Loading...
HomeMy WebLinkAboutRES PC 2013 585 2013 0827 RESOLUTION NO. PC-2013-585 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF 1) ZONING ORDINANCE AMENDMENT NO. 2013-04: AN AMENDMENT TO SECTION 17.20.060 (PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO ALLOW RETAIL USES IN THE M-1 ZONE WITH A CONDITIONAL USE PERMIT WHEN IMMEDIATELY ADJACENT TO A FREEWAY INTERCHANGE; AND 2) CONDITIONAL USE PERMIT NO. 2013-02: A 71,840 SQUARE-FOOT RETAIL USE IN THE M-1 ZONE AT 14501 PRINCETON AVE ON THE APPLICATION OF MANNY ASADURIAN WHEREAS, at a duly noticed public hearing on August 27, 2013, the Planning Commission considered Zoning Ordinance Amendment No. 2013-04 and Conditional Use Permit (CUP) No. 2013-02 on the application of Manny Asadurian. for a Zoning Ordinance Amendment to amend Chapter 17.20.060 (Permitted Uses In Commercial And Industrial Zones) of Title 17 (Zoning) of the Moorpark Municipal Code to allow retail uses in the M-1 zone with a Conditional Use Permit when immediately adjacent to a freeway interchange; and a Conditional Use Permit to allow an indoor retail community marketplace in the M-1 Zone when immediately adjacent to a freeway interchange, at 14501 Princeton Avenue.; and WHEREAS, at its meeting of August 27, 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTION: 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 a Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) in that an existing building would be used for the proposed use. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Community Development Director's determination of exemption, and based on its own independent judgment, concurs in the determination of exemption. Resolution No. PC-2013-585 Page 2 SECTION 2. PLANNING COMMISSION RECOMMENDATION ON ZONING ORDINANCE AMENDMENT NO. 2013-04: The Planning Commission hereby recommends approval of Zoning Ordinance Amendment 2013-04 found in Exhibit A attached. 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 Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 1. The proposed use is consistent with the provisions of the General Plan, Zoning Ordinance as amended by Zoning Ordinance Amendment No. 2013-04, and any other applicable regulations in that retail uses are not unexpected within areas designated 1-1 (Light Industrial) by the General Plan Land Use Element and the M-1 (Industrial Park) Zone; 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that conditions of approval regarding parking and use restrictions have been included to mitigate impacts on neighboring land uses; 3. The proposed use 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; 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that the impacts of the proposed use are no greater that the impacts of allowable uses within the zone 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 of operation; 5. 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 4. PLANNING COMMISSION RECOMMENDATION ON CONDITIONAL USE PERMIT NO. 2013-02: The Planning Commission hereby recommends approval of Conditional Use Permit No. 2013-02, subject to the Standard and Special Conditions of Approval found in Exhibit B attached. Resolution No. PC-2013-585 Page 3 SECTION 5. 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 27th day of August, 2013. _ WAR Diana Goull, hai ATTEST: / 41)Ati, fr Davis A. Bobardt Community Development Director Exhibit A— Zoning Ordinance Amendment No. 2013-04 Exhibit B — Conditional Use Permit No. 2013-02 Standard and Special Conditions of Approval Resolution No. PC-2013-585 Page 4 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2013-04 Section 17.020.060 (Permitted Uses in Commercial and Industrial Zones) of Title 17 (Zoning) of the Moorpark Municipal Code is amended with the following addition to Section A (Retail and Service Uses). Listed Uses currently numbered 24 through 26 shall be renumbered as 25 through 27. Zones C-O C-1 C ZD C-OT M-1 M-2 I 24. Retail sales in the M-1 zone over twenty percent (20%) of the gross floor area of the building in which it is located, when: A. The building is located on a parcel immediately adjacent to a freeway interchange; B. The building is located within 500 feet of freeway interchange; CUP C. The driveway access is no greater than 500 feet from the freeway interchange, as measured along the street. In an industrial complex the twenty percent (20%) shall be computed on the basis of the cumulative total floor area of the industrial planned development (IPD). Resolution No. PC-2013-585 Page 5 EXHIBIT B STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) NO. 2013-02 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. This Conditional Use Permit shall be valid upon the effective date of the approval of Zoning Ordinance Amendment No, 2013-04. No Zoning Clearances or Business Registrations related to operation of this use shall be issued until Zoning Ordinance Amendment No. 2013-04 is effective. 2. 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. 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. 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. 6. 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 California Code of Civil Procedure Section 1094.6 or California Government Code Section Resolution No. PC-2013-585 Page 6 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. 7. 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. 8. 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. 9. Prior to issuance of a Zoning Clearance for occupancy, a landscaping plan must be submitted. Such plan must show restoration of planters within the front setback area and restoration of parking lot landscaping. The landscaping must be installed within 90 days of a Zoning Clearance for occupancy, in a manner satisfactory to the Community Development Director. 10. All signs must be in compliance with Chapter 17.40 of the Moorpark Municipal Code (Sign Regulations). A separate sign permit application is required for all proposed signs. 11. All refuse and recycling bins for the center shall be maintained in enclosures. Prior to issuance of a Zoning Clearance for occupancy, all enclosures shall be upgraded to be screened with a solid wall and decorative gate and covered with a roof, to the satisfaction of the Community Development Director. 12. All exterior areas of the site, including landscaping and parking areas must be maintained free of litter and debris at all times. 13. Conditional Use Permit No. 2013-02 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 Resolution No. PC-2013-585 Page 7 twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eghty (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. 14. 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. 15. No major architectural changes are permitted. Minor architectural changes to the building will require review and approval by the Community Development Director. 16. Prior to issuance of a Zoning Clearance for occupancy, a parking plan must be submitted for review and approval by the Community Development Director. 17. The Community Development Director to impose restrictions to the hours of operation in the future if it is found to be necessary to comply with standards of the Moorpark Municipal Code. 18. Thrift stores, secondhand shops, and consignment stores are not permitted as part of this permit. 19. Approval of a Business Registration permit for the operator and each vendor. 20. The applicant shall provide the Community Development Department with the following for each vendor: • A copy of their valid Seller's Permit issued by the State Board of Equalization. • A letter, on business letterhead, certifying that all retail sales generated at the location will be properly reported to the State Board of Equalization as occurring within the City of Moorpark. 21. All giveaways must comply with State of California Rules For Promotional Giveaways (California Business and Professions Code sections 17533.8, 17537.1.) For more information see California Department of Consumer Affairs Legal Guide U-1. Any raffle or similar game must comply with State of California Rules Prohibiting Lotteries (California Penal Code section 319 and following). For more information see California Department of Consumer Affairs Legal Guide U-2. All contests must comply with State of California Rules for Operation of Contests (Business and Professions Code sections 17539-17539.3, Resolution No. PC-2013-585 Page 8 17539.35). For more information see California Department of Consumer Affairs Legal Guide U-3. The distribution of any prizes or gifts must comply with State of California Rules On Conditional Offer Of Prizes Or Gifts (California Business and Professions Code section 17537) For more information see California Department of Consumer Affairs Legal Guide U-4. 22. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN PUBLIC PLACES at all times and shall provide signs consistent with Chapter 8.32.040 to the satisfaction of the Community Development Director, prior to initiation of the uses allowed by this permit. 23. The approval of temporary signs, banners, flags, streamers, balloons, or other similar advertising devices are not included under this application. Temporary signs are processed under a separate permitting procedure and are subject to the requirements of Section 17.40 of the Municipal Code and the review and approval of the Community Development Director. -END-