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HomeMy WebLinkAboutAGENDA REPORT 1995 0802 CC REG ITEM 11AAGENDA REPORT CITY OF MOORPARK TO: Honorable City Council FROM: Jaime Aguilera, Community Development ITE."Alls A 11 AOORPARK, CALIFORMA CI}y Meettng Of 199 ACTION: P Directofi/L DATE: 7/23/95 (CC meeting of 8/2/95 continued from the meeting of 7/5/95) SUBJECT: Consider request by Mr. Saadallah ( "Smog Pro ") regarding use of his property at 347 Moorpark Ave. as a truck rental yard and a recreational vehicle yard Background Staff received a complaint from a property owner in the vicinity of the Smog Pro automotive repair shop on 10/14/94. Mr. Saadallah (the business owner) was notified of the violation, and was informed that he was obligated to remove the uses for the following reasons: 1. The R.V.storage use is not allowed in the C -2 zone. 2. The truck rental requires a Planning Commission Conditional Use Permit. The owner requested that the Economic Development /Affordable Housing Committee (Hunter \Perez) review his case because he alleged that the use was legal non - conforming, that it was innocuous, that he was providing a valuable community service, and that he had upgraded the property from its previous condition. He also stated that his business could not survive on the repair business alone (see attached letter) . The Committee agreed to consider Mr. Saadallah's case and held a meeting on 4/25/95. Staff reviewed the case for the Committee and informed them that there was no official record that site had ever been used as a truck rental or storage yard, although we had been informed by a disinterested third party that he recalled seeing the site used for truck rental. In either case, Staff cited the zoning code as stating that the legal- non - conforming use of the site would have long ago expired. jra /7 /23 /95smogpro.sr ()oOOS3. The Committee was also informed by staff that the project site was located in the area which will be the subject of the Downtown Specific Plan. Staff believes this is relevant because the Plan proposes to study and make recommendations regarding land use. Staff indicated that an alternative to eliminating the truck rental would be to allow the use to continue until the Plan is completed. The plan will then have a recommendation on this type of use in relation to the other types of current and proposed uses. The Committee decided to inform Mr. Saadallah that the Committee could not be of assistance to him in the manner he wished, that only the City Council could make a decision which could have the effect of forestalling code enforcement action for a lengthy period of time. The Committee encouraged him to ask to have the Council review his case. Mr. Saadallah has requested that the Council review his situation pursuant to his letter dated 5/10/95. Staff has suspended code enforcement action at the site until Mr. Saadallah's request is heard by the City Council. If the Council should decide to allow the truck rental to continue until the Downtown Specific Plan is completed, staff recommends that the Council consider imposing the attached conditions (exhibit A). Status since 7/5/95: Two letters were received by staff regarding the project. Both letters were forwarded to the Council as box items, however they are also attached to this report. A third letter from Mr. Coleman was received on 7/21/95. Recommendation: Direct staff as deemed appropriate. Attachments: Mr. Saadallah's letter dated 5/10/95 Exhibit A Mrs. Yancy's letter Letter from G.T. Water Products Letter from Mr. Coleman jra /7 /23 /95smogpro.sr Exhibit A Conditions of Approval for Temporary Use Permit in Consideration of Request by "Smog Pro" 1. The applicant must apply for a Temporary Use Permit prior to August 19, 1995. 2. Only one rental vehicle may be parked or otherwise located at any one time east of the chain link fence which divides the property. 3. All other rental vehicles (including trailers) must be located west of the chain link fence. 4. All storage of recreational vehicles must cease. All vehicles currently being stored on the site must be removed by July 31, 1995. 5. Any sign advertising the truck rental must be temporary in nature, and must first be reviewed and approved by the Director of Community Development. 6. The applicant must pay all permit and code enforcement costs ( $40.00 for the permit plus $435.00 for 5.5 hours of staff time ) prior to issuance of the Temporary Use Permit. jra /7 /23 /95smogpro.sr 000085 - RECEIVED -JUL 2 1 1995 July 20, 1995 City of Moorpark City of Moorpark Moorpark Mayor and City Council 799 Moorpark Avenue Moorpark, CA 93021 It has come to my attention that a possible problem exists about my motor home being located at 347 Moorpark Avenue, Moorpark, California. The convenience of having my motor home at this location is to keep my business in the area of which I live and pay taxes, it's also the place that does the servicing and repair work on the motor home. It's not my intent to cause problems for the local business of Smog Pro Automotive, nor do I want to be forced to take my business from our local business to out of town places of business. I've always felt that the local residents should support local business as much as possible in the area they live. kr4l), Ronald W. Coleman 4542 No. Millerton Road Moorpark, CA 93021 cc: Smog Pro Automotive, Saad Almaoui Nt•'� Mr. Jaime Aguilera City of Moorpark, 799 Moorpark Avenue Moorpark, Ca, 93021 Dear Sir: pCj •�`f? 3147 Moorpa ', Avenue Moorpark,Ca 93021 May 10, 1995 In response to your letter, received last week, giving me until June 1 to eliminate vital parts of my business, I would like to present the following information for your review and that of the Committee. 1. The rental service which operates from the site provides a much needed service to the businesses and residents of the city. The City receives tax money that would be spent in another city as a result. The traffic from this operation is negligible and the use of the property is simply an expansion of the gas station service and repair operation which existed for decades in this location. 2. The recreational vehicles which are on the property are vehicles which I maintain and repair for the owners. There is limited access and again the traffic is less than that the gas station previously located here. The location is fenced and locked and we have no intrusive lighting. It is difficult to run a well maintained, responsible business on this parcel, without total use of the land. There appears to be a number of locations in the city, where land usage varies from zoning. Since the city is about to have a downtown plan, I would plead that I be allowed to continue in current use, at least until the implementation of the Downtown Plan. It is my goal to provide needed services to local residents and business at reasonable cost, while providing for my family. We feel that we can provide benefits to the city in return for the hospitality. Since I have had no opportunity referenced committee it would be convenience, if at all possible. Thank y u �-� 4."�6 � to present my case to the my pleasure to do so at their MAY 1'0 1995 00175