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HomeMy WebLinkAboutAGENDA REPORT 1991 0918 CC REG ITEM 09HITEM 9 y. MOORPARK 799 Moorpark Avenue Moo park, California 93021 (805) 529 -6864 MEMORAN 7tIM To: Honorable City Council From: Patrick J. Richards, Director of Coml runny Development Date: September 6, 1991 (CC meeting of 9 18 -91) Subject: Auto Body and Painting Within ';ommercial Zones Background DOR ?ARK, CALICO7,.%A City Council Meefng of " S 199E ACTION: By On July 17, 1991 the City Council approved t,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 Coma °fission reviewed this subject on August 5, 1991 and set August 19, 1991 as the date for a pubs hearing to be held. Discussion On August 19, 1991 the Planning Commission held ttie public hearing and adopted standards for auto body repair and painting in Commercial anc Industrial Zones. These standards were approved on September 3, 1991 by Resolution W. 91 -248 include allowing auto body and painting as a permitted use in the C -2, CPD, K1 -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 b( evaluated by the Planning Commission to determine if a Conditional Use Permit is required. Ali auto body and painting uses must post and maintain a $ 1,000 deposit with the City to guararne, 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 )ut it is not appropriate to allow this use in commercial zones where interface difficulties w th adjacc nt residential areas and other neighboring commercial uses exist Recommendation Approve the Planning Commission Resolution as m, edified 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 Planning Commission minutes of 8 19 91 PAUL W LAWRASON JH RERNARDO M PERE,' SCOTT MONT1 )ME R ' HO" E TAI LEY JR JOHN E WOZNIAK Mayor Mayor Pro rerT Cou"( 11 -rer ber Councilmember Councilmember 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 CC)MMERCIAL AND INDUSTRIAL ZONES SUBJECT TO A CONDITIONPL USE PERMIT WHEREAS, At a duly noticed public hearing on August 19, 1991 the Moorpark Planning Commission cc nsidered 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 repa and painting in certain Commercial and Industrial zones; and WHEREAS, the Plannin,_ Commission after review and consideration of the information cont�i ned in the staff report dated July 26, 1991 concurs that the proposed an endment to the City Municipal Code will not have a significant effect on e environment and is exempt from CEQA under Class 5 of the State CE( )A ;uideiir , -)s; and WHEREAS, at it's meeting of August 19, 1991, the Planning Commission opened the public hear ig, tooK testimony from all those wishing to testify, closed the public it- it ng reached its decision; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOV, > Section 1. Pursuant tc the provisions of the California Environmental Quality Act (CEQA), ti( Planning Commission concurs that the project is a Class 5 Categorical E, emption based on Section 15308 of the State CEQA Guidelines, and recorr, ends tr'at a Notice of Exemption be filed. Section 2. The Planning Cc iimission hereby finds that adoption of a proposed ordinance revising Artic e `i and Article 7 of Chapter 1 to Division 8 of the Moorpark Municipa ocle to allow auto body repair and painting as a permitted use within 'I - C '',PD, 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 no, result n 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 fac litres designed for such purpose without any additional entitlement perr-iit 2) That future auto body repair and painting uses proposed for facil ties not designed for that specific use in General Commercial (C -2), Commercia� Planned Development (C -P- D), Industrial Park (M -1) and Limited Industrial (M -2) Zones shall be evaluated on a case by case bast by the Planning Commission to determine if a Conditional Use Perini* is required. 3) All new auto body repair and painting uses must post arw maintain a $1,000 deposit with the City to guarantee condition compliancy The action with the foregoing directio, was aF:)proved by the following roll call vote.- AYES: NOES: PASSED APPROVED and A[ OPTED. THIS DAY OF CHAIRMAN, PRESIDING: -- _ _- - - - - -- --._._--------- - - - -- Michael H Wesne, ATTEST: Celia La Fleur, Secretary MOORPARK 799 Moorpark Avenue M )rpark C;, 3 itornia 93021 (805) 529 -6864 To: Planning Commission From: Patrick J. Richards, Director of Cor 7munity Development Date: July 26, 1991 (PC meeting 8 -5 -, 1) Subject: Auto Body Repair and Painting within Commercial Zones Background 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 be dy repair -arid painting uses. Discussion Auto body and painting uses are currently allowed while auto repair is allowed in the C -2, CPD, M allow garages for the storage and repair of autos. repair garages, including body and painting shops Zoning Code, allowed auto body repair and paintin (for example Studebaker and All Body). n the City of Moorpark in the M -2 zone only, and M­2 zones. The C -2 and C -P -D zones The M 2 and M -3 zones allow motor vehicle in addition, the city in the past, under the old in M -1 vanes with a Conditional Use Permit At the present time Moorpark has four establist news wh ch 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 V)orpark A\.e C -1 zone 619 F ch Ave M -1 zone 5090 1 aoldrnan M -1 zone 5`61 1 aoldmai M 1 zone Pete's Autobody was established before incorp ration Currently it is a legal non - conforming use, and st ouid it days, then it would lose this status. Any future u e woe current zoning. Pacific Coast Auto Body (appr( ved t and All Body (approved 5 -88) were approved UL N l ["t :r F;i;; . . r [ -i[ ? w -an the property was zoned C -2. r ,,ase operation for a period of 180 ,Id reed to meet the standards of the 8� ), Studebaker (approved 11 -86) Conditiona Use Permit. E - Firs E arOL'd..� Staff has contacted other cities in the county to o +?termine what their requirements are for auto body repair and painting , and in which zones ilese uses are allowed. This information is presented in the chart below. A column is includsd which lists the requirements for auto body and painting in conjunction with a new car dealers'+ ip Qj Y Zones Allowed Permit Requi r� Camarillo M -1, M -2 permitted Fillmore C -3 C.0 F Ojai Mfg. only C.0 F Port Hueneme not allowed n the City Santa Paula Mfg. only C.0 F Simi Valley CPD, Cl, GI S.0 F Thousand Oaks M - 2 S U F' Ventura M-1,, M -2 perm led 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 :ities in the county do not allow bodywork or painting in commercial zones, and most require i Conditional Use Permit (or a Special Use Permit) before such a use can be allowed. All cites allow bodywork and painting as part of a new automobile dealership although the permit r�: ,uiremenl! differ.. Recommendation That the Planning Commission recommend to the -ity 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 tha 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 dealerst ip. Attachments: Resolution No. 91 -778 Planning Commission, City of Mooraprk, California Minutes of August. 19, 1991 _..._ Page -3- B. RESOLUTION NO. PC- 91 -24' 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 -9(. -2 and RPD -91 -1 as proposed by BIBO, INC. Motion passed with a unanimous voice vote. 9. PUBLIC HEARINGS A. Applicant: City of Moorpark Proposal: Amendmenw to the Zoning Code - Article 5 of Chapter 1, Section 8105 -5. Proposed change to allow auto body repair and painting in commercial zones. Location: Citywide Presented by the Director of Community Development. Reference: Staff Report date(i August 14, 1991. Commissioner May inquired as how auto retail was original permitted for the commercial ise area. The Director responded that auto retail was permitted under the restrictions of a Conditional Use Permit. Commissioner Brodsky inquire about: parking requirements and noise pollution. The Director replied that env.ronmental 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 initigation measures through the design of a future development. a: \91 -8.19 Planning Commission, City of Mooraprk, California Minutes of Auqust 19, 1991 Page -4- Testimony received by the f(;llowing: 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 heav:;-ly 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 f-)r the required condition. PUBLIC HEARING CLOSED AT 7:47 P.M. Commissioner Torres stated that the Commercial Planned Development had previously boen 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 additi >nal_ processing. Commissioner Brodsky recommer: pied that staff requirement of the bonding condition remain. Motion: Commissioner Torres moved and Commissioner Miller second a motion t(: 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 cc,idition for maintaining the cash deposit of $1000. Motion passed w.it:h unanimous voice vote. a: \91 -8.19