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HomeMy WebLinkAboutAGENDA REPORT 1991 0918 CC REG ITEM 09HITEM 9. H, MOORPARK • 30RPARK, CALIFOl<ND\ 799 Moorpark Avenue Moorp~lfr eeU en~1 (805) 529-6864 To: From: Date: Subject: Background of_~~--199j_ ACTION:: , . / .. L !hrl.uiat14 th ttf!>/ lffe-(L MEMORAN~~4:1¾{,-=< Honorable City Council ~ Patrick J. Richards, Director of Community Development \ September 6, 1991 (CC meeting of 9-18-91) Auto Body and Painting Within Commercial Zones :.::::>ORPARK, CALIFORNIA City Council Meeting ot 1 /4,g 199L 7 ACTION: {/4i].<.AtJV t c.( ~f~ On July 17, 1991 the City Council approved Resolution 91-778 directing the Planning Commission to review the subject of allowing auto body repair and painting in the CPD or other Commercial Zones in the City. The Planning Commission reviewed this subject on August 5, 1991 and set August 19, 1991 as the date for a public hearing to be held. Discussion On August 19, 1991 the Planning Commission held the public hearing and adopted standards for auto body repair and painting in Commercial and Industrial Zones. These standards were approved on September 3, 1991 by Resolution No. 91-248 include allowing auto body and painting as a permitted use in the C-2, CPD, M-1 and M-2 Zones in existing facilities specifically approved for such use. Future auto body repair and painting uses proposed for facilities not designed for that specific use shall be evaluated by the Planning Commission to determine if a Conditional Use Permit is required. All auto body and painting uses must post and maintain a $ 1,000 deposit with the City to guarantee condition compliance. Staff maintains the position that allowing auto body repair and painting in the industrial zones with a conditional use permit is an appropriate use but it is not appropriate to allow this use in commercial zones where interface difficulties with adjacent residential areas and other neighboring commercial uses exist. Recommendation Approve the Planning Commission Resolution as modified by staff comments, and direct staff to prepare a revised Ordinance. cc: Auto Body Repair and Painting file Craig Malin, Assistant Planner Attachments: Resolution PC 91-248 (unsigned) July 26, 1991 Staff Report PAUL W. LAWRASON JR. Mayor Planning Commission minutes of 8-19-91 BERNARDO M. PEREZ Mayor Pro Tern SCOTT MONTGOMERY Council member ROY E. TALLEY JR. Councilmember JOHN E. WOZNIAK Councilmember ~---- ! MOORPARK ======-( \z ~ 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 ----- To: From: Date: Subject: Background Planning Commission ~ Patrick J. Richards, Director of Community Development~· · July 26, 1991 (PC meeting 8-5-91) Auto Body Repair and Painting within Commercial Zones On July 17, 1991 the City Council approved Resolution 91-778 directing the Planning Commission to review the subject of allowing auto body repair and painting in the CPD or other commercial zones within the City. This report contains staff research and the requirements of other selected cities in the county regarding auto body repair and painting uses. Discussion Auto body and painting uses are currently allowed in the City of Moorpark in the M-2 zone only, while auto repair is allowed in the C-2, CPD, M-1 and M-2 zones. The C-2 and C-P-D zones allow garages for the storage and repair of autos. The M-2 and M-3 zones allow motor vehicle repair garages, including body and painting shops. In addition, the city in the past, under the old Zoning Code, allowed auto body repair and painting in M-1 zones with a Conditional Use Permit (for example Studebaker and All Body). At the present time Moorpark has four establishments which perform auto body repair and painting. These are listed below: Pete's Auto Body/Painting All Body Studebaker Auto Body/Painting Pacific Coast Auto Body 480 Moorpark Ave 619 Fitch Ave. 5090 Goldman 5162 Goldman C-1 zone M-1 zone M-1 zone M-1 zone Pete's Autobody was established before incorporation when the property was zoned C-2. Currently it is a legal non-conforming use, and should it cease operation for a period of 180 days, then it would lose this status. Any future use would need to meet the standards of the current zoning. Pacific Coast Auto Body (approved 11-86), Studebaker (approved 11-86) and All Body (approved 5-88) were approved by the City with a Conditional Use Permit. PAUL W. LAWRASON JR. Mayor BERNARDO M. PEREZ Mayor Pro Tern SCOTT MONTGOMERY Councilmember ROY E. TALLEY JR. Councilmember JOHN E. WOZNIAK Councilmember Staff has contacted other cities in the county to determine what their requirements are for auto body repair and painting , and in which zones these uses are allowed. This information is presented in the chart below. A column is included which lists the requirements for auto body and painting in conjunction with a new car dealership. ~ Camarillo Fillmore Ojai Port Hueneme Santa Paula Simi Valley Thousand Oaks Ventura Zones Allowed Permit ReQuired M-1, M-2 permitted C-3 C.U.P. Mfg. only C.U.P. Mfg. only CPD,Cl,GI M-2 M-1, M-2 not allowed in the City C.U.P. S.U.P. S.U.P. permitted Dealer -Permit C.U.P. C.U.P. C.U.P. C.U.P. C.P.D(new) S.U.P.(used) S.U.P. permitted As can be seen from this chart, most of the other cities in the county do not allow bodywork or painting in commercial zones, and most require a Conditional Use Permit (or a Special Use Permit) before such a use can be allowed. All cities allow bodywork and painting as part of a new automobile dealership although the permit requirements differ. Recommendation That the Planning Commission recommend to the City Council that auto body repair and painting be permitted in the M-1 and M-2 zones only with an approved Industrial Planned Development Permit. Also, that the Commission recommend that auto body repair and painting be a permitted use within a new car dealership having an approved Commercial Planned Development Permit so long as such use is an accessory use to the dealership. Attachments: Resolution No. 91-778 c- RESOLUTION NO. PC-91-248 A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING AMENDMENT OF THE MOORPARK ZONING CODE TO ALLOW AUTO BODY REPAIR AND AUTO PAINTING IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONES SUBJECT TO A CONDITIONAL USE PERMIT WHEREAS, At a duly noticed public hearing on August 19, 1991 the Moorpark Planning Commission considered a proposed amendment to the Moorpark Municipal Code to revise Article 5 and Article 7 of Chapter 1 of Division 8 to allow auto body repair and painting in certain Commercial and Industrial zones; and WHEREAS, the Planning Commission after review and consideration of the information contained in the staff report dated July 26, 1991 concurs that the proposed amendment to the City Municipal Code will not have a significant effect on the environment and is exempt from CEQA under Class 5 of the State CEQA Guidelines; and WHEREAS, at it's meeting of August 19, 1991, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, closed the public hearing, and reached its decision; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Section 1. Pursuant to the prov1s1ons of the California Environmental Quality Act (CEQA), the Planning Commission concurs that the project is a Class 5 Categorical Exemption based on Section 15308 of the State CEQA Guidelines, and recommends that a Notice of Exemption be filed. Section 2. The Planning Commission hereby finds that adoption of a proposed ordinance revising Article 5 and Article 7 of Chapter 1 to Division 8 of the Moorpark Municipal Code to allow auto body repair and painting as a permitted use within the C-2, CPD, M-1 and M-2 Zones, subject to approval of a Conditional Use Permit, would serve to further protect the public health, safety and welfare. Section 3. The Planning Commission hereby finds that the proposed ordinance change would not result in an inconsistency with the City's General Plan. Section 4. The Planning Commission hereby recommends that 1) The City Council adopt an Ordinance to revise Article 5 and Article 7 of Chapter 1 of Division 8 of the Moorpark Municipal Code to allow auto body repair and painting in existing facilities designed for such purpose without any additional entitlement permit. 2) That future auto body repair and painting uses proposed for facilities not designed for that specific use in General Commercial (C-2), Commercial Planned Development (C-P- D), Industrial Park (M-1) and Limited Industrial (M-2) Zones shall be evaluated on a case by case basis by the Planning Commission to determine if a Conditional Use Permit is required. 3) All new auto body repair and painting uses must post and maintain a $1,000 deposit with the City to guarantee condition compliance. c-.-~ The action with the foregoing direction was approved by the following roll call vote: AYES: NOES: PASSED~ APPROVED and ADOPTED, THIS __ DAY OF __ _ CHAIRMAN PRESIDING: Michael H. Wesner ATTEST: ------------------------------- Celia La Fleur, Secretary 9. Planning Cc:mmission, City of .Mooraprk, California Minutes of August 19, 1991 Page -3- B. RESOLUTION NO. PC-91-247 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING DENIAL WITHOUT PREJUDICE TO THE CITY COUNCIL ON THE APPLICATION OF LDM-90-2 AND RPD-91-1 OF BIBO, INCORPORATED. ASSESSOR'S PARCEL NO. 506-0-02-48. Motion: Moved by Commissioner May second by Commissioner Brodsky to approve Resolution No. 247 recommending to the City Council denial with prejudice to the approval of LDM-90-2 and RPD-91-1 as proposed by BIBO, INC. Motion passed with a unanimous voice vote. PUBLIC HEARIN~ A. Applicant: Proposal: Location: City of Moorpark Amendment to the Zoning Code -Article 5 of Chapter 1, Section 8105-5. Proposed change to allow auto body repair and painting in commercial zones. Citywide Presented by the Director .. of Community Development. Reference: Staff Report dated--August 14, 1991. Commissioner May inquired as how auto retail was original permitted for the commercial use area. The Director responded that auto retail was permitted under the restrictions of a Conditional Use Permit. Commissioner Brodsky inquired about parking requirements and noise pollution. The Director replied that environmental concerns are addressed during the processing of an application for a Conditional Use Permit. On a case by case basis the CUP may be restricted by certain conditions, and by mitigation measures through the design of a future development. a:\91-8.19 Planning COJIIDlission, City of Mooraprk, California Minutes of August 19, 1991 Page -4- Testimony received by the following: Colin Velasquez, 476 W. Los Angeles Avenue, B-11, Moorpark, CA. Mr. Velasquez addressed the Commission by saying that Simi Valley and Thousand Oaks currently provides the same uses in commercial areas by way of a Special Use Permit. Mr. Velasquez went on to say that the facility at issue along with the original permit was heavily conditioned. No service bays were permitted to do any type of outside work at the facility. That the paint booth is self contained and had met environmental regulations. Commissioner May questioned how may bays were at the facility. Mr. Velasques responded 6 on the east, 6 on the west and 5 at the rear. Commissioner Torres noted that the original permit was conditioned to provide sound proofing because of the adjacent church facility. Mr. Velasquez stated that a block wall was constructed which exceeded for the required condition. PUBLIC HEARING CLOSED AT 7:47 P.M. Commissioner Torres stated that the Commercial Planned Development had previously been condition and that there was no need to require a CUP. Commissioner May concurred, and said that it should have been conditioned that no painting be provided in the bays. That there was no need for additional processing. Commissioner Brodsky recommended that staff requirement of the bonding condition remain. Motion: a:\91-8.19 Conunissioner Torres moved and Commissioner Miller second a motion to recommend to the City Council that the existing use remain in the existing zone. -That the zoning be amended to allow this _use in the Commercial Planned Development (CPD) zone, General Commercial (C-2). That no CUP be required and all new commercial development be reviewed on a case by case use. To provide a condition requiring $1,000 cash deposit and condition for maintaining the cash deposit of $1000. Motion passed with a unanimous voice vote.