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HomeMy WebLinkAboutAG RPTS 2013 0122 PC REG PPAK Cq��a 0 ,41,01 klit41% v ao 1We o9 Resolution No. 2013- 578 PLANNING COMMISSION REGULAR MEETING AGENDA JANUARY 22, 2013 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. OATH OF OFFICE: A. City Clerk Administers Oath of Office to the Planning Commission (Staff: Maureen Benson) 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Consider Selection of Chair and Vice Chair Mark Di Cecco Diana S. Gould Daniel Groff Bruce A. Hamous Kipp Landis Staff Recommendation: 1) Open the floor to nominations for a Chair; 2) Once sufficient nominations have been made, close the nominations and vote; 3) Open the floor for nominations for a Vice Chair; and 4) Once sufficient nominations have been made, close the nominations and vote. (Staff: David Bobardt) There will be a brief recess to allow the Chair and Vice-Chair to be seated. All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.ci.mooroark.ca.us. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517-6233. Regular Planning Commission Meeting Agenda January 22, 2013 Page 2 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: A. Future Agenda Items i. CUP 2003-05 National Ready Mixed (Continued from August 26, 2009 to a date uncertain.) ii. ZOA Reasonable Accommodation Ordinance iii. ZOA Farm Worker Housing Ordinance iv. AB Properties New TTM v. ZOA Sign Ordinance Revision vi. Rescinding Toll Mazur DA, GPA, ZC vii. CUP 2012-08 Taqueria Jalisco viii. CPD 2012-02/CUP 2012-07 Kim Clement Center ix. TTM 5906 AB Properties x. ZOA Home Occupation Permits B. Planning Commissioners Academy: February 27 — March 1, Pasadena, CA 8. PUBLIC HEARINGS: (next Resolution No. PC-2013-578) A. Consider Resolution Approving Conditional Use Permit 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 Matiljja Investment Property LLC. (continued from regular meeting of November 27, 2012) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2013- approving Conditional Use Permit No. 2012-05 and Administrative Permit No 2012-15. (Staff: Joseph Fiss) Regular Planning Commission Meeting Agenda January 22, 2013 Page 3 9. DISCUSSION ITEMS: A. Consider Regular Meeting Schedule, Time and Place. Staff Recommendation: 1) Approve the 2013 regular meeting schedule of the fourth (4th) Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799 Moorpark Avenue, Moorpark, CA 93021. (Staff: David Bobardt) 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of November 27, 2012. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at(805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability.Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104;ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, January 22, 2013, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on January 17, 2013, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 17, 2013. ui/v/L Jo'c R. Figueroa,°Administrative Assistant MOORPARK,CALIFORNIA Planning Commission 1 . 22. 2013 ITEM: 4.A. ACTION: DIANA gcut 2 E l.£.G E1 C A-tAj Q 44, Ti 1£L ,g2OFF ELECIEP ■.S VICE' C4-I,60 12 • BY: T. 0 4t.eYe- MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission 4 FROM: David A. Bobardt, Community Development Director DATE: January 17, 2013 (PC Meeting of 1/22/2013) SUBJECT: Consider Selection of Chair and Vice Chair BACKGROUND/DISCUSSION Municipal Code Section 2.36.080 and Section 3.1 of Resolution PC 2008-529 (Rules of Procedure for Commission Meetings and Related Functions and Activities) require the Planning Commission to select a Chair and Vice Chair from among the appointed members at the first regular meeting of each year. Each such selection shall be by three (3) or more affirmative votes. Additionally, each person so selected shall serve until the end of a one-year term or until a successor is chosen (at any time) by three (3) or more affirmative votes. STAFF RECOMMENDATION 1. Open the floor to nominations for a Chair; 2. Once sufficient nominations have been made, close the nominations and vote; 3. Open the floor for nominations for a Vice Chair; and 4. Once sufficient nominations have been made, close the nominations and vote. S:\Community Development\PLANNING COMMISSION\P C POLICIES\agenda reports\2013\pc 130122 select chair.doc 1 I ■ `M: 8.A. MOORPARK,CALIFORNIA Planning Commission of 1.22 . 2013 ACTION:JA PR gD S'1 RECn�,� e D cs ♦tom, mr` rl� G��2 BY: MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development ire for Prepared by Joseph Fiss, Principal Planner DATE: January 9, 2013 (PC Meeting of 1/22/13) SUBJECT: Consider Resolution Approving Conditional Use Permit 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. BACKGROUND On September 18, 2012 Larry Graves, for Matilija Investment Property LLC, submitted an application for a Conditional Use Permit (CUP) to allow new automotive service uses and light manufacturing within any of the tenant spaces at an existing industrial park. This application was subsequently amended to include a request for an Administrative Permit (AP) for warehousing and welding in order to make the request consistent with Zoning requirements. The Zoning Ordinance requires a Conditional Use Permit for automotive service uses and light manufacturing in the M1 zone when they are within 100 feet of residentially-zoned properties and an Administrative Permit for uses such as warehousing and welding. The applicant's request is to allow for certain specified land uses to change out within the complex depending on market conditions, avoiding the need for a new CUP or AP for each new automotive service use. Although this building had automobile and light industrial services in some of the vacant spaces in the center in the past, these spaces have been vacant beyond the timeframe where they could be replaced with new similar uses without obtaining a new CUP or AP. 2 Honorable Planning Commission January 22, 2013 Page 2 A CUP is required prior to initiation of uses in a given zone as specified by Chapter 17.20 of this title where review by the Planning Commission through a public hearing process is required to determine if the proposed use complies with all necessary findings listed in this subsection. A CUP is not allowed as a matter of right, but is subject to site plan and architectural review and may be approved, conditionally approved, or denied. The Planning Commission is the decision-maker for this CUP, unless the decision is appealed to the City Council. An AP is similar in that it is a discretionary approval, however it is considered by the Community Development Director with no public hearing. An AP is required prior to the initiation of uses and structures in a given zone as specified in the Zoning Ordinance where review and approval by the Community Development Director is required to assure compliance with the provisions of the Moorpark Municipal Code. An AP application is subject to site plan and architectural review. Although an AP is typically considered by the Community Development Director, when a lower-level permit accompanies a higher-level permit, they are both elevated to the higher decision-making authority. DISCUSSION Project Setting Existing Site Conditions: The project site consists of a small 4-building industrial park that includes a mix of automotive and light industrial uses. According to the County Assessor data, the four existing one story buildings totals approximately 24,000 square feet on a 1.46-acre site on the west side of Spring Road. This is discussed in detail below under"Previous Applications". Previous Applications: On December 11, 1970, the Ventura County Planning Department approved Development Plan No. 49 for construction of four one-story buildings totaling approximately 24,000 square feet. The proposed uses at the time included machine shops, specialty job shops, sales, repair, fabrication, industries, and contractor's service yards. Since construction, this site has been used for a variety of light industrial uses. Permit Adjustment No. 97-10 was approved in 1997 to allow construction of an outdoor equipment storage structure and Permit Adjustment No. 97-15 was approved in 1998 to install a rolling gate at the Spring Road driveway. The rolling gate was installed behind the front buildings and is not proposed to be changed. Conditional Use Permit No. 2007-09 was approved July 24, 2007 to allow motorcycle sales and service. If this CUP and AP is approved, these previous permits will continue to apply to the existing uses. Only new uses would be affected by this CUP and AP. There are no current code compliance cases on this property, although some property maintenance concerns have been discovered that are discussed later in this report. These concerns will need to be addressed prior to any future occupancy permits are issued. S:\Community Development\DEV PMTS\C U P\2012 12012-05 Larry Graves\Agenda Reports\PC Agenda Report 130122 docx 3 Honorable Planning Commission January 22, 2013 Page 3 GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Site I-1 Light Industrial M-1 Industrial Park Light Industrial C-OT Old Town C-OT Old Town Commercial and , North Non-Conforming Commercial Commercial Single Family_Residential H — High Density R-1 Single Family South Single Family Residential Residential Residential CPD Commercial East C-2 General Commercial Planned Development Human Services Center CPD Commercial West C-2 General Commercial lo Metrolink Parking Lot Planned Devepment General Plan and Zoning Consistency: The General Plan land use designation in the General Plan of "light industrial" is intended to provide for a wide range of industrial activities within a business park context. The Industrial Park (M-1) Zone requires Planning Commission approval of a CUP for automotive service uses. The Zone also requires an AP for certain industrial uses when within 100 feet of a residential zone. This allows for consideration of the compatibility of the proposed use with surrounding uses in making findings on the application, and adoption of conditions of approval as deemed necessary. Circulation: The site is accessed by a driveway at Spring Road. As discussed below, there are 4 parking spaces in the front setback, 2 on either side of the driveway. The site was originally approved with a circular driveway, with planters on either side of the driveway. This landscaping has been paved over. The internal circulation consists of a single two-way driveway with one row of parking and is not proposed to be changed. Ingress, egress, and internal circulation are discussed in detail in the analysis section below. Parking: Customer parking is provided on-site. A two-way driveway exists with one row of parking stalls aligned along the south property line. No modifications to the parking lot striping are proposed or anticipated at this time, however, due to a lack of long-term maintenance, a condition of approval has been added requiring that the parking lot be rehabilitated and restriped to the satisfaction of the Community Development Director. S:\Community Development\DEV PMTS\C Ii P'2012\2012-05 Larry Graves\Agenda Reports\PC Agenda Report 130122.docx 4 Honorable Planning Commission January 22, 2013 Page 4 The Municipal Code requires 1 parking space per 500 sq. ft. for light industrial uses. General automotive repair and service requires 1 space per 1,000 sq. ft. of display area plus 1 space per service bay, plus 1 space per 300 sq. ft. of office. The project was originally approved with 54 parking spaces, all along the southern boundary of the site. Currently, there are 48 parking spaces along the south property line and 4 parking spaces in the front setback on Spring Road. The applicant is proposing allowing for up to 10 new parking spaces on the west side of the property in the area currently used for outside storage. This area will not accommodate parking at 90 degrees like the rest of the site, due to a lack of back-up distance and landscaping. Any additional parking proposed in the future would have to meet code requirements. Also, as discussed in the analysis section below, required landscaping within the front setback has been paved over, and is currently being used for 4 parking spaces. At least one of these spaces must be removed and replaced with landscaping to meet setback requirements. The parking spaces on site are sufficient for the nature of the site. The parking requirements for general automotive repair are typical for "auto-row" buildings or stand-alone repair garages. In a mixed use environment such as this, repair facilities have negligible office space and display area. In this case, where these repair facilities are strictly just repair bays, the parking could be calculated using the "1 space per service bay" standard. With each rental space being about 1,000 square feet, it can be assumed that they would accommodate 2 service bays, therefore the parking could be calculated at the same rate as other light industrial uses, 1 space per 500 square feet. It appears that there is some automotive storage taking place in some of the parking spaces on site. This will have to be addressed prior to any future occupancy permits are issued. Landscaping: When the project was originally constructed, it was accompanied by an approved landscape and irrigation plan. Over time, landscaping within the front setback has been paved over and replaced with parking, and perimeter landscaping has been neglected. The perimeter landscaping is on the south side of the property, meant to provide a visual buffer to the adjacent residential property. Regardless of whether or not the applicant inaugurates this permit, the landscaping and parking lot must be restored in a manner satisfactory to the Community Development Director. This is discussed in detail in the analysis section below. Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): Automotive service uses are subject to an additional fee as part of the Business Registration to allow for inspections for compliance with stormwater quality regulations. S:\Community Development\DEV PMTS\C U P\2012\2012-05 Larry Graves\Agenda Reports\PC Agenda Report 130122.docx 5 Honorable Planning Commission January 22, 2013 Page 5 ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration: • Allowed Uses Under Conditional Use Permit • Allowed Uses Under Administrative Permit • Hours of Operation/Noise • Parking/Landscaping/Circulation Allowed Uses Under Conditional Use Permit The zoning ordinance describes specific uses that are permitted by Zoning Clearance, Administrative Permit, or Conditional Use Permit. The applicant's request is for a CUP to allow specified automotive uses and light manufacturing to be changed out without further discretionary review. It is important to specify specifically which uses would be covered under this permit. Allowed Uses Under Administrative Permit Warehousing and Welding are uses that are typically permitted with an AP in the M-1 Zone with typical conditions of approval. Since a CUP is a higher level permit than an AP, it would be appropriate to include these uses in this permit. There are other less typical uses that also require an AP that should remain with that requirement due to the fact that they may need additional conditions of approval. The table below shows the uses recommended by staff to be allowed under this CUP and AP, and clarifies those uses that should continue to have an independent level of review or not permitted. This table will be added as a condition of approval. 1. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and shock sales and installation, tune- Permitted ups and other light service and repair (with or without hydraulic lifts) under CUP 2012-05 b. Car washes, self-service or automatic with or without automotive Not Permitted services stations c. Engine rebuilding, transmission repair, steam cleaning, auto body, Separate CUP painting Required d. Parts and supplies Permitted under CUP 2012-05 e. Rental Permitted under CUP 2012-05 S:\Community Development\DEV PMTS\C U P\2012‘2012-05 Larry Graves\Agenda Reports\PC Agenda Report 130122.docx 6 Honorable Planning Commission January 22, 2013 Page 6 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 beer Not Permitted and wine sales for off-site consumption 2. Manufacturing and assembly including, but not limited to, Permitted appliances, cabinets, cleaners, clothing, computers, cosmetics, under CUP detergents, electronics, furniture, leather products, machinery, 2012-05 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 All other uses would continue to be governed by the requirements of the Zoning Ordinance. This includes uses such as Recreational Facilities, Private Training Facilities, and Wireless Telecommunication Facilities. Hours of Operation/Noise: DP No. 49 and the subsequent Conditional Use Permit do not currently address hours of operation. Given that the site is directly adjacent to a residential use, and additional noise generating uses could occupy the spaces, staff finds that there is a need to restrict hours of operation to ensure compatibility with surrounding uses. Appropriate hours of operation would be those that are consistent with the City's permitted construction hours of 7:00 a.m. to 7:00 p.m. with no Sunday hours. A condition of approval is recommended to this effect. Parking/Landscaping/Circulation: As mentioned above, the site is accessed by a single driveway at Spring Road. The site was originally approved with a circular driveway, with planters on either side of the driveway. This landscaping has been paved over and replaced with 4 parking spaces in the front setback, 2 on either side of the driveway. A condition of approval is recommended requiring that a landscaping and irrigation plan be submitted, with the landscaping in the front setback and within the parking lot restored in a manner satisfactory to the Community Development S:\Community Development\DEV PMTS\C U P'2012\2012-05 Larry Graves\Agenda Reports\PC Agenda Report 130122.docx 7 Honorable Planning Commission January 22, 2013 Page 7 Director. Additionally, the driveway must be restriped in a manner restricting turns to right turn in and right turn out only. The landscape planters and driveway redesign must include the proper commercial curb radii, satisfactory to the Community Development Director and City Engineer/Public Works Director. Currently, there are 48 parking spaces along the south property line and 4 parking spaces in the front setback on Spring Road. The applicant has proposed 10 new parking spaces on the west side of the property, but this area has traditionally been used as a storage yard and will not accommodate parking, due to a lack of back-up distance, and no area for landscaping. A condition of approval is recommended requiring revised parking plans, clearly showing this area as a storage yard. An additional condition is recommended requiring that any outdoor storage in this area cannot exceed the height of the existing block walls. The parking lot will be required to be restriped as well. Findings 1. 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. 2. 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. 3. 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. 4. 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. S:\Community Development\DEV PMTS\C U P\2012\2012-05 Larry Graves\Agenda Reports\PC Agenda Report 130122.docx 8 Honorable Planning Commission January 22, 2013 Page 8 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. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: October 18, 2012 Planning Commission Action Deadline: January 18, 2012 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. On November 20, 2012 the applicant granted an extension to the time limits required in the Permit Streamlining Act. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15301 (Class 1, Existing Facilities) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. S:\Community Development\DEV PMTS\C U P\2012\2012-05 Larry Graves\Agenda Reports\PC Agenda Report 130122.docx 9 Honorable Planning Commission January 22, 2013 Page 9 STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2013- approving Conditional Use Permit No. 2012-05 and Administrative Permit No 2012-15. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Site Plan 4. Draft PC Resolution with Conditions of Approval S:\Community Development\DEV PMTS\C U P\2012\2012-05 Larry Graves\Agenda Reports\PC Agenda Report 130122.docx 10 d 1 1 - 1 c ilac 4 PrIC4f CI _ rr _ 1 1 a SITE ;:. . -1--- _ •.._... ........ ........ ..._ . . ... _ . .. .. . . , .... .. _... .., , _ 1 _L____L_ __1___L ,, , , / __-----_ ______ ________ e Dorothy Ave �,--- - -- - .- - - , r----- '0 i TTT _____ . r- ya. 11 r rl Ruth Ave ____ .........„T„ 6 1 i I" Cam.: • • .tuar ty apprahar.Talakiss.c,owmar D4a.o pl.al Mao products 1 1 I f LOCATION MAP PC ATTACHMENT 1 11 I rI . a r 6IRFtgii al gg f s. pot A 1 F me .°�.. . ..,., ,�, - ,.,.«,gym_.».«..,�.,.:...a..: .C°"_: ;,w al fig. _ �' �. � SITE ' �` �'�' , : ....1; : ., , ., 4 . z : ' . , . roo . .r� ~[ °ea s es 'i. .'. ! It �I' ' 1....„:„ ,w q .' .7.7.i.-vi i, ,, ,:-."4- * !Ili, -,,, ..... ,t1.--, .. . ,A r a, '` mina rfiu h Ave AERIAL PHOTOGRAPH PC ATTACHMENT 2 12 Project Exhibits (UNDER SEPARATE COVER) A. Site Plan (UNDER SEPARATE COVER) COPIES OF THE EXHIBIT ARE AVAILABLE UPON REQUEST OF THE PROJECT PLANNER PC ATTACHMENT 3 13 RESOLUTION NO. PC-2013- 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 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. PC ATTACHMENT 4 14 Resolution No. PC-2013- 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: NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED this 22nd day of January, 2013. Kipp Landis, Chair David A. Bobardt, Community Development Director Exhibit A— Standard and Special Conditions of Approval \\DC1\Department Share\Community Development\DEV PMTS\C U P\201212012-05 Larry Graves\Resolutions\l 30122 PC Reso docx 15 Resolution No. PC-2013- 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. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2012\2012-05 Larry Graves\Resolutions\130122 PC Reso.docx 16 Resolution No. PC-2013- 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. \\DC1\Department Share\Community Development\DEV PMTS\C U P12012\2012-05 Larry Graves\Resolutions\1 30122 PC Reso.docx 17 Resolution No. PC-2013- 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 \\DC1\Department Share\Community Development\DEV PMTS\C U P\2012\2012-05 Larry Graves\Resolutions\130122 PC Reso.docx 18 Resolution No. PC-2013- 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- \\DC1\Department Share\Community Development\DEV PMTS\C U P\2012\2012-05 Larry Graves\Resolutions\130122 PC Reso.docx 19 MOORPARK,CALIFORNIA Planning Commission of . 2.2 . 2013 ACTION: APP r4W PI> JrAFF 12•P-Co MM CA-11011/4)• ITEM: 9.A. BY: T. 0E141 -€ _ MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development Director DATE: January 17, 2013 (PC Meeting of 1/22/2013) SUBJECT: Consider Regular Meeting Schedule, Time and Place BACKGROUND Municipal Code Section 2.36.080 and Section 12.1 of Resolution No. PC-2008-529 (Rules of Procedure for Commission Meetings and Related Functions and Activities), call for the Planning Commission to hold regular monthly or bi-monthly meetings as determined by the Commission. As this is the first meeting of 2013, it is appropriate to set the Planning Commission calendar for the year. Moorpark Municipal Code Section 2.36.100 deems a regular meeting to be one that is set by law, rule of the Planning Commission, or any regularly advertised public hearing. DISCUSSION Planning Commission regular meetings for the past eight years have been held the fourth Tuesday of each month, starting at 7:00 p.m. with additional special meetings as needed to accommodate heavier work loads, or to address Permit Streamlining Act constraints. Staff recommends that this schedule be maintained through 2013. A calendar reflecting this recommendation is attached. The calendar also indicates the dates of regularly scheduled City Council meetings for reference. STAFF RECOMMENDATION Approve the 2013 regular meeting schedule of the fourth Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799 Moorpark Avenue, Moorpark, CA 93021. ATTACHMENT: 1. Recommended Regular Planning Commission Meeting Calendar S:\Community Development\PLANNING COMMISSION\P C POLICIES\agenda reportsk2013\pc 130122 pc calendardoc 20 MOORPARK CITY COUNCIL AND COMMISSION 2013 REGULAR MEETING SCHEDULE JANUARY FEBRUARY MARCH MO ©©®©� • MO ®0M0� ® MO m© TH ©m •• •••• ■MII■•© =MI NM EMINE 10 EMI • ••• •••• 7 INSI ® 14 ® 10 ®®�®� 10 111111111111111 20 1111111111111111 ®®N 20 MEM Milli 20 NM ®�® 30 UUU UU ®®E■ UUUUUU 30 UUU••N APRIL MAY JUNE ® MO ©©©0EM • MO m©�0 SA ® MO m• ©©MM M•©®©©• •••• •• U...... M©© 10 M®® 1111111111111 10 I 111111111111111111111111 111111111111111111 20 111111111111151111111 III 10 M®®®® UUUUUUU IN 20 ®®®® NEM 20 MEI UM 30 MIME 11111111111 30 UU ®® ®®®U 30 EMI■■■ JULY AUGUST SEPTEMBER MO MO m©®0 SA ® MO m��0 SA M•©®•©• ..••••© m©©©©.© El 8 U10 limo ©©M®©M io io mow 11111111111111111 20 UUUUUUU 11111111111110 20 II ®® ®®®® UUUUUU ®®®®U®® ®M 30 UUU UU ®® 30 ® ® 30 M OCTOBER NOVEMBER DECEMBER ...11111.111 111.111111.111111 U...... M©©. 10 EMI ©.©••©• Mil 10 MEM ®M®II®I 10 M MINIM 20 ® 22 UU NM UUUUUUU MI MI 30 MN ®®®®®E 30 I 30 UUUUU CITY COUNCIL PLANNING COMMISSION PARKS &REC COMMISSION 1ST&3R0 Wednesdays 7:00 PM 4TH Tuesdays 7:00 PM 1ST Mondays 6:30 PM ARTS COMMISSION LIBRARY BOARD OVERSIGHT BOARD 3RD Tuesdays Quarterly 6:00 PM 2ND Tuesdays 6:00 PM 3RD Tuesdays 3:30 PM PC ATTACHMENT 1 21 MOORPARK,CALIFORNIA Planning Commission of 1.2.2.2013 ITEM 10.A. ACTION: APPROVrr, • MINUTES OF THE PLANNING COMMISSION BY: 1- OEI-ILVe, Moorpark, California November 27, 2012 A Regular Meeting of the Planning Commission of the City of Moorpark was held on November 27, 2012, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Landis called the meeting to order at 7:01 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner Di Cecco led the Pledge of Allegiance. 3. ROLL CALL: Present: Commissioner Di Cecco, Commissioner Groff, Commissioner Hamous, Vice Chair Gould, and Chair Landis. Staff Present: David Bobardt, Community Development Director; Joseph Fiss, Principal Planner; Freddy Carrillo, Assistant Planner I; and Joyce Figueroa, Administrative Assistant. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) A. Future Agenda Items i. CUP 2003-05 National Ready Mixed (Continued from August 26, 2009 to a date uncertain) ii. ZOA Reasonable Accommodation Ordinance 22 Minutes of the Planning Commission Moorpark, California Page 2 November 27, 2012 iii. ZOA Farm Worker Housing Ordinance iv. AB Properties New TTM v. ZOA Sign Ordinance Revision vi. Rescinding Toll Mazur DA, GPA, ZC Mr. Bobardt briefly discussed future agenda items. 8. PUBLIC HEARINGS: (next Resolution No. PC-2011-577) A. Consider Resolution Approving Conditional Use Permit No. 2012-06, to Allow a Tattoo and Cosmetic Tattoo Establishment at 300 Los Angeles Avenue, Suite 306, on the Application of David Dominguez (Sugar Free Tattoo). Staff Recommendation: 1) Open the public hearings accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC- 2012-577 approving Conditional Use Permit No. 2012-06 subiect to conditions of approval. (Staff: Freddy Carrillo) Mr. Carrillo gave the staff report. The Commission commended staff and were pleased on the time frame it took for the application to be presented to the Planning Commission in less than 60 days. Chair Landis opened the public hearing. David Dominguez, Sugar Free Tattoo, applicant, discussed the project and stated he was available to answer questions. A discussion following among Commissioners and Mr. Dominguez regarding: 1) whether he has seen and agreed with the Police Chiefs recommended conditions; 2) hours of operation; and 3) whether there was any push back from the church. Commissioner Hamous disclosed that he represented Mr. Dominguez on a different project at another location, however, did not have anything to do with this location. Joseph Nichols, Sugar Free Tattoo, co-owner, discussed the project and stated he was available to answer any questions. In response to Chair Landis, Mr. Bobardt stated there were no additional speaker cards or written cards. \\DC1\Department Share\Community Development\PLANNING COMMISSION\MINUTES\2012\2012 1127 draft.doc 23 Minutes of the Planning Commission Moorpark, California Page 3 November 27, 2012 Chair Landis closed the public hearing. A discussion followed among Commissioners who agreed that 1) this project is an allowed use for the zoning; 2) there are adequate parking spaces; 3) ingress/egress is fine; 4) no push back from the church or surrounding neighbors; and 5) support the project as it is proposed by the applicant. MOTION: Commissioner Di Cecco moved and Vice Chair Gould seconded a motion to approve staff recommendation, including adoption of Resolution No. PC 2012-577. The motion carried by unanimous voice vote. The Planning Commission has final approval authority for this project. B. Consider Resolution Approving Conditional Use Permit 2012-05, to Allow New Automotive Service Uses in an Existing Industrial Park at 555 Spring Road on the Application of Larry Graves for Matiliia Investment Property LLC. Staff Recommendation: 1) Open the public hearing and accept public testimony; and 2) Continue the item with the public hearing open to January 22, 2013 with no further public notice. (Staff: Joseph Fiss) Mr. Fiss stated that the applicant has requested a continuance of this item with the public hearing open to date certain of January 22, 2013, with no further public notice. Chair Landis opened the public hearing. In response to Chair Landis, Mr. Bobardt stated there were no speaker cards or written cards. MOTION: Commissioner Di Cecco moved and Vice Chair Gould seconded a motion to approve staff recommendation with public hearing open. The motion carried by unanimous voice vote. The Planning Commission has final approval authority for this project. 9. DISCUSSION ITEMS: A. Consider Cancellation of December 25, 2012 Regular Planning Commission Meeting. Staff Recommendation: Direct staff to post a notice of meeting cancellation for December 25, 2012. (Staff: David Bobardt) CONSENSUS: It was the consensus of the Commission to approve staff recommendation. \\DC1\Department Share\Community Development\PLANNING COMMISSION\MINUTES\2012\2012 1127 draft.doc 24 Minutes of the Planning Commission Moorpark, California Page4 November 27, 2012 10. CONSENT CALENDAR: MOTION: Commissioner Hamous moved and Vice Chair Gould seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. A. Consider Approval of the Regular Meeting Minutes of September 25, 2012. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Vice Chair Gould moved and Commissioner Di Cecco seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 7:14 p.m. Kipp Landis, Chair David A. Bobardt, Community Development Director \\DC1\Department Share\Community Development\PLANNING COMMISSION\MINUTES\2012\2012 1127 draft.doc 25