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HomeMy WebLinkAboutRES PC 2014 601 2014 1028 RESOLUTION NO. PC-2014-601 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) NO. 2014-07, TO ALLOW AN AUTOMOTIVE REPAIR SHOP AT 480 MOORPARK AVENUE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF JEFF MORRIS WHEREAS, on July 29, 2014, an application for Conditional Use Permit No. 2014-07 was filed by William Morris, Jr. to allow an auto repair shop at 480 Moorpark Avenue; and WHEREAS, at a duly noticed public hearing on September 23, 2014 and October 28, 2014, the Planning Commission considered the application for Conditional Use Permit (CUP) No. 2014-07, 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 on October 28, 2014 reached a decision on this matter; and WHEREAS, the Community Development Director has determined that the proposed project associated with CUP No. 2014-07 qualifies for a Class 1 categorical exemption under State CEQA Guidelines Section 15301 (Existing Facilities) in that CUP No. 2014-07 would allow an automotive repair shop on a site previously developed and used as an automotive 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. 2014-07 qualifies for a Class 1 categorical exemption under State CEQA Guidelines Section 15301 (Existing Facilities) in that CUP No. 2014-07 would allow an automotive repair shop on a site previously developed and used as an automotive 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. Resolution No. PC-2014-601 Page 2 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 automotive repair 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 service and repair 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 a light service and repair use where an auto repair shop is not unexpected and other auto repair 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 repair 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 repair shop including conditions that all work will take place inside the building and all vehicles under repair will be stored inside the service bays. 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 repair shop. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2014-07 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. Resolution No. PC-2014-601 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 Hamous, Landis, and Chair Groff NOES: Commissioner Gould ABSENT: Commissioner Di Cecco ABSTAIN: None PASSED AND ADOPTED this 28th day of October, 2014. Daniel Groff, Chair` /./ /%f— David A. Bobardt Community Development Director Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2014-601 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2014-07 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. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2014-07, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 3. This permit will be valid for ten (10) years from the date of final approval. Upon written request of the applicant at least sixty (60) days prior to the expiration of this permit, the Community Development Director may extend this permit an additional five (5) years if all conditions of approval have been met by the applicant. 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. The chain-link fence and gate located on the west and east sides of the property shall be replaced with decorative fencing and gate to the satisfaction of the Resolution No. PC-2014-601 Page 5 Community Development Director. Razor wire fencing and barbed wire fencing are not permitted. 6. Prior to issuance of a Zoning Clearance for a Building Permit, the applicant shall provide a color board to be reviewed and approved by the Community Development Director. 7. Prior to issuance of a Zoning Clearance for Occupancy, the applicant shall install an anti-graffiti coating to the building, and prior to installation, the applicant shall submit the proposed brand and application of the anti-graffiti coating for the review and approval of the Community Development Director. 8. Lighting is subject to review and approval by the Community Development Director and Police Chief and must comply with Chapter 17.30 of the Zoning Code. 9. 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. 10. Hours of operation shall be no earlier than 7:00 a.m. and no later than 7:00 p.m. Monday through Saturday. The Community Development Director shall have the authority to restrict hours of operation through a Permit Adjustment when in his/her opinion limits on hours of operations are necessary to maintain compatibility with adjacent uses. 11. 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 inside service bays. 12. No heavy service or repair such as auto body shop, painting, engine rebuilding, transmission repair, steam cleaning and other heavy services are allowed. 13. The vacant lot on First Street on the east side of the alley across from 480 Moorpark Avenue shall not be used in conjunction with the commercial use of this site. Parking or storage may not take place on this lot. 14. 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 driveway, street, or in the alley. All vehicles left overnight and on weekends (outside business hours), both operative and inoperative, must be parked inside the service bays. 15. Trash and recycling areas must be covered to the satisfaction of the Community Development Director and City Engineer/ Public Works Director. Resolution No. PC-2014-601 Page 6 16. 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. A sign program shall be required if four or more different tenants lease service bays. 17. Approval of a Zoning Clearance is required prior to the issuance of Building Permits. All contractors must have valid City of Moorpark Business Registrations. 18. Prior to issuance of a Zoning Clearance for Building Permits, the applicant shall provide plans to provide nine (9) parking spaces to City standards and to remove and relocate the driveway consistent with City and Caltrans standards. All improvements must be completed prior to issuance of a Zoning Clearance for occupancy. 19. Prior to issuance of Zoning Clearance for Building Permit, a landscaping plan shall be reviewed and approved by the Community Development Director and Parks and Recreation Director and must comply with City Landscaping Design Standards and Guidelines. 20. Prior to approval of Zoning Clearance for Building Permits, 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 -