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Home My WebLink AboutAGENDA REPORT 2003 1203 CC REG ITEM 10CMOORPARK CITY COUNCIL AGENDA REPORT TTEM 10 . G . CTTV OF - W)0-RP %Rk , C,AJJF0RNTA ('ity Cna3nril'1�cetin� of /04 3'0?00,3 A C T E (-) : TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared by: Steven Valdez, Planning Technici DATE: November 4, 2003 (CC Meeting of 12/3/03) SUBJECT: Consider Recordation of a Proposed Blanket Easement at 105 E. High Street (Mayflower Market). BACKGROUND On January 22, 1996, the Planning Commission adopted Resolution No. PC -96 -317, approving Commercial Planned Development Permit (CPD) No. 95 -02 for the reconstruction of the Mayflower Market, located at 105 East High Street. On July 1, 2003, the Planning Commission approved Resolution No. PC- 2003 -445, allowing Minor Modification No. 01 to CPD No. 95 -02, a request by the project applicant for the alteration of a required reciprocal access easement at 105 East High Street. A copy of Resolution PC -2003- 445 is attached. The applicant is currently seeking City Council approval of a proposed offer of dedication of an access easement in favor of the City to satisfy one of the conditions of the Minor Modification. DISCUSSION Special Condition of Approval No. 2 for Minor Modification No. 1 to Commercial Planned Development No. 95 -02 required a reciprocal access easement in favor of the City. A blanket easement covering the entire lot was proposed by the applicant to satisfy this condition. This would provide future access to the adjacent property to the east, while allowing flexibility in terms of future building design and /or location. The offer of dedication of this easement was notarized by the applicant on August 16, 2003, and is ready to be sent to the County for 000MO-5-0 Honorable City Council December 3, 2003 Page 2 recordation upon direction by the City Council. All other conditions of Minor Modification No. 1 have been met and no Municipal Code violations exist on site. STAFF RECOMMENDATION Direct staff to record the irrevocable offer of easement. Attachments: 1. Resolution No. PC- 2003 -445 2. Proposed Irrevocable Offer of Dedication S: \Community Development \DEV PMTS \C P D \1995 -02 Mayflower \MIN MOD 01 \mayflower cc Agenda Report.doc OV0VS1L RESOLUTION NO. PC- 2003 -445 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 1 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 1995 -02 FOR ALTERATION OF A REQUIRED ACCESS EASEMENT, LOCATED AT 105 E. HIGH STREET, ON THE APPLICATION OF JOHN NEWTON ON BEHALF OF MAYFLOWER MARKET. (ASSESSOR PARCEL NO(S). 512 -0- 092 -130) WHEREAS, on June 17, 2003, the Planning Commission held a duly noticed public hearing to consider the application of John Newton on behalf of Mayflower Market for Minor Modification No. 1 to Commercial Planned Development Permit No. 1995 -02 for the alteration of a required access easement on Assessor Parcel Nos. 512 -0- 092 -13 & 512 -0- 092 -14; and WHEREAS, at its meeting of June 17, 2003, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and considered public testimony both for and against the proposal and reached a decision on the matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15303 as a Class 5 exemption (minor changes in land use limitations). NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission reaffirms the findings of approval contained in Resolution No. PC -96 -317, in accordance with City of Moorpark Municipal Code Section 17.44.030. SECTION 2. PLANNING COMMISSION Commission approves Commercial Plann( Minor Modification No. 01 subject to Conditions of Approval included in Standard Conditions of Approval), incorporated herein by reference. ACTION: The Planning sd Development No. 95 -02 the Special and Standard Exhibit A (Special and attached hereto and CC ATTACHMENT 1 Resolution No. PC -�-„J3 -445 Page 2 SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Lauletta, Peskay, Pozza and Chair Landis NOES: ABSTAIN: ABSENT: Vice Chair DiCecco PASSED AND ADOPTED this 17th day of June, 2003. Kipp" Al. La('ndis;- --Chair ATFEST: B, m /K/. Hoene C mm ty eve jpment Director Exhibit A - Special and Standard Conditions of Approval 000053 Resolution No. PC 03 -445 Page 3 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO.95-02 Minor Modification No. 1 SPECIAL CONDITIONS 1. Except as stated herein, all conditions of Commercial Planned Development No. 95 -02 remain in full force and effect. 2. Condition No. 27 of Resolution No. PC -96 -317, approving Commercial Planned Development Permit No. 1995 -02 is repealed and replaced with the following condition: Within forty -five (45) days of this approval, the applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purpose of providing legal access to the adjacent property to the east, effective upon the adjacent property owner granting reciprocity. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. If accepted by the City of Moorpark, this easement may be fully assignable to the property owner to the east of this property, as an easement appurtenant for access, ingress and egress purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required appurtenant documents required to satisfy the above requirements shall be to the satisfaction of the Community Development Director, City Engineer and the City Attorney. STANDARD CONDITIONS PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING C014PLIANCE WITH THE FOLLOWING CONDITION(S) A. GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein 000054 Resolution No. PC J3 -445 Page 4 in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 2. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17 - Zoning, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 4. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 5. The permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. The permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his /her obligation under this condition. 6. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Community Development Director the name(s) and address(es) of the new owner(s), lessee (s) or operators) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 7. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description 000055 Resolution No. PC _003 -445 Page 5 prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 8. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 9. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The Permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. - END - 000056 RECORDING REQUESTED BY AND WHEN RECORDED MAILED TO: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attention: Barry Hogan, Community Development Director EXEMPT FROM RECORDER'S FEES pursuant to Government Code Sections 6103 and 27383 SPACE ABOVE THIS LINE FOR RECORDER'S USE IRREVOCABLE OFFER OF DEDICATION (Government Code 7050; Civil Code 1009(c)) Mustafa M. Hijaz and Nahala M. Hijaz owners of real property located in the City of Moorpark, County of Ventura, described on Exhibit A attached hereto and incorporated herein by reference hereby makes an irrevocable offer of dedication of an easement over the property identified on Exhibit A, for public access, ingress and egress and all uses appurtenant thereto to the City of Moorpark. The City of Moorpark shall incur no liability with respect to this offer of dedication and shall not assume any responsibility for the offered property or any improvements to the property until this offer has been accepted by appropriate action of the City Council of the City of Moorpark. If accepted by the City of Moorpark, this easement shall be fully assignable to the then owner of the property described on Exhibit B, attached hereto and incorporated herein by reference, as an easement appurtentant for access, ingress and egress purposes and all uses appurtenant thereto. Provided, however, that prior to any use of the easement, the City, or its assignee, shall be responsible for the costs associated with removal and replacement of any parking spaces, driveway apron, curb or other physical improvements necessitated by the use of the Easement. The provisions of this offer shall inure to the benefit of and be binding upon the heirs, successors, assigns and personal representatives of the respective parties to the offer. IN WITNESS WHEREOF, the undersigned has executed this Offer of Dedication on this 27th day of August, 2003, to be effective upon its recordation in the Official Records of Ventura Cou , C i Via u� .r By: Mu a a M. Hija; y. Nahala M. 113303v CC ATTACHMENT 2 000057 CALIFORNIA ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF yL4f —VLA On - 16 before me, 7� A h C -S Uj kA , nl c T.4Jf y DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC- personally appeared, t103 r!9Frl M. tq rTtl � )s lam' Afml—tq rJ, H +TA -- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/ they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ik�O FARY PUKIC-CAUFICRNIA GI VEIUP. COUNTY n COMM. . F_x.P, aFr_. 25 2004-� (SEAL) ARY PUBLIC SIGNATURE f� OPTIONAL INFORMATION :..::w � TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE 0®0058 ' ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF yL4f —VLA On - 16 before me, 7� A h C -S Uj kA , nl c T.4Jf y DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC- personally appeared, t103 r!9Frl M. tq rTtl � )s lam' Afml—tq rJ, H +TA -- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/ they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ik�O FARY PUKIC-CAUFICRNIA GI VEIUP. COUNTY n COMM. . F_x.P, aFr_. 25 2004-� (SEAL) ARY PUBLIC SIGNATURE f� OPTIONAL INFORMATION :..::w � TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE 0®0058 LEGAL DESCRIPTION FOR MAYFLOWER MARKET (HIJAZ) EXHIBIT A (LLA -95 -4, Moorpark) SAID LAND IS SITUATED IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS SEVEN (7) AND EIGHT (8), BLOCK "D ", AS THE SAME IS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF A PART OF TRACT L OF RANCHO SIMI, VENTURA COUNTY, CALIFORNIA, SHOWING TOWNSITE OF MOORPARK AND LANDS OF MADELINE R. POINDEXTER, A RE- SUBDIVISION OF THE FREMONT TRACT" AND RECORDED IN THE OFFICE OF SAID VENTURA COUNTY IN BOOK 5 OF MISCELLANEOUS RECORDS (MAPS) AT PAGE 5. 000059 IGH STREET City of Moorpark Planning Divilslorl L o c a t li o n I 'J 55 'E. H I G 'H Sl - RE17 E7 T m3m-OGO LEGAL DESCRIPTION FOR DR.CAREN EXHIBIT B SAID LAND IS SITUATED IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT SIX (6) BLOCK "D ", AS THE SAME IS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF A PART OF TRACT L OF RANCHO SIMI, VENTURA COUNTY, CALIFORNIA, SHOWING TOWNSITE OF MOORPARK AND LANDS OF MADELINE R. POINDEXTER, A RE- SUBDIVISION OF THE FREMONT TRACT" AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID VENTURA COUNTY IN BOOK 5 OF MISCELLANEOUS RECORDS (MAPS) AT PAGE 5. 000061 Z J ` City of Moorpark Planning Division Lencation: 139 E. N ?GN S-i �E E i 62