HomeMy WebLinkAboutAGENDA REPORT 2000 0920 CC REG ITEM 11JITEM /%
CITY OF MOORP-RK, CA1,tiOW14`IA
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ACTION: NO '4<_-T /ON 7-AKE
MOORPARK CITY COUNCIL
AGENDA REPORT BY;
TO: Honorable City Council
FROM: John Libiez, Planning Manage
DATE: September 14, 2000 (CC Meeting of 9/20/2000)
SUBJECT: Consider Clarification of Intent of Condition of
Approval No. 16, Resolution Number 2000 -1687
Pertaining to Approval of a Minor Modification to
Permit Development of Pads B and C, Mountain Meadows
Plaza.
DISCUSSION
City Council approved Minor Modifications 7 and 8, to the
Mountain Meadows Plaza, to permit Moorpark Properties LLC to
construct separate buildings on Pads "B" and "C" of the plaza on
January 5, 2000, under Resolution 2000 -1687.
Condition No. 16 of the Resolution proscribes that off -site turn
lane improvements at Los Angeles Avenue and Tierra Rejada be
installed at that intersection subject to City and CALTRANS
approved plans, and further conditioned that adequate surety be
in place to guarantee that intersection improvements be
constructed prior to issuance of a Zoning Clearance for Pads "B"
and "C ". The condition does not specify which Zoning Clearance
issuance is restricted.
Albertson's desires to submit plans to begin construction of the
approved commercial structures for Pads "B" and "C" and requests
the condition be clarified or amended. Albertson's has
indicated that potential loss of revenue could occur unless they
be allowed to move forward on construction of the tenant
buildings approved by the Minor Modifications.
A change to conditions typically requires submittal and approval
of a Minor Modification application. Review of the condition in
question suggests that clarity is needed, and that one
interpretation of the phrasing could mean that the Zoning
Clearance for Occupancy /Certificate of Occupancy could be
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Honorable City Council
September 14, 2000
Page 2
withheld until the requirements of Condition No. 16 with regard
to construction and /or surety of the off -site improvements were
met, rather than prior to issuance of a building permit. Were
building permits issued for either or both pads, the risk would
be on the part of the applicant should CALTRANS require any
substantial change of off -site improvement plans, and therefore
an increase in suggested surety, before occupancy could be
approved.
The Public Works Director has reviewed this matter also, and
concurs that the improvements or increased surety must be
provided before any occupancy approval occurs.
STAFF RECObMNDATION
1. Approve the revised language for Condition No. 16 and
direct staff to return with a resolution to effectuate the
revision.
Attachment:
Excerpt of Resolution 2000 -1687
0030149
Condition No. 16
Consistent with the requirements of Condition No. 30 of
Tract 5081, the developer shall be responsible for the
design and installation of a second left turn lane for
westbound Los Angeles Avenue traffic turning onto
southbound Tierra Rejada Road. The engineering plans
required for this additional left turn lane shall be
approved by the City and Caltrans prior to the issuance of
a Zoning Clearance for building permit for either Pad B or
C.
Additionally, there shall be adequate surety in place to
guarantee the construction of all necessary improvements to
implement the second left turn lane prior to the issuance
of a Zoning Clearance for occupancy of a building for
either Pad B or C.
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