HomeMy WebLinkAboutAGENDA REPORT 1995 0705 CC REG ITEM 11EAGIMA R=PORT
CITY OF MOORPARK
TO: Honorable City Council
FROM: Jaime Aguilera, Community Development Direc
DATE: 6/23/95 (CC meeting of 7/5/95)
ITEM lift J �
SUBJECT: Consider request by Mr. Saadallah ( "Smog Pro") regarding
use of his property at 347 Moorpark Ave. as a truck
rental yard and a recreational vehicle yard
Background
Staff received a complaint from a property owner in the vicinity of
the Smog Pro automotive repair shop on 10/14/94. Mr. Saadallah (the
business owner) was notified of the violation, and was informed
that he was obligated to remove the uses for the following reasons:
1. The R.V.storage use is not allowed in the C -2 zone.
2. The truck rental requires a Planning Commission Conditional
Use Permit.
The owner requested that the Economic Development Committee
(Hunter \Perez) review-his case because he alleged that the use was
legal non - conforming, that it was innocuous, that he was providing
a valuable community service, and that he had upgraded the property
from its previous condition. He also stated that his business could
not survive on the repair business alone (see attached letter) . The
Committee agreed to hear Mr. Saadallah's case and held a meeting on
4/25/95.
Staff reviewed the case for the Committee and informed them that
there was no official record that site had ever been used as a
truck rental yard, although we had been informed by a disinterested
third party that he recalled seeing the site used for truck rental.
In either case, Staff cited the zoning code as stating that the
legal- non - conforming use of the site would have long ago expired.
jra /smogpro.sr
001.7,2
The Committee was also informed by staff that the project site was
located in the area which will be the subject of the Downtown
Specific Plan. Staff believes this is relevant because the Plan
proposes to study and make recommendations regarding land use.
Staff indicated that an alternative to eliminating the truck rental
would be to allow the use to continue until the Plan is completed.
The plan will then have a recommendation on this type of use in
relation to the other types of current and proposed uses.
The Committee decided to inform Mr. Saadallah that the Committee
could not be of assistance to him in the manner he wished, that
only the City Council could make a decision which could have the
effect of forestalling code enforcement action for a lengthy period
of time. The Committee encouraged him to ask to have the Council
review his case.
Mr. Saadallah has requested that the Council review his situation
pursuant to his letter dated 5/10/95.
Staff has suspended code enforcement action at the site until Mr.
Saadallah's request is heard by the City Council. If the Council
should decide to allow the truck rental to continue until the
Downtown Specific Plan is completed, staff recommends that the
Council consider imposing the attached conditions (exhibit A).
Recommendation:
Direct staff as deemed appropriate
Attachments:
Mr. Saadallah's letter dated 5/10/95
Exhibit A
jra /smogpro.sr
00173
Exhibit A
Conditions of Approval in Consideration
of Request by "Smog Pro"
1. The applicant must apply for a Temporary Use Permit prior to
July 19, 1995.
2. Only one rental vehicle may be parked or otherwise located at
any one time east of the chain link fence which divides the
property.
3. All other rental vehicles (including trailers) must be located
west of the chain link fence.
4. All storage of recreational vehicles must cease. All vehicles
currently being stored on the site must be removed by July 31,
1995.
S. Any sign advertising the truck rental must be temporary in
nature, and must first be reviewed and approved by the
Director of Community Development.
6. The applicant must pay all permit and code enforcement costs
( $40.00 for the permit plus $435.00 for 5.5 hours of staff
time ) prior to issuance of the Temporary Use Permit.
jra /smogpro.sr
00174
Mr. Jaime Aguilera
City of Moorpark,
799 Moorpark Avenue
Moorpark, Ca, 93021
Dear Sir:
347 Moorpa,- Avenue
Moorpark,Ca 93021
May 10, 1995
In response to your letter, received last week, giving me until
June 1 to eliminate vital parts of my business, I would like to
present the following information for your review and that of the
Committee.
1. The rental service which operates from the site provides
a much needed service to the businesses and residents of the
city. The City receives tax money that would be spent in another
city as a result. The traffic from this operation is negligible
and the use of the property is simply an expansion of the gas
station service and repair operation which existed for decades in
this location.
2. The recreational vehicles which are on the property are
vehicles which I maintain and repair for the owners. There is
limited access and again the traffic is less than that the gas
station previously located here. The location is fenced and
locked and we have no intrusive lighting.
It is difficult to run a well maintained, responsible business on
this parcel, without total use of the land. There appears to be a
number of locations in the city, where land usage varies from
zoning. Since the city is about to have a downtown plan, I would
plead that I be allowed to continue in current use, at least
until the implementation of the Downtown Plan.
It is my goal to provide needed services to local residents and
business at reasonable cost, while providing for my family. We
feel that we can provide benefits to the city in return for the
hospitality.
Since I have had no opportunity to present my case to the
referenced committee it would be my pleasure to do so at their
convenience, if at all possible.
Thank y u
0
MAY" 95
00175