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HomeMy WebLinkAboutAGENDA REPORT 2021 0727 PC ITEM 08ACITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of July 27, 2021 ACTION: Approved Staff Recommendation. BY: K. Valencia Item: 8.A. A. Consider a Resolution Approving Conditional Use Permit No. 2021-02, to Allow the Continued Operation of an Existing Recreational Vehicle Dealership (Tom Lindstrom RV, Inc) at 500 Los Angeles Avenue and Making a Determination of Exemption Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith, on the Application of John Newton. Item: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Philip Neumann, Planning Technician DATE: 07/27/21 Regular Meeting SUBJECT: Consider a Resolution Approving Conditional Use Permit No. 2021-02, to Allow the Continued Operation of an Existing Recreational Vehicle Dealership (Tom Lindstrom RV, Inc) at 500 Los Angeles Avenue and Making a Determination of Exemption Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith, on the Application of John Newton STAFF RECOMMENDATION Open the public hearing, accept public testimony, and close the public hearing; and 2. Adopt Resolution No. 2021-658 approving Conditional Use Permit No. 2021-02. PROJECT DESCRIPTION On March 25, 2021, John Newton, on behalf of Tom Lindstrom RV, Inc., submitted an application for a Conditional Use Permit (CUP) to allow continued operation of an existing recreational vehicle (RV) dealership at 500 Los Angeles Avenue (Attachments 1 and 2). As proposed, the RV dealership could accommodate up to 40 RVs at any time (Attachment 3). The operation of the dealership is proposed to include related light repair, maintenance, and washing of RVs as a secondary use. The Project is located within the Commercial Planned Development (CPD) zoning district. The Project is subject to applicable provisions of the City's Zoning Ordinance. Pursuant to Section 17.20.060.A.3.f of the MMC, a CUP is required to allow the sales of automobiles, light trucks, and motorcycles, with or without service and parts in the CPD zone. The sale of RVs has been considered similar to the sale of automobiles, light trucks, and motorcycles. Honorable Planning Commission CUP No. 2021-02 07/27/2021 Regular Meeting Page 2 BACKGROUND Prior to 2009, the 1.98 -acre Project site was owned by CalTrans. The lot was used for storing and maintenance of CalTrans vehicles. On April 16, 2009, the City of Moorpark's Redevelopment Agency acquired the subject property from CalTrans for economic development purposes. In 2011, the City of Moorpark leased the site to Tom Lindstrom RV, Inc., for the purpose of operating a used RV dealership. On September 8, 2011, CUP No. 2011-04 was approved to operate an outdoor RV dealership on the subject property. However, due to the dissolution of the Redevelopment Agency and negotiations regarding the property, CUP No. 2011-04 expired. Since 2012, operation of the RV dealership has been permitted on a temporary basis with Temporary Use Permits (TUP) and later with Administrative Permits (AP) to address the operator's temporary rental of the site. The permit history for the use is outlined below: Year Entitlement 2011 CUP No. 2011-04 2012 TUP No. 2012-02 2012 PA 1 to CUP No. 2011-04 2013 TUP No. 2013-26 2014 AP No. 2014-03 2015 AP No. 2015-04 2016 AP No. 2016-02 2019 AP No. 2019-09 On December 22, 2020, the Successor Agency to the Redevelopment Agency of the City of Moorpark entered into an exclusive negotiating agreement with Thomas H. Lindstrom and Sarah K. Lindstrom, Revocable Trust to negotiate the terms of sale of the Project site to the Lindstrom's. The negotiation of the sale is currently pending. Honorable Planning Commission CUP No. 2021-02 07/27/2021 Regular Meeting Page 3 EXISTING AND SURROUNDING LAND USES The following table summarizes the General Plan, zoning, and existing land uses on the subject property and within the vicinity. Surrounding Land Uses Direction General Plan Zoning / Specific PlanLand Land Use Use Designation General Commercial Commercial Planned Project Site (C-2) Development (CPD) RV Dealership General Commercial Commercial Planned Mission Bell North (C-2) Development (CPD) Plaza Shopping Center South High Density Residential Planned Single -Family Residential (H) Development (RPD -7U) Residential General Commercial Commercial Planned VillageShopping Retail East (C-2) Development (CPD) pp g Center Single -Family Residence, West General Commercial Commercial Planned Fast Food (C-2) Development (CPD) Restaurant and Commercial Office Building PROJECT ANALYSIS General Discussion: No changes are proposed to the operation of the existing RV dealership currently located on the subject property (Attachment 4). The dealership sells new and previously owned RVs. The facility proposes to maintain the existing sales trailer, office trailer, auto shade structure, four storage containers, repair shop, fencing, and portable restroom on the site. In addition, the Project proposes to install five striped customer parking spaces, accessible ramps and an accessible portable restroom. The dealership can accommodate up to 40 RVs. The actual number and type of RVs on the lot fluctuates depending on the inventory available. RV sales have increased dramatically during 2020 and inventory has been challenging to secure. The applicant proposes to continue light repairs and maintenance of the RVs on the site, which typically consists of minor warranty maintenance, such as repairs to awnings, seatbelts, and door latches. The applicant also contracts with a mobile detailer to wash of the RVs stored on the site from time to time. Honorable Planning Commission CUP No. 2021-02 07/27/2021 Regular Meeting Page 4 The RV dealership would operate approximately from 9:00 AM until 5:00 PM, Tuesday through Saturday. The dealership would employ no more than five individuals at any given time, with no more than four on site per day. The majority of the customers arrive on-site with appointments, typically resulting in one to two appointments per day. The Project does not include outdoor storage. General Plan, Specific Plan, and Zoning Consistency: The General Plan land use designation of the Project site is General Commercial (C-2). The C-2 land use designation is intended to support the following uses: community shopping centers, department stores, furniture and appliance stores, restaurants, automotive uses, office and professional services, and business support services. The zoning designation for the Project site is Commercial Planned Development (CPD), which is consistent with the General Plan designation. As a result, the subject RV dealership is compatible with the General Plan and zoning designation of the subject property. The proposed RV dealership would allow the City to retain a unique sales opportunity that benefits both local residents and regional needs. The Project is compatible with nearby commercial uses and is located along Los Angeles Avenue, a major throughfare. The Project site is also buffered from the single-family neighborhood to the south by Unidos Avenue, a local road. This Project is consistent with the Goals and Policies of the General Plan: LAND USE ELEMENT: • Goal 1: Attain a balanced City growth pattern which includes a full mix of land uses. • Goals 7: Provide for a variety of commercial facilities which serve community residents and meet regional needs. o Policy 7.2: Commercial uses should be located along major roadways in order to consolidate centers and provide pedestrian links to adjacent residential areas. • Goal 8: Provide for new commercial development which is compatible with surrounding land uses. Policy 8.1: New commercial uses shall be compatible in scale and character with all adjacent commercial uses. o Policy 8.3: Automobile and truck access to commercial properties shall be located so as to minimize impacts to adjacent uses. • GOAL 13: Achieve a well-balanced and diversified economy within the City which provides a variety of economic and employment opportunities. o Policy 13.4: The City shall work with the business community in a cooperative manner to encourage desired businesses to locate and to Honorable Planning Commission CUP No. 2021-02 07/27/2021 Regular Meeting Page 5 remain in the City. Policy 13.5: The City shall work with the business and development community to encourage an increase in sales tax capture. ('.irriilafinn- Existing access to the site is provided by a driveway on Los Angeles Avenue with a secondary access driveway via Unidos Avenue. An existing sidewalk along Los Angeles Avenue provides pedestrian access to the Project site. Employees and customers may enter either off Los Angeles Avenue or Unidos Avenue and may exit either way as well. Test drives for RVs exit onto Unidos Avenue and may re-enter through either entrance, returning to their original parking spaces. Trash service enters and exits off Los Angeles Avenue. Parking: The zoning code does not establish a specific off-street parking requirement for this use. In such cases, MMC Section 17.32.020.0.7 allows the off-street parking required to be determined by the Community Development Director. Due to the unique nature of the RV dealership, the large area available to maintain displayed RVs, and typical employee and customer counts, the Interim Community Development Director has determined that the existing five striped parking spaces are adequate to continue to serve the use. The outdoor parking areas would be reserved for employee and customer parking during hours of operation. Landscaping: The Project proposes to continue the operation of an existing RV dealership, no development is proposed with this request. The existing landscape plan has been reviewed to ensure consistency with site entrance and exit visibility as required by MMC Section 17.32.050(A)(2). A proposed condition of approval requires the removal of barbed wire from the southern chain link fence, which is prohibited in this zone. A condition also requires the Applicant to either remove the storage containers from the property or construct a masonry wall to screen view of the storage containers from the adjacent public right(s) of way, as required by the Municipal Code (Attachment 5). Grading and Drainage: The Project proposes to continue the operation of an existing RV dealership, no grading is proposed with this request. The existing lot is paved, and if chosen, it would only be resurfaced and would generate no new impervious surfaces, therefore no new storm drainage or National Pollutant Discharge Elimination System (NPDES) permits are required. Conditional Use Permit Findings: 1. The proposed use is consistent with the provisions of the General Plan, Zoning Ordinance, and all applicable regulations in that an RV dealership is a conditionally permitted use. This Project is consistent with the General Plan Land Use Element Goal 1 of the Land Use Element to "attain a balanced City growth pattern which Honorable Planning Commission CUP No. 2021-02 07/27/2021 Regular Meeting Page 6 includes a full mix of land uses." The proposed use is consistent with General Plan Land Use Element Goal No. 7 to "provide for a variety of commercial facilities which serve community residents and meet regional needs" and Goal No. 8 to "provide for new commercial development which is compatible with surrounding land uses". The proposed use is also consistent with General Plan Land Use Element Goal No. 13 to "achieve a well-balanced and diversified economy within the City which provides a variety of economic and employment opportunities". 2. The proposed use, as conditioned, is compatible with existing and permitted land uses in the surrounding area in that the RV dealership is consistent with existing commercial uses within the Los Angeles Avenue corridor. 3. The proposed use, as conditioned, is compatible with the scale, visual character, and design of surrounding properties in that the existing RV dealership use would result in minimal changes to the exterior and interior of the lot, all of which would be a result of the conditions of approval. 4. The proposed use, as conditioned, would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that the Project proposes the continued operation of an existing RV dealership. 5. The proposed use, as conditioned, would not be detrimental to the public health, safety, convenience, or welfare in that the existing RV dealership conducts sales on site in a commercial zone and must operate any test drives according to California driving laws. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this Project: Date Application Filed: March 25, 2021 Date Application Determined Complete: July 12, 2021 Planning Commission Action Deadline: September 9, 2021 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director or designee 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 Honorable Planning Commission CUP No. 2021-02 07/27/2021 Regular Meeting Page 7 necessary where it can be determined that there would be no possibility of a 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 Interim Director has reviewed this Project and found it to be Categorically Exempt in accordance with Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines because the proposed use involves permitting the continued operation of an existing RV dealership with limited site improvements which include new striped parking stalls, the removal of existing barbed wire, and a potential masonry wall. Therefore, Staff has determined that there is no substantial evidence that the Project would have a significant effect on the environment. NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: Publication. The notice of the public hearing was published in the Ventura County Star on July 18, 2021. 2. Mailing. The notice of the public hearing was mailed on July 15, 2021, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one -thousand (1,000) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing. 3. Sign. One 32 square -foot sign was placed on the street frontage on July 16, 2021. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Applicant Narrative 4. Site Plan 5. Draft Resolution with Conditions of Approval Y) CF) C\j CD CV CD C\l CU 70 0 C) ID > E C',4 C) CN C:) C\j 6 z n D 0 70 c 0 A m N 04 Prosect Narrative — Lindstrom RV Sales Lot PROJECT DESCRIPTION Continued operation of an existing Recreation Vehicle Sales business, including new vehicle preparation for sale. Minor warrantee maintenance to the RV portion of the units, as needed. No maintenance is performed on the chassis (drive train, brakes, steering, or oil & transmission fluid service) at this site. There can be a maximum of 40 RV units on site, but this is a rare occurrence. Over the last nine years of operation the typical volume of RV's for sale on site has ranged between 25-30 units at any one time. The operation involves 5 employees (sales staff, RV prep & maintenance, site maintenance & RV unit location, clerical staff and owner -manager). My new RV units arrive clean. We normally utilize what's called a dry wash, we spray on a solution and wipe off. The hours of operation are 9-5 Tuesday through Saturday and customers average 1-2 per day, primarily by appointment only. PC Attachment 3 #3a ymYDd i ; � ` 11H \ ) a ...w. . .. ) , \ � # � � | . § � . § . ; { .. » . , « � | Utl - . 2- �.. RESOLUTION NO. 2021-658 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-02, TO ALLOW THE CONTINUED OPERATION OF AN EXISTING RECREATIONAL VEHICLE DEALERSHIP (TOM LINDSTROM RV, INC) AT 500 LOS ANGELES AVENUE AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH, ON THE APPLICATION OF JOHN NEWTON. WHEREAS, on March 25, 2021, an application was filed for a Conditional Use Permit (CUP) No. 2021-02 by John Newton, on behalf of Tom Lindstrom RV, Inc., to allow the continued operation of an existing recreational vehicle dealership (Tom Lindstrom RV, Inc) at 500 Los Angeles Avenue; and WHEREAS, at a duly noticed public hearing on July 27, 2021, 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; and WHEREAS, the Community Development Department has determined that CUP No. 2021-02 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 involves the continued operation of an existing RV sales lot, with limited site improvements which include new striped parking stalls, the removal of existing barbed wire, and a potential masonry wall. Therefore, 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 requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The proposed use involves the continued operation of an existing RV sales lot, with limited site improvements which include new striped parking stalls, removal of existing barbed wire, and a potential masonry wall. Therefore, no further environmental documentation is needed. 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: PC Attachment 5 Resolution No. 2021-658 Page 2 A. The proposed use is consistent with the provisions of the General Plan, Zoning Ordinance, and all applicable regulations in that an RV dealership is a conditionally permitted use. This Project is consistent with the General Plan Land Use Element Goal 1 of the Land Use Element to "attain a balanced City growth pattern which includes a full mix of land uses." The proposed use is consistent with General Plan Land Use Element Goal No. 7 to "provide for a variety of commercial facilities which serve community residents and meet regional needs" and Goal No. 8 to "provide for new commercial development which is compatible with surrounding land uses". The proposed use is also consistent with General Plan Land Use Element Goal No. 13 to "achieve a well-balanced and diversified economy within the City which provides a variety of economic and employment opportunities". B. The proposed use, as conditioned, is compatible with existing and permitted land uses in the surrounding area in that the RV dealership lot is consistent with existing commercial uses within the Los Angeles Avenue corridor. C. The proposed use, as conditioned, is compatible with the scale, visual character, and design of surrounding properties in that the existing RV dealership use would result in minimal changes to the exterior and interior of the lot, all of which would be a result of the conditions of approval. D. The proposed use, as conditioned, would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that the Project proposes the continued operation of an existing RV dealership. E. The proposed use, as conditioned, would not be detrimental to the public health, safety, convenience, or welfare in that the existing RV dealership conducts sales on site in a commercial zone and must operate any test drives according to California driving laws. SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission herby approves Conditional Use Permit No. 2021-02 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 4. FILING OF RESOLUTION: The Community Development Director shall certify to the adoption of this resolution and 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: NOES: ABSENT: ABSTAIN: Resolution No. 2021-658 Page 3 PASSED, AND ADOPTED this 27th day of July, 2021. Kipp Landis Chair Douglas Spondello, AICP Interim Community Development Director Exhibit A: Standard and Special Conditions of Approval for Conditional Use Permit No. 2021-02 Resolution No. 2021-658 Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2021-02 STANDARD CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMITS The applicant shall comply with Standard Conditions of Approval as adopted by City Council Resolution No. 2009-2799. The standard conditions identified below are those conditions that are applicable to the Project. STANDARD CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMITS 218. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. 220. The Conditions of Approval of this entitlement and all provisions of the City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said plans or application. 221. 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. 223. 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 this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable. 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: iii. The City bears its own attorney fees and costs; Resolution No. 2021-658 Page 5 iv. The City defends the claim, action or proceeding in good faith. d. 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 issued pursuant to the permit or the use is inaugurated. 224. If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth. 225. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. FEES 226. Entitlement Processing: Prior to the approval of any Zoning Clearance for this entitlement, the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment shall be made within sixty (60) calendar days after the approval of this entitlement. 227. Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. 228. Electronic Conversion: In accordance with City policy, the applicant shall submit to the Community Development Department, City Engineer and Public Works Director and the Building and Safety Division the City's electronic image conversion fee for entitlement/condition compliance documents; Final Map/ engineering improvement plans/permit documents; and building plans/permit documents, respectively. 230. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall pay to the Community Development Department citywide Storm Drain Discharge Maintenance Fee. The fee shall be paid in accordance with City Council adopted Storm Drain Discharge Maintenance Fee requirements in effect at the time of building permit application. PLANNING DIVISION STANDARD CONDITIONS Resolution No. 2021-658 Page 6 232. Parking areas must be maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping must be maintained so that it remains clearly visible during the life of the development. 233. Prior to any re -striping of the parking area, a Zoning Clearance is required. All disabled parking spaces and paths of travel must be re -striped and maintained in their original approved locations unless new locations are approved by the Community Development Director. 234. Loading and unloading operations are allowed only between the hours of 6:00 a.m. and 10:00 p.m. unless additional hours are approved by the City Council. More restrictive hours for loading and unloading may be imposed by the Community Development Director if there are noise and other issues that make the loading and unloading incompatible with the adjacent residential uses. There shall be no idling of trucks while loading or unloading. 236. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he/she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Permit Modification to the entitlement. 238. The continued maintenance of the subject site and facilities is subject to periodic inspection by the City. The Applicant and his/her successors, heirs, and assigns shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) working days from written notification. 239. No noxious odors may be generated from any use on the subject site. 240. The applicant and his/her successors, heirs, and assigns shall remove any graffiti within seventy-two (72) hours from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 241. Should continued compliance with these Conditions of Approval not be met the Community Development Director may modify the conditions in accordance with Municipal Code Section 17.44.100 and sections amendatory or supplementary thereto, declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be 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 (Municipal Code Section 1.12.170). Resolution No. 2021-658 Page 7 243. Prior to issuance of Zoning Clearance for the first building permit, the applicant shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste Management staff and the Community Development Director for review and approval. The Plan must include a designated building manager, who is responsible for initiating on-site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 247. All landscaping must be maintained in a healthy and thriving condition, free of weeds, litter and debris. VENTURA COUNTY FIRE PROTECTION DISTRICT STANDARD CONDITIONS: 52. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater may not be stored or placed within five feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 53. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1 and R-2 Occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval. 54. Prior to installation of any fire protection system, including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one -hundred or more heads must be supervised by a fire alarm system in accordance with Fire District requirements. 55. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. The fire alarm system must be installed in all buildings in accordance with California Building and Fire Code. 57. Prior to the issuance of a building permit, the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction." SPECIAL CONDITIONS OF APPROVAL PLANNING DIVISION SPECIAL CONDITIONS 1. This Conditional Use Permit 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 Resolution No. 2021-658 Page 8 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. 2. 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. 3. During any activity that may require the need for additional security, security personnel must be provided to monitor the parking area(s) designated for use by customers of the facility. The applicant shall work with the Police Department and Community Development Department staff to determine which activities shall require additional security. 4. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN PUBLIC PLACES at all times and shall provide signs consistent with Section 8.32.040 of the Moorpark Municipal Code to the satisfaction of the Community Development Director, prior to initiation of the uses allowed by this permit. Any smoking area, if desired, shall comply with Section 8.32.030 of the Moorpark Municipal Code. 5. Trash, recycling and potential food waste services must be provided by the City's franchised waste hauler, Waste Management. Services may be set up by calling (805) 522-9400. Use of any other third -party waste hauler is prohibited. 6. The proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the facility, including 15% overhead on any such services. 7. 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. 8. Applicant shall remove barbed wire from southern chain link fence within 30 days of approval of conditional use permit. 9. On-site repair and maintenance of recreational vehicles shall be limited to warranty maintenance, as described in the staff report. Oil/transmission changes, engine repair and other commercial auto service is not permitted. Resolution No. 2021-658 Page 9 10. Detailing of recreational vehicles on-site shall be limited to dry wash or washes that include water capture and recovery to prevent the discharge of industrial wastewater into the storm drain. If service is provided by a third party, they must obtain a business registration and mobile detailing permit from the City. 11. This Conditional Use Permit shall expire six months from the date of issuance unless a Purchase and Sale Agreement has been approved to transfer the ownership of the subject property to the Applicant. A single one-year extension can be granted by the Community Development Director if requested in writing by the Applicant no less than 30 days prior to the expiration of this permit. 12. Within 30 days of this approval, Applicant shall install a "no left turn" sign on the backside of the fence at the egress driveway at Los Angeles Avenue and a striped right turn arrow at the site egress onto Los Angeles Avenue subject to the satisfaction of the Community Development Director. 13. Within six months of the approval of a Purchase and Sale Agreement to transfer the ownership of the subject property to the Applicant, Applicant shall construct a masonry wall to screen view of the storage containers from the adjacent public right(s) of way, subject to the approval of the Community Development Director. A single one-year extension can be granted by the Community Development Director if requested in writing by the Applicant no less than 30 days prior to the expiration of this permit as referenced in Condition 11. Alternatively, Applicant shall remove the storage containers from the property.