Loading...
HomeMy WebLinkAboutRES PC 2008 535 2008 1014 RESOLUTION NO. PC-2008-535 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) NO. 2008-06, A PROPOSED RETAIL TOBACCO AND ACCESSORIES STORE, INCLUDING MUSIC SALES, LOCATED AT 6593 COLLINS DRIVE D-1A , ON THE APPLICATION OF JOSHUA WRIGHT (DOUGHMAIN SMOKESHOP AND RECORDS) WHEREAS, at a duly noticed public hearing on October 14, 2008, the Planning Commission considered Conditional Use Permit (CUP) No. 2008-06 on the application of Joshua Wright (Doughmain Smokeshop and Records) for a proposed retail tobacco and accessories store, including music sales, located at 6593 Collins Drive D-1 A; and WHEREAS, at its adjourned meeting of October 14, 2008 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; 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, zoning ordinance, and any other applicable regulations in that tobacco stores are conditionally permitted within the zone, and conditions of approval have been proposed to mitigate potential problems; B. The proposed use as conditioned is compatible with both existing and permitted land uses in the surrounding area in that it is primarily a retail use proposed within a retail shopping center; C. The proposed use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the exterior of the building as a result of the application; Resolution No. PC-2008-535 Page 2 D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been proposed to prohibit on-site smoking and loitering; and E. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the only products proposed to be sold are legally sold and regulated within the State of California. SECTION 2. APPROVAL OF PROJECT: The Planning Commission approves Conditional Use Permit No. 2008-06 subject to the Conditions of Approval included in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. 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, and Vice Chair Hamous NOES: None ABSTAIN: None ABSENT: Commissioner Landis and Chair Peskay PASSED, AND ADOPTED this 14th day of October, 2008. '\ re- Robert Pesk y, Chair Da d Bobardt, ' anning Director Exhibit A — Conditions of Approval Resolution No. PC-2008-535 Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) NO. 2008-07 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. All Conditions of Approval for Commercial Planned Development Permit No. 2000-04 are incorporated by reference in this approval and shall continue to apply unless specifically modified by this permit. 3. 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. 4. 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. 5. 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. 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. 6. 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. Resolution No. PC-2008-535 Page 4 7. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2008-06, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 8. All necessary permits must be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 9. Approval of a Zoning Clearance is required prior to the issuance of building permits. All other permit and fee requirements must be met. 10. Entertainment is not approved as part of this Conditional Use Permit and requires approval of a separate permit. 11 . Security personnel must be provided to monitor the exterior area(s) designated for use by customers of the facility during any activity that may require the need for additional security. The applicant shall work with the Police Department, Fire Department, and Community Development Department staff to determine which activities require additional security. The owner/manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. The only exception is for special events held by Moorpark-based non-profit groups. 12. The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this Conditional Use Permit, including fifteen (15%) percent overhead on any such services. 13. No person under the age of eighteen (18) is allowed to enter and remain within the facility at any time. Signage must be posted on the door indicating this prohibition to the satisfaction of the Planning Director. 14. No person under the age of eighteen (18) may sell or package tobacco products or smoking paraphernalia. 15. All exterior areas of the site, including parking areas under use by the facility, must be maintained free of litter and debris at all times. 16. Hours of operation allowed by this Conditional Use Permit are limited to between 10:00 a.m. and Midnight. 17. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 18. The applicant or his/her designee shall be responsible to police the exterior of the business to assure that there is no loitering of store customers in the parking lot or in areas adjacent to the facility. The rear door must remain closed and locked during business hours. Resolution No. PC-2008-535 Page 5 19. No exterior advertising of any kind or type is allowed promoting or indicating the availability of tobacco or tobacco accessories, except within the name of the facility on a permitted sign. Interior advertising and displays for tobacco or tobacco accessories that are clearly visible to the exterior constitute a violation of this condition. 20. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 21. Conditional Use Permit No. 2008-06 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.100.B 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. 22. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. -End-