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HomeMy WebLinkAboutRES PC 2013 578 2013 0122 RESOLUTION NO. PC-2013-578 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) NO. 2012-05 AND ADMINISTRATIVE PERMIT NO. 2012-15, A REQUEST TO ALLOW NEW AUTOMOTIVE SERVICE USES, LIGHT MANUFACTURING, WAREHOUSING, AND WELDING AT AN EXISTING INDUSTRIAL PARK, LOCATED AT 555 SPRING ROAD ON THE APPLICATION OF LARRY GRAVES FOR MATILIJA INVESTMENT PROPERTY LLC WHEREAS, at a duly noticed public hearing on November 27, 2012 and January 22, 2013 the Planning Commission considered Conditional Use Permit (CUP) No. 2012-05 and Administrative Permit No. 2012-15 on the application of Larry Graves for Matilija Investment Property LLC to allow new automotive service uses, light manufacturing, warehousing, and welding at an existing industrial park, located at 555 Spring Road; and WHEREAS, at its meeting of January 22, 2013 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 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 it furthers Goal 7 and Goal 8 of the Land Use Element of the General Plan as follows: "Goal 7: Provide for a variety of commercial facilities which serve community residents and meet regional needs" and "Goal 8: Provide for new commercial development which is compatible with surrounding land uses". The Conditional Use Permit and Administrative Permit is compatible with the character of surrounding development in that the use is consistent with surrounding uses and the architectural style of the existing building is consistent with surrounding buildings and will not change. Resolution No. PC-2013-578 Page 2 B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that this use is similar in nature to permitted and conditionally permitted uses within the M-1 Zone and is in an area which is substantially developed. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character in that this is an existing building that has been developed consistent with the surrounding architecture of the area. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the use has been evaluated with respect to neighboring property, and is consistent with surrounding land uses and has been conditioned to limit hours or operation and noise. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare, in that conditions of approval have been added to take care of any detrimental effects. SECTION 2. ADMINISTRATIVE PERMIT: The Planning Commission finds that Administrative Permit No 2012-15 complies with the provisions of the Moorpark Municipal Code. SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission herby approves Conditional Use Permit No. 2012-05 and Administrative Permit No. 2012-15 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 4. 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 Di Cecco, Hamous, Landis, Vice Chair Groff, and Chair Gould. NOES: None ABSTAIN: None ABSENT: None PASSED AND ADOPTED this 22nd day of January, 2013. i ,471141L Diana S. t.ou •, hair David A. Bobardt, Community Development Director Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2013-578 Page 3 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2012-05 AND ADMINISTRATIVE PERMIT (AP) No. 2012-15 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. 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; and ii. The City defends the claim, action or proceeding in good faith. Resolution No. PC-2013-578 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. 2012-05, 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. 7. 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. 8. Conditional Use Permit No. 2012-05 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.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. 9. There shall be no change to the floor plan, as described in this report and in use at the time of this application that increases the amount of required parking consistent with this approval. A minimum of 48 parking spaces must be maintained at all times. 10. A separate 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. 11. All exterior areas of the site, including landscaping and parking areas must be maintained free of litter and debris at all times. 12. All work and storage must be conducted within the building. No outdoor storage is allowed under this approval other than that previously approved within the yard area on the west side of the site. 13. Permitted outdoor storage is restricted to storage that does not create any odor, liquid, or chemicals. Resolution No. PC-2013-578 Page 5 14. There shall be no outdoor repair or maintenance, including washing, cleaning, or detailing of vehicles on site. 15. Barbed wire strands, razor wire, and/or concertina wire (coiled barbed wire) are prohibited. 16. Hours of operation for the facility are limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday. The facility must remain closed on Sundays. 17. Within 90 days of this approval, the parking lot must be rehabilitated and restriped to the satisfaction of the Community Development Director. Such plan must clearly show the rear area as a storage yard. 18. Within 90 days of this approval, the driveway entrance/exit must be redesigned and restriped and signs posted restricting all turns to right turn in and right turn out only. The plan must be designed in a manner satisfactory to the City Engineer/Public Works Director and Community Development Director. 19. Within 45 days of this approval, a landscaping and irrigation plan must be submitted. Such plan must show restoration of planters within the front setback area, restoration of parking lot landscaping, and installation of trees along the southern property line of the site. The landscaping must be installed within 90 days of this approval, in a manner satisfactory to the Community Development Director. 20. The table below shows the uses that are allowed under this CUP, and clarifies those uses that should continue to have an independent level of review or not permitted. All other uses would continue to be governed by the requirements of the Zoning Code. 1. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and shock sales and installation, tune- Permitted under ups and other light service and repair (with or without hydraulic CUP 2012-05 lifts) b. Car washes, self-service or automatic with or without automotive Not Permitted services stations c. Engine rebuilding, transmission repair, steam cleaning, auto Separate CUP body, painting Required d. Parts and supplies Permitted under CUP 2012-05 e. Rental Permitted under CUP 2012-05 f. Sales, with or without service and parts Permitted under CUP 2012-05 g. Service stations with or without mini-marts and with or without Not Permitted beer and wine sales for off-site consumption Resolution No. PC-2013-578 Page 6 2. Manufacturing and assembly including, but not limited to, Permitted under appliances, cabinets, cleaners, clothing, computers, cosmetics, CUP 2012-05 detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 3. Warehousing Permitted under Administrative Permit 2012-15 4. Welding Permitted under Administrative Permit 2012-15 21. Changes of use approved by this permit are not allowed until completion and acceptance of all on-site improvements. -END-