HomeMy WebLinkAboutRES CC 1985 250 1985 1104RESOLUTION NO. 85- 250 CA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP -4503, ON APPLICATION OF MICHAEL A. WEDEMEYER. WHEREAS, at duly noticed public hearings on September 26, 1985 and October 10, 1985, the Planning Commission of the City of Moorpark considered the application of Michael A. Wedemeyer for a Conditional Use Permit to operate an auto body repair facility in a 5,500 square foot suite of an industrial building, located on Goldman Avenue, 300 feet north of Los Angeles Avenue, at 5090 Goldman Avenue (Assessor's Parcel No. 511 - 151 -08); and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and adopted its Resolution No. PC- 85 -61, recommending that the City Council find that the proposed project will not have a significant effect on the environment, that the information, contained in the Mitigated Negative Declaration has been reviewed and considered, and that the Planning Commission recommends approval of the Mitigated Negative Declaration as having been completed in compliance with State CEQA Guidelines issued thereunder, and further, that Conditional Use Permit No. CUP -4503 be approved, subject to certain conditions; and C WHEREAS, on October 21, 1985, the City Council held a duly noticed public hearing regarding said application and the recommendations of the Planning Commission; and WHEREAS, there was public testimony given at said hearing by the applicant, in support of the project; and WHEREAS, the City Council is now fully informed in the matter, has given careful consideration thereto, has determined that the project will not have a significant effect on the environment, that the information contained in the Mitigated Negative Declaration has been reviewed and considered, and that tthe Mitigated Negative Declaration has been approved as having been completed in compliance with State CEQA Guidelines issued thereunder; and has reached its decision in the matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council adopts the findings contained in the staff report dated September 26, 1985, which report is incorporated herein by reference as though fully set forth herein. - SECTION 2. The City Council hereby approves Conditional Use Permit No. CUP -4503. subject to c=pliance with all of the conditions set forth -1- 1 r in EXHIBIT A attached hereto and made a part hereof, and does hereby find, determine and resolve that violation of any such conditions shall be grounds for revocation of said permit. SECTION 3. That the City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 4th day of November, 1985,. ATTEST: 0102' WAROWWRIAM City Clerk Mayor of the Mty of oorpark, Califoria -2- CONDITIONS FOE2: �:ONDITIONAL USE PERMIT NO. CUP -4503 APPLICANT: Page 1 of 3 pages PLANNING DIVISION CONDITIONS: Michael A.Wedemeyer 1, That the permit is granted for the land and project on the plot plan(s) and elevations labeled Exhibits " " and " " except or unless indicated otherwise herein. That the location and design of all site improvements shall be as shown on the approved plot plans and elevations. 1 2. That the development is subject to all applicable regulations of the "M -1 "( Industrial ) zone and all agencies of the State of California, County of Ventura, City of Moorpark and any other governmental entities. 3. That unless the use is inaugurated not later than one (1) 1 year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development ~1 may; at his discretion, grant one (1) additional year extension f for use inauguration if there have been no changes in the adjacent areas and if permittee has diligently worked toward inauguration of use during the initial one year period. 4. That any minor changes may be approved by the Director of Community Development upon the filing of a Minor Modification applicantion, but any Major Modification is to be considered by the City Planning Commission. 5, That prior to the occupancy or change of occupancy of this ! building by any tenant, either the owner or prospective tenant shall file a modification application for this permit. The purpose of the modification shall determine if the proposed use is compatible with the existing zoning and terms and conditions compatible with the existing zoning and terms and conditions of this permit. Also that staff shall review proposed occupancy to determine if the request wi'l he a Minor or Major Modification. 6. That the design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable require- ments and enactments of Federal, State, County, and City Authorities, and all such requirements and enactments shall, by reference - _become conditions of this permit. 7,- That 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 moi-e than one :set of rules apply, the stricter ones shall take precedence. CONDITIONS FOR: Conditional Use Permit No. CUP -4503 APPLICANT: Michael A. Wedemeyer Page 2 of 3 pages PLANNING DIVISION CONDITIONS: 8. That if any of the conditions or limitations of this development plan are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. That prior to construction, a Zone Clearance shall be obtained from the Planning Division and building permit shall be obtained from the Building and Safety Division. 10. That the permit shall be subject to review by the Director of Community Development at the end of three (3) years. At such time the Director will determine if the applicant is in compliance and recommend to your Commission extension or denial of this permit. 11. All operations permitted by this Conditional Use Permit shall be conducted within the building. Outside storage of materials is prohibited. Parking of vehicles in designated spaces at the rear of the building is permitted only during hours of operation. 1 ENVIRONMENTAL HEALTH CONDITIONS: 12. That the permittee agree to reduce a eliminate the volume of hazardous waste generated by participating in one or more of the following: a. alter processes to eliminate or reduce the amount of hazardous waste generated b. develop a waste exchange program C. recycle waste d. construct or install on -site hazardous waste treatment facilities 13. That the permittee install and maintain proper secondary containment, such as bermed, curbed enclosures for storage of both hazardous materials and waste. 14. That the permittee comply with all hazardous waste generator laws for storage, handling, transportation and disposal mandated by the Ventura County Environmental Health Division as well as State and Federal agencies. ' CONDITIONS FOR: APPLICANT: Page 3 of 3 pages FIRE DEPARTMENT CONDITIONS: Condition Use Permit No. CUP -4503 Michael A.Wedemeyer 15. That a Uniform Fire Code Permit is required for a paint spray booth. 16. 17. I" _1 That the paint spray booth shall be fire sprinkled. That the applicant shall comply with Article #45 of the Uniform Fire Code. (Applicantion of flammable finishes.) That the applicant shall comply with Article #79 of the Uniform Fire Code. (Storage and handling of flammable or combustible liquids.) STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 85 -250 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 4th day of November , lg 85 and that the same was adopted by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 4th day of November , lg 85 City Clerk U