HomeMy WebLinkAboutAGENDA REPORT 1994 1005 CC REG ITEM 08IITEM_;
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MEMORANDUM
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Developmerri /-�
Paul Porter, Senior Planner
DATE: September 28, 1994 (CC meeting of October 5, 1994)
SUBJECT: CONSIDER MINOR MODIFICATION NO. 2 TO REVISE CONDITION OF
APPROVAL NO. 10 FOR MINOR MODIFICATION N. 1 TO
DEVELOPMENT PLANNED PERMIT NO. 305
Backaround
On March 8, 1994, the Director of Community Development approved
Minor Modification N. 1 to DP 305. On March 16, 1994 the Council
received and filed the staff report. The appeal period for Minor
Modification No. 1 ended on March 24, 1994.
On August 1, 1994, representatives from Pindler and Pindler (11910
Poindextor Avenue) filed am appeal requesting that the City Council
delete Condition of Approval 10 which requires that roof mounted
equipment be screened. 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) will increase the
need for screening of the equipment. This matter was heard by the
City Council on September 21, 1994. The City Council expressed
concern that the Appeal was accepted after the appeal period for
Minor Modification No. 1 had expired. The Council denied the
appeal without prejudice.
Discussion
At eh City Council meeting, the applicant stated they did not
object to screening of the roof equipment at the time development
to the north of the building takes place, prior to the change of
occupancy of the building, or in three years as long as they
maintained the ability to request an additional continuance to the
roof screening requirement.
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00121
The Director of Community Development has reviewed the proposed
Minor Modification and approved it on September 22, 1994. Pursuant
to Resolution No. 88 -523, the Director has the authority to approve
Minor Modifications. This matter is being presented to the City
Council as a courtesy. In the event the City Council wishes to
appeal the Director's decision, it may do so. The last day to file
an appeal is October 7, 1994.
Should the City Council desire to appeal, it should do so at the
October 5, 1994 meeting and set a date certain for the hearing.
The next available meeting date would be the regular meeting of
October 19, 1994. If the City Council takes no action, the
Director's decision will become effective on October 10, 1994.
Recommendation
Receive and file the report.
Attachment: Minor Modification approval letter
M09 :28t94111:29MA :\50CT94.CC 2
00122
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVAL OF A MINOR MODIFICATION
September 22, 1994
Minor Modification No. 2 to Development Plan No. 305
Filed by: Pindler and Pindler
11910 Poindextor Avenue
Moorpark, California 93021
Address /Location: 11910 Poindextor Avenue
Assessor's Parcel No. 511 -0- 062 -01 in the
M -1 (Industrial Park) Zone
For: Modification to Condition No. 10 of Minor Modification No. 1
to DP 305 pertaining to deferment of the screening requirement
pursuant to the requirements of Condition No. 10 of Minor
Modification No. 1 to DP 305
Action: The Director of Community Development hereby approves
Minor Modification No. 2 to DP 305 to modify Condition
No. 10 of DP 305 subject to the following:
10. All roof mounted equipment that may extend above any parapet
wall shall be enclosed on all four sides by a view obscuring
material. Said screening material shall be of similar
material used in the construction of the parent building.
Prior to issuance of a zoning clearance for installation of
the roofing material, the final color, design and location of
the screening shall be subject to approval of the Director of
Community Development. The screening material shall be
installed on or before September 21, 1997, or at the time of
the issuance of the first building permit for development of
the area to the north known as Specific Plan No. 1, or prior
to occupancy of the building by another tenant, whichever
comes first. If at the end of the initial three year period,
development to the north has not taken place, or the building
has not been occupied by another tenant, the applicant may
apply for one additional one year extension to the requirement
for installation of the roof screening. The Director of
Community Development may approve such extension if in his /her
opinion the need for the screening equipment has not yet
matured.
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.
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PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tern Councilrnember Councilmember Councilmember
t'nnted on ReryOad Paper
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 of Division 8,
Chapters 1 and 2 of the City Ordinance Code;
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 detrimental to the public interest,
health, safety, convenience, or welfare.
Appeals: As stated in Section 8111 -8, within 16 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 Community Development
Department who shall set a hearing date before the Planning
Commission to review the matter at the earliest convenient date.
Zoning Clearance and Building Permit: Upon the
15 day appeal period and upon completion of the
clearance" conditions, a Zone Clearance may be
Community Development Department.
CITY OF MOORPARK
e Aguilera, Director
of Community Development
Approval Date: September 22, 1994
CC. Paul Porter, Senior Planner
DP 305 Modification No. 2 File
Chroni File
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expiration of the
"prior to zoning
obtained from the
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