Loading...
HomeMy WebLinkAboutAGENDA REPORT 1994 0921 CC REG ITEM 11A1 cou-1,.il Moo ;" :7 AGENDA REPORT CITY OF MOORPARK ACTION: :62 V7 TO: The Honorable City Council FROM: Jaime R. Aguilera, Director of Community Developmen Kathleen Mallory, Associate Planner V- M DATE: August 10, 1994 (CC meeting of August 17, 1994) SUBJECT: CONSIDER AN APPEAL (NUMBER 94 -5) BY PINDLER AND PINDLER TO CONDITION OF APPROVAL NUMBER 10 FOR MINOR MODIFICATION NUMBER 1 TO DEVELOPMENT PERMIT NUMBER 305 BACKGROUND On March 8, 1994, the Director of Community Development approved Minor Modification Number 1 to Development Permit Number 305. On March 16, 1994 the Council received and filed the staff report. The appeal period for Minor Modification Number 1 ended on March 24, 1994; however, Attachment number 1 allows the filing of an appeal. DISCUSSION On August 1, 1994, representatives from Pindler and Pindler (11910 Poindexter Avenue) filed an appeal (see Attachment Number 2) requesting that the City Council delete Condition of Approval Number 10 which requires that roof equipment be screened (see Condition of Approval Number 10 of Attachment Number 3). Staff's Comment Regarding the Roof Screening Equipment The requirement to screen roof equipment is a normal planning condition of approval, represents good planning practice in light of future development to the north of the site, and was originally required on the original development permit (see Attachment Number 4). On August 5, 1994, staff conducted a field visit to determine if roof equipment in the surrounding area is visible; the only roof equipment which was visible was the roof equipment on the Pindler and Pindler building. Owners of buildings surrounding the subject site have either installed roof screening equipment or have designed their building so that building walls screen the equipment. KMP- 08- 10- 94(3:00pm)A: \DP305MIN.APP C:. _ �'l r 1 Lp r.� L y The Honorable City Council August 10, 1994 Page 2 The Pindler and Pindler equipment is slightly visible from Poindexter Avenue and is prominently visible from the area (SP -1) north of the site. Future development of the land north of the site (the Levy Company project - SP 1) will increase the need for screening of the equipment. General Comments Staff would like to point out that the condition regarding the roof screening equipment was discussed at length with Pindler and Pindler representatives. During these discussions, the applicant did not state they thought that the screens were not necessary. Further, in an effort to facilitate business attraction and economic development in the City, when staff learned that the roof screening equipment had been ordered but that it would not be able to be installed prior to the desired occupancy date, staff granted occupancy to Pindler and Pindler prior to the installation of the required roof screening equipment. This was done by conditioning the applicant to install the screens within 2 months (July 23, 1994) of occupancy. The applicant expressed concurrence with this compromise and did not oppose the requirement. Additionally, in order to assist the applicant in meeting its occupancy schedule, staff allowed occupancy by conditioning the applicant to install additional trees, which had been removed in violation of the approved landscape plan, and planter bowls between the loading bays within thirty days of issuance of a Zoning Clearance (by June 23, 1994). To date, both of the aforementioned items have not been installed. In an effort to save the applicant money, a field visit to ensure compliance with the landscape plan was conducted by staff instead of the City's landscape architect. This action represents a significant cost savings to the applicant. Fiscal Impact Analysis For the Council's information, as of July 14, 1994, a total of 16.75 staff hours had been spent on this project; this time does not include the staff time spent processing the appeal (though it does include staff time spent responding to a complaint voiced by the applicant to City representatives when a tour of the applicant's facility was conducted), staff report preparation and field investigation. A summary of fees paid as part of Minor Modification Number 1 versus staff hours spent is as follows: KMP- 08 -10 -94 (3:00pm)A:1DP305MIN.APP The Honorable City Council August 10, 1994 Page 3 $ 496.00 original Minor Modification $ 479.00 (staff hours spent on the Minor Modification - 6.15 staff hours x $78.00) $ 16.30 remaining as part of Minor Modification Number 1 $ 802.30 deficit (10.50 staff hours x $78.00) spent following up on conditions of approval and concerns expressed to City representatives as part of Minor Mod. No. 1 RECOMMENDATION 1. Deny the appeal, Number 94 -5, and uphold the Director of Community Development's decision to require the installation of the roof screening equipment within 1 month of Council consideration of this item (by September 17, 1994). Attachments: 1. Correspondence dated July 5, 1994 2. Appeal filed dated August 1, 1994 3. Minor Modification Number 10, Conditions of Approval 4. Original Condition of Approval Page 2. Condition of Approval Number 15 KMP4)8-1 D- 94(3:OOpm)AADP305MIN.APP ATTACHMENT NUMBER 1 KMP- Ml 0-94(3:00pm)A:1DP305MIN.APP July 5, 1994 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 5296864 Curt Pindler Pindler and Pindler 11910 Poindexter Avenue Moorpark, CA 93021 Attn: Bill Crawford Dear Mr. Pindler: In response to your request at our meeting of June 22, 1994, for information regarding conditions of approval of your occupancy permit the following is presented to you: 1. The planters that were conditioned to be located in the area of the loading docks may be placed anywhere on the site. 2. The roof equipment screening condition is required by City of Moorpark Zoning Ordinance. There is an appeal process that you may file. The usual filing fee for this appeal is $500, but since you have already paid the fee once, the filing fee shall be waived. I am fully aware of all of your concerns, but under the Municipal Codes and Ordinances and other regulating factors, there is little else that can be offered to you. I do hope that this will be of some satisfaction. If you have any further questions, please contact my office at (805) 529 -6864, ext. 225. Sincerely tevAdHa�v&s Redevelopment Manager cc: Steven Kueny, City Manager Richard Hare, Deputy City Manger Jim Aguilera, Director of Community Development SGH071- 07/05/94 PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK Maya Maya Pro Tom Counalmember Counalmember Counaknernber ATTACHMENT NUMBER 2 K M P4)& l 0-94 (3:00 p m) A :1 D P305 M I N. A P P iE.CEIVEQ CITY OF MOORPARK 11 799 MOORPARK AVENUE AUC- 0 11994 MOORPARK, CALIFORNIA 93021 805/529-6864 -,f Moorpark Department APPEAL FORM MUST BE FILED WITHIN 15 DAYS OF THE DECISION (Effective June 6, 1992) To: City Council X Planning Commission Date: Julv 29. 1994 I hereby appeal the decision of the Director of Community Development. , which was given on March 24t1i F 19 94 The decision was as follows: Regarding DP -305, Minor Modification Nn_ 1 The Director of Community Development determined that roof screens would be necessary in order to screen roof equipment on the subject building. The grounds of appeal are: (attach additional sheets as needed) It is our opinion that roof screens are not necessary, whereas the roof equipment is not visable to our neighbors In addition the rc)nf Pc1uipmPnt- s hareI V visible when a roar -ping 11910 Poindexter €rte eitheE d!Feet -i, &n. The economic impact of providing roof screens is not warranted at this time. I request that the appropriate decision making body take the following action: We rAa s»Qst that the nirecl7nr nf rnm1I11tnitV jZpvel npmP-nt dpfPr its determination until it becomes necessary. As such time as the property north of 11910 Poindexter Avenue is developed, we feel that the original determination would be warranted. Name of Appellant: S. L. Crawford Jr., Pindler & Pindler, Inc. Address of Appellant: 11910 Poindexter Ave. Moorpark, Ca. 93021 Telephone Number of Appellant: ( 805 )531-9090 Is the appellant a party in the application? yep- _ If not, state basis for filling appeal as an "aggrieved person." Signature of Appellant: 04. )-Jl«*4111 Date -- T, I, 2,9, 1994 CRL -01-14- 92(9:34am)C: \WP5I\FORMS \APPEAL ATTACHMENT NUMBER 3 KM P-OB -10-94 (3:00 pm) A:1D P305 M I N.A P P March 8, 1994 � -'� p MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529.6864 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL OF A MINOR MODIFICATION Development Permit No.: DP -305 Minor Modification No.: No. 1 Filed by: Pheiler and Pheiler 2580 Santa Fe Avenue Redondo Beach, CA 90278 Location: 11910 Poindexter Avenue South side of Poindexter Avenue Approved by the Director on: March 8, 1994, contingent upon compliance with the attached conditions of approval For: The installation of seven windows and additional parking spaces, see attached. The land involved is Assessor's Parcel No. 511 -0- 062 -01 in the M -1 (Industrial Park) zone. Categorically exempt from CEQA requirements as a Class 1, (15301 of CEQA) Exemption for Minor Alterations. 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: PAUL W. LAWRASON JR. PATRICK HUNTER JOHN E. WOZNIAK BERNARDO M. PEREZ SCOTT MONTGOMERY Mayor Mayor Pro Tom Concilmember Councilmember Councilmember Printed on Recycled Pape CONDITIONS OF APPROVAL DEVELOPMENT PERMIT NUMBER 305, MINOR MODIFICATION NUMBER 1 1. Prior to issuance of a Zoning Clearance for occupancy of the building, a landscape plan shall be submitted and approved by the Director of Community Development. Said landscape plan shall be prepared by a registered landscape architect and shall be prepared in consultation with the Director of Community Development or his designee. All landscaping is required to be installed prior to issuance of a Zoning Clearance for occupancy: • Six trees shall be installed on the east side of the property line. Said trees are in compensation for the trees which were removed within the parking lot area. The replacement trees shall be the same size and type as those which were approved within the landscape plan for Development Permit Number 305. • At least six more trees shall be planted in other on -site locations, to be selected by the Director of Community Development. Landscaping in all finger planters within the parking lot area shall be replaced and replanted with a landscape material as specified within the approved landscape plan for Development Permit Number 305. Areas between the loading bays on the east side of the property, shall be landscaped with a landscape material, as specified within the approved landscape plan for Development Permit Number 305. Concrete curbing shall be installed around required landscaping. • A six foot wide raised landscaped planter, shall be installed within the new parking area; concrete curbing shall be installed around required landscaping. Landscape material shall be installed, as specified within the approved landscape plan for Development Permit Number 305. • Consistent with the approved landscape plan, landscaping adjacent to the railroad tracks shall be installed. Creeping vine shall be planted on the side of the building facing the railroad tracks. • All chain link fencing shall be landscaped. All dead vegetation adjacent to Poindexter Avenue, within the landscaped parkway extending the length of the building, shall be replaced with landscape material as specified within the approved landscape plan for Development Permit Number :1105. KMP -03- 09.94(4:30Pm)AADP305MIN MOD 11. All windows, which are within office area, shall be double pained. 12. All staff time spent working on Minor Modification Number 1, shall be reimbursed, prior to issuance of a Zoning Clearance. KMP -03- 09- 94(4:30pm)AADP305MIN MOD ATTACHMENT NUMBER 4 KM P-M 1 0-94 (3 :00 p m) A: \ D P305 M I N. A P P DP -305 PLANNING DIVISION CONDITIONS: Page 2 10. That prior to the issuance of a Zoning Clearance, a landscaping and planting plan (three sets), together with specifications and a maintenance program, prepared by a State licensed Landscape Architect, in accordance with City Guidelines for Landscape Plan Check, shall be submitted to the 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. 11. 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. 12. That the final landscape plans shall provide for a 50% shade coverage within all parking areas. Landscaping and irrigation shall be provided to the curb. 13. That all turf plantings associated with this project shall be a drought tolerant, low water using variety. r�, OZL 14. That the final design of site improvements, including materials and colors, is subject to the approval of the Planning Committee. 15. That all roof - mounted equipment (vents, stacks, blowers, air- M11- conditioning equipment) that may extend above the parapet wall shall be enclosed on all four sides by suitable screening or fencing. Said screening material shall be of similar material used in the construction of the parent building. Prior to issuance of a Zoning Clearance, the final design and location of all roof - mounted equipment and screening shall be subject to the approval of the City Planning Commission. 0J& 16. That trash disposal areas shall be provided in locations which will not interfere 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 City Planning Commission. 17. That all utilities shall be places; underground. 18. 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- ports in parking areas adjacent to landscape areas. MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 September 15, 1994 Pindler and Pindler 11910 Poindexter Avenue Moorpark, CA 93021 Attention: Curt Pindler Sent by Registered Mail SUBJECT: NOTIFICATION OF CITY COUNCIL HEARING ON SEPTEMBER 21, 1994 REGARDING APPEAL NO. 94 -5 Dear Mr. Pindler: The purpose of this letter is to inform you that the City Council hearing regarding Appeal No. 94 -5 filed by Pindler and Pindler on August 1, 1994 to Condition No. 10 (which requires that roof equipment be screened) for Minor Modification No. 1 to Development Planned Permit No. 305 will be heard by the City Council on Wednesday September 21, 1994. The City Council meeting will begin at the hour of 7:00 p.m. and be held in the Council Chambers located at 799 Moorpark Avenue, California, 93021. If you have any questions, please give me a call at (805) 529 -6864, extension 243. Thank you. Sincerely your, G " e &,- Paul Porter Senior Planner CC. The Honorable City Council Steve Kueny, City Manager Jaime Aguilera, Director of Community Development .-City Clerk Case File Chroni File PP09:15:9414:29PM:\APL945.LTR PAUL W LAWRASON JR. PATRICK HUNTER JOHN E. WOZNIAK BERNARDO M. PEREZ SCOTT MONTGOMERY Mayor Mayor Pro Tem C oncilmember Councilmember Councilmember Printed on Reoyded Pex•