HomeMy WebLinkAboutAGENDA REPORT 1996 0501 CC REG ITEM 07KAGENDA REPORT
City of Moorpark
To: The Honorable City Council
From: Paul Porter, Senior Planner1
Prepared by Craig Malin, Assistant Planner
Date: April 17, 1996 (CC meeting May 1, 1996)
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Subject: Consider Minor Modification No. 1 to Planned Development Permit 992
(Hoffmann), request for additional occupancy of an existing building at
460 E. High Street.
Background
On July 24, 1984, the Planning Commission approved Resolution PC 84 -22 for the
construction of a 3,008 square foot commercial building for the sale of tires and minor
repair of automobiles. Randy's Tires has occupied this building since its completion.
Zoning Clearance 96 -74 was approved on April 5, 1996 for occupancy of an additional
auto repair business at this location. This permit was revoked on April 11, 1996 pending
approval of a Minor Modification which is required due to the expansion of the existing
use.
Discussion
In accordance with Condition No. 6 of Resolution PC 84 -22, this proposed use represents
a minor change (expansion of use from one tenant to two tenants) which may be approved
by the Planning Director upon the filing of a Minor Modification. This application has been
filed by Franz Hoffmann to allow occupancy of the building for operation of minor auto
repair shop. The proposed space occupies 1,088 sq.ft. of the 3,008 square foot building.
A total of 9 parking spaces are required, 11 parking spaces are provided. No additional
parking spaces need to be provided due to approval of this use. There are no proposed
improvements to either the exterior or interior of the building or the site.
This Minor Modification request meets all applicable Zoning Code requirements. The
Modification request is conditioned to comply with all previous conditions of PD 992 and
has further been conditioned as follows:
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1) The following uses only are allowed by this modification: general maintenance
services including tune up, engine diagnostics, transmission (no rebuilding)
maintenance, brakes, shocks, electrical diagnostics, cooling system, oil and filter
change.
2) No increase in floor area is permitted.
3) No additional tenants or sub tenants are allowed in the building.
4) Business Registration permit is required prior to occupancy.
5) No hazardous materials may be stored or generated on site.
6) Signs require a separate permit.
7) No autobody work or painting shall be performed on site.
8) Major repairs which require disassembly or rebuilding of portions of a vehicle are
not permitted.
9) Repairs may not be performed outside of the building.
10) Only two vehicles may be stored outside the building (including overnight
storage)
11) Equipment and materials must be stored inside the building.
12) Vehicles parked outside the building may not be left with doors, hood or trunk
open.
13) All conditions of Resolution PC 84 -22 apply to this application.
14) All requirements of County Environmental Health, Air Pollution Control District
and Fire Prevention must be met.
This proposal has been reviewed by the Director of Community Development who
approved the application on April 17, 1996. This matter is being presented to the Council
as a courtesy. Should the Council, or any other party, desire to appeal the Director's
decision, a public hearing should be scheduled. The last day for an appeal to be filed is
May 2, 1996. The next available hearing date is May 15, 1996. If the Council takes no
action, the Director's decision will become effective on May 3, 1996.
Recommendation
Receive and File the Report.
Exhibit: A) Floor plan
B) Description of request
C) Resolution PC 84 -22
D) Minor Modification approval form
cc: PD 992 Minor Mod. No. 1 File
A:Simimod.rpt 2
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ATTENTION: City of Moorpark
4/15/96
This is a general overview of service that we would perform at this
location: 460 High Street in Moorpark.
General maintenance such as engine tune up including replacing spark
plugs, plug wires,distributor cap and ignition rotors, and making
adjustment of dwell and ignition timing. Engine diagnostics: looking
for engine misfire and rough idle. Transmission services such as
changing transmission oil and filters, engine oil and oil filter
changes as well as chassis lube would be done. There will be NO
ENGINE OR TRANSMISSION rebuilding done at this location. Brake
work such as replacing brake pads and shoes as well as brake rotors
and drums would be done. Front and rear shock absorbers replaced
and front wheel bearings serviced as necessary. Also, some electrical
diagnostics will be performed. Cooling system service would be
done, replacing coolant and switches as needed.
Contact will be made with environmental health in order to properly
dispose of waste oil and fluids as required by law.
Thank you for your hopeful approval regarding this future business:
Franz and Son Automotive
Franz Hoffmann William Hoffmann'
RESOLUTION NO. PC -84-22
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING
CERTIFICATION OF THE MITIGATED NEGATIVE DEC-
LARATION, AND APPROVAL OF PLANNED DEVELOPMENT
PERMIT NO. PD -992 ON APPLICATION OF ED NEWHART.
WHEREAS, on June 26, July 10, and July 24, 1984,
duly noticed public hearings were held by the Planning
Commission of the City of Moorpark, California, on the
matter of the Mitigated Negative Declaration, and Planned
Development Permit No. PD -992, on application of Ed Newhart;
NOW, THEREFORE, BE IT RESOLVED that the Planning
Commission of the City of Moorpark, California, does hereby
declare that, after review and - consideration, the Mitigated
Negative Declaration be approved and;
BE IT FURTHER RESOLVED that the Planning Commission
does hereby adopt the findings proposed by staff and approve
subject to the attached conditions Planned Development Permit
No. PD -992 for the construction of a 3,008 square foot building
to be used for the retail sale of tires and minor auto repair
services, located at 460 High Street in said city in that it
is deemed appropriate and compatible with _the requirements
of the City General Plan and Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 24th day of
July 19 84 .
Secretary
APPROVED BY THE PLANNING COMMISSION, RESO. PC -84 -22
/CONDITIONS FOR: Planned Deve k;pment APPLICANT: Ed Newhart
/ No. PD -992
( DATE: June 26, 1984 PAGE: l
PLANNING DIVISION CONDITIONS:
1. That the permit is granted for the land and project as shown on the plot
plan(s) and elevations labeled Exhibits "A" and "B ", except or unless
indicated otherwise herein. All previous Planning Division permits on this
site are null and void.
2. That the development is subject to all applicable regulations of the "C -P -D"
(Commercial Planned Development) zone and all agencies of the
State, Ventura County, City of Moorpark and any other governmental entities.
3. That the location and design of all buildings, fences, signs, roadways,
parking areas, landscaping and other facilities or features shall be as
shown on the plot plan(s) and elevations labeled Exhibits "A" and "B" ,
except or unless indicated otherwise herein.
4. That unless the use is inaugurated not later than one year after the date
this permit is granted, this permit shall automatically expire on that date.
The Planning Director may, at his discretion, grant one additional six month
extension for use inauguration if there have been no changes in the adjacent
areas, and if permittee has diligently worked toward inauguration of use
during the initial one year period.
CS. That the permit shall expire when the use for which it is granted is
discontinued for a period of one hundred and eighty (180) consecutive days
or more.
6. That any minor changes may be approved by the Planning Director upon the
filing of a Minor Modification application, but any major changes will
require the filing of a Major Modification application to be considered by
the Planning Commission.
7. That all facilities and uses other than those specifically requested in the
application are prohibite& unless a modification application has been
approved by the Planning Commission.
8. That the design, maintenance, and operation of the permit area and
facilities thereon shall comply with all applicable requirements and
enactments of Federal, State, County and City authorities, and all such
requirements and enactments shall, by reference, become conditions of this
permit.
9. That no condition of this entitlement shall be interpreted as permitting or
requiring any violation of law, or any lawful rules or regulations or orders
of an authorized governmental agency. In instances where more than one set
of rules apply, the stricter ones shall take precedence.
10. That if any of the conditions or limitations of this Planned Development
Permit are held to be invalid, that holding shall not invalidate any of the
remaining conditions or limitations set forth.
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CONDITIONS FOR: Planned Development.
No. PD -992
DATE: June 26, 1984
to
APPLICANT' Ed Newh.irt
PAGE: 2
11. That prior to construction, a Zone Clearance shall be obtained from the
Planning Division and a Building Permit shall be obtained from the Building
and Safety Division. '
12. That prior to the issuance of a Zone Clearance, a landscaping and planting
plan (three sets), together with specifications and a maintenance program,
prepared by a State licensed Landscape Architect, in accordance with County
Guidelines for Landscape Plan Check, shall be submitted to the Planning
Commission for approval. The applicant shall bear the total cost of such
review and of final installation inspection. The landscaping and planting
plan shall be accompanied by a fee specified by Resolution No. 222 of the
Board of Supervisors. All landscaping and planting shall be completed and
approved prior to the inauguration of use of this permit. Said landscape
plans shall incorporate the use of appropriate landscaping which upon
maturing will provide a visual screen of the service bays from High Street.
13. That continued landscape maintenance shall be subject to periodic inspection
by the City. The permittee shall be required to remedy any defects in
ground maintenance, as indicated by the City inspector, within two weeks
after notification.
14. That the final design of buildings, walls, fences, and light standards,
including materials and colors, is subject to the approval of the Planning
CCommission.
15. That all roof mounted equipment (vents, stacks, blowers, air conditioning
equipment) that may extend above the parapet wall shall be enclosed on all
four sides by suitable screening or fencing. Said screening material shall
be of 'similar material used in the construction of the parent building.
Prior to issuance of a Zone Clearance, the final design and location of all
roof mounted equipment and screening shall be subject to the approval of the
Planning Commission.
16. That trash disposal areas shall be provided in locations which will not
interfere with circulation, parking or access to the building, and shall be
screened with a six (6) foot high solid fence or wall enclosure. Final
design of said enclosure shall be subject to the approval of the Planning
Commission.
17. That all utilities shall be placed underground.
18. That no parking space shall be located within ten (10) feet of a vehicular
entrance to the property; that all areas shown as parking areas shall be
surfaced with asphaltic concrete and shall be suitably marked, outlining
individual parking spaces and traffic flow.
19. That all required yards, fences, parking areas, storage areas, operations
yards, and other uses on the site shall be improved as required by these
regulations and shall at all times be maintained in a neat and orderly
manner appropriate for the "C -P -D" zone.
CONDITIONS FOR:
DATE: June 26,
.]
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Planned Development
No. PD -992
1984
C:
APPLICANT: Ed :Newhart
PAGE: 3
20. That prior to the issuance of a zoning clearance, plans shall be submitted
to the Planning Director for his review, showing the relocation of the
proposed screen wall located adjacent to High Street. The purpose of the
wall relocation is to provide adequate site - distance for pedestrians to
clearly see any vehicle entering or leaving the property (Moorpark Zoning
Ordinance Section 8161 - 3.4.4).
21. That all auto repair and tire installation operations shall be conducted
with the permitted building. Storage of all merchandise shall also be
confined to the interior of the building at all times.
22. That signs are subject to Moorpark City Ordinance Code, Article 24, Sign
Ordinance. A sign permit is required.
23. That no later than ten (10) days after any change of property ownership or
of lessee(s) or operator(s) of the subject use, there shall be filed with
the Planning Director the name(s) and address(es) of the new owner(s),
lessee(s), or operator(s), together with a letter from any such person(s),
acknowledging and agreeing to comply with all conditions of this permit.
24. That if, in the future, any use or uses are contemplated on the site
differing from that specified in this permit, that either the permittee,
owner, or• each prospective tenant shall file a project description of an
official Planning Division application prior to the execution of the new
lease agreement or the initiation of the use. A review by the Planning
Director will be conducted to determine if the proposed use is compatible
with the. zone and the terms and conditions of this permit. Said review
will be conducted at no charge and an approval letter sent unless a minor or
major modification is required, in which case, all applicable fees and
procedures shall apply.
25. That the permittee agrees as a condition of issuance (or renewal) and use of
this permit to defend, at his sole expense, any action brought against the
City because of issuance (or renewal) of this permit or, in the alternative,
to relinquish this permit. Permittee will reimburse the City for any court
costs and /or attorney's fees which the City may be required by a court to
pay as a result of any such action. City may, at its sole discretion,
participate in the defense of any such action, but such participation shall
not relieve permittee of his obligations under this condition.
26. That permittee's acceptance of this permit and /or commencement of
construction and /or operations under this permit shall be deemed to be
acceptance by permittee of all conditions of this permit.
ENVIRONMENTAL HEALTH CONDITIONS:
27. That disposal of all potentially hazardous wastes, including waste oil,
radiator coolant and cleaning solvents shall be by a means approved by the
Ventura County Environmental Health Department.
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CONDITIONS FOR: Planned Development APPLICANT: Ed Newhart
No. PD -992
DATE: June 26, 1984 PAGE: 4
28. That in order to protect the public safety and prevent groundwater
pollution, any abandoned wells on the property shall be destroyed in
accordance with the Ventura County Well Ordinance prior to occupancy.
29. That prior to issuance of building permits, the applicant shall demonstrate
the availability of domestic water by submitting a "will- serve" letter from
a domestic water purveyor licensed by the Ventura County Environmental
Health Department or the State of California Department of Public Health to
the Ventura County Environmental Health Department and the Ventura County
Public Works Agency.
30. That at the time water service connection is made, cross - connection control
devices shall be installed on the water system in accordance with the
requirements of the Ventura County Environmental Health Department.
31. That prior to issuance of building permits, a "will- serve" letter shall be
obtained for sewage service. Said letter shall be filed with the Ventura
County Environmental Health Department and the Ventura County Public Works
Agency.
FIRE DEPARTMENT CONDITIONS:
32. That fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standards of the Water Works
Manual.
a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4"
and 2 2�" outlet(s).
b. The required fire flow shall be achieved at no less than 20 psi
residual pressure.
C. Fire hydrants shall be spaced 300 feet on center, and so located that
no structure will be farther than 150 feet from any one hydrant.
d. Fire hydrants shall be 24" on center, recessed in from the curb face.
33. That the minimum fire flow required is determined by the type of building
construction, proximity to other structures, fire walls, and fire protection
devices provided, as specified by the I.S.O. Guide for Determining Required
Fire Flow. Given the present plans and information, the required fire flow
is approximately 2,000 gallons per minute. The applicant shall verify that
the water purveyor can provide the required quantity at the project.
34. That a minimum individual hydrant flow of 1,250 gallons per minute shall be
provided at this location.
35. That address numbers, a minimum of 6 inches high, shall be installed prior
to occupancy, shall be of contrasting color to the background, and shall be
readily visible at night. Where structures are setback more than 250 feet
from the street, larger numbers will be required so that they are
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CONDITIONS FOR: Planned Development APPLICANT Ed Newhart
No. PD -992
�( DATE: June 26, 1984 PAGE:
5
distinguishable from the street. In the event a structure(s) is not visible
from the street, the address number(s) shall be posted adjacent to the
driveway entrance.
36. That fire extinguishers shall be installed in accordance with National Fire
Protection Association Pamphlet 010. The placement of extinguishers shall
be reviewed by the Fire Prevention Bureau.
37. That roofing material shall be any fire retardant roofing as defined by the
Uniform Building Code.
38. That a plan be submitted to the Fire Prevention Bureau for approval
depicting the quantity and design of fire storage in the proposed building.
PUBLIC WORKS AGENCY CONDITIONS:
39. That prior to the issuance of a Zoning Clearance, the permittee shall
deposit with the City of Moorpark a contribution for the Los Angeles Avenue
Improvement Area of Contribution.
The actual deposit shall be the then current Los Angeles Avenue Improvement
Area of Contribution applicable rate at the time the Zoning Clearance is
/ issued.
40. That prior to the issuance of a Zoning Clearance, the permittee shall submit
to the City of Moorpark for review and approval, improvement plans for the
30 -foot access driveway in accordance with Plate E -2 of the Ventura County
Road Standards, concrete curb and gutter as determined by the City, and an
8 -foot sidewalk adjacent to curb and along the entire proposed p inject site
prepared by a Registered Civil Engineer; shall enter into an agreement with
the City of Moorpark to complete the improvements; and shall post sufficient
surety guaranteeing the construction of the improvements. Pursuant to Plate
E -2, the 30 -foot access driveway shall be installed a minimum of 4 -feet from
the existing power pole.
41. That prior to any work being conducted within the State or City right of
way, the permittee shall obtain an Encroachment Permit from the appropriate
agency.
SHERIFF'S DEPARTMENT CONDITIONS:
42. That all parking aras shall be provided with a lighting system capable of
illuminating the parking surface with a minimum of one foot candle of light.
Walkways, aisles and passageways shall be provided with a lighting system
capable of illumination with an intensity of at least .25 candle at the
ground level. All exterior doors shall be capable of being illuminated
during the hours of darkness with a minimum of one foot candle of light.
All exterior lighting devices shall be protected by weather and breakage
resistant covers.
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CONDITIONS FOR: Planned Development APPLICANT: Ed Newhart
No. PD -992
C DATE June 26, 1984 o
43_ That landscaping nea, iriveways ,,(i :ithin the parking lots shall not
interfere with ingress, egress, and internal circulation sight distance.
High canopy trees shall be used in the planter areas located within the
entrance driveways.
ADDITIONAL PLANNING COMMISSION CONDITIONS
44. That the hours of operation shall be limited to the following:
Monday - Friday 8:00 - 8:00 P.M.
Saturday 9:00 - 6:00 p.m.
Sunday 12:00 - 6:00 p.m.
45. That a block wall shall be provided along the western property line.
46. That no used tires may be stored on the premises for more than 48 hours.
47. That no tires be stored outside of building, except in the trash enclosure
area and- may -be no higher than on foot below the top of the storage
area enclosure.
IS 8,
48. That thiserrmit is granted for a period of five (5) years ending
July 24, //1)9 At the end of this five year period the owner shall
file a Major Modification Application for this permit to be considered
by the Planning Commission. The purpose of this Major Modification
is to provide the City with the opportunity to evaluate this project..
in terms with its compatibility with surrounding land uses and plan
4 4
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COMMUNITY DEVELOPMENT DEPARTMENT
APPROVAL OF A MINOR MODIFICATION
April 17, 1996
Minor Modification No. 1
Planned Development Permit No. 992
Filed by: Franz Hoffmann
797 La Grange Avenue
Newbury Park, Ca, 91320
Address /Location: 460 E. High Street
Approved by the Director on: April 17, 1996
For: This Minor Modification request is for occupancy of an auto
repair shop in an existing auto repair and tire sales facility at
460 East High
Location: As shown on Attachment "1 ". The land involved is
Assessor's Parcel No's: 512 -0- 082 -060.
CEOA: The project is Categorically Exempt from CEQA requirements as
a Class 1, Exemption for Operation of Existing Facilities.
Ordinance Compliance: Based upon the information and findings
developed by staff, it has been determined that this application,
with the attached conditions, meets the requirements of Moorpark
Ordinance Code Section 17.44.030 - Permit Standards, in that:
a. The Minor Modification is consistent with the intent and
provisions of the City's General Plan and the Zoning
Ordinance;
b. The Minor Modification is compatible with the character of
surrounding development;
C. The proposed Minor Modification would not be obnoxious or
harmful, or impair the utility of neighboring property or
uses;
d. The Modification would not be detrimental to the public
interest, health, safety, convenience, or welfare; and
e. The conditionally permitted use is compatible with existing
and planned land uses in the general area where the
development is to be located.
Appeals: As stated in Section 17.44.090, within 16 calendar days
after the permit has been approved, conditionally approved or
denied, any aggrieved person may file an appeal of the approval,
conditional approval or denial with the Community Development
Department who shall set a hearing date before the City Council to
review the matter at the earliest convenient date.
This Minor Modification request has been conditioned to require
that:
1) The following uses only are allowed by this modification:
general maintenance services including tune up, engine
diagnostics, transmission (no rebuilding) maintenance,
brakes, shocks, electrical diagnostics, cooling system, oil
and filter change.
2) No increase in floor area is permitted.
3) No additional tenants or sub tenants are allowed in the
building.
4) Business Registration permit is required prior to
occupancy.
5) No hazardous materials may be stored or generated on site.
6) Signs require a separate permit.
7) No autobody work or painting shall be performed on site.
8) Major repairs which require disassembly or rebuilding of
portions of a vehicle are not permitted.
9) Repairs may not be performed outside of the building.
10) Only two vehicles may be stored outside the building
(including overnight storage)
11) Equipment and materials must be stored inside the
building.
12) Vehicles parked outside the building may not be left with
doors, hood or trunk open.
13) All conditions of Resolution PC 84 -22 apply to this
application.
14) All requirements of County Environmental Health, Air
Pollution Control District and Fire Prevention must be met.
Richard Hare,
Director of Community Development
Date: