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HomeMy WebLinkAboutRES CC 2013 3165 2013 0320 RESOLUTION NO. 2013-3165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2012-03 TO ALLOW AN OUTDOOR RECREATIONAL VEHICLE STORAGE FACILITY AT 4875 SPRING ROAD, ON THE APPLICATION OF BANNY ANDERSON (FOR MOORPARK RV AND STORAGE) WHEREAS, at a duly noticed public hearing held on September 19, 2012, October 17, 2012, December 5, 2012, January 16, 2013, February 20, 2013, March 6, 2013, and March 20, 2013, the City Council considered Conditional Use Permit (CUP) No. 2012-03 on the application of Banny Anderson (for Moorpark RV and Storage) to allow an outdoor recreational vehicle storage facility at 4875 Spring Road; and WHEREAS, at its meetings of September 19, 2012, October 17, 2012, December 5, 2012, January 16, 2013, February 20, 2013, March 6, 2013, and March 20, 2013, the City Council 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Community Development Director has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2012-03 and related approvals allows for the continuation of an existing recreational vehicle storage use of the property with no expansion or addition to the use or its operation on the property. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The City Council has reviewed the Community Development Department's determination of exemption, and based on its own independent judgment, concurs in staff's determination of exemption. SECTION 2. CHANGE OF NONCONFORMING USE FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council finds in accordance with City of Moorpark, Municipal Code Section 17.52.060(C)(2) that the existing recreational vehicle storage yard use, with no changes in proposed operations and with special and standard conditions of approval incorporated as shown in Exhibit A, would have no greater impact than the previous nonconforming contractor's storage yard, that it is similar in use to the contractor's storage yard, and it is not considered an expansion of the previous contractor's storage yard. Resolution No. 2013-3165 Page 2 SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 1. The proposed continuation of the recreational vehicle storage use as conditioned is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that the City Council has determined that this use will have no greater impact than the previous nonconforming contractor's storage yard use, is similar to the previous nonconforming contractor's storage yard use, is not considered as an expansion of the previous nonconforming contractor's storage yard use, and is conditioned to have a term of 5 years with one possible 5-year extension; 2. The proposed continuation of the recreational vehicle storage use as conditioned is compatible with both existing and permitted land uses in the surrounding area in that conditions of approval including landscaping and removal and/or screening of razor wire and barbed wire have been included to mitigate impacts on neighboring land uses; 3. The proposed continuation of the recreational vehicle storage use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the site as a result of the application other than enhanced landscaping and removal and/or screening of razor wire and barbed wire, which would improve the compatibility of the proposed use with the scale, visual character, and design of surrounding properties; 4. The proposed continuation of the recreational vehicle storage use as conditioned would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been included so that the barbed wire and razor wire will be removed when the adjacent residential property west of the project site is developed and the barbed wire and razor wire along the Spring Road frontage will either be removed or screened from view; and 5. The proposed continuation of the recreational vehicle storage use without any vesting right to the use beyond the termination date with conditions of approval including a maximum 5-year term with one possible 5-year extension, enhanced landscaping, and removal and/or screening of the barbed wire and razor wire with removal at the end of the use ensure that the use would not be detrimental to the public health, safety, convenience, or welfare. Resolution No. 2013-3165 Page 3 SECTION 4. CITY COUNCIL APPROVAL: the City Council hereby approves Conditional Use Permit No. 2012-03 for a five (5) year period ending March 20, 2018, with the right for the applicant to apply for another five (5) year extension, subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 5. EFFECTIVE DATE: The City Council's Approval of Conditional Use Permit No. 2012-03 shall not become effective unless and until the applicant signs an Affidavit of Acceptance of the terms and conditions of Conditional Use Permit No. 2012-03. If the applicant does not sign and submit to the City a signed and notarized Affidavit of Acceptance within thirty (30) days of City Council approval of Conditional Use Permit No. 2012-03, the City Council approval action becomes null and void. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of March, 2013. Ja ice S. Parvin, Mayor ATTEST: ato 9 Maureen Benson, City Clerk od 9q O NQrin ;Sa`f Exhibit A — Standard and Special Conditions of Approval Resolution No. 2013-3165 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2012-03 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. 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. Nothing in this permit or its Conditions of Approval precludes the City from enforcing the Municipal Code with respect to any violations which may occur on the property affected by this permit. 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 in California Code of Civil Procedure Section 1094.6 or California Government Code Section 65009, whichever is shorter. 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. Resolution No. 2013-3165 Page 5 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. 7. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2012-03, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking or vehicle storage layout shall require review and approval by the Community Development Director. Storage in the yard shall be limited to recreational vehicles, including motor homes, travel trailers, boats and personal watercraft on trailers, and off- road vehicles on trailers intended for personal (non-commercial) use. Storage containers not used for the operation and maintenance of the recreational vehicle storage yard, inoperable vehicles, and commercial vehicles shall be removed from the site within one-hundred and eighty (180) days of the issuance of this Conditional Use Permit. 8. Landscaping shall be provided and continuously maintained in the area between the wall adjacent to Spring Road and the sidewalk. If the razor/barbed wire along the Spring Road frontage is to be maintained by the applicant for the duration of this permit, plant materials shall be of sufficient size and spacing to provide rapid screening of the razor wire and barbed wire so that it would not be visible from the public right-of-way. If the razor wire and barbed wire is removed in this area, only ground cover is necessary between the wall and sidewalk. Within thirty (30) days of approval, a landscaping plan showing landscaping in the area between the perimeter wall and the sidewalk on Spring Road, shall be submitted for review and approval by the Community Development Director. Such landscaping shall be installed within sixty (60) days of approval of the plan. 9. A separate sign permit application is required for all proposed signs. Resolution No. 2013-3165 Page 6 10. All exterior areas of the site, including landscaping and parking areas must be maintained free of litter and debris at all times. 11. There shall be no maintenance of recreational vehicles, including washing or changing of propane tanks, on site. The existing dump station may not be used at any time under this permit and must be capped and removed with all necessary permits by the City and Waterworks District No. 1 and all fees and fines for its prior operation paid to Waterworks District No. 1 within thirty (30) days of approval of this Conditional Use Permit. A new dump station that complies with all current standards and permitting requirements is allowed under this Conditional Use Permit provided that all necessary building permits are obtained and the facility is constructed and operated in compliance with NPDES standards. An operational plan is required to demonstrate proper maintenance prior to issuance of a Zoning Clearance for construction of a new dump station. 12. Conditional Use Permit No. 2012-03 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080:6 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. 13. 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. 14. If the easterly wall on the adjacent residential property west of the subject site is constructed prior to the expiration of this Conditional Use Permit, any barbed wire strands, razor wire, and/or concertina wire (coiled barbed wire) adjacent to the residential development shall be removed by the applicant within thirty (30) days of notification by the Community Development Director. 15. At the end of the term of this CUP or if use is vacated earlier, whichever comes first, all barbed wire strands, razor wire, and/or concertina wire (coiled barbed wire) shall be removed within thirty (30) days of notification by the Community Development Director. Any razor or barbed wire that is removed may only be replaced by fencing that conforms with the standards of the Zoning Ordinance at the time of installation. 16. No vested right to any use or uses allowed by this permit shall apply or exist beyond the termination date of this permit as follows. All recreational vehicle and Resolution No. 2013-3165 Page 7 outdoor storage allowed by this Conditional Use Permit must cease by February 20, 2018, and the site must be restored or converted to a conforming use by this date. The City Council may extend the term of this Conditional Use Permit by one additional five (5) year period to February 20, 2023 if upon receipt of an application for extension from the operator not less than sixty (60) days prior to expiration, the City Council finds the use to be in conformance with all conditions of approval. 17. Leasing of the administration building for other uses during the term of this Conditional Use Permit is limited to office uses that do not generate on-site customer traffic to the satisfaction of the Community Development Director. A Zoning Clearance and a Business Registration Permit are required for each tenant use prior to occupancy. 18. In the event of a direct conflict between these Standard and Special Conditions of Approval and the Settlement, Waiver, and Release Agreement between the City of Moorpark, AC Construction, and Moorpark RV, LLC, submitted and executed by the applicant on March 20, 2013, the terms of the Settlement, Waiver, and Release Agreement shall control. -END- Resolution No. 2013-3165 Page 8 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2013-3165 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of March, 2013, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 3rd day of April, 2013. Maureen Benson, City Clerk (seal) QQPpK Cq<�a O q O gtFn .{q