council consideration:
• Hours of Operation
• Customer Test Drive Route
• Repairs and Mechanics Engine /Drive Testing
Hours of Operation:
The applicant has indicated hours of operation from 9:30 a.m. to
6:30 p.m., Tuesday through Saturday. Staff has evaluated these
hours for this use and determined that although these hours are
appropriate, future market demands may induce the applicant to
request operation of the retail portion of the facility seven days
a week. A condition of approval has been added restricting the
hours and days of the repair operation, but not the days of the
retail operation. Any special events would be subject to approval
of a Temporary Use Permit.
Customer Test Drive Route:
The applicant has not proposed a customer test drive route. Staff
has reviewed the location of this proposal and its proximity to
residential neighborhoods and determined that a pre- determined test
drive route should be established. Such a route should prohibit
test drives north of the 118 freeway and within the Virginia Colony
neighborhood. A condition of approval has been added to require
the applicant to submit a test drive route for review and approval
by the Community Development Director.
Repairs and Mechanics Enqine /Drive Testina:
The applicant has indicated that all vehicle repairs will be done
within the building. Staff has added a condition of approval to
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Honorable City Council
January 15, 2003
Page 5
ensure that no outdoor repair takes place. It is assumed that,
occasionally, vehicles will be road - tested by repair personnel. A
condition of approval will be added to ensure that such road tests
follow the same route as determined for test drives.
Findings
Staff analysis of the proposed project has determined that the
following necessary findings have been met:
1. The Conditional Use Permit is consistent with the intent and
provisions of the City's General Plan and of the City
Municipal Code in that it furthers Goal 7 and Goal 8 of the
Land Use Element of the General Plan as follows: "Goal 7:
Provide for a variety of commercial facilities which serve
community residents and meet regional needs" and "Goal 8:
Provide for new commercial development which is compatible
with surrounding land uses ". The Conditional Use Permit is
compatible with the character of surrounding development in
that the use is consistent with surrounding uses and the
architectural style of the existing building is consistent
with surrounding buildings and will not change.
2. The Conditional Use Permit would not be obnoxious or harmful,
or impair the utility of neighboring property or uses in that
the use has been evaluated with respect to neighboring
property and is consistent with surrounding land uses and
freeway oriented development, and has been conditioned to
limit the customer test routes of the motorcycles to the
industrial area and the freeway. Conditions have also been
added to restrict all repairs to inside of the building and
any testing of engines and the bikes to the same route as the
customer test drive route.
3. The Conditional Use Permit would not be detrimental to the
public interest, health, safety, convenience, or welfare in
that conditions of approval have been added to take care of
any detrimental effects.
4. The conditionally permitted use is compatible with existing
and planned land uses in the general area where the
development is to be located in that this use is similar in
nature to permitted and conditionally permitted uses within
the M -1 Zone and is in an area which is substantially
developed.
5. The Proposal is compatible with the scale, visual character
and design of the surrounding properties, designed so as to
enhance the physical and visual quality of the community, and
the structure has design features which provide visual relief
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Honorable City Council
January 15, 2003
Page 6
and separation between land uses of conflicting character in
that this is an existing building that has been developed
consistent with the surrounding architecture of the area.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some
projects may be exempt from review based upon a specific category
listed in CEQA. Other projects may be exempt under a general rule
that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect
upon the environment. A project which does not qualify for an
exemption requires the preparation of an Initial Study to assess
the level of potential environmental impacts.
The Director has reviewed this project and found it to be
Categorically Exempt in accordance with Section 15301 (Class 1) of
the California Code of Regulations (CEQA Guidelines). No further
environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony, and close
the public hearing;
2. Adopt Resolution No. 2003- approving Conditional Use
Permit 2002 -06 subject to Conditions of Approval.
Attachments:
1. Location Map
2. Draft City Council Resolution 2003- , approving CUP 2002-
06, with Conditions of Approval.
3. Architectural Exhibits (Site Plan, Floor Plans)
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Location Map
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RONALD REAGAN (ST. HWY. 118) FWY.
CC ATTACHMENT 1 000008
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2002 -06, TO ALLOW A FACTORY AUTHORIZED
HARLEY DAVIDSON MOTORCYCLE DEALERSHIP WITH
SERVICE, STORAGE AND RETAIL AREAS, LOCATED AT 6190
CONDOR DRIVE, ON THE APPLICATION OF TOM ELSAESSER.
(ASSESSOR PARCEL NO. 513 -0- 060 -275)
WHEREAS, the City of Moorpark Planning Commission has not
yet been appointed for 2003/2004, and in the absence of a
Planning Commission it is appropriate for the City Council to act
on matters which would normally be heard by the Planning
Commission; and
WHEREAS, at a duly noticed public hearing on January 15,
2003, the City Council considered Conditional Use Permit (CPD)
No. 2002 -06, to allow a factory authorized Harley Davidson
Motorcycle Dealership with service, storage and retail areas,
located at 6190 Condor Drive, on the application of Tom
Elsaesser. (Assessor Parcel No. 513 -0- 060 -275); and
WHEREAS, at its meeting of January 15, 2003, the City
Council conducted a public hearing, received public testimony,
and closed the public hearing.
WHEREAS, the City Council after review and consideration of
the information contained in the staff report and public
testimony has reached a decision on this matter.
WHEREAS, the City Council concurs with the Community
Development Director's determination that this project is
Categorically Exempt from the provisions of CEQA , pursuant to
Section 15301 as a Class (1) exemption for the continuing use of
existing facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying
studies, and oral and written public testimony, the City Council
makes the following findings in accordance with City of Moorpark,
Municipal Code Section 17.44.030:
A. The Conditional Use Permit is consistent with the intent and
provisions of the City's General Plan and of the City
CC ATTACHMENT 2 ®OC®G9
Resolution No. 2003 -
Page 2
Municipal Code in that it furthers Goal 7 and Goal 8 of the
Land Use Element of the General Plan as follows: "Goal 7:
Provide for a variety of commercial facilities which serve
community residents and meet regional needs" and "Goal 8:
Provide for new commercial development which is compatible
with surrounding land uses ". The Conditional Use Permit is
compatible with the character of surrounding development in
that the use is consistent with surrounding uses and the
architectural style of the existing building is consistent
with surrounding buildings and will not change.
B. The Conditional Use Permit is compatible with the character
of surrounding development in that the use is consistent
with surrounding uses and the architectural style of the
existing building is consistent with surrounding buildings
and will not change.
C. The Conditional Use Permit would not be obnoxious or
harmful, or impair the utility of neighboring property or
uses in that the use has been evaluated with respect to
neighboring property and is consistent with surrounding land
uses and freeway oriented development, and has been
conditioned to limit the customer test routes of the
motorcycles to the industrial area and the freeway.
Conditions have also been added to restrict all repair to
inside of the building and any testing of engines and the
bikes to the same route as the customer test drive route.
D. The Conditional Use Permit would not be detrimental to the
public interest, health, safety, convenience, or welfare in
that conditions of approval have been added to take care of
any detrimental effects.
E. The conditionally permitted use is compatible with existing
and planned land uses in the general area where the
development is to be located in that this use is similar in
nature to permitted and conditionally permitted uses within
the M -1 Zone and is in an area which is substantially
developed.
F. The Proposal is compatible with the scale, visual character
and design of the surrounding properties, designed so as to
enhance the physical and visual quality of the community,
and the structure has design features which provide visual
relief and separation between land uses of conflicting
character in that this is an existing building that has been
developed consistent with the surrounding architecture of
the area.
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Resolution No. 2003 -
Page 3
SECTION 2. CITY COUNCIL APPROVAL: The City Council approves
Conditional Use Permit No. 2002 -06 subject to the special and
standard conditions of approval in Exhibit A (Special and
Standard Conditions of Approval), attached hereto and
incorporated herein by reference.
SECTION 3. CERTIFICATION OF ADOPTION: The City Clerk shall
certify to the adoption of this resolution and shall cause a
certified resolution to be filed in the book of original
resolutions.
PASSED AND ADOPTED this 15th day of January 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Special and Standard Conditions of Approval
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Resolution No. 2003 -
Page 4
EXHIBIT A
SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 2002 -06
PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
1. The development shall be in substantial conformance with the
plans presented in conjunction with the application for
Conditional Use Permit No. 2002 -06, except any modifications
as may be required to meet specific Building Code and Zoning
Code standards or other conditions stipulated herein.
2. There shall be no change to the floor plan that increases
the amount of required parking consistent with this
approval.
3. All exterior areas of the site, including landscaping and
parking areas shall be maintained free of litter and debris
at all times.
4. A comprehensive sign program shall be submitted for review
and approval by the Community Development Director prior to
the erection of any signs. Any signs shall be approved by
the Community Development Director under separate permit
5. The hours and days of the repair operation shall be
restricted to 9:30 a.m. to 6:30 p.m., Tuesday through
Saturday.
6. The hours of the retail operation shall be restricted to
9:30 a.m. to 6:30 p.m., daily.
7. Any special events shall require prior approval of a
Temporary Use Permit.
8. The applicant shall submit a test drive route satisfactory
to the Community Development Director for approval prior to
the issuance of an certificate of occupancy.
9. All road tests shall follow the same route as determined for
test drives.
10. No outdoor repair shall be allowed.
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Resolution No. 2003 -
Page 5
STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 2002 -06
PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
GENERAL REQUIREMENTS
1. The Permittee's acceptance of this permit and /or
commencement of construction and /or operations under this
permit shall be deemed to be acceptance of all conditions of
this permit.
2. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
Permittee shall be required to remedy any defects in ground
or building maintenance, as indicated by the City within
five (5) business days after notification.
3. This permit is granted for the land and project as
identified on the entitlement application form and as shown
on the approved plans on file in the Community Development
Department office. The location of all site improvements
shall be as shown on the approved plans except or unless
otherwise indicated herein in the following conditions. All
proposed uses of these buildings shall require the issuance
of a Zoning Clearance from the Community Development
Department. The Department may determine that certain uses
will require other types of entitlements or environmental
assessment.
4. This development is subject to all applicable regulations of
the Moorpark Municipal Code including applicable zoning
regulations, and all requirements and enactments of Federal,
State, Ventura County, City authorities, and any other
governmental entities, and all such requirements and
enactments shall, by reference, become conditions of this
permit.
5. In the event that the uses for which the Industrial Planned
Development Permit as approved is determined to be
abandoned, the City of Moorpark may, at its discretion,
initiate revocation procedures for cause per the provisions
of Section 17.44.080. For purposes of this condition,
"abandoned" shall mean a cessation of a business or
businesses which would render the business unavailable to
the public for a period of 180 or more consecutive days.
Initiation of revocation procedures may result in the
revocation of the permit or modification of the permit based
upon the evidence presented at the hearing.
00'1
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Resolution No. 2003 -
Page 6
6. 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.
7. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate the
remaining conditions or limitations set forth.
8. The Permittee agrees as a condition of issuance and use of
this permit to defend, at his /her sole expense, any action
brought against the City because of issuance (or renewal) of
this permit. Permittee will reimburse the City for any court
costs and /or attorney's fees which the City may be required
by the court to pay as a result of any such action or in the
alternative to relinquish this permit. The City may, at its
sole discretion, participate in the defense of any such
action, but such participation shall not relieve Permittee
of his /her obligation under this condition.
9. In order to determine if the proposed use (s) are compatible
with the zoning and terms and conditions of the permit prior
to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for and receive a Zoning
Clearance from the Community Development Department.
10. Prior to commencement of any use approved under this permit
the issuance of a Certificate of Occupancy by the Building
and Safety Department shall be required. A Certificate of
Occupancy shall not be issued until all on -site improvements
specified in this permit have been completed or the
Permittee has provided a faithful performance surety. At the
discretion of the Community Development Director and upon
the posting of surety by the Permittee, said on -site
improvements shall be completed within 120 days of issuance
of the Certificate of Occupancy. Upon completion of the
required improvements to the satisfaction of the Community
Development Director, the surety may be exonerated. In case
of failure to comply with any term or provision of this
agreement, the Community Development Director shall declare
the surety forfeited.
11. Prior to occupancy, those proposed uses, which require
review and approval for compliance with all applicable State
and local regulations related to storage, handling, and
disposal of potentially hazardous materials, shall obtain
the necessary permits from Ventura County Environmental
Health Division and provide proof of said permits to the
Community Development Department. If required by the County
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Resolution No. 2003 -
Page 7
Environmental Health Division, the Permittee shall prepare a
hazardous waste minimization plan.
12. No later than ten (10) days after any change of property
ownership or change of lessee(s) or operator(s) of the
subject building, the current or new owner shall file the
name(s) and address(es) of the new owner(s), lessee(s) or
operator(s) with the Community Development Department. The
change of ownership letter shall include an acknowledgement
that the new owner agrees with all conditions of this
permit.
13. If in the future, any use or uses are contemplated on the
site differing from that specified in the Zoning Clearance
approved for the occupancy, either the Permittee, owner, or
each prospective tenant shall file a project description
prior to the initiation of the use. A review by the
Community Development Director will be conducted to
determine if the proposed use is compatible with the
surrounding area and the terms and conditions of this
permit, and if a Minor or Major Modification to the Planned
Development Permit is required. A new Zoning Clearance shall
be required. All applicable fees and procedures shall apply
for said review.
14. Prior to the issuance of a building permit the contractor
shall provide proof to the Building Division that all
contractors doing work in Moorpark have a valid Business
Registration Permit. Prior to the issuance of a Zoning
Clearance for tenant occupancy, the prospective tenant shall
obtain a Business Registration Permit from the City of
Moorpark.
0 0 G 01
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