Loading...
HomeMy WebLinkAboutAGENDA REPORT 1993 1020 CC REG ITEM 08C 7/2_ /or -) ITEM • AGENDA REPORT TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Development /- Prepared by Paul Porter, Senior Planner DATE: September 27, 1993 (CC meeting of October 20, 1993) SUBJECT: PLANNED DEVELOPMENT PERMIT NO. 1066, MINOR MODIFICATION NO. 4 (CUSHMAN) Background On January 20, 1988, the City Council approved Resolution No. 88- 444 conditionally approving Planned Development Permit No. 1066 for a car wash and automobile repair center. On June 25, 1991 Minor Modification No. 1 was approved for modification of the landscape plans to reflect a revised landscape plan resulting from the applicant cutting down 11 of 17 trees located on the project site that were originally required to be saved on the parcel . The minor modification also required the applicant to replace the removed trees and limited the hours of operation of the entire site on Sunday to begin no earlier than 12 :00 noon. Minor Modification No. 2 was approved for construction of a 68' by 25' canopy over the gas pumps on December 11, 991. Minor Modification No. 3 was approved on August 18, 1992 for construction of a 225 sq. ft. office addition, modification of the sign program for construction of a 19 .996 ' high by 8' wide internally illuminated monument sign with 54 sq. ft. of sign area and the installation of two internally illuminated 24 ' high "Texaco" signs on the canopy face. In addition, the Minor Modification was approved for construction of a 225 sq. ft. second floor office addition. Discussion On September 22, 1993, the applicant applied for Minor Modification No. 4 to the Planned Development Permit requesting removal of the restrictions that were imposed as a condition of approval for Minor Modification No. 1 to PD 1066 that limited the hours of operation on Sunday from 12:00 noon to 7:00 p.m. This condition states as follows: "Limit Sunday hours of operation of the entire site to begin no earlier than 12 :00 noon. This limitation on Sunday hours of operation will remain in effect only as long as the adjacent property is a church. A future Minor Modification would be the vehicle for a request to change the hours of operation in this circumstance. " MOOPPA!IC 0'--- r. /p/a.eiJp3 PP09:27:93/11:17amA:\PD1066.MM9 1 The applicant stated in his letter dated September 20, 1993 that the limited hours of operation on Sundays was based on the supposition that the operation would generate sufficient noise to disturb the worship services at the church located to the south of the car wash and that increasing the hours of operation on Sundays would enhance the City of Moorpark by generating additional jobs and providing better services for the residents, and that "it is time for City Hall to work with businesses and quit thinking of businesses as the enemy" . Staff Comments Staff has denied this Minor Modification on the basis that regulating the hours on Sunday is necessary for public safety and compatibility with the surrounding church. The imposition of the restriction of limiting the hours of operation of the entire site to begin no earlier that 12:00 noon on Sunday was to remain in effect only as long as the adjacent property is a church. Staff will not approve a change in the hour of the operation on Sunday because this condition was originally placed on the operation to insure compatibility with the church activities and the adjacent property continues to be used as a church. Therefore, staff finds that there are insufficient reasons to approve Minor Modification No. 4 . The Director of Community Development has reviewed the proposed Minor Modification and denied it on October 6, 1993 . Pursuant to Resolution No. 88-523, the Director has the authority to deny Minor Modifications . This matter is being presented to the City Council as a courtesy. In the event the City Council wishes to appeal the Director's decision to deny this Minor Modification, it may do so. The last day to file an appeal is October 22, 1993. Should the City Council desire to appeal, it should set a public hearing date. The next available meeting date would be the regular meeting of November 17, 1993. If the City Council takes no action, the Director's decision will stand. Recommendation Receive and file the report. Attachments: 1. Minor Modification No. 4 Denial Letter 2 . Letter from applicant dated September 20, 1993. PP09:27:93/11:27amA:\PD1066.24144 2 °0a. MOORPARK -v ' 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 oleo :% CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT DENIAL OF A MINOR MODIFICATION October 6, 1993 Minor Modification No. 4 for Planned Development Permit No. 1066 has been denied by the Director of Community Development on October 6, 1993 . Filed by: Thomas Cushman 75 South Park Lane Moorpark, California 93021 Address/Location: 75 South Park Lane Moorpark, California 93021 Assessor's Parcel No. 506-0-050-14 For: Removal of the restrictions that were imposed limiting the hours of operation on Sunday for the entire site to begin no earlier than 12:00 noon. California Environmental Quality Act (CEQA) Compliance: This Department has reviewed the project to ascertain if there will be a significant effect on the environment. It has been determined that this project is categorically exempt from CEQA requirements as a Class 1 exemption for minor alterations. Ordinance Compliance and Findings: Based upon the information and findings developed by staff, it has been determined that this application does not meet the requirements of Moorpark Ordinance Code Section 8111-2 . 1.2 - Permit Standards, in that: a. The Minor Modification is not compatible with the character of surrounding development; b. The proposed Minor Modification is harmful to and impairs the utility of neighboring church; c. The Modification is detrimental to the, safety, convenience, and welfare to the existing church use located to the south of the existing use. d. That the conditions that precipitated the restrictions of the hours of operation remain unchanged. PP09:28:93/4:12pmA:\MIMMOD4.APR 1 PAUL W.LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M.PEREZ JOHN E.WOZNIAK Mayor Mayor Pro Tem Coundlmember Coundlmember Counalmember Pdreed on Recycled Paper Appeals: As stated in Section 8111-8, within 16 calendar days after the permit has been approved, conditionally approved or denied, any aggrieved person may file an appeal of the approval, conditional approval or denial with the Community Development Department who shall set a hearing date before the City Council to review the matter at the earliest convenient date. CITY OF MOORPARK J- :- 'Aguilera, Director • Community Development Date: October 6, 1993 cc. Paul Porter, Senior Planner PD 1066 Minor Modification No. 4 File Chroni File PP09:28:93/4:12pmA:\MIRMOD4.APR 2 MDC)2PA2L CAA CA2f8 Into 75 S. Park Lane Moorpark, CA 93021 (805) 523-2915 September 20, 1993 City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 To whom it may consern. We are requesting the city's approval of a Minor Modification removing the restrictions that were imposed during construction which limited Sundays hours of operation for PD 1066. The original condition stated; Hours of operation shall be limited to 7:00 A. M. to 7:00 P.M. The Car Wash is constructed on land that is zoned for this purpose. The limited hours were imposed based on fear that the center might generate to much noise, but it has been demostrated that this is not the case and that the measures taken by the center towards noise attenuation are more then satisfactory. We believe approving this Minor Modification would enhance the City of Moorpark by generating more jobs and providing better services for the residents of Moorpark. (Please note: it has been a common request by the residents of Moorpark that we open on Sunday mornings). It's time for City Hall to try to work with business and quite thinking of business as the enemy. Thank you for your consideration and help in approving this modification, Sincerely, Thomas Cushman President, Park Lane Car Wash