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 SUBJECT
Recommendation:
Background:
On September 12, 2000, the Planning Commission conducted a hearing to consider revocation or modification of Conditional Use Permit Resolution No. 93-11, in order to determine compliance with Conditions of Approval for an auto repair service and auto body repair use. The Planning Commission reviewed the status of the CUP and determined that it was necessary to modify, but not revoke, the subject Conditional Use Permit. 1 In 1989 the Planning Commission approved a Master Conditional Use Permit (CUP) for auto mechanical repair, auto body repair, and auto painting businesses on the subject property. In 1993 the CUP was amended to allow a new paint booth. On February 7, 2000 a complaint was received that vehicles for repair and employee’s vehicles were being parked on Sixth Street. Also it was noted that vehicles were being sold in the parking lot and that wrecked vehicles were being stored in the parking area. On February 10, 2000, a notice of violation was sent to the property owner incorporating a schedule for compliance. The owner was advised that the matter would be referred to Commission if there was not full compliance with the CUP. A second notice of violation was sent to the property owner on April 13, 2000. On July 15, 2000, a letter was received reiterating the same complaint and stating that the violations had not been abated and staff referred the matter to Commission.
Analysis: Following the initial complaint and prior to the Planning Commission hearing on September 19, 2000, staff conducting site inspections of the subject property and adjacent streets on a regular basis. The property contained outdoor auto parts storage, dismantled vehicles and autos used for salvage. During a three month period, vehicles with expired registration or with no license plates were found parked on 5th and 6th Street and stored on site. Many of the cars stored on site were the source for parts salvage which is expressly prohibited under the CUP. On August 10, 2000 five vehicles, four with expired registration and one without license plates, were found parked on 5th Street adjacent to the subject property and in earlier inspections, employees were observed parking vehicles for repair on 6 th Street in violation of the CUP. Since the initial inspections and the Planning Commission hearing in September many of the CUP violations had been corrected and property maintenance has substantially improved. Staff has met with the property owner and conducted further inspections and found that all outstanding CUP violations have since been corrected. Please see attached photos. On December 27, 2000, no unregistered vehicles were being stored and no autos were being used for parts salvage. Further, all repair was conducted in doors and the property had been repainted. The parking area has been stripped for parking and is being used for temporary auto repair storage, customer and employee parking consistent with the requirements of the CUP. In addition, the owner has installed signs directing customers to park on site and tenants employees have been encouraged to park on the premises. The Zoning Ordinance does not permit auto storage, wrecking, dismantling, and/or auto restoration uses. These activities previously conducted on the premises, presented the majority of CUP violations and problems for the neighborhood. Today the parking areas is being maintained free of vehicle parts, scrap metal, and stored vehicles and there is ample on-site parking for customers and employees eliminating the necessity to park on adjacent streets. Consequently, staff does not believe that it is necessary to modify the CUP as the owner has substantially improved the property and has demonstrated a commitment to abide by the CUP conditions. Staff also recommends in lieu of the CUP modification, that a status report on compliance be provided to Commission for annual review. Notes: 1. The Planning Commission added the following additional business operation restrictions:
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