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Home My WebLink AboutRES PC 2014 599 2014 0624 RESOLUTION NO. PC-2014-599 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) NO. 2014-05, TO ALLOW AN AUTO BODY SHOP WITHIN AN EXISTING AUTO REPAIR SHOP AT 5240 BONSAI STREET, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF MIR RAFIQ (ELITE AUTO REPAIR & BODY SHOP) WHEREAS, on April 29, 2014, an application for Conditional Use Permit No. 2014-05 was filed by Mir Rafiq, to allow an auto body shop in an existing 4,923 square- foot auto repair shop at 5240 Bonsai Street; and WHEREAS, at a duly noticed public hearing on June 24, 2014, the Planning Commission considered the application for Conditional Use Permit (CUP) No. 2014-05; and WHEREAS, at its meeting of June 24, 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 the proposed project associated with CUP No. 2014-05 qualifies for a Class 1 categorical exemption under State CEQA Guidelines Section 15301 (Existing Facilities) in that CUP No. 2014-05 would allow an auto body shop within an existing 4,923 square-foot auto repair shop, and this use as conditioned is consistent with the applicable general plan designation and all applicable general plan policies as well as with the 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: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the Community Development Director's determination that the proposed project associated with CUP No. 2014-05 qualifies for a Class 1 categorical exemption under State CEQA Guidelines Section 15301 (Existing Facilities) in that CUP No. 2014-05 would allow an auto body shop within an existing 4,923 square-foot auto Resolution No. PC-2014-599 Page 2 repair shop, and this use as conditioned is consistent with the applicable general plan designation and all applicable general plan policies as well as with the 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 Director'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 auto body shop use is consistent with the provisions of the General Plan, zoning ordinance, and any other applicable regulations, in that the property is planned, zoned, and developed for a variety of light industrial uses to take place within the building on site. 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 and other auto body shops have located in the vicinity. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that the auto body shop does not require any modification to the exterior of 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, including conditions that all work will take place inside the building, and all vehicles under repair will be stored inside the building. 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, including conditions that building ventilation be designed to accommodate the paint booth and that the applicant obtain all necessary permits from the Ventura County Air Pollution Control District. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2014-05 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. Resolution No. PC-2014-599 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 DiCecco, Gould, Landis, Hamous, and Chair Groff NOES: None ABSENT: None ABSTAIN: None PASSED AND ADOPTED this 24th day of June, 2014. ‘2, ,d)// Daniel Groff, Chair _V144/4i, David A. Bobardt Community Development Director Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2014-599 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2014-05 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, 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 applicable to Development Permit (DP) No. 347 and Administrative Permit No. 2013-13 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. 2014-05, 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. 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. Resolution No. PC-2014-599 Page 5 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 building during open hours of operation and may not be parked in spaces designated for other buildings, the driveway, or in the street. All vehicles left overnight and on weekends (outside business hours), both operative and inoperative, must be parked inside the building. 8. Prior to issuance of a Zoning Clearance for occupancy, the applicant shall submit a plan to the satisfaction of the Building Official demonstrating proper building ventilation during use of the paint booth. 9. Prior to issuance of a Building Permit for the paint booth, the applicant shall obtain a permit for the paint booth from the Ventura County Air Pollution Control District. 10. 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. 11. Approval of a Zoning Clearance is required prior to the issuance of Building Permits. All contractors must have valid City of Moorpark Business Registrations. 12. Prior to approval of final Building Permit inspection for the paint booth, the applicant shall provide a roof on the trash enclosure to prevent stormwater pollution with a design to the satisfaction of the Community Development Director. 13. Prior to approval of final Building Permit inspection for the paint booth, 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 -