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HomeMy WebLinkAboutRES PC 2007 519 2007 0724RESOLUTION NO. PC- 2007 -519 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007 -09, TO SERVICE MOTORCYCLES AND SELL MOTORCYCLE PARTS AND APPAREL IN AN EXISTING 2,300 SQUARE -FOOT BUILDING SPACE, LOCATED AT 555 SPRING ROAD, UNIT B, ON THE APPLICATION OF JOE RIGHETTI. WHEREAS, at a duly noticed public hearing on July 24, 2007, the Planning Commission considered Conditional Use Permit No. 2007 -09, a request to service motorcycles and sell motorcycle parts and apparel in an existing 2,300 square -foot building space, located at 555 Spring Road, Unit B, on the application of Joe Righetti. WHEREAS, at its meeting of July 24, 2007, 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 Planning Commission concurs with the Planning Director's determination that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines as a Class 1 exemption for Existing Facilities, and no further environmental documentation is required. NOW, THEREFORE, THE PLANNING COMMISSION 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 Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 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 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. Resolution No. PC- 2007 -519 Page 2 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 has been conditioned to limit the customer test routes of the motorcycles to the industrial area. 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. CONDITIONAL USE PERMIT APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2007 -09 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- 2007 -519 Page 3 SECTION 3. FILING OF RESOLUTION: The Planning 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 Di Cecco, Hamous, and Landis, Vice Chair Peskay, and Chair Taillon NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 24th day of July, 2007 //" 616 Mark Taillon, Chair I f;a V/ David A. B bardt Planning Director Exhibit A — Special and Standard Conditions of Approval Resolution No. PC- 2007 -519 Page 4 EXHIBIT A SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2007 -09 1. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2007 -09, except any modifications as may be required to meet specific Building Code and Zoning Code standards or other conditions stipulated herein. 2. No change to the floor plan that increases the amount of required parking is permitted with this approval. 3. All exterior areas of the site, including landscaping and parking areas must be maintained free of litter and debris at all times. 4. Any signs must be approved by the Planning Director under separate permit. 5. The hours and days of the repair operation are restricted to 8 :00 a.m. to 6:00 p.m., Tuesday through Saturday. The hours may be subsequently modified by the Planning Director as necessary upon written notice to the permittee. 6. The hours of the retail operation shall be restricted to 8:00 a.m. to 6:00 p.m., daily. The hours may be modified by the Planning Director as necessary upon written notice to the permittee. 7. Any special events require prior approval of a Temporary Use Permit. 8. The applicant shall submit a test drive route satisfactory to the Planning Director for approval prior to the issuance of a certificate of occupancy. The test drive route may be modified by the Planning Director upon written notice to the permittee. 9. All road tests shall follow the same route as determined for test drives. 10. Other than road testing, all vehicle repairs must occur within the building, and engine testing must occur within inside the INC Dyno Test Room. No outdoor repair is allowed. Fire Department Conditions 11. Fire Code Permits: The Applicant and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. This includes flammable liquids and any welding or hot work. The applicant should also be advised that welding or hot work may require that the building meet the requirements of an "H" occupancy (hazardous). Resolution No. PC- 2007 -519 Page 5 STANDARD CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2007 -09 A. GENERAL REQUIREMENTS 1. The permittee'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 continued maintenance of the permit area and facilities is 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 Conditional Use 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. 6. No conditions of this entitlement may 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 does 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 Resolution No. PC- 2007 -519 Page 6 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 may 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 Planning 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 Planning Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Planning 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 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 Planning 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 Resolution No. PC- 2007 -519 Page 7 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. 0:101DIE