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Home My WebLink AboutRES PC 2014 595 2014 0225 RESOLUTION NO. PC-2014-595 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2014-01, A REQUEST TO ALLOW AN AUTOMOBILE REPAIR, RESTORATION, AND PAINTING SHOP (AUTO BODY SHOP) IN A 4,602 SQUARE FOOT SPACE IN AN EXISTING 18,372 SQUARE FOOT INDUSTRIAL BUILDING LOCATED AT 5260 BONSAI STREET UNIT A, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF BACKALLEY RESTORATIONS (DAVID DWYHALO) WHEREAS, on January 6, 2014, an application for Conditional Use Permit No. 2014-01 was filed by Backalley Restorations (David Dwyhalo), to allow an automobile repair, restoration, and painting shop (auto body shop) in a 4,602 square foot space in an existing 18,372 square foot industrial building located at 5260 Bonsai Street Unit A.; and WHEREAS, at a duly noticed public hearing on February 25, 2014, the Planning Commission considered Conditional Use Permit (CUP) No. 2014-01; and WHEREAS, at its meeting of February 25, 2014 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 Community Development Director has determined that proposed Conditional Use Permit (CUP) No. 2014-01 is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15301 of the California Code of Regulations (CEQA Guidelines) and that the project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities). CUP No. 2014-01 allows for an auto body shop within vacant tenant space of an existing building which is currently approved and used for industrial purposes and the use is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. PC-2014-595 Page 2 SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the Community Development Director's determination 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. 2014-01 allows for an auto body shop within vacant tenant space of an existing building which is currently approved and used for industrial purposes and the use is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. 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 Department's determination of exemption, and based on its own independent judgment, concurs in staff's determination of exemption. SECTION 2. 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 an auto body shop is an ancillary within the approved industrial building, which is consistent with the General Plan and Zoning. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that this is an industrial use where an auto body shop is not unexpected. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that the auto body shop is an ancillary use to the approved industrial use and does not require any modification to the approved building. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that conditions are required to ensure proper control of the auto body shop. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare, in that conditions are required to ensure proper control of an auto body shop. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2014-01 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. Resolution No. PC-2014-595 Page 3 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 Gould, Hamous, Landis, and Chair Groff NOES: None ABSENT: Commissioner DiCecco ABSTAIN: None PASSED AND ADOPTED this 25th day of February, 2014. Daniel Groff, Chair M#7,4, Z-16.41/11- David A. Bobardt Community Development Director Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2014-595 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2014-01 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. This Conditional Use Permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. All Conditions of Approval for Industrial Park Development (IPD) No. 98-04 as amended are incorporated by reference in this approval and shall continue to apply unless specifically modified by this permit. 3. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2014-01, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 4. No outdoor storage is allowed under this approval. Any request for outdoor storage is subject to the application requirements in place at the time of such request. Resolution No. PC-2014-595 Page 5 5. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 6. No outdoor repair or maintenance, including washing, cleaning, or detailing of vehicles is allowed under this permit. All mechanical equipment (e.g. air compressors) must also be kept indoors. 7. Vehicles brought in for service may only be parked within the parking spaces designated for this tenant space during open hours of operation and may not be parked in other tenant spaces or in the street. All vehicles left overnight and on weekends (outside business hours), both operative and inoperative, must be parked within the building. 8. 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. 9. Approval of a Zoning Clearance is required prior to the issuance of Building Permits. All contractors must have valid City of Moorpark Business Registrations. 10. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the Senior Management Analyst. The plan must show how the applicant will properly recycle or dispose of motor oil, gasoline, other fluids, or hazardous materials generated in the course of doing business. - END -