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HomeMy WebLinkAboutRES 1985 67 1120RESOLUTION NO. PC -85 -67 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING PLANNED DEVELOP- MENT PERMIT NO. PD -1047 ON APPLICATION OF ANTHONY ANNOTI. ASSESSORS PARCEL NO. 506- 050- 110,- 11, -12. WHEREAS, at duly noticed public hearing on October 24, 1985, November 14, 1985, the Moorpark Planning Commission considered the application filed by Anthony Annotti, requesting approval to con- struct a 9,370 square foot neighborhood shopping center. Located at the southwest intersection of Park Lane and Los Angeles Avenue. WHEREAS, the Planning Commission, after review and considerat- ion of the information contained in the Mitigated Negative Declaration, has found that this project will not have a significant effect on the environment; and has reached its decision in the matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the findings contained in the staff report dated October 24, 1985 (revised November 14, 1985), which report is incorporated by reference as though fully set forth herein are hereby approved; SECTION 2. That at its meeting of November 14, 1985, the �^ Planning Commission took action to direct staff to prepare a Resolution l with attached staff recommended conditions, as modified, recommending approval of Planned Development Permit No. PD -1047; said Resolution to be presented for Consent Calendar action at the next regularly scheduled meeting. The action with the foregoing direction was approved by the following roll call vote; AYES: Commissioners Claffey, Hartley, and LaPerch; NOES: None; ABSTAIN: None; ABSENT: Chairman Holland, Commissioner Keenan. PASSED, APPROVED AND ADOPTED this 20 day of November, 1985. ATTEST: a�LZAI(e.d Acting Secretary CONDITIONS FOR: APPLICANT- DATE: PLANNED DEVELOPMENT PERMIT NO. PD -1047 Anthony Annotti November 14, 1985 REVISED /MODIFIED /DELETED CONDITIONS: Planning Department Conditions 9. That prior to the issuance of a zone clearance, a landscaping and planting plan (3 sets), together with specifications and maintenance program, prepared by a State Licensed Landscape Architect, generally in accordance with County Guidelines for Landscape Plan Check or such other guidelines to be submitted to the Director of Community Development and Planning Commission for approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by the City of Moorpark. All landscaping and planting shall be accomplished and approved prior to the inauguration use of this permit. a. Landscaping along streets and at intersections shall not impair sight distance. Low -lying shrubbery should be planned around intersections so that a seated driver does not have to partially enter the intersection in order to gain a clear view of oncoming traffic. b. Landscaping shall be designed as not to obstruct the view of any building or office entrance /exit, windows, walkways, or vehicles parked in the parking lot. c. Delete. ADD Any change of use of occupancy which establishes an eating area shall require filing of a Minor Modification with the Director of Community Development review and Planning Commission approval. 34. That prior to issuance of a zone clearance permit, the developer shall submit to the City of Moorpark for review and approval, evidence that all the buildable sites in the subdivision will be protected from flooding Developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. Developer shall pay for the installation of all street light fixtures as directed by the City Engineer. CONDITIONS FOR: PLANNED DEVELOPMENT PERMIT NO. PD -1047 APPLICATION: Anthony Annotti DATE: November 14, 1985 REVISED /MODIFIED /DELETED CONDITIONS: Ventura County Fire Department Conditions: 69. Since the building is 9,370 square feet, all buildings will be protected by an automatic sprinkler system, in accordance with Ventura County Ordinance, plans shall be submitted, with payment for plan check to the Ventura County Bureau of Fire Protection for review. 71. Delete. ADDITIONAL PLANNING CONDITION Roof design and construction shall include a minimum 18" extension of the parapet wall above the highest point of the roof. Material to be used will be stucco or block (block at the rear, stucco on the face). CONDITIONS FOR: APPLICANT: DEVELOPMENT PLAN PERMIT NO. PD -1047 Anthony Annotti PLANNING DEPARTMENT CONDITIONS 1. That the permit is granted for the land and project as shown on the plot plans and elevations labeled Exhibits "'3 "" and 114" except or unless indicated otherwise herein. 2. That the development is subject to all applicable regula- tions of the C -P -D zone and all agencies of the State, Ven- tura County, the City of Moorpark and any other governmental entities. 3, inat unless the use is inaugurated not later than two years after the date this permit is granted, this permit. shall automatically expire on that date. The Planning Director may, at his discretion, grant one additional one year exten- sion for use inauguration if there have been no changes in the adjacent areas, and if permittee has diligently worked toward inauguration of use during the initial two year period. 4. That any minor changes may be approved by the Planning l Director upon the filing of aErMinor Modification applica- tion, but any major changes will require the filing of a Major Modification application to be considered by the City Council. 5. That all facilities and uses other than those specifically requested in the application are prohibited unless a modifi- cation application has been approved by the Planning Director. 6. That the design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, and County and City authorities, and all such requirements and enact- ments shall, by reference, become conditions of this permit. 7. That if any of the conditions or limitations ditional Use Permit are held to be invalid, shall not invalidate any of the remaining limitations set forth. of this Con - that holding conditions or October 24, 1985 CONDITIONS FOR: DEVELOPMENT PLAN PERMIT NO. PD -1047 APPLICANT: Anthony Annotti PLANNING DEPARTMENT CONDITIONS g, That prior to construction of each building, a Zoning Clearance shall be obtained from the Planning Division and a Building Permit shall be obtained from the Building and Safety Division. A separate Zoning Clearance shall be otained prior to occupancy of individual lease units within the shopping center. 9. That prior to the issuance of a zone clearance, a landscaping and planting plan (3 sets), together with specifications and maintenance program, prepared by a State Licensed Landscape Architect, in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Director of Community Development and Planning Commission for approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by the City of Moorpark. All landscaping and planting shall be accomplished and approved prior to the inauguration of use of this permit. a. Landscaping along streets and at intersections shall �^ not impair sight distance. Low - lying shrubbery should be planted around intersections so that a seated driver does not have to partially enter the intersection in order to gain a clear view of oncoming traffic. b. Landscaping shall be deNp ed as not to obstruct the view of any building or of ice entrance /exit, windows, walkways, or vehicles parked in the parking lot. c. Trees shall be planted along the south property line to reduce visual impacts from adjacent property. 10. That continued landscape maintenance shall be subject to periodic inspection by the City. The permittee shall' be required to remedy any defects in ground maintenance, as indicated by the City inspector, within two weeks after notification. 11. That the final design of front, side and rear building ele- vations of each building, and signs, walls, fences, and light standards, including materials and colors, is subject to the approval of the Planning Commission. 12. That all roof mounted equipment (vents, stacks, blowers, air conditioning equipment) that may extend above the parapet wall shall be enclosed on all four sides by suitable screen - 10�1 ing or fencing. Said screening material shall be of similar material used in the construction of the parent building. October 24, 1985 CONDITIONS FOR: DEVELOPMENT PLAN PERMIT NO. PD -1047 APPLICANT: Anthony Annotti PLANNING DEPARTMENT CONDITIONS 13. That trash disposal areas shall be provided in locations which will not interefere with circulation parking or access to the building, and shall be screened with a six (6) foot high solid fence or wall enclosure. Final design of said enclosure shall be subject to the approval of the Planning Commission. 14. That all utilities shall be placed underground, except through transmission utilities. 15. That all parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs or posts in parking areas adjacent to landscape areas. 16. That all required yards, fences, parking areas, storage areas, operations yards, and other uses on the site shall be improved as required by these regulations and shall at all times be maintained in a neat and orderly manner appropriate for the C -P -D zone. 17. That no use for which this permit is granted shall be com- menced until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certifi- cate of Occupancy may be issued until all onsite improve- ments specified in this permit have been completed, or until permittee has entered into an agreement with the City to complete all onsite improvements specified in this permit and has posted a Faithful Performance Bond or other form of financial security to guarantee the agreement; said onsite improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to com- ply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satis- faction of the Planning Director, the surety may be exon- erated by action of the Planning Director. 18. That signs are subject to the Moorpark Zoning Ordinance, Article 24, a sign permit is required. 19. That no later than ten (10) days after any change of prop- erty ownership or of lessee(s) or operator(s) of the subject use, there shall be filed with the Planning Director the name(s) and address(es) of the new owner(s), lessee(s), or operator(s), together with a letter from any such person(s), acknowledging and agreeing to comply with all conditions of this permit. October 24,1985 CONDITIONS FOR: DEVELOPMENT PLAN PERMIT NO. PD -1047 r APPLICANT: Anthony Annotti PLANNING DEPARTMENT CONDITIONS 20. That if, in the future, any use or uses are contemplated on the site differing from that specified in the permit, either the permittee, owner, or each prospective tenant shall file a project description prior to the execution of the new lease agreement. or the initiation of the use. A review by the Planning Director will be conducted to determine if the proposed use is compatible with the C -P -D zone and the terms and conditions of this permit. Said review will be con- ducted at no charge and an approval letter sent unless a minor or major modification is required, in which case all applicable fees and procedures shall apply. 21. That the permittee agrees as a condition of issuance (or renewal) and use of this permit to defend, at his sole ex- pense, any action brought against the City because of issu- ance (or renewal) of this permit or, in the alternative, to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by a court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligations under this condition. 22. That permittee's acceptance of this permit and /or commence- ment of construction and /or operations under this permit shall be deemed to be acceptance by permittee of all condi- -.... - ri,nac of this_nPrmiY 23, That prior to issuance of a Zoning Clearance, the applicant on behalf of himself and his successors and assigns, agrees not to protest or otherwise contest the formation of any assessment district or method of assessment applicable to the development which may be established by the City of Moorpark for the purpose of maintaining landscaping and im- provements within the rights -of -way of Los Angeles Avenue and /or Moorpark Avenue. 24. Hours of operation for loading zone limited to off -hours (before 8:00 a.m., after 5:00 p.m., Monday thru Friday). October 24, 1985 CONDITIONS FOR: APPLICANT: CITY ENGINEER CONDITIONS DEVELOPMENT PLAN PERMIT NO. PD -1047 Anthony Annotti 25. That prior to issuance of zone clearance permit, the developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaranteeing completion. 24. That prior to issuance of a zone clearance permit, the developer shall submit to the city of Moorpark for review and approval, a detailed Geotechnical Report prepared by a Registered Civil Engineer. The grading plan shall incorporate the recommendations of the approved Geotechnical Report. 27. That prior to issuance of a zone clearance permit, the developer shall submit to the City of Moorpark for review and approval street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement and shall post sufficient surety guaranteeing the construction of the improvements. 28. The improvements shall include concrete curb and gutter, �^ sidewalk, streetlights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: Park Lane shall be constructed per plate B -3C modified to } the street 'width lus an additional 12' of actin on the easteYl side o t e centerline. Los Angeles Avenue shall be constructed per plate B -2A. Driveways shall be constructed as follows: Driveway along L.A. Avenue per plate E -2 being 30' wide with 10' radius curb returns and shall be striped and signed to reflect no left turns intn or out of the driveway. Drivewav along Park Lane Der Dlate E -2 being 30' wide snail De a Lane at Los 29. That prior to any work being conducted within the State or City right of way, the developer shall obtain an Encroachment Permit from the appropriate Agency. 30. That prior to issuance of a zone clearance permit, the developer shall demonstrate feasible access with adequate protection from Q10 storm to the satisfaction of the City of Moorpark. 31. That prior to issuance of a zone clearance permit, the developer shall deposit with the City of Moorpark a contribution for the October 24,1985 CONDITIONS FOR: DEVELOPMENT PLAN PERMIT NO. PD -1047 APPLICANT: Anthony Annotti CITY ENGINEER CONDITIONS (cont.) 31, Continued. Los Angeles Avenue Improvement Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Improvement Area of Contribution applicable rate at the time the Building Permit is issued. 32. That prior to issuance of a zone clearance permit, the developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water wells that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. If any of the improvements which the subdivider is required construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following: prior to zone clearance. a. Notify the City of Moorpark (hereafter "City ") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report; C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) oT acquiring such an interest in the land. October 24,1985 CONDITIONS FOR: DEVELOPMENT PLAN PERMIT NO. PD -1047 APPLICANT: Anthony Annotti CITY ENGINEER CONDITIONS 33. That prior to issuance of a zone clearance, the developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. 34, That prior to issuance of a zone clearance permit, the developer shall submit to the City of Moorpark for review and approval, evidence that all the buildable sites in the subdivision will be protected from flooding. Developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. October 24, 1985 CONDITIONS FOR: APPLICANT: DEVELOPMENT PLAN PERMIT NO. PD -1047 Anthony Annotti VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS Construction Site Security: f 35. A licensed security guard is recommended during the construction phase, or 36. A 6' high chainlink fence will be erected around the construction site. 37. Construction equipment, tools, etc., will be properly secured during non - working hours. 38, If an alarm system is used, it should be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. Lighting: 39, Parking lots will be well lighted with a minimum maintained one -foot candle of light at ground level. 40, Lighting devices will be protected against the elements and constructed of vandal resistant materials. 41.. Lighting devices shall be high enough as to eliminate anyone on the ground from tampering with them. That all parking areas shall be provided with a lighting system capable of illuminating the paring surface with a minimum of one -foot candle of light and shall be designed to minimize the spill- age of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage resistant covers. 42, Lighting plans showing type and location of all lighting devices will be submitted to the Sheriff's Department for review and approval. Landscaping: 43'. Landscaping shall not cover any exterior door or window. 44. Landscaping at entrances /exits or at any intersection within the parking lot will not block or screen the view of a seated driver from another moving vehicle or pedestrian. 45`. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. October 24, 1985 CONDITIONS FOR: DEVELOPMENT PLAN PERMIT NO. PD -1047 APPLICANT: Anthony Annotti VENTURA COUNTY SHERIFF DEPARTMENT CONDITIONS: (cont.) Landscaping: (cont.) (46. Landscaping plans shall be submitted to the Sheriff's Department for review and approval. � 47. Landscaping shall not block or screen the view of a driver facing N/B on Park Lane at Los Angeles Avenue that would obstruct his /her view when looking left or right (west or east Los Angeles Avenue) when attempting to pull out into traffic. Specifically along the north property line and at the S/W corner of the intersection. Building Access and Visibility: 48. Address shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 49. Address numbers will be minimum of 6" in height and illuminated during the hours of darkness. 50. Front door entrances will be visible from the street. On /Off Street Parking: 51. All entrances /exit driveways will be a minimum of 30 feet in width with radius curb returns. 52. There should not be any street parking allowed along the south curbline of Los Angeles Avenue in front of the shopping center. Parked cars would make it more difficult for drivers pulling out of the center and Park Lane to east and west bound Los Angeles Avenue vehicles. Building Design: 53. All exterior doors will be constructed of solid wood core minimum of 1 -3/4" thick or of metal construction. This applys only to backdoor or utility exits /entrances. Front door entrance may be of glass. 54. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. 55. There will not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. October 24, 1985 , CONDITIONS FOR: DEVELOPMENT PLAN PERMIT NO. PD -1047 APPLICANT: Anthony Annotti VENTURA COUNTY SHERIFF DEPARTMENT CONDITIONS (cont.) Building Design: )cont.) 56. All exterior sliding glass doors or windows will be equipped with metal guide tracks at the top and bottom and be constructed so that the window cannot be lifted from the tract when October 24, 1985 CONDITIONS FOR: DEVELOPMENT PLAN PERMIT NO. PD -1047 APPLICANT: Anthony Annotti VENTURA COUNTY FIRE DEPARTMENT CONDITIONS 57. That a street width of 25 feet shall traffic with off street parking prov 58: That access roads shall be installed surface, suitable for access by fire 59. That all .drives shall have a minimum of 13 feet 6 inches (13'6 "). be provided. Two way ided on both sides. with an all- weather department apparatus. vertical clearance 60. That the access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Bureau of Fire Prevention. 61. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. Show existing hydrants on plans within 300 feet of the development. 62. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and two 2} inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be recessed in from curb face 24 inches at center. 63. That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2000 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 64. That a minimum individual hydrant flow of 1250 gallons per minute shall be provided at this location. October 24,1985 f CONDITIONS FOR: APPLICANT: DEVELOPMENT PLAN PERMIT NO. PD -1047 Anthony Annotti VENTURA COUNTY FIRE DEPARTMENT CONDITIONS 65. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 66. That address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background; and shall be readily visible at night. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 67,� That building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County of Fire Prevention for review. 68. That fire extinguishers shall be installed in accordance wih national Fire Protection Association. Pamphlet #10. The place- ment of extinguishers shall be reviewed by the Fire Prevention Bureau. 69, That if any building(s) are to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire Prevention for review. 70. That plans for the installation of an automatic fire extinguishing - system (such as, halon or dry chemical) shall be submitted to the Ventura County Bureau of Fire Prevention for review to insure proper installation. 71. That any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordiance October 24, 1985 CITY OF MOORPARK DEPARTMENT OF COMMUNITY DEVELOPMENT YOUR ATTENTION IS CALLED TO THE FOLLOWING: DEVELOPMENT PLAN, PLANNED DEVELOPMENT PERMIT NO.= PD1047 (minor Modification) - 2 filed by Poindexter AssocG was APPROVED by the Director of Community Development on September 24, 1986 fo—r-73r-d eating establishment - containing approximately 975 sq.ft.. as shown on Exhibit "C" on land located on the southwest intersection of (300 -312) Los Angeles Ave. and Park Lane. The land involved is Assessor's- Parcel No. 506- 050 -11 6 -12 in the CPD zone. 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 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 8163 -3. in that: a. The proposed uses would be consistent with the purpose, intent, guidelines, standards, policies and provisions of the City's General Plan and Ordinance Code; b. The proposed uses would not impair the integrity and character of the zone in which they are located; C. The proposed uses would be compatible with land uses permitted within the General Plan land designations and the zones in the general area where the uses are to be located; d. The proposed uses would not be obnoxious or harmful or impair the utility of the property itself or neighboring property or uses; and e. The proposed uses would not be detrimental to the public interest, health, safety, convenience, or welfare. Appeals: As stated in Section 8163 - 4.1.3, within ten calendar days afier the permit has been approved, conditionally approved or denied, any aggrieved person may file an appeal of the approval, conditional approval or denial with the Department of Community Development who shall set a hearing date before the Planning Commission to review the matter at the earliest convenient date. Zone Clearance and Building Permit: Upon completion of the "prior to zone clearance' conditions, a Zone Clearance may be obtained from the Department of Community Development and a Building Permit may be applied for from the Ventura County Division of Building and Safety. CITY OF MOORPARK By: le- ' Michael A. Rubin Title: Senior Planner :mjr PLANNED DEVELOPMENT PERMIT NO. PD -1047 APPLICANT Poindexter Associates DATE September Associates PLANNING DEPARTMENT CONDITION - Minor Modification - 2 1. This permit shall require filing of a Minor Modification with staff review and Planning Commission approval for further food establishments in excess of two (2). CITY OF MOORPARK DEPARTMENT OF COMMUNITY DEVELOPMENT YOUR ATTENTION IS CALLED TO THE FOLLOWING: DEVELOPMENT PLAN, PLANNED DEVELOPMENT PERMIT NO.PD1047(Minor Modification) - 1 filed by Poindexter Asso.was APPROVED by the Director of Community Development on June 10, 1986 for Allowing 2 eating establishments approximately 975 sq. ft. as shown on Exhibit "2" on land located on 300 -312 Los Angeles Avenue at Park Lani the land involved is-Assessor's Parcel No. 506050 -11, & -12 in the CPD zone. 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 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 8163 -3, in that: a. The proposed uses would be consistent with the purpose, intent, guidelines, standards, policies and provisions of the City's General Plan and Ordinance Code; b. The proposed uses would not impair the integrity and character of the zone in which they are located; C. The proposed uses would be compatible with land uses permitted• within the General Plan land designations and the zones in the general area where the uses are to be located; d. The proposed uses would not be obnoxious or harmful or impair the utility of the property itself or neighboring property or uses; and e. The proposed uses would not be detrimental to the public interest, health, safety, convenience, or welfare. Appeals: As stated in Section 8163- 4.1.3, within ten calendar days after the permit has been approved, conditionally approved or denied, any aggrieved person may file an appeal of the approval, conditional approval or denial with the Department of Community Development who shall set a hearing date before the Planning Commission to review the matter at the earliest convenient date. Zone Clearance and Building Permit: Upon completion of the "prior to zone clearance conditions, a Zone Clearance may be obtained from the Department of Community Development and a Building Permit may be applied for from the Ventura County Division of Building and Safety. CITY OF MOORPARK By: Diane Eaton Title: Associate Planner mj r M OORPARK JAMES D. WEAK Mayor ACIMAS C. FERGUSON Mayor Pro Tom ALBERT PRIETO Councilmember DANNY A. WOOLARD Councilmember LETA YANCY•SUTTON Councllmember DORIS 0. BANKUS City Clerk THOMAS P. GENOVESE City Treasurer TO: THe Planning Commission FROM: Diane Eaton, Associate Planner DATE: June 11, 1986 SUBJECT: PLANNED DEVELOPMENT PERMIT NO. PD -1047 (Anthony Annotti) STEVEN KUENY City Manager CHERYL J. KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police The applicant is requesting approval of a Minor Modification of his approved Planned Development Permit No. PD -1047. The Commercial project was approved by r...., your Commission November 1985. At the time of approval parking requirements specified 1 - parking space per 250 square feet of floor area. Also at that time your Commission was allowing a certain percentage of compact -car spaces on projects. However, the applicant was also conditioned as follows: "That any change of use of occupancy which establishes an eating area shall require filing of a Minor Modification with the Director of Community Development review and Planning Commission approval ". Thus, the applicant is requesting approval of 2 -bays for eating establishments (take -out). The applicant has revised the site plan to reflect no compact -cars and 1- parking space per 300 square feet of gross floor area. The net result is from 37 parking spaces with 6 compact car spaces to 35 standard parking spaces which is adequate to accommodate the eating establishments. Staff is recommending approval of the applicants request with the revised site plan. The plan also deletes one loading area which leaves one remaining for loading and unloading purposes. Ordinance No. 74, Section 9.13.120 - Off - Street Loading and Unloading Spaces - Commercial Uses, states that "Gross Floor Area under 10,000 square feet - requires no Loading /Unloading spaces. ommended Action 1. Approve the proposed Minor Modification to allow 2 - bays for eating establishments each approximately 975 square feet. 2. Approval of the revised site plan. 799 Moorpark Avenue Moorpark, CWorria 93021 (805) 5296864 ALBERT PRIETO Mayor JAMES D. WEAK Mayor Pro Tern THOMAS C. FERGUSON Councilmember DANNY A. WOOLARD Councilmember LETA YANCY - SUTTON Councilmember DORIS D. BANKUS City Clerk JOHN C. GEDNEY City Treasurer DATE: SUBJECT: MOORPARK PLANNING COMMISSION STAFF REPORT October 24, 1985 Planned Development No. PD -1047 I \V CIV 1 City Manager CHERYL J. KANE City Attorney NIALL FRITZ Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police APPLICANT: Anthony Annotti 9010 Corbin Avenue, Suite 12 Northridge, CA. 91324 REQUEST: The applicant is requesting approval to construct a 9,370 square foot neighborhood shopping center. No specific tenant has been identified. STAFF TESTIMONY AND PROPOSED FINDINGS: 1. Location and Parcel Number: The proposed project is located at the southwest intersection of Park Lane and Los Angeles Avenue. The site fronts on Los Angeles Avenue. Assessors Parcel No. 506- 050 -110, -11, -12. 2. Description of Request: The applicant is requesting approval to construct a neighborhood shopping center. The site selected for the proposed center contains approximately .65 acres or 28,476 square feet respectively. Access to the center will be obtained from Los Angeles Avenue and Park Lane. Parking as indicated on the site plan is sufficient for the proposed project. This development would contain seven (7) retail shops totaling 4 - 1000 square foot bays and 3 - 1,123 square foot bays. The building is a low- profile structure with a maximum height of 20 feet. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STAFF REPORT October 24, 1985 Applicant: Anthony Annotti PD -1047 2. Description of Request: Continued. The architectural style, is modern Spanish /Mediterranean which is compatible with surrounding commercial development. The architectural theme appears to be early California (white stucco, arches and columns and wood facade) which this development is consistent with the concept. The store -front glazing, white skim coat plaster, stucco sign face and concrete tile are all compatible features of the Spanish /Mediterranean style. The subject project contains 3,389 square feet of landscaping or approximately 11.98 of the site. The Moorpark Zoning Ordinance requires that 10% of the site be landscaped. Landscaping is proposed along the street frontage as well as within the parking lot area. Recommended Condition No. would require that the final landscape plan must be reviewed and approved by the Director of Community Development and the Planning Commission. 3. Existing Land Use: The subject site has 2 existing single family homes. 4. Adjacent Land Use: North: Vacant (Commercial (CPD) NE - Hughes) South: Church "Shiloh" East: Circle "K" West: Vacant - Commercial lot "CPD" Therefore, as conditioned, the proposed project would be compatible with adjacent land uses; 5. Existing Natural Features: The subject site is flat. Therefore, as conditioned, the subject site would be physically suitable for the type of land use being proposed; 6. Zoning: Existing zoning for the project site is "CPD" (Commercial Planned Development). As conditioned, the project would be compatible with existing zoning; r" STAFF REPORT October 24, 1985 Applicant: Anthony Annotti f PD -1047 7. General Plan: The Land Use Element of the Moorpark General Plan designates the site as "C -2" (General Commercial). The project, as proposed is consistent with the objectives, policies, general land uses and programs of the General Plan; 8. Adjacent Zoning and General Plan: Zoning GP North: CPD "C -2" General Commercial South: CPD "C -2" General Commercial East: CPD "C -2" General Commercial West: CPD "C -2" General Commercial Therefore, as conditioned, this project would be compatible with the uses permitted by adjacent zoning and the General Plan designations; 9. Services: Water and Sanitation: The Ventura County Waterworks District No. 1 has indicated that adequate service can be provided at this time. However, the District is in the process of studying the next expansion to the plant in order to serve all approved or proposed projects. Therefore, with appropriate conditioning, there are adequate water and sanitation services for the project; and Police and Fire Protection: According to responses submitted by the Police and Fire Depart- ments, this project would not have a significant effect on law enforcement or fire protection services. Therefore, with appropriated conditioning, there are adequate provisions for police and fire services; 10. Traffic Circulation: Access to the site would be from Los Angeles Avenue and Park Lane. Therefore, as conditioned, there will be adequate provisions for access to the project site; STAFF REPORT r� 11. 12 13 14. Environmental Review: October 24, 1985 Applicant: Anthony Annotti PD -1047 Since no specific use has been proposed for this building, potential use related impacts Ire use of hazardous materials) have not been evaluated as part of this review. This review pertains only to the construction of the building and associated impacts. Based upon an initial review, the proposed project may have a significant effect upon the environment; However, measures have been identified which would reduce possible impacts to an insignificant level and a Mitigated Negative Declaration has been prepared (Exhibit 5). The public review period was from August 30, 1985 to September 14, 1985. No comments have been received; Public Comments: To date, the Department of Community Development has received no public comments regarding this project; Development Advisory Committee: On October 14, 1985 , the applicant's representative met with City staff to review the recommended conditions of approval. The applicant expressed agreement with all the proposed conditions of approval. Ordinance Compliance: Based upon the information and findings set forth above, it is determined that this application with the attached conditions meets the requirements of Moorpark Ordiance Code Section 8163 -3, and Government Code Section 65360 in that; a) The proposed uses would not impair the integrity and character of the zone in which they are located; b) The proposed uses would be compatible with land uses permitted within the General Plan land designations and the zones in the general area where the uses are to be located; C) The proposed uses would not be obnoxious or harmful or impair the utility of the property itself or neighboring property or uses; d) The proposed uses would not be detrimental to the public interest, health, safety, convenience or welfare; and STAFF REPORT October 24, 1985 Applicant: Anthony Annotti PD -1047 14, ordinance Compliance: Continued e) The proposed uses would not be detrimental to the public interest, health, safety, convenience or welfare. RECOMMENDED ACTION: 1. Find that the proposed project will not have a significant effect on the environment and that this body has reviewed and considered the information contained in the Mitigated Negative Declaration and approves the attached Mitigated Negative Declaration as having been completed in compliance with State CEQA Guidelines issued thereunder; and 2. Adopt the proposed findings and approve PD -1047, subject to the attached conditions. The decision of your Commission is final unless appealed to the City Council within 15 calendar days. Prep red by Diane Eaton Associate Planner Reviewed by: Richard Morton Director of Community Development Exhibits: 1. Staff Report 2. Location Map 3. Plot Plan 4. Elevation 5. Mitigated Negative Declaration