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HomeMy WebLinkAboutRES PC 2009 549 2009 1027 RESOLUTION NO. PC-2009-549 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2009-02 FOR A MARTIAL ARTS STUDIO AND PHYSICAL FITNESS TRAINING CENTER IN AN EXISTING 3,600 SQUARE-FOOT FREESTANDING BUILDING AT 690 WALNUT STREET, LIN THE DOWNTOWN SPECIFIC PLAN AREA), ON THE APPLICATION OF DENNIS HAGGARD WHEREAS, at duly noticed public hearings on September 22, 2009, and October 27, 2009, the Planning Commission considered Conditional Use Permit (CUP) No. 2009-02 on the application of Dennis Haggard for a Martial Arts Studio and Physical Fitness Training Center in an existing 3,600 square-foot freestanding building at 690 Walnut Street; and WHEREAS, at its meeting of September 22, 2009 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; continued the open public hearing to October 27, 2009 and on October 27, 2009, 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 CEQA pursuant to Section 15301 as a Class 1 exemption for Existing Facilities. 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, Downtown Specific Plan, and Zoning Ordinance, in that the martial arts studio and physical fitness training center is permitted in the Commercial Old Town (C- OT) Zone with the approval of a Conditional Use Permit. B. The proposed use as conditioned is compatible with both existing and permitted land uses in the surrounding area, in that sufficient street parking is available on Walnut Street and customers of the martial arts studio and physical fitness training center will patronize other businesses in the downtown area. Resolution No. PC-2009-549 Page 2 C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that the existing building has been established on Walnut Street for an extensive time and has recently been renovated for a use such as the proposed martial arts studio and physical fitness training center. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the hours of operation are limited with conditions of approval to minimize impacts on the adjacent residential neighborhood. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare, in that conditions of approval are intended to limit intensity of the proposed use, in order to preserve the health, safety, convenience and welfare of existing uses on adjacent properties. SECTION 2. PLANNING COMMISSION APPROVAL: the Planning Commission hereby approves Conditional Use Permit No. 2009-02 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. 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, Taillon, Vice Chair Landis, and Chair Hamous NOES: None ABSTAIN: None ABSENT: Commissioner Bagwell PASSED, AND ADOPTED this 27th day of October, 2009. �4l l/V,4a6(S- Bruce amous, Chair / v David A. Bobardt, Planning Di ector Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2009-549 Page 3 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2009-02 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. Prior to issuance of a Zoning Clearance for Occupancy, the applicant shall provide a schedule for the martial arts classes and physical fitness group training classes, which shall include a minimum separation of 30-minutes between classes or group training sessions, and the schedule shall be submitted for review and approval of the Planning Director, (the minimum separation is subject to change only with prior review and approval of the Planning Director, in compliance with this condition). 2. Prior to issuance of a Zoning Clearance for Occupancy, the applicant shall submit a parking handout for employees and parents to the satisfaction of the Planning Director. 3. Prior to issuance of a Zoning Clearance for Occupancy, all façade improvements to the building as required with the approval of Administrative Permit No. 2007-07 must be completed to the satisfaction of the Planning Director. 4. Prior to issuance of a Zoning Clearance for Occupancy, the applicant shall install an anti-graffiti coating to the street facing elevations of the building, and prior to installation, the applicant shall submit the proposed brand and application of the anti graffiti coating for the review and approval of the Planning Director. 5. For indoor or outdoor events that are not considered part of the everyday operation of the studio, the applicant shall apply for and secure a Temporary Use Permit from the Community Development Department. Such application shall be made at least thirty (30) calendar days prior to the commencement of the indoor or outdoor event. As part of the Conditions of Approval, the Planning Director may require, based upon the scope and size of the event, security guards, traffic control, valet parking and other measures to assure that the event does not disrupt the neighborhood and surrounding area. Resolution No. PC-2009-549 Page 4 6. No outdoor storage is allowed under this approval. Any request for outdoor storage shall be subject to the application requirements in place at the time of such request. 7. A separate sign permit application is required for all proposed signs; all signs must be consistent with the Downtown Specific Plan sign criteria, which is subject to the review and approval of the Planning Director. 8. Hours of operation are limited to 8:00 a.m. to 10:00 p.m., Monday through Sunday, adjustments are only allowed with the prior review and approval of any proposed change in hours by the Planning Director. Private training sessions are allowed anytime, by appointment only with an instructor employed by the Martial Arts Studio as approved under this conditional use permit. 9. The applicant shall notify each customer/client that students under the age of 18 years old that are dropped off and picked up are to be brought inside building in order to prevent double parking and to minimize on-street traffic problems. If the applicant is found in violation of this condition the permit may be subject to a citation, modification of the permit and/or revocation of the permit. 10. 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 must be accomplished to the satisfaction of the Planning Director. 11. The applicant shall obtain or renew a Business Registration from the City of Moorpark. All contractors doing work in Moorpark shall have or obtain a current Business Registration.