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HomeMy WebLinkAboutRES PC 2011 566 2011 0927RESOLUTION NO. PC- 2011 -566 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2011 -04 TO ALLOW OUTDOOR SALES OF RECREATIONAL VEHICLES ON AN APPROXIMATELY 2 -ACRE VACANT LOT, AT 500 LOS ANGELES AVENUE, ON THE APPLICATION OF TOM LINDSTROM RV, INC. WHEREAS, at a duly noticed public hearing on September 27, 2011, the Planning Commission considered Conditional Use Permit (CUP) No. 2011 -04 on the application of Tom Lindstrom RV, Inc. to allow outdoor sales of recreational vehicles (RV's) and a sales office on an approximately 2 -acre vacant lot at 500 Los Angeles Avenue; and WHEREAS, at its meeting of September 27, 2011 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 Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section (15332) as a Class 32 exemption for Infill Development. 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 proposed use is consistent with the provisions of the General Plan, zoning ordinance, and any other applicable regulations, in that outdoor sales of recreational vehicles is permitted in the Commercial Planned Development (CPD) Zone with the approval of a Conditional Use Permit. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that landscaping will be installed in front of the property with a decorative fence behind the landscape. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that the lot is vacant and permanent development is not allowed through this conditional use permit. Resolution No. PC- 2011 -566 Page 2 D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the exterior lighting installed on the site must comply with City's lighting regulations. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare in that the outdoor sales of recreational vehicles are compatible with the commercial planned development uses. SECTION 2. PLANNING COMMISSION APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2011 -04 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 3. FILING OF RESOLUTION: The Community Development 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 Gould and Groff, Vice Chair Di Cecco, and Chair Landis NOES: None ABSTAIN: None ABSENT: Commissioner Hamous PASSED, AND ADOPTED this 27th day of September, 2011. Kipp lff �ridis, Cha r David A. Bobardt, Community Development Di Exhibit A — Standard and Special Conditions of Resolution No. PC- 2011 -566 Page 3 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2011 -04 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Planned Development Permits and Conditional Use Permits as adopted by City Council Resolution No. 2009 -2799 (Exhibits A and B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. The applicant'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 Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. 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. 4. 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 the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. 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: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. Resolution No. PC- 2011 -566 Page 4 b. 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 ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2011 -04, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 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. Approval of a Zoning Clearance, accompanied by a parking and circulation, plan, is required prior to the issuance of any future building permits. All other permit and fee requirements must be met. 9. The term of this Conditional Use Permit is through January 31, 2017 or the termination of the lease with the City, whichever comes first. The applicant may request a modification for an extension of the permit beyond this period subject to additional conditions of approval appropriate for permanent use of the site. 10. Prior to the issuance of a Zoning Clearance for occupancy, a landscape plan showing a 12 -foot landscaped front setback, shall be submitted for review and approval by the Community Development Director. 11. Prior to issuance of a Zoning Clearance for occupancy, a fencing plan shall be submitted for review and approval by the Community Development Director. 12. Prior to issuance of a Zoning Clearance for occupancy, an exterior lighting plan shall be submitted for review and approval by Community Development Director. The lighting plan must demonstrate conformance of the exterior lighting with the Moorpark Municipal Code. 13. Prior to the issuance of a Zoning Clearance for occupancy, solid waste facilities and service shall be provided on site consistent with City regulations in a design and location to the satisfaction of the Community Development Director. 14. A separate sign permit application is required for all proposed signs. 15. All customer parking spaces must be designed to meet the standard stall size criteria of the parking ordinance with a length of twenty (20) feet and a width of nine (9) feet, and this must be reflected on the site plan to the satisfaction of the Community Development Director. Resolution No. PC- 2011 -566 Page 5 16. Prior to occupancy, the asphalt areas of the site shall be repaired and slurry sealed and an asphalt -paved driveway connection shall be provided to Unidos Avenue to the satisfaction of the City Engineer /Public Works Director. 17. All parking areas must be surfaced with asphalt or concrete and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping, curbs, or posts in parking areas adjacent to landscaped areas. 18. Any special events require prior approval of a Temporary Use Permit. 19. Prior to issuance of a Zoning Clearance for occupancy, the applicant shall submit a test drive route for review and approval by the Community Development Director. The test drive route may be modified by the Community Development Director upon written notice to the permittee. 20. Prior to issuance of a Zoning Clearance for occupancy, "No Left Turn" signs shall be installed on Los Angeles Avenue and Unidos Avenue to the satisfaction of the Public Works Director /City Engineer. 21. All exterior areas of the site, including landscaping and parking areas must be maintained free of litter and debris at all times. 22. All recreational vehicles (RV's) sold at this location are subject to all local and State sales tax with the City of Moorpark as the point of sale. Prior to issuance of a Zoning Clearance for Occupancy, the applicant shall provide the following to the satisfaction of the Community Development Director: A. A copy of a valid Seller's Permit from the State Board of Equalization for this business. B. A letter on business letterhead signed by an authorized agent of Tom Lindstrom RV, Inc certifying that all sales of recreational vehicles at this location will be properly reported to the State Board of Equalization as occurring in the City of Moorpark. 23. There shall be no maintenance of recreational vehicles, including washing, on site. 24. Conditional Use Permit No. 2011 -04 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.13 of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use.