HomeMy WebLinkAboutAGENDA REPORT 2002 1016 CC REG ITEM 08CTO:
FROM:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Barry K. Hogan, Community
Prepared By: Scott Wolfe,
ITEM A C •
CITY or monRPARK, CALIF ORNTA
City Conneil Meeting
of
Y lnelcdi r!1
BV.
Development Directo
Principal Planner
DATE: October 4, 2002 (CC Meeting of 10/16/02)
SUBJECT: Consider Minor Modification No. 3 to Commercial Planned
Development No. 92 -01 to Modify the Conditions of
Approval Pertaining to Permit Expiration and to review
Existing Conditions of Approval for Compliance with
Current City Standards for the gasoline station /mini -mart
at the southwest corner of Moorpark and Los Angeles
Avenues. (APN 512 -0- 131 -070) Applicant: Moorpark Oil
Company
BACKGROUND
The Planning Commission, on March 15, 1992, considered the request
for approval of Commercial Planned Development (CPD) Permit No 92-
01 for a gasoline station /mini -mart at the southwest corner of
Moorpark and Los Angeles Avenues. This permit was approved, with
conditions, by Resolution No. PC- 1993 -273. Condition No. 3 of this
permit reads: "This Commercial Planned Development Permit shall
expire when the use for which it is granted is discontinued for a
period of 180 or more consecutive days." The intent of this
condition is to provide incentive to keep the business operating so
as to avoid the deterioration of the site, which is common on sites
not actively operated. Additionally, this condition serves to allow
the City to require that the operation conform to the latest
requirements in the event that the operations cease.
In July of 2001, the station was being operated by Summit Energy
Corporation. Financial problems of Summit Energy resulted in the
property being placed in receivership and the on -site operation
ceasing. This cessation lasted until July of 2002, when Moorpark
Oil Company again opened the station under the brand name, Alliance
Gas. This opening took place subsequent to the expiration of the
permit, per the requirements of Condition No. 3. As such, actions
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October 16, 2002
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at the site were considered violations of the Municipal Code. As
this was the case, staff has withheld the issuance of any further
approvals for this station, to include a clearance requested by the
Alcoholic Beverage Commission (ABC) for the issuance of a license
to sell alcoholic beverages. The applicant challenges the
expiration of the Commercial Planned Development permit, and
contends that the permit is vested and cannot expire, but has
agreed to request this modification to remedy the situation by
requesting elimination of the condition. In addition, staff has
reviewed existing Conditions of Approval for compliance with
current City standards.
DISCUSSION
In analyzing the applicant's request, staff has taken the approach
that the applicant is attempting to re -open the station under the
conditions of the existing Commercial Planned Development permit.
With this approach, staff has requested that the applicant provide
site plans, landscape plans and signage plans, as would be required
for a new CPD permit. This enables the complete analysis of the
project for compliance with current City standards, while giving
the applicant a base line from which to estimate the improvement
costs.
The deletion of Condition No. 3 would allow for the continuance of
this CPD permit. Should the City Council find that this request
has merit, staff would recommend that this condition be altered,
rather than deleted, to reflect an appropriate process to
accomplish the goals of the original condition while clarifying the
intent of the requirement for the applicant. Such a condition can
be applied and will not adversely affect the effectiveness of the
CPD permit. Once this condition is altered, and any additional
conditions imposed in this permit complied with, requested actions
on behalf of this business can once again be approved, including
the issuance of the Alcoholic Beverage Commission clearance.
Staff has found that the existing site plan has served adequately
to move traffic through the station, provide parking and
circulation for the customers of the food mart, allow for
deliveries, and present a marketable front to passing traffic. The
applicant has not altered the layout of the site since the site
plan was approved and the station constructed.
One component of this station that has changed significantly is the
landscaping. Over time, the planting that was originally in place
has been changed, either through the death of plant materials or
through the removal of plants. This has resulted in a decline in
S: \Community Development \C P D \1992 -01 \Minor Mod 3 \cc 021016 Staff Report.doc
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Honorable City Council
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the street appearance of the station, particularly the corner
element around the monument sign. The intent of the original
landscape plan was to display colorful plant materials to the
street. At this time, the corner element consists mainly of lawn
area, with little or no color planted around the monument sign.
Additionally, many of the shrubs which were planted around the
building adjacent to the parking areas, no longer exist and should
be replaced. The applicant proposes that the previously approved
landscape plans be utilized and that replanting take place to bring
the station back to the level of landscaping expected when it was
originally approved.
The applicant has prepared signage plans that reflect the current
status of the signage on site. Additionally, they have proposed
some further changes. The change from the original Arco brand to
Summit, and then to Alliance, has resulted in signage on site which
is less than cohesive and in violation of the Municipal Code. In
an attempt to bring the signage to City standards, the applicant's
signage plans utilize existing features as much as possible,
refitting fixtures to avoid additional work. This has resulted in
some aspects of the signage program which are not satisfactory. It
is recommended that the signage be referred back to staff to
determine appropriate signage for this station.
Additionally, there are other changes needed for this site,
primarily relating to National Pollution Discharge Elimination
System ( NPDES) requirements. A review of the site plan has
indicated that with the addition of two (2) improvements, the site
can be adequately fitted to prevent significant storm water
pollutant discharge. Current standards require that pollutants in
storm water be kept on site, rather than discharged into the storm
drain system. The primary pollutant discharge risk for this type
of use is hydrocarbon discharge from the spillage of gasoline or
other petroleum products. As this type of spill generally occurs
only on the paved surfaces, and the paved surfaces drain on site
into storm drain inlets, the inlets are the most logical location
for the protection to be placed. Therefore, staff is recommending
that a condition be imposed requiring the storm drain inlets on
site be upgraded to accommodate a filter insert which will be
properly maintained. This filter will allow the water to pass
through while capturing most of the hydrocarbon pollutants which
may be suspended in the storm water. Additionally, current NPDES
standards require that trash enclosures be covered to shelter the
enclosures and the bins inside from rain water. A sheltering
cover, constructed to the current standards, is suggested as a
Condition of Approval. Drains within the trash enclosures are also
typically required, but since this is an existing facility, the
S: \Community Development \C P D \1992 -01 \Minor Mod 3 \cc 021016 Staff Report.doc
Honorable City Council
October 16, 2002
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filters in the drain inlets should be adequate to prevent most
pollutants which may emanate from the trash enclosure area.
ENVIRONMENTAL DETERMINATION
This project has been determined to be exempt from CEQA as a Class
5 Exemption (Minor Changes in Land Use Limitations). No further
environmental documentation is necessary.
STAFF RECOMMENDATIONS
1. Open the public hearing, accept public testimony, and close
the public hearing.
2. Adopt Resolution No. 2002- approving Minor Modification
No. 3 to Commercial Planned Development No. 92 -01, amending
Conditions of Approval.
Attachments:
1. Site Plan
2. Planting Plan
3. Draft Resolution No. 2002- amending Resolution No. PC-
93 -273 Conditions of Approval.
S: \Community Development \C P D \1992 -01 \Minor Mod 3 \cc 021016 Staff Report.doc
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RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MINOR
MODIFICATION NO. 3 TO COMMERCIAL PLANNED
DEVELOPMENT NO. 92 -01 TO MODIFY CONDITION NUMBER
3, AND TO AMEND CONDITIONS TO REFLECT CURRENT
CITY STANDARDS, FOR AN EXISTING SERVICE STATION
LOCATED AT 50 WEST LOS ANGELES AVENUE, ON THE
APPLICATION OF MOORPARK OIL COMPANY (ASSESSOR
PARCEL NO. 506 -0- 050 -220)
WHEREAS, at a duly noticed Public Hearing on October 16,
2002, the City Council considered Minor Modification No. 3 to
Commercial Planned Development (CPD) No. 92 -01 to modify
Condition Number 3, and to amend Conditions to reflect current
City standards, for an existing service station located at 50
West Los Angeles Avenue, on the application of Moorpark Oil
Company (Assessor Parcel No. 506 -0- 050 -220); and
WHEREAS, at its meeting of October 16, 2002, the City
Council conducted a public hearing, and after receiving public
testimony closed the public hearing; and
WHEREAS, the City Council concurs with the Community
Development Director's finding that the project is categorically
exempt from the requirements of the California Environmental
Quality Act; and
WHEREAS, on October 16, 2002, the City Council, after
review and consideration of the information contained in the
City Council staff report, and testimony received, has reached a
decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. FINDINGS: The City Council makes the following
findings:
A. The request is consistent with the intent and
provisions of the City's General Plan, any applicable Specific
Plan and applicable titles of the Moorpark Municipal Code, as it
makes only slight alterations to the Conditions of Approval for
a commercial use, on property which is appropriately designated
and zoned for such uses.
CC ATTACHMENT 3
Resolution No. 2002 -
Page 2
B. The request is compatible with the character of
surrounding development because the changes proposed enable the
subject project to meet current City standards within an
existing commercial area.
C. The proposal would not be obnoxious or harmful or
impair the utility of neighboring property or uses because the
proposed alterations to the existing use are minor and
consistent with the development standards, including signage and
landscaping standards of the Municipal Code.
D. The proposal would not be detrimental to the public
interest, health, safety, convenience or welfare, because the
proposed action will not result in changes which would cause or
worsen hazards or other adverse conditions, and would in fact
reduce the discharge of pollutants from the site which may be
detrimental to the public interest, health, safety, convenience
or welfare.
SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby
approves Minor Modification No. 3 to Commercial Planned
Development (CPD) No. 92 -01 subject to the Conditions of
Approval in Exhibit A.
SECTION 3. CERTIFICATION OF ADOPTION: The City Clerk shall
certify to the adoption of this resolution and shall cause a
certified resolution to be filed in the book of original
resolutions.
PASSED AND ADOPTED this 16TH day of OCTOBER 2002.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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Resolution No. 2002 -
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EXHIBIT A
CONDITIONS OF APPROVAL
FOR MINOR MODIFICATION NO. 3 TO
COMMERCIAL PLANNED DEVELOPMENT NO. 1992 -01
General Requirements:
1. All previously imposed conditions of Commercial Planned
Development Permit No. 1992 -01 and subsequent modifications
shall continue to apply, except as amended herein.
2. Condition No. 3 of Commercial Planned Development Permit
No. 1992 -01 is hereby altered to read as follows: "In the
event that the use for which Commercial Planned Development
Permit No. 1992 -01 and this Minor Modification are approved
is determined to be abandoned, the City of Moorpark may, at
its discretion, initiate revocation procedures for cause
per the provisions of Section 17.44.080. For purposes of
this condition, "abandoned" shall mean a cessation of the
sale of gasoline and the closure of the convenience store
component of the project to the public for a period of 180
or more consecutive days. Initiation of revocation
procedures may result in the revocation of the permit or
modification of the permit based upon the evidence
presented at the hearing."
3. The applicant shall submit to the Community Development
Department, an application for a sign permit for the
service station in compliance with the provisions of
Moorpark Municipal Code Section 17.40.130. A sign permit
shall be obtained for signage not previously approved by
December 16, 2002.
4. Landscaping shall be upgraded to be in substantial
compliance with the originally approved landscape plans
dated October 1, 1993. Planting and irrigation per
approved plan shall be in place by December 16, 2002, and
shall be maintained in perpetuity. Planting is subject to
final approval of the Community Development Director.
5. By December 16, 2002, an impervious cover shall be
installed over the trash enclosure to prevent the entry of
rainwater into the enclosure. This cover shall be
constructed of a material and color found to be compatible
by the Community Development Director with the main
S: \Community Development \C P D \1992 -01 \Minor Mod 3 \cc 021016 Reso.doc
Resolution No. 2002 -
Page 4
building or canopy cover. A zone clearance shall be
obtained prior to the issuance of a building permit for the
construction of this cover.
6. On site storm water drain inlets shall be resized, if
necessary, and fitted with filter inserts to capture
hydrocarbon pollutants in runoff from project site. The
resizing and filters shall be to the satisfaction of the
City Engineer. These filters shall be installed on or
before December 16, 2002, and shall be regularly maintained
and /or changed in accordance with manufacturer's
recommendations. Periodic maintenance reports shall be
forwarded to the Department of Community Development
following each recommended maintenance period for the
filters.
7. Outdoor storage on site is not permitted. Materials stored
outdoors on site shall be immediately removed or properly
stored inside of the food market.
8. No approvals, clearances, or any other requested actions on
behalf of the business regulated by Commercial Planned
Development Permit No. 1992 -01 (except as required to
comply with this modification) shall be issued until the
conditions of Commercial Planned Development Permit No.
1992 -01 and this modification have been met to the
satisfaction of the Community Development Director.
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