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AGENDA REPORT .4 P-ESD TV "OU3 to mac. W JNM"Oaz 44E
TO: Honorable City Council
FROM: Wayne Loftus, Director of Community Developmenvww
DATE: November 22, 2000 (CC Meeting of 12/06/2000)
SUBJECT: Consider Granting An Extension of Time for Commercial
Planned Development No. 96 -3 (CPD 96 -3), and
Conditional Use Permit No. 96 -2 (CUP 96 -2), for
Development of the Westgate Plaza on the North Side of
Los Angeles Avenue, West of Mission Bell Plaza and
East of Shasta Avenue, on the Request of A. Dee Wayne
Jones
BACKGROUND
On September 17, 1997, the City Council adopted Resolution No.
97 -1382, approving Commercial Planned Development Permit No. 96-
3 (CPD 96 -3), Conditional Use Permit No. 96 -2 (CUP 96 -2) and
Tentative Parcel Map No. 5056, for development of 57,200 square
feet of commercial and office space on this four (4) acre site
(Assessor Parcel No. 511 -0- 141 -130). Located west of Mission
Bell Plaza II and east of Shasta Avenue, this project was
conditioned to incorporate access to Mission Bell Plaza II,
which was subsequently deleted by Minor Modification No. 2
through City Council action on December 8, 1999. In addition to
the project evaluation under the Commercial Planned Development,
a Conditional Use Permit was approved to allow for a fifty (50)
foot high tower element for Building C (main building) and a
Parcel Map was approved to create three (3) parcels, two (2) of
which are .78 acres in size with the remainder parcel 2.49 acres
in size. Minor Modification No. 1, approved by City Council on
November 4, 1998, modified the original approved site plan and
architecture.
DISCUSSION
When this project was approved by the City Council in 1997,
Condition No. 6 "Use Inauguration," a Standard Condition was
incorporated providing for a period of two (2) years to begin
the project (building foundation and slab in place and
Honorable City Council
November 22, 2000
Page 2
substantial work in progress) and provision for a one (1) year
extension of time that could be granted by the Director of
Community Development (Attachment 1). A one (1) year extension
was granted by the Director of Community Development on October
25, 1999, therefore extending the project inauguration period to
September 17, 2000, a total of three (3) years. Based upon the
approving Council Resolution, only one (1) extension of time
could be granted by the Director of Community Development. This
limitation applies only to the Commercial Planned Development
and Conditional Use Permit applications since provisions of
State law (Subdivision Map Act) passed in 1993 and 1996
instituted automatic extensions of 24 months and 12 months
respectively for Parcel Maps and Subdivision Maps in addition to
any other extensions that could be granted by the local agency
or under other State law provisions.
The project applicant submitted a second request (Attachment 2)
for a one (1) year extension of time on August 17, 2000, which
if granted, would extend to September 17, 2001, the time for use
inauguration. Section 17.44.060(G) - Expiration; of the Zoning
Ordinance, provides that projects are approved for a one (1)
year period unless otherwise specified by the permit (CPD) which
is granted by the City Council (Attachment 3). This section of
the code also states that, "the permittee is solely responsible
for the timely renewal of a permit," clearly indicating that the
permit can be extended, although there is no indication in the
ordinance as to a maximum or minimum time that can be granted or
under what circumstance an extension may be granted. Since
there was clear direction in Condition No. 6 as to the authority
granted to the Director of Community Development, concerning an
extension of time, any subsequent extension request would need
to be considered by the City Council as the final authority to
establish conditions and grant approval.
Staff met with a potential buyer of this site on November 20,
2000, who has signed a Contract Agreement to purchase the
property and is now in the process of discovering information
about the property and the previously approved project. Initial
information provided by this prospective buyer indicates that
medical, professional and service commercial (bank) offices,
would be the focus with only minor changes to the site plan and
S:lCommunity DevelopmentlEveiyonelCdy Council Agenda Reports1cc- 001206 Westgate Plaza CPD 96-3 staff report. doc
Honorable City Council
November 22, 2000
Page 3
architecture anticipated. The changes described would require a
Minor Modification to the Commercial Planned Development,
assuming an extension of time is granted by the City Council.
No past due entitlement monies are owed to the City for project
processing of this Commercial Planned Development, Conditional
Use Permit or Parcel Map. There are however, past due monies
owed to the City for post- entitlement work effort amounting to
approximately $20,000, which must be paid before any permits
would be issued.
CONCLUSION
The City Council has several alternatives that could be
implemented for this property, including:
1. Approval of the applicant's extension request;
2. Denial of the extension;
3. Approval of the extension for a lesser period of time than
requested;
Should the City Council conclude that an extension of time is
the preferred conclusion to the applicant's request, it is
suggested that standards adopted for site development since this
project was approved, be included as conditions (lighting,
covered trash enclosures) and that the extension be granted for
a maximum period of six (6) months to March 17, 2001, contingent
upon the payment of past due processing fees owed to the City..
STAFF RECOMMENDATION
Approve an extension of time for six (6) months to March 17,
2001, contingent upon payment of all outstanding project
processing fees by December 29, 2000, and direct staff upon
receipt of outstanding project processing fees to prepare a
Resolution granting the six (6) month extension of time to March
17, 2001, for adoption by the City Council.
S:1Community DevelopmentlEveryonelCity Council Agenda Reportslcc- 001206 Westgate Plaza CPD 96-3 stafreportdoc
`.41V �v
Honorable City Council
November 22, 2000
Page 4
Attachments:
1. Condition No. 6 of City Council Resolution 97 -1382
2. Applicants Request
3. Excerpt - Zoning Ordinance
S:ICommunity DevelopmentlEveryonelCity Council Agenda Reporfslcc- 001206 Westgate Plaza CPD 96-3 staff report.doc
City Council Resolution
CPD 96 -3, CUP 96 -2 and PM 505'
Page No. 6
Use_._InatLg` lratj cn
6. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
two (2) years after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to one (1)
additional year extension for project inauguration if there
have been no changes in the adjacent areas and if applicant
can document that he has diligently worked towards
inauguration of the project during the initial two year
period. The request for extension of this entitlement shall
be made in writing, at least 30 -days prior to the expiration
date of the permit.
7. That the hours of operation for all uses on the site shall be
limited to the hours of 6:00 a.m. to 12:00 midnight.
Vacuuming of the parking area or the use of any other noise
producing equipment shall not take place between the hours of
10:00 p.m. and 7:00 a.m. Further requests to extend the
hours of operation shall require public notification to
property owners within 1,000 feet of the site.
Dismal an�e.�f— Drive -`hru A e�� for Any Pu_r os
8. Drive - through access for any purpose shall not be allowed for
the westerly most pad located adjacent to the residential
properties or for the two -story office /retail building.
9. Upon expiration of this permit, or abandonment of the use, the
premises shall be restored by the permittee to the conditions
existing prior to the issuance of the permit, as nearly as
practicable."
awo ..
10. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
C: \M \CPD.963 \2FINAL.OTACHMEN %I. I �f
A. DEEWAY TE JONES, D.D.S.
FAMILY DENTAL GaRE 722 E. MAIN STREFT
SA:\TA PAULA, CALIFORNIA 93060
(805) 520.7464 • 525 -3001
August 17, 2000
Wayne Loftus, Director Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Re: Westgate Plaza - CPD - 96 -3 CUP 96 -2 PM 5056
Dear Mr. Loftus:
There have been some unusual circumstances which have impaired my ability to develop
this project. Not the least of which is the Reciprocal Access through Mission Bell Plaza.
We have asked the City for clarification of the secondary access required by the Fire
Department. I know you have been working on a solution but this issue is still open.
I respectfully ask for a year's extension to give me additional time necessary to get this
project started.
ADJ:sj
xc: John Newton
Sincerely, \`
A. DecWavne Jones, D.D.S.
ATTACHMENT 9 G�\ �07
decision's appeal period unless an appeal, in proper form
and addressed to the appropriate decision - malting authority,
is filed with the director of community development prior
to the expiration of the appeal period.
2. A decision of the city council is effective on the
d, :te it is rendered.
E. Effect of an Appeal. The filing of an appeal shall
automatically stay all proceedings in furtherance of the
subject request. Neither the applicant nor any enforcement
agency may rely on an authority's decision until the expira-
tion of the decision's appeal period or until the appeal has
been resolved, whichever occurs later. See also Section
17.44.0990.
F. Implementation. The director of community develop-
ment shall be responsible for preparing the resolutions or
letters mentioned in this chapter and any other paper or
document required by the planning commission or the city
council in order to discharge their duties and responsibilities
under this chapter and title. It shall be the responsibility
of the pennittee to ensure that all conditions placed on
a permit are met.
G. Expiration. Unless otherwise specified in this title
or in the permit conditions, any permit hereafter granted
that requires a zoning clearance becomes null and void
if a zoning clearance is not obtained by the permittee within
the time specified in such permit. If no date is specified,
the permit shall expire one (1) year from the date of issu-
ance unless a zoning clearance has been issued. After
expiration of a permit, the property affected thereby shall
be subiect to the regulations of the applicable zone classifi-
cation and all other provisions of this title. The permittec
is solely responsible for the timely renewal of a permit:
the city has no obligation to notify Life permittee of the
imminent expiration of the permit. (Ord. 189 § 3 (8111 -5),
'994)
17..44.070 Reapplication.
An application request may be denied with prejudice
on the grounds that two (2) or more similar application
requests have been denied in the past two (2) years, or
tha! other good cause exists for limiting the fine of
applications with respect to the property. If such denial
becomes effective, no further application for the request
shall be filed in whole or in pan for the ensuing eighteen
(18) months ex.ept as otherwise specified at the time of
the denial, or unless there is a substantial change in the
application. (Ord. 189 § 3 (8111 -6), 1994)
17.44.080 Modification, suspension and
revocation.
A. Modification of Permits. An application for modifi-
381
17.44.060
canon of a permit or variance pursuant to this section may
be filed by any person or entity listed in Section
17.44.040A. Any change of an approved discretionary
permit is also a discretionary decision and is considered
to fall into one (1) of the following three (3) categories:
1. Reserved.
2. Minor Modification. Any proposed change that
exceeds the criteria of a site plan adjustment, but is not
extensive enough to be considered a substantial or funda-
mental change in land use relative to the permit, would
not have a substantial adverse impact on surrounding
properties, and would not change any findings contained
in the environmental document prepared for the permit,
shall be deemed a minor modification and be acted upon
by the director of community development or designee
through an administrative hearing process.
3. Major Modification. Any proposed modification
which is considered to be a substantial change in land use
relative to the original permit, and/or would alter the
findings contained in the environmental document prepared
for the permit, shall be deemed a major modification and
be acted upon by the decision - making authority which
approved the original permit.
4. Permit Adjustment. Any change which would not
alter any of the findings pursuant to this title, nor any
findings contained it the environmental document prepared
for the permit, and would not have any adverse impact
on surrounding properties, may be deemed a permit adjust-
ment and acted upon by the director of community devel-
opment or designee without a hearing. There shall be no
more than one (1) approved permit adjustment per calendar
year. Such changes include, but are not limited to, the
following:
a. An increase or decrease of not more than ten percent
(10 %) in floor or permit area and an expansion of less than
five thousand (5,000) square feet, whichever is less, or
in the area of walls, fences or similar structures used as
screening, or in height, provision for landscaping or similar
standards or dimensions, provided that any increase in
parking space requirements can be accommodated on -site;
b. Internal remodeling or minor architectural changes
or embellishments involving no change in basic architectural
style or any change in use where the new use requires the
same or a lesser permit than the existing use; or the estab-
lishment of a new use in an unoccupied building that has
been granted a permit; provided, in both cases, that any
increase in parking space requirements can be accommodat-
ed on -site.
B. Modification, Suspension and Revocation for Cause.
Any permit or variance heretofore or hereafter granted may
be modified or revoked, or its use suspended, by the same
decision- making authority and procedure which would
ATTACHMENTS