HomeMy WebLinkAboutAGENDA REPORT 1994 0706 CC REG ITEM 11G 17 /Ot ( 22 )
•, " ITEM JL. ,
AGENDA REPORT
TO: The Honorable City Council ,1,//
FROM: Jaime Aguilera, Director of Community Developmenf/�
Paul Porter, Senior Planner
DATE: June 10, 1994 (CC meeting of July 6, 1994)
SUBJECT: APPEAL NO. 94-4 OF APPROVAL FOR MINOR MODIFICATION NO. 9
TO CPD 89-2 (Mission Bell Plaza) ON THE APPLICATION OF
VENTURA PACIFIC CAPITAL GROUP VI AND K-MART CORPORATION
Background:
On March 10, 1994 K-Mart Corporation submitted Minor Modification
No. 9 for CPD 89-2 so that the following vending machines may
remain at the front exterior of the building. The vending
equipment is as follows:
a) Two soft drink machines
b) Three coin operated kiddie rides
c) Several Newspaper racks .
These items are presently located on the front walkway under the
building canopy.
K-Mart requested: A) that 30 to 40 linear feet of display racks
which hold seasonal potted plants be placed on the front walkway
directly in front of the Garden Shop and B) That the existing
front 40 inch high cart wall be extended. The extension would not
impair any of the exits from the building.
In addition to the above request, Ventura Pacific Capital Group VI
requested:
a) The approval of installation of newspaper racks at Carls '
Jr. , as shown on the attached plan.
b) Relocation of the existing approved sign previously
approved to be located at the southern most driveway on
Park Lane to the originally proposed location in front of
the Carls ' Jr. restaurant along Los Angeles Avenue.
Approval of Minor Modification No. 9
The Director of Community Development conditionally approved the
following portions of the Minor Modification on May 20, 1994:
A. The vending equipment is as follows:
Two soft drink machines moOPPARK. CAIWORN
Three coin operated kiddie rides City Meeting
of 1904
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Staff conditioned the project to provide a decorative wall with
landscaping treatment in front of the kiddie rides and vending
machines . The design of this area shall be compatible with the
architecture of the building and shall be approved by the Director
of Community Development. The wall shall also contain landscaping
in front of the wall. The reason for this requirement is to better
screen these uses from the parking area and to maintain the
architectural integrity of the shopping center.
B. 40' linear feet of display racks which hold seasonal potted
plants be placed on the front sidewalk directly in front of
the Garden Shop. These display racks are only be used to
display live plant material. If the racks are empty, they
shall be removed and placed inside the garden area.
Staff imposed a condition on the project requiring that the
existing "A" frame display presently located in front of the
nursery area be removed and that all plant displays be placed on
racks . Staff intends to allow the plants to be displayed on a
permanent basis as they add to the aesthetics to the K-Mart
building. In addition, staff required that the existing metallic
metal roof covering the nursery area be painted the same color as
the existing buildings .
C. A 40 inch high cart wall extension for an additional 40 linear
feet.
Staff required that landscaping be installed directly in front of
the existing and proposed cart wall. In addition, the proposed
extension of the wall is to be painted to match the color of the
existing wall . A condition requiring K-Mart to hire a collection
company to collect shopping carts that are taken off-site. K-Mart
is also required to post a sign at all customer exits consistent
with language in the Business and Professions Code relative to the
removal of shopping carts from the premises .
D. Approval of installation of one set of newspaper racks at
Carts' Jr. , as shown on attached plan.
A condition was placed on the project requiring the newspaper racks
be painted the same color as the existing building and that the
rack design incorporate design features of the building.
The Director of Community Development denied the following items
requested in the Minor Modification:
A. Relocation of the approved sign at the southern most
driveway on Park Lane to the originally proposed location
in front of the Carts' Jr. restaurant along Los Angeles
Avenue.
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B. The second proposed location of the newsracks adjacent to
the drive-through portion of the restaurant is
disallowed.
C. The newspaper racks proposed to be located in front of
the K-Mart building is denied.
Staff is of the opinion that newspaper racks are needed in only one
location of the shopping center and that the location at the Carls'
Jr. Restaurant is appropriate because patrons can read the
newspaper while they are eating at the restaurant and the location
of the racks along the side of the building does not detract from
the architecture of the building. In addition, at other commercial
locations throughout the City such as at the Moorpark Town Center
and at the Mash Center, people must park in a parking stall in
order to purchase a newspaper. To locate newsracks in front of the
K-Mart building not only would detract from the architecture of the
building, but could cause automobiles to stop in fire lane located
in front of the K-Mart to purchase a newspaper. This would tend to
block through traffic and create a traffic hazard.
Trash Enclosures
During field visits to the site, staff noted that the existing
trash enclosures have had additional trash bins placed in front of
and behind the enclosed trash areas creating an unsightly
appearance. In an effort to curb this problem, staff imposed a
condition requiring the applicant to construct an additional trash
enclosure designed with a pedestrian access.
Appeal Application
On June 3, 1994, Ventura Pacific Capital Group VI filed (within the
statutory time limit) Appeal 94-4 of the approval of Minor
Modification No. 9 to CPD 89-2 . Specifically, the applicant has
requested reconsideration of the following conditions of the Minor
Modification:
Condition No. 1
"Approval of this minor modification is conditioned upon the
following requests of the applicant being denied: I) The
requested newspaper racks in front of the K-Mart and in the area of
the drive-through at the Canis ' Jr. Restaurant; and 2) The
relocation of the monument sign from Park Lane to Los Angeles
Avenue. "
Applicant's Request
The applicant is requesting approval of the newspaper racks in the
drive-thru area of Carls ' Jr.
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The applicant is also requesting approval of the monument sign on
Los Angeles Avenue. The applicant indicates that they need the
monument sign on Los Angeles Avenue if they are to be successful in
securing a sitdown Italian Restaurant of approximately 2,300 s.f.
for the Center. The applicant's request is to relocate the Park
Lane monument back to its original location between Shell and
Carls' . The relocation of the monument sign would not have an
impact on a future right turn only curb cut for the Shell Station
as it would be located westerly of the curb cut. The applicant has
indicated that if a first class sit-down restaurant cannot be
obtained, that they would be willing to leave the sign at its
present location.
iii
Staff Analysis 1 i '
Staff is of the opinion that the Carls ' Jr. Restaurant already' i1
contains several signs along their drive-through and that the
structure containing newspapers will further clutter the area
unnecessarily. Regarding the monument sign staff also believes
that a sign on Park Lane is adequate and that another monument sign
on Los Angeles Avenue will add to the clutter of signs on a street
which will soon be witness to additional signage to the west.
Condition No. 5
"An additional enclosed trash enclosure area shall be located at
the shopping center. The location and design of the additional
trash enclosure shall be approved by the Director of Community
Development and shall include pedestrian access. "
Applicant's Request
The applicant has requested a reconsideration of this condition on
the basis that it will eliminate needed parking and is unnecessary,
as the existing structure can accommodate the demand from the
building. Ventura Pacific indicates that the trash problem was a
one time situation that was a result of new tenants who were
fixturizing their stores and using this trash enclosure for
construction debris, rather than obtaining their own bins, as
required. The situation has subsequently been resolved.
Staff Analysis
Considering that the problem has been resolved, staff agrees that
at this time there is not a need for an additional trash enclosure.
Recommendation
Approve the attached Resolution denying the Appeal of Condition No.
1 and approving the appeal with respect to the proposed relocation
of the monument sign.
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Exhibits: 1. Revised Approval Letter and modified conditions in
legislative format to show modifications to
original approval letter.
2. Original Approval Letter
3. Draft Resolution
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F• �% , MOORPARK
o9-�v 0 mmeamoz4
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
!0`4 CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVAL OF A MINOR MODIFICATION
July 7, 1994
Minor Modification No. Commercial Planned Development Permit No.
89-2 (Minor Modification No. 9)
Filed by: 1. K-Mart Corporation
700 South Orange
West Covina, California 9179-2651
2 . Ventura Pacific Capital Group VI
340 Rosewood Avenue No. D
Camarillo, California 93010
Address/Location: Los Angeles Ave. and Park Lane in the City of
Moorpark
For: Conditional Approval of:
A. Two soft drink machines
Three coin operated kiddie rides
B. 40 ' linear feet of display racks which hold seasonal
potted plants be placed on the front sidewalk directly in
front of the building extending west of the Garden Shop
entrance.
......... .........
C. A 40 inch high cart wall extension for an additional 40
linear feet.
D. Approval of installation of one set of newspaper racks at
Carls ' Jr. , to be locate along the westerly side of the
building as shown as location No. 1 on the attached site
plan (Attachment 3) .
E. The relocation of the monument sign from Park Lane to Los
Angeles Avenue.
The above approval is made with the attached conditions .
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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EXHIBIT 1
PAUL W.LAWRASON JR. PATRICK HUNTER JOHN E.WOZNIAK BERNARDO M.PEREZ SCOTT MONTGOMERY
Mayor Mayor Pro Tern Concilmember Councilmember Councilmember
Printed on Recycled 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 the City's Zoning
Ordinance;
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 be detrimental to the public interest,
health, safety, convenience, or welfare.
Appeals: As stated in Section 8111-8. 3, 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 City Council to
review the matter at the earliest convenient date.
Zoning Clearance and Building Permit: Upon the expiration of the
16 day appeal period and upon completion of the "prior to zoning
clearance" conditions, a Zone Clearance may be obtained from the
Community Development Department.
CITY OF MOORPARK
Jaime Aguilera, Director
of Community Development
Date: May 18 , 1994
cc. Paul Porter, Senior Planner
CPD 89-2 Minor Modification No. 9 File
Chroni File
Attachments: 1. Conditions of Approval
2 . Site Plan Showing location of K-Mart Vending
Machines, Extension of Cart Wall, plant
display, and approved vs. proposed new
location of Monument Sign
3 . Plot Plan showing two proposed locations of
newsracks at Canis ' Jr. Restaurant
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THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE EXISTING
CONDITIONS OF APPROVAL FOR CPD 89-2
CONDITIONS FOR CPD 89-2 MINOR MOD NO. 9
1 . Approval of this minor modification is conditioned upon the
following requests of the applicant being denied: 1) The
requested newspaper racks in front of the K-Mart and in the
area of the drive-through at the Carls ' Jr. Restaurant; and
2) The relocation of the monument sign from Punk Lane to Loc
Angeles Avenue.
2 . The metal roof covering located in the nursery area shall be
painted the same color as the existing buildings .
3 . A revised landscape plan shall be submitted for review and
approval of the Director of Community Development. The
following additional landscaping shall be added to the site:
A. A two (2) foot wide landscaping strip as approved
by the Director of Community Development shall be
installed along the frontage of the existing and
proposed cart wall as well as the screen wall for
the soft drink machines and the kiddie rides.
B. The area in front of the kiddie rides and vending
machines shall be screened by a decorative wall .
The height and design of this wall shall be
approved by the Director of Community Development
and shall utilize architectural features which will
complement the building.
C. The planting located in front of the entry wall
located at the easterly portion of the main entry
to the shopping center along Los Angeles Avenue
shall be replaced with the plants as specified in
the approved Landscape Plan.
4 . Only live plant material on shelves shall be allowed to be
dis la ed in the arca of the nur3c
display.>..:4 ] s;:.::x0 t :.: :a, ::.:; a cx i :l;::.; ..: tOku::: .::a :t:s:>::<. : :>::;a :.:>:.
::::::C�:: :.:: .:::.�;�E��C >.::>::>::
04d . .,;,#0400$4 . af,.;0014 4WW6 rentrance. I f the
racks are empty, they shall be removed and placedinside the
garden area. The existing "A" Frame display located in front
of the nursery area shall be removed.
5.
at the shopping center. The location and design of the
additional trash enclosure shall be approved by the Director
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6 . K-Mart shall hire either a collection company or their own
employees on a continual basis to collect shopping carts that
are taken off-site. In addition, K-Mart shall post a sign at
all customer exits consistent with language in the Business
and Professions Code relative to the removal of shopping carts
from the premises .
7 . The design of the proposed newspaper racks at the Carls ' Jr.
Restaurant shall complement the architecture of the building
and shall be painted the same color as the existing building
subject to approval of the Director of Community Development.
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CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVAL OF A MINOR MODIFICATION
May 18, 1994
Minor Modification No. Commercial Planned Development Permit No.
89-2 (Minor Modification No. 9 )
Filed by: 1. K-Mart Corporation
700 South Orange
West Covina, California 9179-2651
2 . Ventura Pacific Capital Group VI
340 Rosewood Avenue No. D
Camarillo, California 93010
Address/Location: Los Angeles Ave. and Park Lane in the City of
Moorpark
For: Conditional Approval of:
A. Two soft drink machines
Three coin operated kiddie rides
B. 40' linear feet of display racks which hold seasonal
potted plants be placed on the front sidewalk directly in
front of the Garden Shop.
C. A 40 inch high cart wall extension for an additional 40
linear feet.
D. Approval of installation of one set of newspaper racks at
Cants ' Jr. , to be locate along the westerly side of the
building as shown as location No. 1 on the attached site
plan (Attachment 3) .
The above approval is made with the attached conditions.
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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OCHIBIT 2
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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 the City's Zoning
Ordinance;
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 be detrimental to the public interest,
health, safety, convenience, or welfare.
Appeals: As stated in Section 8111-8 .3, 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 City Council to
review the matter at the earliest convenient date.
Zoning Clearance and Building Permit: Upon the expiration of the
16 day appeal period and upon completion of the "prior to zoning
clearance" conditions, a Zone Clearance may be obtained from the
Community Development Department.
CITY OF MOORPARK
Jaime Aguilera, Director
of Community Development
Date: May 18, 1994
cc . Paul Porter, Senior Planner
CPD 89-2 Minor Modification No. 9 File
Chroni File
Attachments: 1 . Conditions of Approval
2 . Site Plan Showing location of K-Mart Vending
Machines, Extension of Cart Wall, plant
display, and approved vs . proposed new
location of Monument Sign
3 . Plot Plan showing two proposed locations of
newsracks at Carls ' Jr. Restaurant
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THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE EXISTING
CONDITIONS OF APPROVAL FOR CPA 89-2
CONDITIONS FOR CPD 89-2 MINOR MOD NO. 9
1. Approval of this minor modification is conditioned upon the
following requests of the applicant being denied: 1) The
requested newspaper racks in front of the K-Mart and in the
area of the drive-through at the Carls ' Jr. Restaurant; and
2) The relocation of the monument sign from Park Lane to Los
Angeles Avenue.
2 . The metal roof covering located in the nursery area shall be
painted the same color as the existing buildings.
3. A revised landscape plan shall be submitted for review and
approval of the Director of Community Development . The
following additional landscaping shall be added to the site:
A. A two (2 ) foot wide landscaping strip as approved
by the Director of Community Development shall be
installed along the frontage of the existing and
proposed cart wall as well as the screen wall for
the soft drink machines and the kiddie rides.
B. The area in front of the kiddie rides and vending
machines shall be screened by a decorative wall .
The height and design of this wall shall be
approved by the Director of Community Development
and shall utilize architectural features which will
complement the building.
C. The planting located in front of the entry wall
located at the easterly portion of the main entry
to the shopping center along Los Angeles Avenue
shall be replaced with the plants as specified in
the approved Landscape Plan.
4 . Only live plant material on shelves shall be allowed to be
displayed in the area of the nursery. If the racks are empty,
they shall be removed and placed inside the garden area. The
existing "A" Frame display located in front of the nursery
area shall be removed.
5. An additional enclosed trash enclosure area shall be located
at the shopping center. The location and design of the
additional trash enclosure shall be approved by the Director
of Community Development and shall include pedestrian access.
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6 . R-Mart shall hire either a collection company or their own
employees on a continual basis to collect shopping carts that
are taken off-site. In addition, K-Mart shall post a sign at
all customer exits consistent with language in the Business
and Professions Code relative to the removal of shopping carts
from the premises .
7 . The design of the proposed newspaper racks at the Carls ' Jr.
Restaurant shall complement the architecture of the building
and shall be painted the same color as the existing building
subject to approval of the Director of Community Development.
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