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HomeMy WebLinkAboutRES CC 2003 2046 2003 0115RESOLUTION NO. 2003 -2046 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; and 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; and 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 Municipal Code in that it furthers Goal 7 and Goal 8 of the Resolution No. 2003 -2046 Page 2 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 repairs to the 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. SECTION 2. CITY COUNCIL APPROVAL: The City Council approves Conditional Use Permit No. 2002 -06 subject to the special and Resolution No. 2003 -2046 Page 3 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 15tr' day of nuary, 2003. atrick Hu er, Ma5 ATTEST: --J �� I pOPPK C4C �O Deborah S. Traffens t, City Clerk o 9? p' t4 09 0A gOg4TFU , Jy i. Exhibit A: Special and Standard Conditions of Approval Resolution No. 2003 -2046 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 8:00 a.m. to 7:00 p.m., Tuesday through Saturday. The hours may be modified by the Community Development Director upon a written request and may be subsequently modified by the Community Development Director upon written notice to the permittee. 6. The hours of the retail operation shall be restricted to 9:00 a.m. to 7:00 p.m., daily. The hours may be modified by the Community Development Director upon a written request and may be subsequently modified by the Community Development Director upon written notice to the permittee. 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 a certificate of occupancy. The test drive route may be modified by the Community Development Director upon a written request and may be subsequently modified by the Community Development Director upon written notice to the permittee. Resolution No. 2003 -2046 Page 5 9. All road tests shall follow the same route as determined for test drives. 10. No outdoor repair shall be allowed. Resolution No. 2003 -2046 Page 6 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. Resolution No. 2003 -2046 Page 7 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 Resolution No. 2003 -2046 Page 8 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. 15. The development shall comply with the requirements of the Ventura County NPDES permit CAS 004002. Resolution No. 2003 -2046 Page 9 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) 60 I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2003 -2046 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 15th day of January, 2003, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 7th day of February, 2003. Deborah S. Traffensted , City Clerk (seal)