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HomeMy WebLinkAboutRES PC 2010 550 2010 0126 RESOLUTION NO. PC-2010-550 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2010-01 FOR INDOOR RECREATIONAL VEHICLE SALES AT 5152 COMMERCE AVENUE, ON THE APPLICATION OF TOM LINDSTROM RV, INC WHEREAS, at a duly noticed public hearing on January 26, 2010 the Planning Commission considered Conditional Use Permit (CUP) No. 2010-01 on the application of Tom Lindstrom RV, Inc. for used indoor recreational vehicle (RV) sales with a 6,500 square-foot showroom, within an existing 94,000 square- foot indoor recreational vehicle storage facility, at 5152 Commerce Avenue; and WHEREAS, at its meeting of January 26, 2010 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 on January 26, 2010 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 indoor recreational vehicles sales is permitted in the Limited Industrial (M-2) 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 the indoor recreational vehicles sales are allowed in this zone. C. The proposed use 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-2010-550 Page 2 D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the proposed hours of operation are consistent with the hours for the existing uses in surrounding businesses. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare as conditioned. SECTION 2. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2010-01 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 Bagwell, Di Cecco, Hamous, Vice Chair Landis, and Chair Hamous NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 26th day of Jan ary, 2010. Bruce Hamous, Chair . / , , ii Davi A. Bobardt Community Development Director Exhibit—A: Standard and Special Conditions of Approval Resolution No. PC-2010-550 Page 3 EXHIBIT -A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2010-01 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit 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. Outdoor sales events in compliance with Section 17.28.130 of the Moorpark Municipal Code are permitted. For outdoor events, 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 outdoor event. As part of the Conditions of Approval, the Community Development 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 surrounding area. 2. 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. 3. A sign permit application must be submitted for all proposed signs, for the review and approval of the Community Development Director prior to issuance of a building permit for a sign. 4. 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. Resolution No. PC-2010-550 Page 4 5. There shall be no outdoor maintenance, including washing, cleaning, or detailing of recreational vehicles outside of the building. All such services shall take place within the building. 6. The existing driveway and gate at the northeast corner of the property must be properly maintained by the tenant to allow for emergency access to and from Commerce Avenue. 7. Prior to issuance of a certificate of occupancy, the applicant shall install a knox-box access system and breakaway lock for the existing driveway gate at the northeast corner of the property, to the satisfaction of the Community Development Director, Police Department, and Fire Department. - END -