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HomeMy WebLinkAboutAGENDA REPORT 1994 0706 CC REG ITEM 11H //C , 100( .: .c) ITEM01 •--Th :AQ ARK.C/XLIFOi2N7, ! i( ta:a:tll(OGkietmo 9f = 1qP AGENDA REPORT ACTIO y , % TO: The Honorable City Council gy • FROM: Jaime Aguilera, Director of Community Developmen Paul Porter, Senior Planner DATE: June 10, 1994 (CC meeting of July 6, 1994) SUBJECT: APPEAL NO. 94-2 OF MINOR MODIFICATION NO. 8 TO CPD 89-2 (Mission Bell Plaza) ON THE APPLICATION OF SHELL OIL COMPANY Background: On February 10, 1994, Shell Oil Company submitted Minor Modification No. 8 for CPD 89-2 for approval of a thirty-five (35) foot wide driveway to be located on Los Angeles Avenue easterly of the existing Carl's Junior Restaurant. Staff Comments The Council specifically approved this project without a curb-cut on Los Angeles Avenue on the basis that a curb-cut on Los Angeles Avenue in front of the Shell Service Station would potentially increase traffic hazards on Los Angeles Avenue. The applicant was informed that in order for staff to consider approval of this modification the applicant would be required to design and construct a raised median with landscaping along Los Angeles Avenue from Park Lane to Liberty Bell Road to prevent vehicles from making left-hand turns to or from the site. The Director of Community Development reviewed the proposed Minor Modification and denied it on April 1994, because the applicant informed staff that they had received a letter from A&S Engineering dated March 30, 1994 indicating that Caltrans would not approve a median. The applicant filed Appeal No. 94-2 on May 3, 1994 (within the statutory time limit) indicating that the proposed driveway had been reviewed and considered acceptable to the City Engineer and Caltrans with minor modifications. Staff is of the opinion that without the median, motorists will attempt to make a left turn from the proposed driveway even if the applicant posts a no-left turn sign. Making a left turn across Los Angeles Avenue into or from the site would create a safety hazard. Recommendation Staff recommends that the City Council deny Appeal No. 94-2 of Minor Modification No. 8. PP06:10:94/12:42pmA:\APEAL942.CC If the Council concurs, adoption of the attached Resolution (Attachment 1) would be in order. If the Council approves the Appeal, adoption of the attached Resolution approving the Appeal would be in order (Attachment 2) . Attachments: 1. Resolution for denial of Appeal 2 . Resolution for approval of Appeal PP06:10:94/I2:42pmA:\APEAL942.CC 2 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DENYING APPEAL NO. 94-2 OF THE DIRECTOR OF COMMUNITY DEVELOPMENT'S DENIAL OF MINOR MODIFICATION NO. 8 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 89-2 (SHELL OIL COMPANY) WHEREAS, on February 10, 1994, Shell Oil Company submitted Minor Modification No. 8 for CPD 89-2 for approval of a thirty-five (35) foot wide driveway to be located on the north side of Los Angeles Avenue approximately 120 feet west of Park Lane; and WHEREAS, the Director of Community Development reviewed the proposed Minor Modification and denied it on April 1994; and WHEREAS, the applicant filed Appeal No. 94-2 on May 3, 1994 (within the statutory time limit) ; and WHEREAS, at the City Council hearing on July 6, 1994, the City Council considered the application filed by Shell Oil Company, requesting approval of Appeal No. 94-2; and WHEREAS, at its meeting of July 6, 1994, the City Council opened the public hearing, took testimony from all those wishing to testify and closed the public hearing; and WHEREAS, the City Council after review and consideration of the information contained in the staff report dated June 10, 1994 has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1 . That the City Council denies Appeal No. 94-2 PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF JULY, 1994 . Mayor of the City of Moorpark ATTEST: City Clerk PP06:19:99/10:53<mA:\APL991.RES ATTACHMENT 1 i RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING APPEAL NO. 94-2 OF THE DIRECTOR OF COMMUNITY DEVELOPMENT'S DENIAL OF MINOR MODIFICATION NO. 8 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 89-2 (SHELL OIL COMPANY) WHEREAS, on February 10, 1994, Shell Oil Company submitted Minor Modification No. 8 for CPD 89-2 for approval of a thirty-five ( 35) foot wide driveway to be located on the north side of Los Angeles Avenue approximately 120 feet west of Park Lane; and WHEREAS, the Director of Community Development reviewed the proposed Minor Modification and denied it on April 1994; and WHEREAS, the applicant filed Appeal No. 94-2 on May 3, 1994 (within the statutory time limit) ; and WHEREAS, at the City Council hearing on July 6, 1994, the City Council considered the application filed by Shell Oil Company, requesting approval of Appeal No. 94-2; and WHEREAS, at its meeting of July 6, 1994, the City Council opened the public hearing, took testimony from all those wishing to testify and closed the public hearing; and WHEREAS, the City Council after review and consideration of the information contained in the staff report dated June 10, 1994 has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Council approves Appeal No. 94-2 PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF JULY, 1994. Mayor of the City of Moorpark ATTEST: City Clerk PP06:16:94/9:06amAr\942RRS.APR ATTACHMENT 2