HomeMy WebLinkAboutAGENDA REPORT 1996 0619 CC REG ITEM 07FAGENDA REPORT
City of Moorpark
To: The Honorable City Council
From: Paul Porter, Senior Planne�
Prepared by Craig Malin, Assistant Planner
Date: June 5, 1996 (CC meeting June 19, 1996)
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Subject: Consider Minor Modification No. 2 to Conditional Use Permit No. 4022
(Philip), Request for 10 Year Extension for Operation of a Veterinary
Clinic at 173 E. High Street.
Background
Conditional Use Permit (CUP)No. 4022 was approved by the County of Ventura on May
21, 1981 to allow the operation of a small animal veterinary clinic at 173 High Street (ACS
Veterinary clinic). Condition No. 15 of Resolution No. 81 -29 set an expiration date of May
21, 1991. Prior to this date, the applicant was required to obtain approval of a Minor
Modification Permit to continue the Conditional Use Permit.
Minor Modification No. 1 was filed by Jeanne Philip on February 27, 1991 for an extension
of the Conditional Use Permit to May 21, 1996. This permit was approved on June 21,
1991 and was conditioned to require the approval of an additional Minor Modification for
after May 21, 1996.
Discussion
On May 9, 1996, Jeanne Philip filed for Minor Modification No. 2, for an extension of the
previously approved Conditional Use Permit to allow continued operation of a veterinary
clinic until May 21, 2006. The property owner has approved of this request. An inspection
of the site has revealed that all conditions of approval are being met and the site is
maintained in good condition. There are no kennels on site and no boarding of animals
occurs. The previous Minor Modification was approved for a five year period because
implementation of the Downtown Study was anticipated. Because the previous Downtown
Study was not formally adopted, and veterinary clinics are an allowed use in the C -2 zone,
staff recommends approval of this application for a 10 year period, with the new expiration
date being May 21, 2006.
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At the time CUP 4022 was approved, a Conditional Use Permit was required for operation
of a veterinary clinic in the C -2 zone. Under the current zoning code, a Commercial
Planned Development Permit is normally required. Inasmuch as the existing CUP is still
in effect, and the applicant has complied with its provisions, it remains a valid entitlement
permit. Conditional Use Permits function identically to a Commercial Planned Development
permit with regard to the imposition of conditions.
This Minor Modification request meets all applicable Zoning Code requirements. The
Modification request is conditioned to comply with all previous conditions of CUP 4022 and
has further been conditioned as follows:
This Minor Modification shall expire ten years from the date of its approval.
The Director of Community Development may, at his discretion grant
additional extensions if the applicant has met all conditions of approval. The
request for extension of this entitlement must be made with the filing of a
Minor Modification prior to the expiration date of the permit.
This proposal has been reviewed by the Director of Community Development who
approved the application on June 5, 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
June 21, 1996. The next available hearing date is July 2, 1996. If the Council takes no
action, the Director's decision will become effective on June 21, 1996.
Recommendation
Receive and File the Report.
Exhibit: A) Resolution PC 81 -29
B) Minor Modification approval form
cc: CUP 4022 Minor Mod. No. 2 File
2
CONDITIONS FOR: CUP 4022
DATE: May 21, 1981
RESOLUTION NO.: 81 -29
PLANNING DIVISION CONDITIONS:
APPLICA , , : Jeanne M. Philip
PAGE NO: Three
1. That the permit is granted for the land as described in the application and
for all of the buildings, fences, signs, roadways, parking areas,
landscaping and other features which shall be located substantially as
shown on the plot plan(s) labeled Exhibits "A" and "B" unless otherwise
indicated herein. -
2. That all facilities other than those specifically requested in the application
are prohibited unless a modification application has been approved by the
Planning Director.
3. That the development is subject to all applicable regulations of the "C -2"
zone and of all agencies of the State, Ventura County and any other
governmental entities.
4. That unless the use is inaugurated not later than one year after the
permit is granted, this permit shall automatically expire on that date. The
Planning Director may, at his discretion, grant an 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 from the date of the approval
letter..
5. 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 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.
7. 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
Director.
8. That continued landscape maintenance shall be subject to periodic
inspection by the County. The permittee shall be required to remedy any
defects in ground maintenance, as indicated by the County inspector,
within two weeks after notification.
9. That all required yards, parking areas, storage areas and other uses on
the site shall at all times be maintained in a neat and orderly manner
appropriate for the district.
10. 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
County because of issuance (or renewal) of this permit or, in the
alternative, to relinquish this permit. Upon demand of the County
permittee will reimburse the County for any court costs and /or attorney's
fees which the County may be required by a court to pay as a result of
any such action. County 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.
11. 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.
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EXHIBIT A
CONDITIONS FOR: CUP -4022 APPLICAwl: Jeanne M. Philip
DATE: May 21, 1981 PAGE NO: Four
RESOLUTION NO.: 81 -29
12. That all signs currently not in conformance with Article 24 of the Ventura
County Ordinance Code shall be removed from the site and all future signs
shall be subject to the provisions of Article 24. The placement of all new
signs shall be subject to the issuance of a sign permit prior to installation,
except for any sign in excess of ordinance requirements which shall
require the filing of a Conditional Use Permit instead.
13. That there shall be no boarding of animals at the clinic.
14. All rubbish shall be placed in special sealed containers, and not placed in
front of the building until the rubbish truck is available for pickup.
15. That the permit is granted for a period of time of ten (10) years, ending
May 21, 1991. That at the end of this ten year period, and following the
filing of a Minor Modification application by the permittee, the Planning
Director will be authorized to review and continue this conditional use
permit for one additional ten (10) year period ending May 21, 2001,
providing that full compliance with all conditions has been accomplished
and that the use authorized by this permit will remain compatible to the
properties in the general area for the duration of the additional ten year
period.
ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS:
16. That sewage disposal shall be by community sewer system approved by the
Ventura County Environmental Health Department.
17. That disposal of all potentially hazardous wastes shall be by a means
approved by the Ventura County Environmental Health Department.
18. That prior to occupancy adequate sanitary facilities shall be provided In
accordance with the requirements of the Environmental Health Department.
19. That prior to occupancy adequate, safe, potable supply of water shall be
provided for the occupants and users of these facilities.
20. That prior to occupancy cross - connection control devices shall be installed
on the water system in accordance with the requirements of the Ventura
County Environmental Health Department.
21. 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.
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COMMUNITY DEVELOPMENT DEPARTMENT
APPROVAL OF A MINOR MODIFICATION
June 5, 1996
Minor Modification No. 2
Conditional Use Permit No. 4022
Filed by: Jeane Philip
173 E. High Street
Moorpark, Ca, 93021
Address /Location: 173 E. High Street
Approved by the Director on: June 5, 1996
For: This Minor Modification request is to extend the occupancy of
Conditional Use Permit No. 4022 for 10 (ten) years.
Location: As shown on Attachment "111. 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.
EXHIBIT B
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) This Minor Modification shall expire ten years from the
date of its approval. The Director of Community Development
may, at his discretion, grant additional extensions if the
applicant has met all conditions of approval. The request for
extension of this entitlement must be made with the filing of
a Minor Modification prior to the expiration date of the
permit.
Richard Hare,
Director of Community Development
Date: (0 & r 6