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HomeMy WebLinkAboutAGENDA REPORT 1991 0403 CC REG ITEM 08F '1 �a.loo(i5) MOORPARK ITEM e. �. PAUL W. LAWRASON JR. o, �, STEVEN KUENY Mayor o` �oCity Manager BERNARDO M. PEREZ `` �; CHERYL J. KANE Mayor Pro Tern City Attorney SCOTT MONTGOMERY i PATRICK RICHARDS,A.LC.P. Councilmember \�90 o/ Directorrofof JOHN E. WOZNIAK \qq ,/ Community Development Councilmember ' _"/ JOHN F. KNIPE LILLIAN KELLERMAN City Engineer City Clerk I,:OORPARK. CALIFORNIA JOHN V. GILLESPIE City Council Meeting Chief of Police of I. 199/ RICHARD T. HARE City Treasurer ACTION: .FLeIYieLLnry a By a 1 4 L j... To: Honorable City Council From: Patrick J. Richards, Director of Community Development \ Date: March 25, 1991 (CC Meeting 4/3/91) Subject: PD 1066 (Liston) Minor Modification No. 1 This report is a summary of events as they have occurred over the past several weeks regarding PD 1066. Presented below is a chronological listing of the events. March 5, 1991 Tuesday. City is advised that trees have been removed in violation of the permit. Staff begins to review the file. March 6, 1991 Wednesday. Council requests staff to confirm tree removal. If the trees have been removed Staff is to place a Stop Work Order on the project pursuant to Council's direction. March 7, 1991 Thursday. Staff confirms that trees have been removed and continues to review the file. A "Stop Work Order" was given to the developer at 9:00 a.m. Actual work did not end until 3:00 p.m. March 8 ,1991 Friday. Director meets with Mr. Liston to explain the violation to the applicant. City sends letter to Mr. Liston explaining, in writing, the specifics of the violation and directing the applicant to stop all work until the matter is resolved. 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 March 11 , 1991 Monday. Staff continues to review this matter. No contact from either Mr. Liston or the Church. March 12,1991 Tuesday. Staff continues to review this matter. No contact from either Mr. Liston or the Church. March 13,1991 Wednesday. City Council meets to consider PD 1066 violations. At this meeting the applicant spoke and stated that all removed trees would be replaced. He also indicated that he had reached an agreement with Shiloh Church that if the car wash noise could not be mitigated then the car wash would not open until 12:00 noon on Sunday's. Randall Baker spoke on behalf of the Church. He stated that the Church is not opposed to the project but does have concerns about the sound and hours of operation. He requested that the wall on the south be raised to 10 feet in height, replace trees lost on the south with 'in kind' trees. He raised a concern over the gas pumps and asked why there was no study of that matter. After discussion, the Council presented a set of conditions to the applicant as a prerequisite to lift the Stop Work Order. Mr. Liston agreed to all Council conditions listed as follows. 1 . Comply fully with all remedial and punitive reimbursement costs per the City Tree Ordinance (Ordinance No. 101). 2. Limit hours of operation of the car wash on Sunday to begin no earlier than 12:00 noon. This limitation on Sunday hours of operation will remain in effect only as long as the adjacent property is a church. A future Minor Modification would be the vehicle for a request to change the hours of operation in this circumstance. 3. Agree to all six conditions in the memorandum dated March 13, 1991 from Pat Richards "PD 1066 (Liston) Proposed Conditions regarding Gas Sales" as listed below: a That no delivery of any kind be made between the hours of 10:00 p.m. and 6:00 am. b. That gasoline pump islands shall be limited to three (3) and no more than two (2) gasoline delivery pumps be installed on each 3 pump island. c. That there shall be no outside display of any automobile related products for sale (oil, anti- freeze etc). d. That all gas price signs shall be made part of an overall sign program to be approved by the Director of Community Development prior to the first occupancy of either the car wash or auto service building. e. That all necessary permits to store and sell flammable liquids shall be obtained from the Ventura County Fire Department and the Ventura County Environmental Health Department. f. That no advertising shall be installed on the gasoline pumps except that related to gasoline sales. 4. A revised Landscape Plan shall be submitted and be subject to approval by the Director of Community Development. 5. A noise attenuation block wall of a minimum of 8 feet be constructed along the property line adjacent to the church as approved by the Director of Community Development. The block wall is not eight feet for its entire length but only until the most westerly offset; the wall to be 6 foot from that point forward. The Director of Community development will work out the exact specifics with the applicant. 6. Gasoline sales to be conducted only in conjunction with the washing of a person's vehicle, i.e., only those receiving car washes can purchase gas. 7. The applicant to be required to reimburse the city for all costs incurred as a result of the tree removal and any deficiencies in the planning costs for processing. As of March 13, 1991 these cost were $ 2,085.00. As additional work is performed by Staff on this project the amount of money due 411 the City will increase. The applicant shall pay all costs related to the City's enforcement efforts. These conditions to be formally adopted by the processing of a Minor Modification for the project. Two Memorandums were sent from the Director to the Council. The first was a status report containing the results of Staff's research of listening to the audio tapes of the City Council and Planning Commission meetings that were held prior to approval of the Permit. The second contained the Director's proposed conditions in regards to the sale of gasoline. March 14, 1991 Thursday. Applicant files for a Minor Modification. City Staff takes in the entitlement Application and the fee deposit and informs the applicant that he will need to submit a letter stating acceptance of the Council's conditions. Also, how he will accomplish the conditions, and copies of the revised Landscape Plan. Staff submits to the City Manager a Memorandum giving the status of PD 1066. This memo includes information on the filing of the Minor Modification and what material in necessary to complete the Minor Mod. March 15, 1991 Friday. 4:00 p.m. Meeting with Tom Cushman (developer's partner) and the Director to discuss possible tree varieties. Considered the use of more Ficus Nidata trees along the north property line, at least twice as many , pull trees down to street. Considered Ficus along Park Lane 36" and 24" box size. Mr. Cushman would like Cork Oak trees at rear and in the southwest corner (church area). Director refereed him to contact the Church to see if they would allow trees to be planted on their side of the wall inasmuch as there is only 2 1/2 feet of planter on the north side of the wall. March 18, 1991 Monday. The City did not hear from either party. March 19, 1991 Tuesday. Director attempted to call Leonard Liston at 3:00 pm., left a message. Left a message for Tom Cushman at 1 :45. At 8:30 am the Director had a meeting with Pastor Errol Hale of the Shiloh Church, the Church's position is to move the wall north 2.5 feet and plant trees, shrubs, etc. on the south side of the wall. Director 5 reviewed option to leave the wall in place and plant trees only on the Church's property. Discussed the need for maintenance easement if landscaping is approved as the church proposed. Mr. Hale also discussed raising the height of the wall and the hours of operation The meeting ended at 10:00 am. March 20, 1991 Wednesday. City did not hear from either party. March 21 ,1991 Thursday. 10:45 am the Director spoke with Leonard Liston, advised him of the Church's position. Requested that no further work be done on the wall between the Church and the car wash. Liston has a meeting on site for Monday the 25th with the Landscape Architect and Errol Hale (Church Pastor) to review the planting proposal along the southern property line. March 22, 1991 Friday. Staff begins preparation of this report. March 25, 1991 Monday. An on site meeting is scheduled to take place between the Church and the developer of the car wash. This meeting was cancelled due to rain. Staff contacted Mr. Liston who indicated that he would meet with the Church the first day that the rain stops. He also indicated that he has been in contact with Church and that they have reached a mutual agreement. The developer has given to Staff the letter required for the Minor Modification (listing what conditions the Council imposed, and statements of his acceptance of the conditions and how he plans to implement the conditions). Staff's review of the letter reveals a number of needed corrections. The Landscape Plan was returned to the applicant for corrections and was not taken for review. Staff does not have copies of the Landscape Plan. No solutions to the Church's concerns are discussed. The applicant is required to file a sign program, we are still awaiting submission. The Council limited the operation of the car wash to starting at 12:00 noon on Sunday's. This letter indicates that the wash will begin earlier than 12:00 noon. The letter also needs to state that the City will be reimbursed for all costs for tree removal and all planning processing. In addition, the letter does not address how each condition will be implemented. 6 Staff wishes to bring to the Council's attention that the Shiloh Church is located on land owned by the Ch. American Baptist Pac SW at 970 Village Oaks Dr. Covina, Ca, 91724 as listed in property ownership tax rolls supplied by the County Assessor's office. Tree preservation in the City of Moorpark is based upon four Ordinances. Ordinance 89 prohibits any tree with a trunk diameter four inches or greater to be cut down without the permission of the City. This Ordinance requires that when the City allows trees to be removed and it contains a tree evaluation formula to determine the value of trees that are removed. Ordinance 101 supplements Ordinance 89 by covering historic trees, oak trees and mature trees by specifying the procedure for removal and preservation of these trees. Ordinance 102 relates to the planting and maintenance of trees, shrubs and plants. Ordinance 107 amends a portion of Ordinance 101 regarding setbacks and yards. Determining the value of the trees that have been removed is an almost impossible task. The tree evaluation formula requires that the condition of the tree to be known, so it can be used as part of the equation. Because the trees and stumps have been removed the condition of the trees cannot be determined. The City does have the option of assigning a value in the absence of other information (the City could assume that all trees were in excellent condition, or level A). This formula could be used to determine the replacement value which the applicant would have to be responsible for. Many of the trees which were cut down are either not available or are available commercially but not at the same size which was cut down. Staff has contacted Boething Treeland Farms for estimated replacement values (what the applicant would need to pay to purchase replacement trees). A 36" box tree (trunk diameter of 3-4") would cost approximately $400.00 of most any species variety. A 48" box tree (trunk diameter of 4- 5") would cost approximately $800.00. Replacement costs for larger diameter trees could run from $2,000.00 to $3,000.00 per tree. These figures are averages and could vary, by the particular species of tree. The larger trees have a much lower probability of survival than the smaller box trees. The City should obtain from the applicant either a letter of credit or a cash deposit to be used for the replacement of any tree which does not survive, regardless of it's size, but especially if the Council decides to require the applicant to install the larger tree sizes. 7 In Staff's opinion the applicant is making adequate progress toward meeting the concerns of the Church and the City. Preparation of the revised Landscape Plan can only proceed after all concerns have been met. Staff will submit to Council additional progress memos as conditions warrant. The Minor Modification is tentatively scheduled to appear on the April 17, 1991 agenda. Recommendation Receive and File Attachment: Letter from applicant dated 3/22/91 March 22 , 1991 RECE1Vtn City of Moorpark 5 19, f 799 Moorpark Avenue MAR 2 Moorpark, California 93021 04 C ; Attention: Mr. Pat Richards Director of Community Development SUBJECT: REQUEST FOR MINOR MODIFICATION, PLANNED DEVELOPMENT PERMIT NO. PD-1066 , MOORPARK CAR WASH, 75 PARK LANE, MOORPARK, CALIFORNIA. Gentlemen; As owners of Moorpark Car Wash, PD-1066 , we are requesting approval of a Minor Modification to the Conditions of Approval for the subject property, 75 Park Lane, PD-1066 . Our request for the Minor Modification follows the current "Conditions of Approval Violation" placed on the property as described in the attached City of Moorpark letter dated March 8 , 1991. The current violation was discussed in detail at the City of Moorpark Council meeting on March 13, 1991. A rough draft of Council 's discussion is attached. Pursuant to the City of Moorpark Council meeting the following tasks have been completed or are in progress in order to file and approve the Minor Modification and formally lift the current violation: 1. A request of Minor Modification was filed with the City of Moorpark on March 14, 1991. 2 . A revised landscape plan was prepared and submitted to Mr. Pat Richards, Director of Community Development for preliminary review. In addition, the revised landscape plan was presented to the City Council at the March 13 , 1991 meeting. 3 . An informal mea ting with Pastor Hale of the Shiloh Community Church was held to discuss their concerns relating to the revised landscaping plan and hours of operation . 4 . The overall sign has been designed to incorporate the gasoline sales pricing and has been approved and permitted the City of Moorpark . Taking in consideration the concerns expressed by the City of Moorpark City Council and the Shiloh Community Church we are proposing the following minor modifications to be added to the Conditions of Approval for the subject project , PD-1066 , Moorpark Car Wash , 75 Park Lane , Moorpark, California. We agree to reimburse the City of Moorpark for all costs associated with the processing and approval of the Request for Minor Modification. 1 . The operation of the car wash on Sundays prior to 12 : 00 P .M. shall be conducted in a menet which will not distrub or disrupt the Church Service . To implement this , the sound attenuation wall located along the southerly property line shall be extended to a minimum height of 8 feet from the southeast corner of the auto service building to 8 feet beyond the southwest corner of the car wash building, a distance of approximately 60 feet . In addition, landscaping and trees shall be planted to provide a visual barrier along the sound attenuation wall . If the noise level proves to be excessive and the Shiloh Community Church cannot conduct their Sunday service, the car wash shall not open for business untill 12 : 00 P .M. 2 . No delivery of any kind shall be made between the hours of 10 : 00 P .M. and 6 : 00 A.M. 3 . The gasoline pump islands shall be limited to three (3) and no more that two (2) gasoline pumps shall be located on each island. 4 . There shall be no outside display of any petroleum products for sale other than the gasoline sales . 5 . All gas price signs shall be made part of the overall sign. /® 6 . All necessary permits to store and sell flammable liquids shall be obtained from the County of Ventura Fire Department and Enviromental Health Department . 7 . That no advertising shall be installed on the gasoline pumps except that related to gasoline sales . 8 . A revised landscape plan shall be submitted and approved by the City of Moorpark, Director of Community Development . 9 . Gasoline sales shall be conducted only in conjunction with car wash services . It is requested that the above itemized minor modifications be added to the Conditions of Approval for PD-1066 . Respectfully submitted ; Thomas Cushman -onard Liston President Vice President Moorpark Car Care , Inc . Moorpark Car Care , Inc . LL:gw Enclosures : City of Moorpark letter , dated March 8 , 1991 "Rough Draft" March 13 , 1991 City Council meeting MOORPARK /1 _7 PAUL W. LAWRASON JR. o K �q STEVEN KUENY Mayor ��P% �� City Manager BERNARDO M. PEREZ CHERYL J. KANE Mayor Pro Tern l.. 40oI City Attorney SCOTT MONTGOMERY � +�� PATRICK RICHARDS, A.I.C.P. Councilmember �;✓ ;" Director of JOHN E. WOZNIAK \ao .,^ Community Development Councilmember JOHN F. KNIPE LILLIAN KELLERMAN City Engineer City Clerk JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer March 8, 1991 Mr. Leonard Liston L. Liston & Associates 31129 Via Colinas, Suite 705 Westlake Village, CA 91362 RE: PLANNED DEVELOPMENT PERMIT NO. PD-1066 - CONDITIONS OF APPROVAL VIOLATION Dear Mr. Liston: The purpose of this letter is to act as a follow up to the City's "Stop Work Order" , regarding PD-1066 and our meeting of March 8, 1991. Currently you are in violation of Article 12 (Commercial Planned Development) , of Division 8 of the Moorpark Zoning Code. Specifically, you are violating conditions of development approved under Resolution No. 88-444 dated February 3, 1988. As a condition of approval twelve trees were to remain on the subject site as part of the project design. Six of these trees were removed, during development of the site. At a meeting in my office on March 8, 1991 you admitted that the trees were removed contrary to the approved site plan for PD-1066 . 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 /14 Pursuant to the City Council 's direction of March 6 , 1991, you are to stop all work until the matter regarding the removal of several trees has been resolved. As further directed by the Council, I will report on this matter at the March 20, 1991 City Council meeting. Sincerely, Patrick J/ ichards, irector ,of'Community Development ; cc : The Honorable City Council Steven Kueny, City Manager Dave Baird, Building Official DRAFT /3 D. Consider Violation of PD 1066 (Liston) regarding the Removal of Project Trees without City Approval . Staff Recommendation: Direct staff as deemed appropriate. Mr. Richards gave the staff report. Leonard Liston was allowed to address the Council . He recounted the stop work order processed by the City against his project for the removal of trees designated to remain on the subject site as required by PD1066 . He said the trees would be replaced, and they would provide good shade , although not all the replacement trees would be the same variety. He indicated that he had made a verbal agreement with the Shiloh Community Church that if the noise from the car wash couldn't be satisfactorily mitigated by the measures planned, he would not open the car wash until 12 : 00 noon on Sunday. Randal Baker, 263 Sierra Avenue, spoke on behalf of the Shiloh Community Church regarding the churches concern over the removal of the trees and the hours of operation of the proposed car wash. He also indicated their concern over gasoline sales at the car wash. Gerald Goldstein, 11932 Los Angeles Avenue, complained that trees had injudiciously been cut down in the City. He also indicated that he felt gasoline sales should not be allowed for PD1066 (Liston) . Councilmember Montgomery suggested that if the applicant would agree to the following conditions, the stop work order could be lifted by the City: 1 ) Comply fully with all remedial and punitive reimbursement costs per the City Tree Ordinance (Ordinance No. 101 ) . 2) Limit hours of operation of the car wash on Sunday to begin no earlier than 12:00 noon. 3 ) Agree to all six conditions in the memorandum dated March 13 , 1991 from Pat Richards "PD 1066 (Liston) Proposed Conditions RE: Gas Sales" as listed below: a. That no delivery of any kind may be made between the hours of 10 :00 P.M. and 7 : 00 a.m. b. That gasoline pump islands shall be limited to three ( 3 ) and no more than two (2) gasoline delivery pumps shall be installed on each pump island. c. That there shall be no outside display of any DRAFT ®� automobile products for sale (oil , anti-freeze etc. ) d. That all gas price signs shall be made part of an overall sign program to be approved by the Director of Community Development prior to the first occupancy of either the car wash or auto service building. e. That all necessary permits to store and sell flammable liquids shall be obtained from the Ventura County Fire Department and The Ventura County Environmental Health Department. f. That no advertising shall be installed on the gasoline pumps except that related to gasoline sales . 4 . A revised Landscape Plan shall be submitted and be subject to approval by the Director of Community Development. 5 . A noise attenuation block wall of a minimum of 8 feet be constructed along the property line adjacent to the church as approved by the Director of Community Development. 6 . Gasoline sales to be conducted only in conjunction with the washing of a persons vehicle, i .e. , only those receiving car washes can purchase gas . AT THIS POINT in the meeting Mayor Lawrason declared a recess to allow the applicant to review the conditions stated above. The time was 8 : 10 p.m. The Council reconvened at 8 : 35 p.m. Councilmember Montgomery said he had the following changes to the above listed conditions: No. 3a was amended to read "That no delivery of any kind may be made between the hours of 10 : 00 p.m. and 6 :00 a.m. " No. 5 was clarified that the wall is not eight foot for its whole length but only until the most westerly offset; the wall to be 6 foot from that point forward. The Director of Community Development to work out the exact specifics with the applicant. Conditions clarified that the limitation on Sunday hours of operation would be in effect only as long • DRAFT /6 as the adjacent property is a church. A future minor modification would be the vehicle for a request to change the hours of operation in this circumstance. A new condition 7 was added: 7 . The applicant to be required to reimburse the City for all costs incurred as a result of the tree removal and any deficiencies in the planning costs for processing. These conditions to be formally adopted by the processing of a minor modification for the project. Mr. Liston stated that he accepted all the conditions as presented. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to process the minor modification consistent with the conditions as presented, amended, and as agreed to by the applicant. The motion carried by voice vote 4-0, Councilmember Perez absent. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded the motion to lift the stop work order upon the filing of a minor modification application; which application could be filed by the applicant tomorrow. The motion carried by voice vote 4-0 , Councilmember Perez absent.