HomeMy WebLinkAboutAGENDA REPORT 1994 0817 CC REG ITEM 11FAGENDA REPORT
CITY OF MOORPARK
TO: The Honorable City Council
FROM: Jaime R. Aguilera, Director of Community
Kathleen Mallory, Associate Planner V-1%
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ITEM &* -
C iy C0in,CiI M _ ..
ACTION:
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Developmen
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)AADP305MIN.APP
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:\DP305MIN.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
KMP- 08-10- 94(3:00pm)A:\DP305MI N.APP
ATTACHMENT NUMBER 1
KM P- 08-10 -94 (3:00pm)A:1DP305MI N.APP
July 5, 1994
MOORPARK
799 Moorpark Avenue Moorpark, Callfornla 93021 (805) 529 -6864
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
teven G. H2 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
Mayor BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Pro Tern Counalmember Counalmember
Counalmember
ATTACHMENT NUMBER 2
KMP-M I O- 94(3:00pm) A:\DP305M I N.APP
CITY OF MOORPARK DECEIVED
799 MOORPARK AVENUE
�tC 01 1994
MOORPARK, CALIFORNIA 93021
805/529 -6864
Ci;y 0f Moorpark
APPEAL FORM MUST BE FILED WITHIN 15 DAYS OF THE DECISIONn"y Dpve opment Department
(Effective June 6, 1992)
To: City Council
Planning Commission Date: July 29, 1994
I hereby appeal the decision of the Director of COmmunit
which was given on March 24th Develo ment.
19 94 '
The decision was as follows:
Revar i ncT DP_
The Director of Community DevPl,nm
would be necessary in order to screen roof equipment tonothe
subject building.
The grounds of appeal are: (attach additional sheets as needed)
It is our opinion that roof screens are not necessary,
`ipment i c nr,+ whereas the roof
lie economic
impact of rovid" r1q roof screens is not
time. warranted at this
I request that the appropriate decision making body take the following action:
determination until it becomes necessary. As such time as the property
north of 11910 roindexter 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> _ If not g
appeal as an a state basis for fillip
"aggrieved person."
Signature of Appellant: 0e. —5 '
✓! ) 11� .vilem 0' 14 Date:
CRL- 01- 14- 92(9 :34am)C:\UP51\FORMS\APPEAL `�1 v 9 1 9 9 4
ATTACHMENT NUMBER 3
KMP- 08-10- 94(3 :00pm)A:\DP305MI N.APP
March 8, 1994 -
MOORPARK
79.9 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:
Location:
Approved by the Director on:
For:
Pheiler and Pheiler
2580 Santa Fe Avenue
Redondo Beach, CA 90278
11910 Poindexter Avenue
South side of Poindexter Avenue-
March 8, 1994, contingent upon compliance with the
attached conditions of approval
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
Mayor Mayor Pro Tem
1
JOHN E. WOZNIAK
Concilmember
BERNARDO M.PEREZ SCOTT MONTGOMERY
Councilmember Councilmember
Printed on Recycled Pape.
a. The Minor Modification is consistent with the intent and provisions of the City's
General Plan and 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, or impairs the utility
of neighboring property or uses;
d. The Modification is not detrimental to the public interest, health, safety,
convenience, or welfare; and
e. Is compatible with existing and planned land uses in the general area where the
development is to be located.
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 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 Zoning Clearance
may be obtained from the Community Development Department.
CITY OF MOORPARK
e R. Aguilera
Director of Community Development
cc: City Council
Planning Commission
City Manager
City Attorney
City Engineer
Building & Safety
Fire Department
Sheriff Department
Attachments:
Copy of development plans
Conditions of Approval
2
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 305.
KMP -03 -09 -94 (4:30Pm) A ADP305MIN. MOD
• All landscaping which has died, shall be replanted with a landscape material
as specified within the approved landscape plan for Development Permit
Number 305.
2. A Sign Permit shall be obtained for all on-site signs; off-site signs are prohibited.
3. Four picnic tables (two benches per table) shall be installed on the south side of
the building within the landscape area reserved for future parking.
4. Conditions of approval in Resolution Number 84-135 shall apply.
5. The trash enclosure gate shall be repaired.
6. The parking lot shall be slurry sealed and parking spaces shall be re-striped.
7.- = The applicant shall comply with the City's Transportation Demand Management
Ordinance (TDM) as follows:
An information board shall be prominently installed and continually displayed with
current information and, as a minimum, shall display the following items:
• Current maps, routes, and schedules for public transit routes serving the
site.
• Ridesharing promotion material supplied by commuter oriented
organizations. :
• Telephone numbers for referrals on transportation information including but
not limited to numbers for the regional ridesharing agency, Dial-A-Route,
and local transit operators.
• Bicycle route and facility information, including regional/local bicycle maps
and bicycle safety information.
• A listing of facilities and services available for carpoolers, vanpoolers,
bicyclist, transit riders, and pedestrians at the site.
8. The entire exterior of the building shall be repainted with the following colors:
Swiss Coffee (836) and Precaution Blue (10-22).
9. A Zoning Clearance is required in order to occupy the building.
10. All roof mounted equipment that may extend above any parapet wall shall be
enclosed on all four sides by a view obscuring material.
KM P-03-09-94(4:30 P m)A A D P305 M I N.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.
KM P- 03 -09 -94 (4:30pm) A ADP305MI N. MOD
ATTACHMENT NUMBER 4
KMP-Ml 0- 94(3:00pm)AADP305M I N.APP
�o
FG 014
v1L
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.
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 -
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.
e16- 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 placed 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 posts in parking areas
adjacent to landscape areas.
v°PaK cq 't '
F MOORPARK
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09 m 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
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September 15, 1994 Sent by Registered Mail
Pindler and Pindler
11910 Poindexter Avenue
Moorpark, CA 93021
Attention: Curt Pindler
SUBJECT: NOTIFICATION OF CITY COUNCIL HEARING ON SEPTEMBER 21,
1994 REGARDING APPEAL N0. 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 . G �
Paul Porter
Senior Planner
CC . The Honorable City Council
Steve Kueny, City Manager
Jaime Aguilera, Director of Community Development
L-.City Clerk
Case File
Chroni File
PP09:15:94 14:28pmA:\APL945.LTR
PAUL W.LAWRASON JR. PATRICK HUNTER JOHN E.WOZNIAK BERNARDO M.PEREZ SCOTT MONTGOMERY
Mayor Mayor Pro Tern C:oncilmember Councilmember Councilmember
Printed on Recycled Peper