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HomeMy WebLinkAboutRES PC 2021 658 2021 0727RESOLUTION NO. PC -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: Resolution No. PC -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: Commissioners Alva, Barrett, Brodsly, Rokos, and Chair Landis. NOES: None ABSENT: None ABSTAIN: None Resolution No. PC -2021-658 Page 3 PASSED, AND ADOPTED this 27th day of July, 2021. <';E �- Douglas Spondello, AICP Interim Community Development Director Kipp `andis Chdir Exhibit A: Standard and Special Conditions of Approval for Conditional Use Permit No. 2021-02 Resolution No. PC -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. PC -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. Resolution No. PC -2021-658 Page 6 PLANNING DIVISION STANDARD CONDITIONS 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, Resolution No. PC -2021-658 Page 7 the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.170). 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 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 Resolution No. PC -2021-658 Page 8 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. 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. 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 remove barbed wire from the southern chain link fence. A single one-year extension can be granted by the Community Development Director if requested in writing by the Resolution No. PC -2021-658 Page 9 Applicant no less than 30 days prior to the expiration of this permit as referenced in Condition 11. 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. 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.