Loading...
HomeMy WebLinkAboutAGENDA REPORT 2018 0117 CCSA REG ITEM 09D ITEM 9.D. CITY OF MOORPARK,CALIFORNIA Clay Council Meeting off /7. g0/ ACTION;�. lam, . BY: MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Joseph Fiss, Planning Manage OF 11,10 DATE: January 11, 2017 (CC Meeting •f 1/17/2018) SUBJECT: Consider Resolution Approving a Three-Year Extension of Conditional Use Permit (CUP) No. 2012-03, to Allow the Continued Use of the 6.82 Acre Site at 4875 Spring Road for an Outdoor Recreational Vehicle Storage Facility, on the Application of Don Duncan (for Moorpark RV Storage) BACKGROUND On March 20, 2013, the City Council adopted Resolution No. 2013-3165 (Attachment No. 1), approving a Conditional Use .Permit (CUP).to allow an outdoor recreational vehicle storage facility at 4875 Spring Road. As part of the decision, a condition of approval was included requiring all recreational vehicle and outdoor storage allowed by the CUP to cease by February 20, 2018, and requiring the site to be restored or • converted to a conforming use. A provision was included in the permit allowing the City Council to extend the term of the Conditional Use Permit by five years to February 20, 2023, if the City Council finds the use to be in conformance with all conditions of approval. On May 11, 2017, Don Duncan, on behalf of Moorpark RV and Storage, requested a 5-year extension of this Conditional Use Permit. DISCUSSION When this CUP was approved, the City Council found, in accordance with City of Moorpark, Municipal Code Section 17.52.060(C)(2), that the existing recreational vehicle storage yard use, with no changes in proposed operations and with the incorporated conditions of approval would have no greater impact than the previous nonconforming contractor's storage yard. In addition, it was determined that recreational vehicle storge was similar in use to the previously existing contractor's storage yard, and would not be considered an expansion of the previous contractor's storage yard. \\DC1\Department Share\Community Development\DEV PMTS\C U P12012\2012-03 Moorpark RV and Storage\5 year Extension\City Council Extension Approval.docx 6 2 Honorable City Council January 17, 2018 Page 2 On December 6, 2017, the City Council approved a General Plan Amendment, Zone Change, Tentative Tract Map, and Residential Planned Development Permit to develop this site and an adjacent site, with 95 condominium units. Once improvement of the site begins, the RV storage use, as approved by the Conditional Use Permit, would cease. The applicant has requested this extension because it is not expected that the proposed project would be ready for construction by February 20, 2018. A three year extension, with an option for an additional two year extension of the CUP is appropriate at this time as this timeframe should be sufficient to commence development of a project conforming with the approved entitlements. STAFF RECOMMENDATION Adopt a resolution approving a three-year extension of Conditional Use Permit (CUP) No. 2012-03 to February 20, 2021, with the right for the applicant to apply for an extension of up to two years. Attachments: 1. Draft Resolution 2. Resolution No. 2013-3165 • 63 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING A THREE-YEAR EXTENSION OF CONDITIONAL USE PERMIT (CUP) NO. 2012-03, TO ALLOW THE CONTINUED USE OF THE 6.82 ACRE SITE AT 4875 SPRING ROAD FOR AN OUTDOOR RECREATIONAL VEHICLE STORAGE FACILITY, ON THE APPLICATION OF DON DUNCAN (FOR MOORPARK RV STORAGE) WHEREAS, On March 20, 2013, the City Council adopted Resolution No. 2013- 3165 (Attachment No. 1), approving a Conditional Use Permit (CUP) to allow an outdoor recreational vehicle storage facility at 4875 Spring Road for a five year term, to February 20, 2018; and WHEREAS, a provision was included in the permit (Special Condition of Approval No. 16) allowing the City Council to extend the term of the Conditional Use Permit; and WHEREAS, on May 11., 2017, Don Duncan, on behalf of Moorpark RV and Storage, requested an extension of this Conditional Use Permit; and WHEREAS, at its meeting of January 17, 2018, the City Council considered the agenda report and any supplements thereto and reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves a three-year extension. of Conditional Use Permit (CUP) No. 2012-03 to February 20, 2021, with the right for the applicant to apply for an extension of up to two years. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 17th day of January, 2018. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk CC ATTACHMENT 1 64 RESOLUTION NO. 2013-3165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2012-03 TO ALLOW AN OUTDOOR RECREATIONAL VEHICLE STORAGE FACILITY AT 4875 SPRING ROAD, ON THE APPLICATION OF BANNY ANDERSON (FOR MOORPARK RV AND STORAGE) WHEREAS, at a duly noticed public hearing held on September 19, 2012, October 17, 2012, December 5, 2012, January 16, 2013, February 20, 2013, March 6, 2013, and March 20, 2013, the City Council considered Conditional Use Permit (CUP) No. 2012-03 on the application of Banny Anderson (for Moorpark RV and Storage) to allow an outdoor recreational vehicle storage facility at 4875 Spring Road; and WHEREAS, at its meetings of September 19, 2012, October 17, 2012, December 5, 2012, January 16, 2013, February 20 2013, March 6, 2013, and March 20, 2013, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Community Development Director has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2012-03 and related approvals allows for the continuation of an existing recreational vehicle storage use of the property with no expansion oraddition to the use or its operation on the property. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The City Council has reviewed the Community Development Department's determination of exemption, and based on its own independent judgment, concurs in staffs determination of exemption. SECTION 2. CHANGE OF NONCONFORMING USE FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council finds in accordance with City of Moorpark, Municipal Code Section 17.52.060(C)(2) that the existing recreational vehicle storage yard use, with no changes in proposed operations and with special and standard conditions of approval incorporated as shown in Exhibit A, would have no greater impact than the previous nonconforming contractor's storage yard, that it is similar in use to the contractor's storage yard, and it is not considered an expansion of the previous contractor's storage yard. CC ATTACHMENT 2 65 • Resolution No. 2013-3165 Page 2 SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: • 1. The proposed continuation of the recreational vehicle storage use as conditioned is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that the City Council has determined that this use will have no greater impact than the previous nonconforming contractors storage yard use, is similar to the previous nonconforming contractor's storage yard use, is not considered as an expansion of the previous nonconforming contractor's storage yard use, and is conditioned to have a term of 5 years with one possible 5-year extension; 2. The proposed continuation of the recreational vehicle storage use as conditioned is compatible with both existing and permitted land uses in the surrounding area in that conditions of approval including landscaping and removal and/or screening of razor wire and barbed wire have been included to mitigate impacts on neighboring land uses; 3. The proposed continuation of the recreational vehicle storage use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the site as a result of the application other than enhanced landscaping and removal and/or screening of razor wire and barbed wire, which would improve the compatibility of the proposed use with the scale, visual character, and design of surrounding properties; 4. The proposed continuation of the recreational vehicle storage use as conditioned would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been included so that the barbed wire and razor wire will be removed when the adjacent residential property west of the project site is developed and the barbed wire and razor wire along the Spring Road frontage will either be removed or screened from view; and 5. The proposed continuation of the recreational vehicle storage use without any vesting right to the use beyond the termination date with conditions of approval including a maximum 5-year term with one possible 5-year extension, enhanced landscaping, and removal and/or screening of the barbed wire and razor wire with removal at the end of the use ensure that the use would not be detrimental to the public health, safety, convenience, or welfare. 66 Resolution No. 2013-3165 Page 3 SECTION 4. CITY COUNCIL APPROVAL: the City Council hereby approves Conditional Use Permit No. 2012-03 for a five (5) year period ending March 20, 2018, with the right for the applicant to apply for another five (5) year extension, subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 5. EFFECTIVE DATE: The City Council's Approval of Conditional Use Permit No. 2012-03 shall not become effective unless and until the applicant signs an Affidavit of Acceptance of the terms and conditions of Conditional Use Permit No. •2012-03. If the applicant does not sign and submit to the City a signed and notarized Affidavit of Acceptance within thirty (30) days of City Council approval of Conditional Use Permit No. 2012-03, the City Council approval action becomes null and void. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of March, 2013. Alq?,14rkrt2 eice S. Parvin, Mayor ATTEST: o�P..p.��q� •~�`2 Maureen Benson, City Clerk *or Exhibit A— Standard and Special Conditions of Approval 67 89 •uol;lpuoo sly; o;;uensand seeAoidwa pue saaoillo 's;ua6e s;l JO A;Io ay; ssalwwey ploy pue A;Iuwepui `puajap o; alglsuodsei eq aa};eaaay; lou Heys ;ueolldde ay; `esueeep ay; U! Ann! a;eied000 o; Del ploys JO os op o; Ilei pinup Apo ay;JI pue '6ulpaaooad JO uol;oe 'wlelo yons i(ue jo ;ueolldde ay; Ayou ii;dwoad Hp Apo ayl •aapoys sl aanayo!gM '60099 uo!;oaS apoo ;uawu10no0 elwoOlie0 JO 917601. uo!;3eS aanpeooad 11n10 }o apo elwo4Ile3 ul aao18a91; pepinoad poled awl; ay; u igm 1g6noJq Si 6ulpaaooad Jo uol;oe `wlep yolyM ';lwaed ay; 6upeouoo seeAoldwe JO 'saaol}.Jo 's;ua6e `suolsslwwoo 's;uewpedep `sepue6e s;l jo i(ue ao Apo ay;Aq lenoidde Aue inuue JO 'plon 'apse las glosso; seeAoldwa JO saao!go 's;ua6e s;l JO An ay; ;sule6e 6ulpaaooad JO uol;oe 'pep Aue woa} seeAoldwe pue amp) 's;ua6e s;I pue Apo ay; SSalwaey ploy pue i(}luwapul `pueJep.Ilegs ;ueolldde ay1 •c, •;lwaad sly;Aq pepage Apedoad ay; uo an000 Aew 1Ol1M suol;eloln i(ue o; ;oadsaa y;IM epo0 ledplunV ay; 6upao;ue woJJ AI0 eq; sapnpaad lenoJddy }o suol;Ipuo3 s;l JO ;Iwaed sly; uI 6uly;oN •Aoue6e le;uewweno6 pezlaoy;ne ue Jo wept)JO suol;eln6aa JO salna in;nnelun Aue JO Mel }o uol;eloln Aue 6uuinbaa JO Bui}}Iuued se pa;aadaa;ul eq lou Aew ;uewei;l;ue sly; ;o suol;lpuoo •sueid UO UMOys eq dew yolyM am ay; pue suogoes leo!clA; `suolsuewlp `suol;eogpads `suol;e;ou 6ul;oll}uoo He apesiedns lenoJdde-;Iwaad ay; jo awl; ay; ;e salollod Apo pa;dope pue woo ledpolunlN ilaedaooiN to Apo ';Iuwad sly; Jo lenoaddy jo suol;lpuo0 ay1 'Z ;!uuad s!y4 JO suompuoo lie jo eoue;deooe eq of paweep sl ;piaci slq;aepun suogeaado ao/pue uogona;suoo Jo ;uawaouewwoo ao/pue puled sly; Jo eoue;daooe s jueolldde a41 SNOIIIONOO 1VI33dS •Aidde Heys uol;Ipuo3 Roads ay; 'lenoaddy }o uol;Ipuoo leloads pue paepue;S a ueeM eq ;o!IJuoo ;o ;uena ay; ui -le/middy jo suol;lpuo0 leloads 6u!Mollo; ay; Aq pajipow se ;daoxa '(8 ;Iglyx3) 66LZ-600Z '0N uognlosa l Hounoo Apo Aq pa;dope se wind asf leUol;lpuo0 a04 lenoaddy Jo suol;lpuo0 paepue;s 144!M Aidwoo Heys ;ueolldde ata 1VAO21ddV d0 SNOIIIONOO a21vaNd1S £0-ZIOZ '°N (dno)IIIN213d 3Sf11VNOIlIaN00 210d 1VA021ddV AO SN01110NOO 1VIO3dS ONV a21HaNv1S V 11SIHX3 a6ed 99 4£-£60Z •oN uol;niosa21 Resolution No. 2013-3165 Page 5 a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 6. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 7. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2012-03, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking or vehicle storage layout shall require review and approval by the Community Development Director. Storage in the yard shall be limited to recreational vehicles, including motor homes, travel trailers, boats and personal watercraft on trailers, and off- road vehicles on trailers intended for personal (non-commercial) use. Storage containers not used for the operation and maintenance of the recreational vehicle storage yard, inoperable vehicles, and commercial vehicles shall be removed from the site within one-hundred and eighty (180) days of the issuance of this Conditional Use Permit. 8. Landscaping shall be provided and continuously maintained in the area between the wall adjacent to Spring Road and the sidewalk. If the razor/barbed wire along the Spring Road frontage is to be maintained by the applicant for the duration of this permit, plant materials shall be of sufficient size and spacing to provide rapid screening of the razor wire and barbed wire so that it would not be visible from the public right-of-way. If the razor wire and barbed wire is removed in this area, only ground cover is necessary between the wall'and sidewalk. Within thirty(30) days of approval, a landscaping plan showing landscaping in the area between the perimeter wall and the sidewalk on Spring Road, shall be submitted for review and approval by the Community Development Director. Such landscaping shall be installed within sixty(60) days of approval of the plan. 9. A separate sign permit application is required for all proposed signs. 6 9 Resolution No. 2013-3165 Page 6 10. All exterior areas of the site, including landscaping and parking areas must be maintained free of litter and debris at all times. 11. There shall be no maintenance of recreational vehicles, including washing or changing of propane tanks, on site. The existing dump station may not be used at any time under this permit and must be capped and removed with all necessary permits by the City and Waterworks District No. 1 and all fees and fines for its prior operation paid to Waterworks District No. 1 within thirty (30) days of approval of this Conditional Use Permit. A new dump station that • complies with all current standards and permitting requirements is allowed under this Conditional Use Permit provided that all necessary building permits are obtained and the facility is constructed and operated in compliance with NPDES standards. An operational plan is required to demonstrate proper maintenance prior to issuance of a Zoning Clearance for construction of a new dump station. 12. Conditional Use Permit No. 2012-03 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080:B of the Zoning Code,are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 13. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 14. If the easterly wall on the adjacent residential property west of the subject site is constructed prior to the expiration of this Conditional Use Permit, any barbed wire strands, razor wire, and/or concertina wire (coiled barbed wire) adjacent to the residential development shall be removed by the applicant within thirty (30) days of notification by the Community Development Director. 15. At the end of the term of this CUP or if use is vacated earlier, whichever comes first, all barbed wire strands, razor wire, and/or concertina wire (coiled barbed wire) shall be removed within thirty (30) days of notification by the Community Development Director. Any razor or barbed wire that is removed may only be • replaced by fencing that conforms with the standards of the Zoning Ordinance at • the time of installation. 16. No vested right to any use or uses allowed by this permit shall apply or exist beyond the termination date of this permit as follows. All recreational vehicle and 70 Resolution No. 2013-3165 Page 7 outdoor storage allowed by this Conditional Use Permit must cease by February 20, 2018, and the site must be restored or converted to a conforming use by this date. The City Council may extend the term of this Conditional Use Permit by one additional five (5) year period to February 20, 2023 if upon receipt of an application for extension from the operator not less than sixty (60) days prior to expiration, the City Council finds the use to be in conformance with all conditions of approval. 17. Leasing of the administration building for other uses during the term of this Conditional Use Permit is limited to office uses that do not generate on-site customer traffic to the satisfaction of the Community Development Director. A Zoning Clearance and a Business Registration Permit are required for each tenant use prior to occupancy. 18. In the event of a direct conflict between these Standard and Special Conditions of Approval and the Settlement, Waiver, and Release Agreement between the City of Moorpark, AC Construction, and Moorpark RV, LLC, submitted and executed by the applicant on March 20, 2013, the terms of the Settlement, Waiver, and Release Agreement shall control. -END- 71 Resolution No. 2013-3165 Page 8 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2013-3165 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of March, 2013, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 3rd day of April, 2013. Maureen Benson, City Clerk (seal) PK 4 1111104,1,-A- 40/ •4?-en 7 2