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HomeMy WebLinkAboutAGENDA REPORT 1991 0306 CC REG ITEM 08JPAUL W. LAWRASON JR. Mayor BERNARDO M. PEREZ Mayor Pro Tem SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk MOORPARK ITEM M E M O R A N D U M 6?, J STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: February 28, 1991 (CC meeting of March 6, 1991) SUBJECT: Status Report Regarding Coast Auto Salvage, 198 Lorraine Lane, Moorpark BACKGROUND Coast Auto Salvage is located on the south side of Los Angeles Avenue approximately 500 feet west of Spring Road. The use was initiated when the property was in the County and the zoning was industrial. The auto salvage and dismantling business was permitted under a CUP (Conditional Use Permit) which expired in May 1983. The sale of the auto parts did not require a CUP. DISCUSSION On September 3, 1985 the Director of Community Development presented and gave an overview of his report and outlined his recommendations. The owner of Coast Auto Salvage explained his operations, and requested permission from the council to continue using the property. After considerable discussion by the Council staff was directed to prepare an agreement between the City and Coast Auto Salvage, to provide that the salvage and dismantling portion of the business be abated, with a six -month time period for compliance. The twenty - four hour parking of trucks be allowed during the abatement period. 1 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 The motion was amend to provide that no new cars be brought onto the property for storage or dismantling, and no temporary parking of trucks be allowed, further, that the only business to be conducted at said location would be the storage and sale of parts only and that the storage area would be fenced and screened. The main motion, as amended was adopted by Council. (see attached copy) On September 16, 1985 the City Attorney reported to Council that rather than prepare an agreement, as instructed by the City Council at the last meeting, it was in the opinion of the City Attorney that a resolution setting forth the regulations be adopted. At that time the City presented the resolution to the City Council. It was moved by Council on this date that resolution 85 -227 be adopted. Resolution 85 -227 was adopted. (see attached copy) On March 30, 1988 I a request was made of the City Attorney's office to review Resolution 85 -227 on Coast Auto Salvage. The question to the City Attorney was whether they (Coast Auto Salvage) may legally store and sell auto parts on their property under the resolution. The Attorney's office concluded that; because of the resolution placed no time restrictions on the storage and sale of auto parts, Coast Auto Salvage may legally continue storing and selling auto parts on their 2.36 acre portion of the property designated in the resolution, that the resolution only restricts the auto salvage and dismantling business previously conducted on the property. Section 1 of the resolution mandates the removal of all salvage vehicles from the premises, and Section 3 restricts the parking of tow trucks on the property. Resolution No. 85 -227 actually indicates that Coast Auto Salvage may sell and store auto parts on the premises permanently. Under Section 2 of the Resolution, the sale of auto parts is expressly permitted on a 2.36 acre portion of the property. Section 2 also requires all outside storage areas to be "permanently" fenced and screened from public view from every abutting street and alley. CONCLUSION The implication of this provision is that the storage of auto parts may continue as long as the visual blight created by the storage is remedied. The auto salavage and dismantling business is not allowed on the property. On the other hand, nothing in the Resolution indicates that either the sale or storage of auto parts should have terminated as of March 1, 1986. On staff's last inspection the property was fenced and screened from public view. 2 RECOMMENDATION Receive and file this report. cc: Steven Kueny, City Manager Frank Mancino, Code Enforcement Officer Attachments: Copy of Resolution 85 -227 dated 9 -16 -85 Copy of City Council minutes of item 10.d dated 9 -3 -85 Copy of City Council minutes of item 8.b dated 9 -16 -85 RESOLUTION NO. 85- 227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RELATIVE TO COAST AUTO SALVAGE AT 198 LORRAINE LANE, MOORPARK. WHEREAS, Ronald W. Irlbeck, Bernard Golds and Norman J. Swartz are the owners of Coast Auto Salvage on the property at 198 Lorraine Lane, Moorpark, California; and WHEREAS, Coast Auto Salvage consists of an auto salvage and dismantling business, established by a conditional use permit which expired in May, 1983, and the sale of auto parts with ancillary outdoor storage, which is a legal nonconforming use; and WHEREAS, the owners of Coast Auto Salvage failed to cease operation of the auto salvage and dismantling business upon the expiration of the conditional use permit, so that the City of Moorpark had no recourse but to commence a code enforcement action to abate said business operation; and WHEREAS, in conjunction with said action,, the owners of Coast Auto Salvage requested that they be given six months to remove the large number of salvage vehicles from the property, be allowed to continue to use a 2.36 acre portion of the property, as shown on a plot plan submitted by the owners, for the sale of auto parts and ancillary outdoor storage, and be allowed to use the property to park trucks carrying disabled or abandoned vehicles, with ne truck being parked for a period to exceed 24 hours; and WHEREAS, the City Council heard the Coast Auto Salvage owners' request at a public meeting on September 3, 1985; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The auto salvage and dismantling business conducted on the property at 198 Lorraine Lane, Moorpark shall be abated as of the effective date of this resolution and at no time thereafter shall any salvage or dismantling operation be conducted on the property. All salvage vehicles that are on the property as of the effective date of this resolution shall be removed from said property on or before March 16, 1986 and, during the interim between the effective date of this resolution and March 16, 1986, no additional salvage vehicles shall be brought onto the property. The purpose is to allow the owners a reasonable period of time in which to remove the large number of salvage vehicles that are already on thc� property. SECTION 2. Commencing on the effective date of this resolution, the sale of auto parts, including the ancillary out -door storage, -shall -be_ conducted on t e 2.36 acre portion of the property at 198 Lorraine Lane that is shown on the plot plan submitted by the owners of Coast Auto Salvage. On or before November 1, 1985, all outside storage areas on said portion of the property shall be permanently fenced and screened from public view from every abutting public street and alley. SECTION 3. Commencing on the effective date of this resolution, no truck carrying any disabled or abandoned vehicles shall be permitted to park on any portion of the property for any period of time. The parking of such trucks is not a permitted use of the property, nor is it ancillary to any permitted use of the property. SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this resolution and the same shall take effect immediately thereafter. PASSED AND ADOPTED this 1.6 day of September , 1985. ATTEST: Mayor or the City of Moorpark, California -2- STATE- OF- CAL- %FORNIA---- -- - -- - --- - - - - -_ .. COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, DORIS D. BANKUS City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. _85 -227 was adopted by the City Council of City of Moorpark at a the regular meeting thereof held on the 16th day of September_ 19 85 the same w adopted dopted by the following roll call vote . and that AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, Weak and Mayor Prieto; NOES: None; ti ABSENT: None. WITNESS my hand and the official seal of said City this 16th day of September 19 85 City Clerk ��v 9 -3 -85 By general consent Item 10.D was considered at this time. 10.D. Coast Auto Salvaqe Operatin The Director of Community Development presented and gave an overview of his report dated September 3, 1985 and outlining his recommendations contained therein. Mr. Bernie Gold, owner of Coast Auto Salvage, addressed Council, explaining his operations, and requesting permission from the Council to use the property, in.addition to the sale of parts, for the purpose of parking trucks carrying vehicles for a period of not more than twenty -four hours, until the autos can be taken to his business location in Ventura. After consideration discussion, it was moved by Councilmember Yancy- Sutton and seconded by Councilmember Weak that staff be directed to prepare an agreement between the City and Coast Auto Salvage, to provide that the salvage and dismantling portion of the business be abated, with a six -month time period for compliance, and that the temporary parking of trucks for no more than twenty -four hours be allowed during the abatement period. After discussion it was moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried to amend the motion to provide that no new cars be brought onto the property for storage or dismantling, and no temporary parking of trucks be allowed; further, that the only business to be conducted at said location would be the storage and sale of parts only and that the storage area would be fenced and screened. The main motion, as amended, was then adopted by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 8.C. Resolution re Parking Restrictions in Tierra Rejada Road South of Los Angeles Avenue The City Engineer presented and reviewed his report dated. September 3, 1985, regarding the subject matter, and after discussion it was moved by Councilmember Yancy- Sutton and seconded by Council - member Woolard that Resolution No. 85 -222, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING "NO PARKING ANY TIME" ZONES AT VARIOUS LOCATIONS be adopted, that installation of the appropriate signs for the subject zones be authorized, and that the request for painted crosswalk on the east let of Charles Street at Moorpark Road be denied, which motion -8- 9 -16 -85 8.B. Ordinance re Park and Recreation fees for Apartment Houses and Mobilehome Parks The City Manager explained the purpose of the proposed ordinance providing for. imposition of park and recreation fees for apartment houses and mobilehome parks as a condition of the issuance of a building permit. The City Attorney then presented Ordinance No. 52, entitled: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE VENTURA COUNTY ORDINANCE CODE ADOPTED BY SAID CITY COUNCIL ON SEPTEMBER 21, 1983, BY ADDING SECTION 8802 RELATIVE TO PARK AND RECREATION FEES FOR APARTMENT HOUSES AND MOBILEHOME PARKS. It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried to waive further reading of said Ordinance No. 51, and declare the ordinance read for the first time. It was then moved by Councilember Yancy- Sutton and seconded by Councilmember Woolard that Ordinance No. 52, entitled as hereinabove set forth, be introduced, which motion carried by the following _0l_1 call vote: AYES: Councilmember Yancy- Sutton, Woolard, Ferguson, Weak and Mayor Prieto; NOES: None; ABSENT: None. 8.C. Resolution re Coast Auzo Salvage The City Attorney reported that rather, than prepare an agreement, as instructed by the City Council at its last meeting, regarding th; matt!17 of the Coast Auto Salvage operation at 198 Lorraine Lane, Moorpark, in her judgment it would be in the best interests o� the City to adopt a resolution setting forth the regulations, and she presented and reviewed the resolution fcr Council consideration. It was moved by Councilmember Yancy- Sutton and seconded by Council- member Woolard that Resolution No. 27.7, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RELATIVE TO COAST AUTO SALVAGE AT 198 LORRAINE LANE, MOORPARK. be adopted, which motion carried ny the following roll. call vote: AYES: Councilmember Yancy -- Sutton, Woolard; orgusuri, Weak anti Mayor Prieto; NOES: None: ABSENT: None. -6- PADRE SERRA CHURCH PROPOSED RFP SCHEDULE Mail out RFP 3 -4 -91 Due Back 4 -4 -91 Mail replies 4 -5 -91 out to Committee for review Committee Week of Review 4 -8 to 4 -12 -91 Committee 4- 18 -91. Recommendations Notice mailed to 4- 22 -91 applicants to make presentations Presentations to 5 -2 -91 Committee 5 -7 -91 Pastor's selection 5- 13 -91. and written notice to firm selected Contract Week of May 20th negotiations Sign contract Week of May 27th