HomeMy WebLinkAboutRES PC 2019 643 2019 0827 RESOLUTION NO. PC-2019-643
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
MODIFICATION NO. 1 TO 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 June 24, 2019, Roger Egge, on behalf of Malloy Family Partners,
LP, submitted an application for Modification No 1. to Conditional Use Permit (CUP) No.
2018-03 requesting to modify several conditions of approval related to storage, vehicle
repair, and hours of operation related to an approval of 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 August 27, 2019 for Modification
No. 1 to 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 Modification
No. 1 to CUP No. 2018-03 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 use and modification 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-2019-643
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 Modification No. 1 to 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-2019-643
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 27th day of August, 2019.
L.
De,Z2:1
, Aquino
Chair
, C05--a0
Karen Vaughn, AICP
Community Development Director
Exhibit A— Special and Standard Conditions of Approval
Resolution No. PC-2019-643
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR MODIFICATION NO. 1 TO 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:
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-2019-643
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-2019-643
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. Equipment along the south, west and east property line may be stored up to the
property line, but shall not be stored higher than the 8 foot high block wall. No
equipment shall be stored closer than 15 feet of the north property line. Final
storage locations shall be subject to the review and approval of the Ventura
County Fire Department."
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 the Vehicles and equipment on site is limited to the
hours between 7:00 a.m. and 6:00 p.m. Monday through Saturday.
18. Hours of operation shall be no earlier than 6:30 a.m. and no later than 8:00 p.m.,
Monday through Saturday. Deliveries shall start no earlier than 4:30 a.m. No
loading activities shall occur before 7:00 a.m.
19. There shall be no major repair of vehicles or trucks on site.
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
Resolution No. PC-2019-643
Page 7
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.
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.
Resolution No. PC-2019-643
Page 8
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-