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Home My WebLink AboutAGENDA REPORT 1992 0415 CC REG ITEM 09D ITEM-4115r 4 PARK W49 YJ . 4,,,cou ou oo „ _ .' 1.- ` 799 Mooroark AV-• �• :lfor a 92-21 (805) 529-6864 ACTION: r•�9I9:/,,.i/.. %-f +, rly��, tI, d:-.• A. - el A, kI/ncQ/1i' "` 'Council"."K� CAL(r ORn��a Meeefing i l MEMORANDUM 0 TO: Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: March 11, 1992 (CC meeting 3/25/92) SUBJECT: PD 1065 Minor Modification No. 2 (Velasquez ) BACKGROUND Planned Development Permit No. 1065 was approved by the City Council (Resolution No. 87-440) on December 16 , 1987 for the construction of a 27 ,466 sq.ft. automotive service center. No other uses were requested by the applicant in the permit. A total of 91 parking spaces were required and constructed. On October 18, 1989 the City Council approved a motion to allow non-auto retail uses in the center (offices uses were not requested) . This action allowed retail sales but not "service oriented sales such as laundromats or dry cleaners" . The resolution for approval of PD 1065 contained no provision for the sale of alcoholic beverages. On March 26 , 1990 the City approved Minor Modification No. 1 to allow take out sales of beer and wine from an Italian Deli. On January 30 , 1992 Colin Velasquez as property owner filed a request for Minor Modification No. 2 . DISCUSSION This request for a Minor Modification consists of two parts: to allow office uses to be introduced into the tenant spaces that directly front Los Angeles Ave. , and to legalize two tables which have already been placed outside the existing Italian Deli . Staff's position is that office uses are similar enough to retail uses to allow their location in this center, providing that all parking standards can be met. The Zoning Code allows office uses in the CPD zone, as well as restaurants (the Deli has been operating as a take out facility only; the addition of the tables would change the use from a general retail category to restaurant for parking considerations) . 1 SCOTT MONTGOMERY _RN-EDO M PEEL ROY E. TAME' JR Cam. o•rnbcr i,_ncilmenb- Coundlrner,rcr When PD 1065 was approved 91 parking spaces were required. The code at that time required one space for 300 sq.ft. of retail uses, although the code had no standard for auto repair, a ratio of 1/300 sq.ft. was used for this project. Upon submittal of the PD Permit, a total of 79 parking spaces were located in the parking lot area. Because there is insufficient space on the lot to provide the required number of spaces, the twelve spaces in the auto repair bays was allowed to count towards the total parking requirements. At the tine of the revised Zoning Code approval in 1991 the parking ratio for retail uses was changed from 1/300 sq.ft. to 1/250 sq.ft. , and for auto repair uses from 1/300 sq.ft. (as approved in the permit) to 1/150 sq.ft. If the center was built under the current parking requirements a total of 143 parking spaces would be required compared to the 91 spaces required under the previous code [the 12 ,462 sq.ft. of repair requires 83 .08 spaces and the 14 ,984 sq.ft. of retail space in the front of the buildings requires 59.94 parking spaces , using ratios of 1/150 sq.ft. for repair and 1/250 sq. ft. for retail uses] . At the time of approval the parking ratio for office uses was 1/300 sq.ft. (1/200 sq.ft. for medical offices) . As this use was identical to the previous parking requirement for retail uses office uses could have been allowed (with a proper modification to the permit) . However, the applicant did not request that allowance for office uses until after the new zoning code was adopted. It was concluded by staff, that because the center was bo=lt under the previous code, all uses which are currently in the center , or are allowed under the permit (auto related and retail uses) are required to meet only the previously approved ratio of 1/300 sc.ft. Although it could be argued that new uses (such as offices) should be counted at the current rate (1/250 sq.ft. ) because this recuest was not part of the original permit and was made after the new zoning code was adopted. As a consequence, because the center was built with no extra spaces the addition of certain types of office space ( i .e. medical) will exceed the available number of spaces (when the center is completely occupied) . In addition, the tables placed c.:tside of the Italian Deli (two tables with four seats covering an estimated 100 sq. ft. ) will require that one parking space be counted towards the total number of spaces provided in the center. 2 The Director of Community Development intends to condition this request for a Minor Modification to require that: 1) Offices uses shall be limited to the buildings facing Los Angeles Ave. , as depicted in Attachment A. 2) no medical offices be allowed. 3) All uses in this center shall provide parking in accordance with Ordinance 74 , adopted on June 16 , 1986. 4 ) That the applicant provide the City with a revised Offer of Roadway dedication which includes a subordination clause. This condition is needed to protect the City's interest in the event that this property changes ownership or is acquired through foreclosure. This third condition is necessary to resolve potential future problems with roadway dedications, and 5) The applicant shall agree in writing to all conditions before this Minor Modification becomes effective. On March 11, 1992 the applicant was contacted to review a draft copy of the Staff Report and was informed of the proposed conditions. The applicant indicated that he opposed the imposition of any conditions on this application. This proposal has been reviewed by the Director of Community Development, who intends to approve it with the included conditions on March 26, 1992, with the appeal period ending April 6 , 1992. Pursuant to Resolution No. 88-523 the Director has the authority to approve Minor Modifications. This matter is being presented to the Council as a courtesy. Should the Council , or any other party, desire to appeal the Director's decision, a public hearing should be scheduled. The next available hearing date is April 15, 1992. If the Council takes no action, then the Director's decision stands. STAFF RECOMMENDATION Receive and File this Report Exhibits: Site Plan Letter from Applicant cc: Planning Commission Minor Mod. Logbook at counter PD 1065 File, Minor Mod. No, 2 folder C:\WP51\CLA_G\PD1065 3 t1:- , i _ IJ('' �_ '1_ .1 . '— � _ _— - ' --_ ` •.'VH. ; i 1 1 [ if i . .. w- -- -71..37 f, .A'.ci, / ., :1 ,.1 .'ori .911 1 �IS OI /1 ' •t l; 0 • �7 Qi 1_�i L, •♦r • �' = • • • •='• • • I C 1 -t ® • c ," 0 atm W ii CI _ I • . LC , ILK: • °I PROPOSED �A • P.M !#,G PROPOSED 0 ; •2 - OFFICE LOCATION ' `• OFFICE.LOCATION I . . i . , . ; .b 1? = TO 1 .Z‘_.na 1. • 7 1 .4 *\-- ,o-.c,Z yi�,�r : r ' _ •_ .: 4r_.£4 t •O,sz .p;g-> �♦ �;$7. ,di, ' ,0.41 ." .a,sz ..; 0Jr,4.C; . _ 1 I ; l - N, ; �� of • �� . —�_- d =' 1 lett -I• _1 —jr0 i : •••,c• • — 7- ul ''''§A __ 4 1T .__ i i:,_ -,..-: . } . !� 011 i P y; 1 7 •1 ,0.. toil' O•,.o '�4' A 4L p _ i V r� I 1 • 1 -S-- 1 I - 1 t 1 ^ , I / , 1 l 1 - '`- • t 1 1 �- -___ — ��Td Q tJ1S Ct ..- f t • — •f , — ,�.:iC Y•_ 'fir.. •. ..� , _ I I - . d�-"•E:7 -,r, -�-r• 1...t� 1 I -l• I I w j I r < „-__ rx -) t z•• x _s >_� t td `l January 30, 1992 City of Moorpark 799 Moorpark Ave. Moorpark, Ca . 93021 Dear Mayor Lawrason and Councilmembers, I am requesting permission to expand retail uses of building A & B to include office usage. My project has been completed and ready for occupancy since October of 89. Due to the economy I am still 70% empty. I have had several phone calls inquiring about office space available . I feel if I were able to expand retail to allow office uses I will possibly be able to rent more spaces . Please note that office space is allowed within the CPD zoning. We feel that this request is not unreasonable given the state of the economy. Sincerely, Colin Velazquez 476 W. Los Angeles Ave. Unit A-14 Moorpark, Ca . 805-523-8242