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HomeMy WebLinkAboutAGENDA REPORT 1992 0617 CC REG ITEM 08F ITEM re 420 4 ;114%,"3,..07.: MOORPARK \l799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 \Oqq* +n J Cay Ccu ciI Mocl:ng of"-'�7�-�---199 2— ACTION: -A.....11/ MEMORANDUM 94-ab TO: Honorable City Council / FROM: William Phelps, Interim Director of Community Development DATE: June 9, 1992 (CC meeting 6/17/92) SUBJECT: PD 897 Minor Modification No. 5 (Shakiban) M,ACRGROUND Planned Development Permit No. 897 was approved by the County of Ventura on April 19, 1979 for a 21,875 sq. ft. neighborhood shopping center (Varsity Park Plaza) . On November 7, 1990 the City Council adopted Resolution 90-717, approving Major Modification No. 1 for the construction of two free standing buildings. Each building totals 3 , 300 sq. ft each. DISCUSSION This request for a Minor Modification consists of five parts. Four of the five requests are to alter or eliminate a Condition of Approval of Resolution 90-717 (which approved Major Modification No. 1 for two freestanding buildings) . The requested modifications are as follows: 1) Condition No. 4 reads "That unless the use is inaugurated not later than two years after the date the permit is granted, this permit shall automatically expire on that date. The Planning Director may, in his discretion, grant one additional 6-month extension for use inauguration if there have been no changes in the proposed plot areas, and if permittee has diligently worked toward inauguration of use during the initial one-period. " Applicant is requesting a two (2) year extension of the expiration date. Staff will allow an extension of the expiration date. The revised condition shall read "That unless the use is inaugurated by November 7, 1994 this permit shall automatically expire on that date. The Planning Director may grant one additional 6 month extension for use inauguration if there have been no changes in the proposed plot areas, and if the permittee PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Printed On Recycled Paper has diligently worked toward inauguration of use during the initial two year period." 2) Condition No. 5 reads "That any minor changes may be approved by the Director of Community Development upon the filing of a Minor Modification application. A restaurant use can be accomplished with a minor modification provided that the parking requirements for PD-897 are met. Any major changes will require the filing of a Major Modification application to be considered by the City Council." Applicant requests approval of a 2,400 square foot restaurant in one of the two buildings approved under the Major Modification, which have not been constructed yet. Analysis of the available parking reveals that based upon the current mixture of uses (including the proposed 2,400 sq.ft. of restaurant space) 153.5 parking spaces are required. Only 150 spaces will be provided after construction of the two buildings in the Major Modification. The City will approve location of a restaurant in the proposed buildings. Rather than set a limit on the maximum size of the restaurant, the size (as well as all other uses) shall be determined by the availability of adequate parking. Staff will allow a restaurant to be located in one of the proposed buildings. This condition does not need to be modified. 3) Condition No. 44 Reads "Prior to the issuance of a Certificate of occupancy, the determination as to whether the existing pole sign shall be removed and replaced with a monument sign shall be determined by the City Council. " Applicant proposes eliminating this condition to allow this sign to remain. Staff's position is that due to the low visibility of the center from any major street or highway the pole sign shall be allowed to remain. Staff concurs with the applicant. Staff recommends elimination of this condition. 4) Condition 51e currently reads "Drainage facilities shall be provided such that surface flow are intercepted and contained prior to entering collector or secondary roadways." Applicant requests elimination of this condition. It is the applicants contention is that this condition would present a hardship requiring demolition and regrading of the parking lot, regardless of whether the additional buildings are constructed. City Engineer has approved a modification of this condition. Staff will approve the following modification to the condition, as drafted by the City Engineer, "The curb outlet system located on the Northeast portion of the property shall be abandoned and drainage facilities, approved by the City Engineer, shall be constructed such that surface flows accumulating at the northeast corner are contained prior to entering a collector or secondary roadway. " 5) Request to place a portable charcoal barbecue located outside the Handiest Food Mart, at 6611 Princeton Ave. County of Ventura Health Department has no permit requirements for outdoor grills in addition to the normal permits the market is required to have. Food will be cooked on Mondays, Wednesdays, Thursdays and Saturdays from 11:00 am to 3:00 pm. The sidewalk in front of the store is seventeen feet in width, which allows adequate pedestrian space. The Director of Community Development intends to condition this request for a Minor Modification to require that: 1) The barbecue equipment be taken inside the store by the close of business or 5:00 pm, whichever is later. 2) A non porous covering be placed under the barbecue to prevent accidental spillage on the sidewalk. This material shall not pose a hazard to pedestrians. 3) Eliminate Condition No. 44. The existing pole sign at the southeast corner of the site may remain. 4) Condition 51e of Resolution 90-717 be modified. 5) Condition No. 4 of Resolution 90-717 be revised (as written previously) to allow for an expiration date of November 7, 1994, with the possibility of one six month extension. This proposal has been reviewed by the Director of Community Development, who intends to approve it with the included conditions on June 9, 1992, with the appeal period ending June 24, 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 means to enable the Council, or any other party, to appeal the Director's decision. In that event, a public hearing should be scheduled. The next available hearing date is July 15, 1992. If the Council takes no action, then the Director's decision stands. MinECONMMUnti Receive and File this Report Exhibits: 1) Letter from applicant to City dated May 15, 1992 specifying requested Minor Modification text changes 2) Letter from applicant to City dated May 1, 1992 specifying requested Minor Modification text changes 3) Plot plan of requested barbecue location 4) Memo from City Engineer modifying Condition 51e of Resolution 90-717 cc: Planning Commission Minor Mod. Logbook at counter PD 897 File, Minor Mod. No, 5 folder C:\WP51\CLAIG\PD897#5.SR Tl?©'3JHd 872_,ES7F 62=7T E6‘ ST AUJ EXHIBIT 1 May 15, 1992 Subject: Varsity Park Plaza 6685 Princeton Avenue Moorpark, CA, RE: P0-897 Major Mod Number 1 To Whom It May Concern: This letter is to request for a change to some of the conditions in major modification number 1 dated 11-07-90. Condition #51 E is the following: "drainage facilities shall be provided suoh that surface flow are intercepted and contained prior to entering collector or secondary roadways. " Item 1151 E of the City Engineer' s condition is a standard drainage requirement for new construction. However, in regards to the corner building additions to Varsity Park Plaza please note that there are no changes to the drainage of the existing parking lot and no additional water run-offs are created because of the new structures. In order to comply to item *51 E the majority of the parking lot has to be demolished and re-graded, which is not feasible in an economic or construction stand-point. Furthermore, this commercial project was built in 1981 and was approved for the existing drainage require- ments and has been functioning properly from the onset of the original construction. Ergo I would like to request to eliminate condition #51 E. Item 115 reads as follows : "A restaurant use can be accomplished with a minor modification provided that the parking requirements for PD-897 are met. " I would like to apply for a possible restaurant of approx. 2400 square feet located in one of the new corner buildings. The new item *5 should read as follows: A restaurant use is approved for up to 2400 square feet. Item #4 reads as follows : "That unless the use is inaugurated not later than two years after the date the permit is granted, this permit shall automatically expire on that date. " Due to harsh economic times and the difficulty to pre- lease our proposed build- ings to credible tenants, I would like to apply to extend the ex- piration date of the major modification number i permit for an additional two years ( 11-07-94) . Item 04 should be revised to read as follows: That unless the use is inaugurated not later than four years after the date the permit is granted, this permit shall automatically expire on 11 -07-94. If you have any further questions, please feel free to contact me anytime at my office. (818)345-5310. Very Truly Yours, George Shakibari'`— i 10' d 1700' 0N TS: t;T Z6' St 6e14 217,_52175— 0N EXHIBIT 2 May 1 . 1992 Subject : Varsity Park Plaza 6665 Princeton Avenue Moorpark, CA. RE: PD-897 Major Mod Number 1 To Whom It May Concern: This letter is to request for a change to some of the conditions in major modification number 1 dated 11-07-90. Item* 51 E of the City Engineer' s condition is a standard drainage requirement for a new construction. However, in regards to the corner building additions to Varsity Park Plaza please note that there are no changes to the drainage of the existing parking lot and no additional water run-offs are created because of the new structures. In order to comply to item 151 E the majority of the parking lot has to be demolished and re-graded, which is not feasible in an economic or construction stand-point. Furthermore, this commercial project was built in 1981 and was approved for the existing drainage requirements and has been functioning properly from the onset of the • original construction. Item 144 is regarding the center' s pole sign. I would like to request at this time that the Varsity Park Plaza Pole Sign located at the corner of Princeton and Amherst remain at this location, and that the sign does not have to be demolished per item* 44 PD-897 major modification number 1 . Item* 5 is a minor modification condition for a new resturant use. I would like to apply for a possible resturant of approx. 2400 square feet located in one of the new corner buildings with capacity of 18 tables. Item* 4 is regarding the expiration date of our major modification permit. Due to harsh economic times and the difficulty to pre- lease our proposed buildings to credible tenants, I would like to apply to extend the expiration date of the major modification number 1 permit for an additional two years ( 11-07-94) . If you have any further questions, please feel free to oontaot me anytime at my office. (818) 345-5310. Very Truly Yours, (0--en - 1 • -- i George Sh • - enclosure : Please see attached copies for the above mentioned items. TO' d T00" 0N 90: ZT Z6' 9 field 8VZ£SV£" oN 131 ' M u3 ODN3 411 May 1 , 1992 Subject : Varsity Park Plaza 6685 Princeton Avenue Moorpark, CA. RE: PD-897 Major Mod No. 1 • To Whom It May Concern: This letter is to request for a change to the City Engineer ' s Condition dated 11-07-90 item #51 E. (See attached copy) . Item #51 E is a standard drainage requirement for new construction. However, in regards to the corner building additions to Varsity Park Plaza please note that there are no changes to the drainage of the existing parking lot and no additional water run-offs are created because of the new structures. In order to comply to item #51 E the majority of the parking lot has to be demolished and re-graded, which is not feasible in an economic or construction stand-point. Furthermore, this commercial project was built in 1981 and was approved for the existing drain- age requirements and has been functioning properly from the onset of the original construction. Also, I would like to request at this time that the Varsity Park Plaza Pole Sign located at the corner of Princeton and Amherst remain at this location, and that the sign does not have to be demolished per item# 44 PD-897 major modification no. 1 . If you have any further questions, please feel free to contact me at my office anytime. i Very Truly Yours, ;% George Sha ( 818) 345-5310 C EXHIBIT 3 3.(/L t�� ^p/7 n.k1 � L� (. c 2 I 3/4 :" 7- re / / " -l e C frT . 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FROM: CHRIS OBERENDER, ASSISTANT ENGINEER CZ) DATE: JUNE 9 , 1992 SUBJECT: MODIFICATION OF CONDITION FOR PD-897 Per your request , this department has reviewed Mr. Shakiban' s request to have the onsite drainage condition modified. After a careful review of the condition and a visit to the site it is determined that the following recommendation can be made by this department . This condition should be considered a replacement of the existing condition requiring that all surface flows be intercepted prior to entering the street . "The curb outlet system located on the Northeast portion of the property shall be abandoned and drainage facilities, approved by the City Engineer, shall be constructed such that surface flows accumulating at the NE corner are contained prior to entering a collector or secondary roadway. co, Shakiban Modified Condition ce, Chris Oberender Correspondence Project File PAUL W LAWRASON JR BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR JOHN E wOZNIAK Mayor Mayor Pro Tern Counciimember Councnmemoer Councdmembr