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HomeMy WebLinkAboutAGENDA REPORT 1994 0907 CC REG ITEM 11ITO: FROM: DATE: AGENDA REPORT CITY OF MOORPARK The Honorable City Council (-ITEMJ�.�...+L.L = 4A a,a_... `ate Jaime R. Aguilera, Director of Community Development ►! -'� - Kathleen Mallory, Associate Planner V�w\ `J August 25, 1994 (CC meeting of September 7, 1994) SUBJECT: CONSIDER GIVING DIRECTION TO STAFF AND THE PLANNING COMMISSION REGARDING THE REBUILDING OF THE MAYFLOWER MARKET AND ADOPTION OF RESOLUTION NUMBER 94- TO AMEND CERTAIN SECTIONS OF THE ZONING ORDINANCE BACKGROUND Due to the January 17, 1994 earthquake and subsequent aftershocks, the majority of the Mayflower Market was determined to be unsafe and was therefore required .to be demolished. The purpose of this staff report is to receive direction from the City Council recognizing that due to the nature of this project, the project will require modifications of the usual Zoning Ordinance requirements; and to instruct staff and the Planning Commission regarding specific issues germane to a Commercial Planned Development Permit (CPD)). DISCUSSION General Information Due to financial constraints and the stipulation that the Small Business Administration will not pay for building expansion, the Mayflower Market will not be expanding their store to encompass the parcel of land directly east of the existing building - hereinafter referred to as "shop building." Further, for the Council's information, pursuant to the Zoning Ordinance, the approval body for this CPD permit will be the Planning Commission; approval will ensure that the Mayflower Market is considered a legal conforming business. Rebuilding and Permit Requirements When the Market was demolished entitlement permits did not exist for the commercial building; therefore, according to the City's Zoning Ordinance, the business was considered legal non - conforming. Demolition activities require compliance with Section 8113 -6.1.2 of the Zoning Ordinance states the following: 9 y KMP4)8- 25- 94(5:06pm)A:1CC9- 7MYF.RPT The Honorable City Council August 25, 1994 Page 2 Section 8113 -6.1.2 - Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of more than 50 percent or its floor or roof are which existed before destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classifications in which they are located. Therefore, according to the Zoning Ordinance, the Mayflower Market is required to file an entitlement application for a CPD permit. Staff's Recommendations Rebuilding and Permit Requirements - Due to requirements outlined within the Zoning Ordinance and given the proposed project, the reconstruction of the Mayflower Market would require the filing of a Variance, in order to allow a reduction in landscaping and setback requirements. The filing of a Variance seems onerous given the prevalence of non - existing landscaping and zero setbacks for existing buildings. Further, it is likely that the proposed Downtown Plan will promulgate land planning in this manner. Therefore, the imposition of existing Zoning Ordinance requirements in the downtown area seems contrary to planned enhancement for this area. The reconstruction of the Mayflower Market, to the pre - earthquake footprint and square footage standards, could occur without the filing of a Variance application if modifications were made to the Zoning Ordinance. Additionally, for the Council's information, when the rebuilding occurs, staff will require that the applicant clear the shop building of debris and provide an attractive enclosure around the shop building parcel. Staff proposes that the City Council instruct staff and the Planning Commission regarding the following: Zoning Ordinance - That the City Council direct staff to conduct Zoning Ordinance amendments to reduce setbacks, consider an in -lieu program to meet the required off - street parking and, a reduction in the landscaping requirements for all commercial developments in the "downtown area ". Application of the in lieu fee requirement would be utilized when the Mayflower Market expands and for future development projects. Landscaping - The existing sidewalk in front of the Mayflower Market on High Street is void of any landscaping. The owner of the Mayflower Market should be required to remove existing concrete and install a landscaped planter directly behind curb face in front of the Market, extending the length of the owner's parcel (see Attachment Number 1); planter design and landscape species would be approved by the City. This landscaped area could be applied towards the owner's landscaping requirement. KMP- 0&25.94 (5:06pm)A:1CC9 -7MYF. RPT The Honorable City Council August 25, 1994 Page 3 Parking - lot merger - Reconstruction of the building will require compliance with existing parking requirements (1 parking space per 300 square feet of gross floor area); the building reconstruction will total approximately 3,150 sq. ft. (11 parking spaces). The owner of the Mayflower Market has indicated that the parking for the reconstruction of the building will either be provided behind the existing building or on the parcel of land known as the shop building; therefore, it is expected that the owner will be able to provide the required number of on -site parking spaces for the building to be reconstructed. Parking problems may ensue in the future because the parcel upon which the Market is proposed to be reconstructed and the parcel referred to as the shop building are two separate parcels (see Attachment Number 1); however, at the present, both parcels are owned by the same person. If the land referred to as the shop building is sold by the owner of the Mayflower Market, it is likely that the ability to meet parking requirements for both parcels will not be able to be obtained. Therefore, staff recommends that a condition of the CPD be that a lot merger be required. This action will insure that the existing or future owner of the one parcel will have to meet the parking requirements for both buildings. Fees - It is staff's recommendation that City Capital development type fees (such as Area of Contribution, Police, Fire, Arts, Parks and the Citywide Covenant) not be collected for the reconstruction of the Market due to the fact that this is a replacement building. However, when the shop building is developed, the owner understands that the fees will be required. Access - Vehicle access to the site to be reconstructed, will not create a problem. However, when the shop building is developed, access may become a problem. Parking for the business to the east (the Video Shop owned by Dr. Caren) of the shop building continues to be a problem in that no commercial parking spaces are provided. In the future, staff believes that the Video Shop building will be reconstructed or occupied by a different business. When this occurs, staff believes that access and parking for both the shop building and the existing Video business may jointly be provided. Therefore, staff recommends that the owner of the shop building be required to sign an agreement agreeing to a future shared access with the owner of the land to the east (Dr. Caren). This is similar to the requirements of CPD 92 -1 (Attassi). Public Improvements - Proposed public improvements on Walnut Street are planned to be constructed by the City. Staff recommends that the owner of the Mayflower Market not be required to pay for public improvements associated with reconstruction of the building. Council consideration of the allowance of angled parking on Walnut Street on the City improvement plans will be considered by the Council on the September 7, 1994 agenda. KMR4)8- 25- 94(5:06pm) A: \CC9 -7MYF. RPT The Honorable City Council August 25, 1994 Page 4 Fiscal Impact Analysis - The City will seek reimbursement from the County for all of the staff time spent working on this project. However, at this point staff has not determined if the County will reimburse the applicant for permit fees. The applicant will be required to pay all entitlement fees with reimbursement either sought through the Small Business Administration (SBA) or the Federal Emergency Management Association (FEMA). RECOMMENDATIONS: Staff recommends that the City Council make the following directives: Direct the Planning Commission to consider the filing of the CPD by the Mayflower Market, with consideration given to: 1) the need for a lot merger, to create one parcel in order to ensure that parking for this area does not create concern. 2) City Capital development type fees (such as Area of Contribution, Police, Fire, Arts, Parks and the Citywide Covenant) not be required for the replacement building. 3) the requirement of a shared access agreement. 4) not requiring the public improvements on Walnut Street. 5) allow the owner of the Mayflower Market to provide a landscaped planter and agree to maintain this planter on High Street in front of the subject building; planter design and landscaping species shall be approved by the Director of Community Development. 6) allow the design of the building to take onto consideration the proposed amendments to the zoning ordinance for the downtown area even if the proposed changes have not yet taken effect. The City Council also directs staff and the Planning Commission to conduct necessary Zoning Ordinance Amendments to reduce setbacks, and a reduction in landscaping requirements for the downtown area and hereby adopts the attached City Council Resolution. Attachment: Assessor's Parcel Map KMP- M25-94 (5:06 pm)A:1CC9 -7MYF. RPT