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Home My WebLink AboutRES CC 1994 1048 1994 0706RESOLUTION NO. - 94 -1048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING PORTIONS OF APPEAL NO. 94 -4 OF THE DIRECTOR OF COMMUNITY DEVELOPMENT'S DENIAL OF MANOR MODIFICATION NO. 9 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 89 -2 (VENTURA PACIFIC CAPITAL GROUP V1) WHEREAS, on March 10, 1994, R -Mart and Ventura Pacific Capital Group VI submitted Minor Modification No. 9 for CPD 89 -2 for: 1) vending machines and kiddie rides to be located outside of the K -Mart Building; 2) that 30 to 40 linear feet of display racks which hold seasonal potted plants be placed on the front walkway directly in front of the Garden Shop; 3) that the existing front 40 inch high cart wall be extended; 4) installation of newspaper racks at Carls' Jr.and K -Mart, and 5) relocation of the existing approved sign previously approved to be located at the southern most driveway on Park Lane to the originally proposed location in front of the Carls' Jr. restaurant along Los Angeles Avenue; and WHEREAS, the Director of Community Development reviewed the proposed Minor Modification and conditionally approved it on May 20, 1994, but denied the approval of the installation of the newspaper racks in the area of the drive -thru and the relocation of the monument sign; and WHEREAS, the applicant filed Appeal No. 94 -4 on June 3, 1994 asking that the newspaper racks (condition No. 1) and the relocation of the monument sign (condition No. 5) be approved; and WHEREAS, at the City Council hearing on July 6, 1994, the City Council considered the application filed by Ventura Pacific Capital Group VI requesting approval of Appeal No. 94 -4; and WHEREAS, at its meeting of July 6, 1994, the City Council opened the public hearing, took testimony from all those wishing to testify; and WHEREAS, the City Council after review and consideration of the information contained in the staff report dated June 10, 1994 has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Council having approved a portion of the Appeal as follows: The relocation of the monument sign from Park Lane to Los Angeles Avenue is approved to be used by a restaurant. The type of restaurant is subject to approval of the Director of Community Development. Section 2. The request for newspaper racks proposed to be located adjacent to the drive- through at the Carls' Jr. Restaurant is denied. SECTION 3. Minor Modification No. 9 hereby states that the following requests have been approved: A. Two soft drink machines and three coin operated kiddie rides located in front of the K -Mart west of the main entry. B. 40' linear feet of display racks which hold seasonal potted plants be placed on the front sidewalk directly in front of the building extending west of the Garden Shop entrance of the K -Mart. C. A 40 inch high cart wall extension for an additional 40 linear feet. D. Approval of installation of one set of newspaper racks at Carls' Jr., to be located along the westerly side of the building as shown as location No. 1 on the attached site plan. E. The relocation of the monument sign from Park Lane to Los Angeles Avenue is approved if used for advertising a restaurant. The type of restaurant is subject to approval of the Director of Community Development. PASSED, APPROVED AND ADOPTED THIS ATTEST: & _�� -- ity Clerk PP06:14:94112:25pM :\APEL944.R&S 6_"Y OF JIXY, 1994. ��#r rat"4_, Mayor of he City o Moorpark July 7, 1994 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 5296864 CITY OF MOORPARK COMNUINITY DEVELOPMENT DEPARTMENT APPROVAL OF A MINOR MODIFICATION Minor Modification No. Commercial Planned Development Permit No. 89 -2 (Minor Modification No. 9) Filed by: 1. K -Mart Corporation 700 South Orange West Covina, California 9179 -2651 2. Ventura Pacific Capital Group VI 340 Rosewood Avenue No. D Camarillo, California 93010 Address /Location: Los Angeles Ave. and Park Lane in the City of Moorpark For: Conditional Approval of: A. Two soft drink machines and three coin operated kiddie rides located in front of the K -Mart west of the main entry. B. 40' linear feet of display racks which hold seasonal potted plants be placed on the front sidewalk directly in front of the building extending west of the Garden Shop entrance. C. A 40 inch high cart wall extension for an additional 40 linear feet. D. Approval of installation of one set of newspaper racks at Carls' Jr., to be locate along the westerly side of the building as shown as location No. 1 on the attached site plan (Attachment 3). E . The relocation of the monument sign from Park Lane to Los Angeles Avenue is approved to be used as a restaurant. The type of restaurant is subject to approval of the Director of Community Development. The above approval is made with the attached conditions. PP07:07:94112:28pM:\M2AX 08.Ap1 1 PAUL W. LAWRASON JR. PATRICK HUNTER JOHN E. WOZNIAK BERNARDO M. PEREZ SCOTT MONTGOMERY Mayor Mayor Pro Tern Concilmember Councilmember Councilmember Printed on Recycled Pepe, California Environmental Quality Act (CEQA) Compliance: This Department has reviewed the project to ascertain if there will be a significant effect on the environment. It has been determined that this project is categorically exempt from CEQA requirements as a Class 1 exemption for minor alterations. Ordinance Compliance: Based upon the information and findings developed by staff, it has been determined that this application, with the attached conditions, meets the requirements of Moorpark Ordinance Code Section 8111 -2.1.2 - Permit Standards, in that: a. The Minor Modification is consistent with the intent and provisions of the City's General Plan and the City's Zoning Ordinance; b. The Minor Modification is compatible with the character of surrounding development; C. The proposed Minor Modification is not obnoxious or harmful, and does not impair the utility of neighboring property or uses; d. The Modification is not be detrimental to the public interest, health, safety, convenience, or welfare. Appeals: There is no appeal period for approval of this Minor Modification as this approval is a result of the City Council decision of Appeal No. 94 -4 of the approval of Minor Modification No. 9 to CPD 89 -2) which was heard by the City Council on July 6, 1994.. Zoning Clearance and Building Permit: Upon completion of any "prior to zoning clearance" conditions, a Zone Clearance may be obtained from the Community Development Department. CITY OF MOORPARK ime Aguilera, Director of Community Development Date: July 7, 1994 CC. Paul Porter, Senior Planner CPD 89 -2 Minor Modification No. 9 File Chroni File PP07:07:94112.28pM :\AZJD ?D8.AP1 2 Attachments: 1. Conditions of Approval 2. Site Plan Showing location of R -Mart Vending Machines, Extension of Cart Wall, plant display, and approved vs. proposed new location of Monument Sign 3. Plot Plan showing two proposed location of newsracks at Carls' Jr. Restaurant PPO7zO7z94122z28pMz\jffmx a-AP1 THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE EXISTING CONDITIONS OF APPROVAL FOR CPD 89 -2 CONDITIONS FOR CPD 89 -2 MINOR MOD NO. 9 1. Approval of this minor modification is conditioned upon the following requests of the applicant being denied: 1) The requested newspaper racks in front of the K -Mart and in the area of the drive - through at the Carls' Jr. Restaurant. 2. The metal roof covering located in the nursery area shall be painted the same color as the existing buildings. 3. A revised landscape plan shall be submitted for review and approval of the Director of Community Development. The following additional landscaping shall be added to the site: A. A two (2) foot wide landscaping strip as approved by the Director of Community Development shall be installed along the frontage of the existing and proposed cart wall as well as the screen wall for the soft drink machines and the kiddie rides. B. The area in front of the kiddie rides and vending machines shall be screened by a decorative wall. The height and design of this wall shall be approved by the Director of Community Development and shall utilize architectural features which will complement the building. C. The planting located in front of the entry wall located at the easterly portion of the main entry to the shopping center along Los Angeles Avenue shall be replaced with the plants as specified in the approved Landscape Plan. 4. Only live plant material on shelves shall be allowed to be displayed along the 40 feet of display racks which hold seasonal potted plants which are to be placed on the front sidewalk directly in front of the building extending west of the Garden Shop entrance. If the racks are empty, they shall be removed and placed inside the garden area. The existing "A" Frame display located in front of the nursery area shall be removed. 5. K -Mart shall hire either a collection company or their own employees on a continual basis to collect shopping carts that are taken off -site. In addition, K -Mart shall post a sign at all customer exits consistent with language in the Business and Professions Code relative to the removal of shopping carts from the premises. PP07:07:94 112:28pM:\M1AMW8.AP1 4 6. The design of the proposed newspaper racks at the Carls' Jr. Restaurant shall complement the architecture of the building and shall -be painted the same color as the existing building subject to, approval of the Director of Community Development. PP07:07:94 122:28pd :\XIMPM8.AP2 7� . Y n IUIVI�C AC SI1,�1. 11µ -- t. A S-S L i� _ n V E_N j. ij Kf.1AllT �I .vim - III - � - - �--- - --� -- ------- - - - - -- -' � � c .,, a _ �\ I 7 —(I7 =_ I n Q tK,i $lior'$ LUT.2 �..o.. , _ Q � �- J i I � 7 n Q tK,i WI z? Q � �- J i I � j a. a _. - . -- _-- .. -__. - __..__._..�. r �� L`. \�j P�iIfELIIIfE COVnst wr.: - �� V, - I I f .10A9 SALES— LOT I ....r LOT n r Y •rAD 1 I ll ` L� n f •' 77- • -� I•�I -1' I -V ._. '.iJ �'fl� I ' r �. �r ..... i ...... I- .v 1111.1�1-f 1111 - i -- - L 0 S I !1 tJ G E L S S\ - .•'..•.. "' "' �n V E N U E PROPOSED LOCATION OF MONUMENT SIGN / AnACHME rT-Q- nn J C 4 a U r u. Y. a� 0. N O o z w N — a J 0. J � ujU wU .m X z� O N 2 —_ J f( 4 w� t::x V) EX.'I 78' > M1{ SILI��`,Q w 115.19 Ft .i hf_, n v+ t PARCEL "A " Yi �l 7 O MCY>♦ 0.07 ACRES 0000000 U ON Rt CJUR f N00'00'01 "E 8 t.00' I( i CDNC � \ r 00100'00 "E 171.00' R1 6 nt I � I CDNC I II I ! V CjJNN i P RK NG ISP CE (�) U i 1 AC PAVEMENT f U t b LOT 4 r _ 1i I 4 1.1t ACRES STOP 1 Zi "k) I � 4 r O r� 10 A KIN' S G :i C v - - -.. _ Q SV _ o 0 I z II I CARLS JR. 73.96' IPJ W, COS ANGELES AYENUE 2J.67' Q � N N00'00' 171.00' R1 d M I I jo 1 I II LOT 3 0.74 ACRES �o -O I uj IICONC m Q z e a I m a I� o Ii N 0 N - I U N (j o CURB IT �I N 1 { U� 0 N ► 27.39' TO l CORNER MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529.6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 94 -1048 was adopted by the City Council of the City of Moorpark at a meeting held on the 6th day of JULY _, 1994, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER WOZNIAK ABSTAIN: NONE WITNESS my hand and the official seal of said City this 21st day of JULY 1994. i.11ian E. Hare' City Clerk PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Concilmember Printed on Recycled Paper