HomeMy WebLinkAboutAGENDA REPORT 1990 1003 CC REG ITEM 11F I a (cc!30j 1 � e
MOORPARK ITEM
BERNARDO M. PEREZ anti' STEVEN KUENY
Mayor 00 ��o City Manager
SCOTT MONTGOMERY 4
4 > CHERYL J. KANE
Mayor Pro Tem .v.DORPARK, CALIFORN •h*l1•. City Attorney
ELOISE BROWN City Council Meeting r:��1��a PATRICK RICHARDS,A.I.C.P.
Councilmember o • Director of
CLINT HARPER, Ph.D. of 7073 'o� Community Development
Councilmember 9' &� R. DENNIS DELZEIT
ACTION. - Iq City Engineer
PAUL o LAWRASON,rJr. //� / U� /• -,� .
Councilmember ,1la/. . . . .ii/. . ' (,�(.(/(� JOHN V.GILLESPIE
LILLIAN KELLERMAN / Chief of Police
City Clerk l�i L RICHARD T. HARE
• W City Treasurer
MEMORANDUM
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: September 27, 1990 (cc meeting 10/3/90)
SUBJECT: Reconsideration of PD-1048 (Colin Velasquez)
Background
The proposed project was the development of a two story, 9 , 325 sq.
ft. commercial retail center at the northwest corner of High Street
and Moorpark Avenue. The subject site is 15,000 sq. ft. in area.
The City's Zone Map and General Plan show this site as Commercial.
This project was originally approved in December of 1985 with the
adoption of Resolution No. PC 85-72 . This resolution granted two
( 2) years to begin the use. A request for an extension of time was
granted by the Planning Commission in January of 1988 for one year
and again in January of 1989 for an additional year. This
entitlement permit expired in December of 1989. A new application
was filed in March of 1990 and was later withdrawn by Mr.
Velasquez.
Discussion
The original project was approved with a reduction of required on-
site parking spaces. The applicant was required to participate in
a future "Parking in Lieu" fee program for six (6) spaces, and to
provide six (6) additional off-site parking spaces on a temporary
basis. The applicant also received a 25 percent reduction in
parking standards at the time of approval .
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
The Honorable City Council
September 27 , 1990 (cc meeting 10/3/90)
Page 2
Staff has provided a copy of Resolution No. PC 85-73 for Council's
consideration. Please note that a lot of what we request as
conditions from current Commercial projects is not included.
Staff Recommendation
Direct Staff as deemed appropriate.
Attachment: Resolution No. PC 85-73
PJR26SEPT9
RESOLUTION NO. PC-85-73
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA APPROVING PLANNED
DEVELOPMENT PERMIT NO. PD-1048 ON APPLICATION OF
COLIN & VICTORIA VELASQUEZ. ASSESSORS PARCEL NO.
511-050-110 .
WHEREAS, at duly notice public hearing on November 14,
1985; November 20, 1985, the Moorpark Planning Commission considered
the application filed by Colin & Victoria Velasquez requesting approval
to construct a 9, 325 square foot commercial retail center. Located on
the northwest corner of High Street and Moorpark Avenue.
WHEREAS, the Planning Commission, after review and consid-
eration of the information contained in the Mitigated Negative Declar-
ation, has found that this project will not have a significant effect
on the environment; and has reached its decision in the matter;
NOW, THEREFORE, THAT THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOW:
SECTION 1. That the findings contained in the staff report
dated November 14, 1985 (revised November 21, 1985) , which report is
incorporated by reference as though fully set forth herein are hereby
approved;
SECTION 2. That at its meeting of November 20, 1985, the
Planning Commission took action to direct staff to prepare a Resolution
with attached staff recommended conditions, as modified, recommending
approval of Planned Development Permit No. PD-1048; said Resolution
to be presented for consent Calendar action at the next regularly
scheduled meeting. The action with the foregoing direction was approved
by the following roll call vote;
AYES: Commissioners Claffey, Holland, Keenan, LaPerch;
NOES: Commissioner Hartley;
ABSTAIN: None;
ABSENT: None:
PASSED, APPROVED AND ADOPTED this 11 of December, 1985.
ATTEST:
/ / :3-4L‹
Acting Sec etary hair an
APPLICANT: Colin & Victoria Velasques
CONDITIONS FOR: Planned Development Permit No. PD-1048
Revised: November 21 , 1985
PLANNING DEPARTMENT CONDITIONS Condition No. 1 to include the
following:
includes a 25% reduction to the required parking standards , in
addition developer required to provide 6 off-street parking)
Developer shall execute a convenant running with the land agreeing
not to protest or contest any assessment district, parking district
or any other financing technique which may be utilized to finance
parking facilities in the downtown area of Moorpark and which
would be of benefit to the project. Such benefit shall be at
least 6 spaces and such additional spaces as may be required
by change in occupancy.
CITY ENGINEER CONDITIONS Condition No. 29 to include the following:
5. Developer shall be required to construct the above mentioned
improvements within two (2) years of occupancy per one
of the following options:
a. Developer shall be responsible for the costs of all improve-
ments.
b. Developer shall participate in an assessment district for
High Street Improvements if said district is formed within
the two (2) year period.
c. Developer shall be required to contribute 50% of the cost
of the improvements fronting the property along Moorpark
Avenue. This 50% match would cover the City' s portion of
the cost of improvements fronting the property.
Adopted 12/11/85 by Resolution No . PC-85-73
APPLICANT: Colin & Victoria Velasquez
CONDITIONS FOR: Planned Development Permit No. PD-1048
PLANNING DEPARTMENT CONDITIONS
1. That the permit is granted for the land and project as shown
on the plot plans and elevations labeled Exhibits "3" and "4"
except or unless indicated otherwise herein.
Developer shall execute a covenant running with the land agreeing
not to protest or contest any assessment district, parking district
or any other financing technique which may be utilized to finance
parking facilities in the downtown area of Moorpark and which
would be of benefit to the project. Such benefit shall be at
least 6 spaces and such additional spaces as may br required
by change in occupancy.
Indludes a 25% reduction to the required parking standards ,
in addition developer required to provide 6 off-street parking.
A minimum of 6 off-street parking spaces at 61 West High Street,
such property to be improved subject to approval by the City
Engineer with a document guaranteeing the use of the subject
property for parking, unless modified by approval of the City,
shall be recorded with the County Recorder with evidence of
such recordation submitted to the Community Development Depart-
ment. The satisfactory completion of the requirements of this
condition shall alleviate the applicant of the requirement to
participate in an assessment district.
2 . That the development is subject to all applicable regula-
tions of the "C-2" zone and all agencies of the State , Ven-
tura County , the City of Moorpark and any other governmental
entities .
3 , mat unless the use is inaugurated not later than two years
after the date this permit is granted , this permit shall
automatically expire on that date . The Planning Director
may , at his discretion , grant one additional one year exten-
sion for use inauguration if there have been no changes in
the adjacent areas , and if permittee has diligently worked
toward inauguration of use during the initial two year
period .
4. That any minor changes may be approved by the Planning
Director upon the filing of a, Minor Modification applica-
tion , but any major changes will require the filing of a
Major Modification application to be considered by the City
Council .
5 . That all facilities and uses other than those specifically
requested in the application are prohibited unless a modifi-
cation application has been approved by the Planning
Director .
APPLICANT: Colin & Victoria Velasquez
CONDITIONS FOR: Planned Development Permit No. PD-1048
PLANNING DEPARTMENT CONDTIONS
6 . That the design , maintenance , and operation of the permit
area and facilities thereon shall comply with all applicable
requirements and enactments of Federal , State , and County
and City authorities , and all such requirements and enact -
ments shall , by reference , become conditions of this permit .
7 . That if any of the conditions or limitations of this Con-
ditional Use Permit are held to be invalid , that holding
shall not invalidate any of the remaining conditions or
limitations set forth .
8 . That prior to the issuance of a zone clearance, a landscaping
and planting plan (3 sets) , together with specifications and
maintenance program, prepared by a State Licensed Landscape
Architect, generally in accordance with County Guidelines for
Landscape Plan Check or such other guidelines to be submitted
to the Director of Community Development and 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 use of
this permit.
9. That prior to construction of each building, a Zoning Clearance
shall be obtained from the Planning Department and a Building
Permit shall be obtained from the Building and Safety Division.
A separate Zoning Clearance shall be obtained prior to occupancy
of individual lease units within the shopping center.
10. / 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
i indicated by the City inspector , within two weeks after
notification .
11. 1?
That the final design of front , side and rear building ele -
vations of each building , and signs , walls , fences , and
light standards , including materials and colors , is subject
to the approval of the Planning Commission .
12. '• 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 screen -
ing or fencing . Said screening material shell be of similar
material used in the construction of the parent building .
13 . Roof design and construction shall include a minimum 18"
extension of the parapet wall above the highest point of
the roof.
APPLICANT: Colin & Victoria Velasquez
CONDITIONS FOR: Planned Development Permit No. PD-1048
PLANNING DEPARTMENT CONDITIONS
14 . That trash disposal areas shall be provided in locations
which will not interefere 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 Planning
Commission _
15 . That all utilities shall be placed underground , except
through transmission utilities .
16. 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 _
17 . That all required yards , fences , parking areas , storage
areas , operations yards , and other uses on the site shall be
improved as required by these regulations and shall at all
times be maintained in a neat and orderly manner appropriate
for the "C-2" zone .
18'. That no use for which this permit is granted shall be com-
menced until a Certificate of Occupancy has been issued by
the Building and Safety Division . In addition , no Certifi-
cate of Occupancy may be issued until all onsite improve-
ments specified in this permit have been completed , or until
permittee has entered into an agreement with the City to
complete all onsite improvements specified in this permit
and has posted a Faithful Performance Bond or other form of
financial security to guarantee the agreement ; said onsite
improvements shall be completed within 120 days of issuance
of the Certificate of Occupancy . In case of failure to com-
ply with any term or provision of this agreement , the City
Council may by resolution declare the surety forfeited .
Upon completion of the required improvements to the satis-
• faction of the Planning Director , the surety may be exon-
erated by action of the Planning Director .
19 ; That signs are subject to the Moorpark Zoning Ordinance ,
Article 24 , a sign permit is required .
20 . That no later than ten ( 10 ) days after any change of prop-
erty ownership or of lessee(s ) or operator (s ) of the subject
use , there shall he filed with the Planning Director the
name(s ) and address (es ) of the new owner (s ) , lessee (s ) , or
operator (s ) , together with a letter from any such person (s ) ,
acknowledging and agreeing to comply with all conditions of
this permit .
APPLICANT: Colin & Victoria Velasquez
CONDITIONS FOR: Planned Development Permit No. PD-1048
PLANNING DEPARTMENT CONDITIONS
21. That if , in the future , any use or uses are contemplated on
the site differing from that specified in the permit , either
the permittee , owner , or each prospective tenant shall file
a project description prior to the execution of the new
lease agreement or the initiation of the use . A review by
the Planning Director will be conducted to determine if the
proposed use is compatible with the zone and the terms
and conditions of this permit . Said review will be con-
ducted at no charge and an approval letter sent unless a
minor or major modification is required , in which case all
applicable fees and procedures shall apply .
22. That the permittee agrees as a condition of issuance (or
renewal ) and use of this permit to defend , at `his sole ex-
pense , any action brought against the City because of issu-
ance (or renewal ) of this permit or , in the alternative , to
relinquish this permit . Permittee will reimburse the City
for any court costs and/or attorney 's fees which the City
may be required by a court to pay as a result of any such
action . The City may , at its sole discretion , participate
in the defense of any such action , but such participation
shall not relieve permittee of his obligations under this
condition .
23. That permittee 's acceptance of this permit and/or commence-
ment of construction and/or operations under this permit
shall be deemed to be acceptance by permittee of all condi-
tinne nF thic nnrmit -
-24. That prior to issuance of a Zoning Clearance , the applicant
on behalf of himself and his successors and assigns , agrees
not to protest or otherwise contest the formation of any
assessment district or method of assessment applicable to
the development which may be established by the City of
Moorpark for the purpose of maintaining landscaping and im-
provements within the rights-of-way of Los Angeles Avenue
and/or Moorpark Avenue .
25• Hours of operation for loading zone limited to off-hours
(before 8 : 00 a.m. , after 5 : 00 p.m. , Monday thru Friday) .
APPLICANT: Colin & Victoria Velasquez
CONDITIONS FOR: Planned Development Permit No. PD-1048
CITY ENGINEER CONDITIONS:
26. That prior to issuance of zone clearance permit, the developer
shall submit to the City of Moorpark for review and approval,
a grading plan prepared by a Registered Civil Engineer;
shall obtain a Grading Permit; and shall post sufficient
surety guaranteeing completion.
27. That prior to issuance of a zone clearance permit, the developer
shall submit to the city of Moorpark for review and approval , a
detailed Geotechnical Report prepared by a Registered Civil
Engineer. The grading plan shall incorporate the recommendations
of the approved Geotechnical Report.
28, That prior to issuance of a zone clearance permit, the developer
- shall submit to the City of Moorpark for review and approval
street improvement plans prepared by a Registered Civil
Engineer; shall enter into an agreement and shall post sufficient
surety guaranteeing the construction of the improvements.
29. The improvements shall include concrete curb and gutter,
sidewalk, streetlights, striping and signing, and paving in
accordance with the Ventura County Road Standards. The
applicable Road Standard Plates are as follows :
Improvements to Moorpark Avenue shall be as follows:
A. Removal of existing curb, gutter, sidewalk and storm drain
inlet.
B. Street cross-section per Ventura County Standard Plate
B-3D modified to show a 10 foot sidewalk (replacing the
5 foot sidewalk and 5 foot parkway) .
C. Relocation of storm drain inlet to align with new curb
and gutter.
D. Necessary paveout per Ventura County Standards, to provide
total of 20 feet of paving (as shown in Plate B-3D) west
of the centerline of Moorpark Avenue.
E. Developer shall be required to construct the above mentioned
improvements within two (2) years of occupancy per one
of the following options:
1. Developer shall be responsible for the costs of all
improvements.
2. Developer shall participate in an assessment district
tor Moorpark Avenue Improvements if said district is formed
within the two (2) year period.
Condition No. 29.E.2 corrected 3/18/86
by: , /
APPLICANT: Colin & Victoria Velasquez
CONDITIONS FOR: Planned Development Permit No. PD-1048
CITY ENGINEER CONDITIONS:
29. continued.
F. As an alternative to E. , above, within 30 days of Planning
Commission approval, developer may request in writing of
City to participate in the SB821 funded improvement project
for Moorpark Avenue consistent with funds being available.
City Council to make decision as to permitting participation
and amount of SB821 funds available for improvements to
Moorpark Avenue. Developer shall be responsible for payment
to City for preparation of necessary improvement plans
as part of total cost of his participation in the SB821
program. Developer portion of funds for said participation
to be deposited with City prior to City' s authorization
for any change in scope of work for SB821 project.
Improvements to High Street shall include the following:
A. A 5 foot sidewalk with curb and gutter per Ventura County
Standards Plates E-5 revision D, and E-4 revision C,
(type A-2) , respectively.
B. Removal of existing pavement and curb necessary to construct
the sidewalk, curb and gutter.
C. Necessary paveout, with all structural sections per
Ventura County Standards, to provide a total of 27 feet
of pavement.
D. "NO PARKING AT ANY TIME" sings be erected on both the
north and south sides of the street adjacent to the property.
APPLICANT: Colin & Victoria Velasquez
CONDITIONS FOR: Planned Development Permit No. PD-1048
CITY ENGINEER CONDITIONS:
30. That prior to any work being conducted within the State or City
right of way, the developer shall obtain an Encroachment Permit
from the appropriate Agency.
31 That the developer shall dedicate to the city of Moorpark the
access rights adjacent to Moorpark Avenue and High Street along
the entire frontage of the parent parcel except for approved
access road (s) as delineated on the site plan.
32 . That prior to issuance of a zone clearance permit, the developer
shall deposit with the City of Moorpark a contribution for the
Los Angeles Avenue Improvement Area of Contribution
The actual deposit shall be the then current Los Angeles Avenue
Improvement Area of Contribution applicable rate at the time the
Building Permit is issued.
33. That prior to issuance of a zone clearance permit, the
developer shall indicate in writing to the City of Moorpark,
the disposition of any water well (s) and any other water
wells that may exist within the site . If any wells are
proposed to be abandoned, or if they are abandoned and have
not been properly sealed, they must be destroyed per Ventura
1 County Ordinance No. 2372 .
34. That prior to issuance of a zone clearance, the developer
shall submit to the City of Moorpark for review and approval,
drainage plans, hydrologic , and hydraulic calculations prepared
by a Registered Civil Engineer; shall enter into an agreement
with the City of Moorpark to complete the improvement and
shall post sufficient surety guaranteeing the construction
of the improvements . The drainage plans and calculations
shall indicate the following conditions before and after
development:
Quantities of water, water flow rates, major water courses,
drainage areas and patterns , diversions, collection systems,
flood hazard areas, sumps and drainage courses.
35. Developer shall pay all energy costs associated with street
lighting for a period of one year from the initial energizing
of the street lights .
APPLICANT: Colin & Victoria Velasquez
CONDITIONS FOR: Planned Development Permit No. PD-l048
VENTURA COUNTY SHERIFF' s DEPARTMENT CONDITIONS
Construction Site Security:
36. A licensed security guard is recommended during the construction
phase, or
37 . A 6 ' high chainlink fence will be erected around the construction
site .
38 . Construction equipment, tools , etc. , will be properly secured
during non-working hours .
39 . If an alarm system is used, it should be wired to all exterior
doors and windows and to any roof vents or other roof openings
where access may be made .
40 . All appliances (microwave ovens , dishwashers , trash compactors
etc. ) will be properly secured prior to installation during
non-working hours. All serial numbers will be recorded for
identification purposes .
Al. Alarm system will be required.
Lighting:
42 . Parking lots will be well lighted with a minimum maintained
one-foot candle of light at ground level .
43 . Lighting devices will be protected against the elements
and constructed of vandal resistant materials .
44. Lighting devices shall be high enough as to eliminate anyone
on the ground from tampering with them. That all parking
areas shall be provided with a lighting system capable of
illuminating the paring surface with a minimum of one-foot
candle of light and shall be designed to minimize the spill-
age of light onto adjacent properties . All exterior lighting
devices shall be protected by weather and breakage resistant
covers .
45. Lighting plans showing type and location of all lighting
devices will be submitted to the Sheriff ' s Department for
review and approval .
Landscaping :
46 . Landscaping shall not cover any exterior door or window.
47. Landscaping at entrances/exits or at any intersection within
the parking lot will not block or screen the view of a seated
driver from another moving vehicle or pedestrian .
48. Landscaping (trees) shall not be placed directly under any
overhead lighting which could cause?: a loss of light at ground
level .
APPLICANT: Colin & Victoria Velasquez
CONDITIONS FOR: Planned Development Permit No. P0-1048
VENTURA COUNTY SHERIFF DEPARTMENT CONDITIONS: (cont. )
49. Landscaping plans shall be submitted to the Sheriff ' s Department
for review and approval.
Building Access and Visibility:
50. Address shall be clearly visible to approaching emergency
vehicles and mounted against a contrasting color.
51. Address numbers will be minimum of 6" in height and illuminated
during the hours of darkness.
52 . Front door entrances will be visible from the street .
On/Off Street Parking:
53. All entrances/exit driveways will be a minimum of 30 feet
in width with radius curb returns .
54 . That a street width of shall be provided. Whichever applys
to High Street west of Moorpark Avenue north of High Street.
Building Design:
55 . All exterior doors will be constructed of solid wood core
minimum of 1-3/4" thick or of metal construction or of glass
if the door is visible from the street or or alarmed.
56. There will not be any easy exterior access to the roof area, i.e.
ladders, trees , high walls, etc. .
57. All exterior sliding glass doors or windows will be equipped
with metal guide tracks at the top and bottom and be constructed
so that the window cannot be lifted from the tract when in the
closed or locked position.
APPLICANT: Colin & Victoria Velasquez
CONDITIONS FOR: Planned Development Permit No. PD-1048
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS :
58 . That prior to construction, the applicant shall submit plans
to the Ventura County Bureau of Fire Prevention for approval
of the location of fire hydrants . Show existing hydrants
on plans within 300 feet of the development.
59 . That fire hydrants shall be installed and in service prior
to combustible construction and shall conform to the minimum
standards of the Ventura County Water Works Manual .
a . Each hydrant shall be a 6 inch wet barrel design and
shall have one 4 inch and two 2 inch outlet (s) .
b. The required fire flow shall be achieved at no less
than 20 psi residual pressure .
c . Fire hydrants shall be spaced 300 feet on center , and
so located that no structure will be farther than 150
feet from any one hydrant .
d . Fire hydrants shall be recessed in from curb face 24
inches at center .
X60 . That the minimum fire flow required is determined by the
type of building construction , proximity to other structures ,
fire walls , and fire protection devices provided, as specified
by the I . S . O. Guide for Determining Required Fire Flow.
Given the present plans and information , the required fire
flow is approximately _1500 gallons per minute . The applicant
shall verify that the water purveyor can provide the required
quantity at the project.
61. That a minimum individual hydrant flow of 1250 gallons per
minute shall be provided at this location .
62 . That all grass or brush exposing any structures shall be
cleared for a distance of 100 feet prior to framing, according
to the Ventura County Weed Abatement Ordinance .
63 . That address numbers , a minimum of 6 inches high, shall
be installed prior to occupancy, shall be of contrasting
color to the background; and shall be readily visible at night.
Where structures are setback more than 250 feet from the street,
larger numbers will be required so that they are distinguishable
from the street. In the event a structure (s) is not visible
from the street, the address number (s) shall be posted adjacent
to the driveway entrance.
64 . That building plans of public assembly areas , which have an
occupant load of 50 or more , shall be submitted to the Ventura
County of Fire Prevention for review.
APPLICANT: Colin & Victoria Velasquez
CONDITIONS FOR: Planned Development Permit No. PD-1048
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS:
60 . That fire extinguishers shall be installed in accordance with
national Fire Protection Association. Pamphlet #10 . The place-
ment of extinguishers shall be reviewed by the Fire Prevention
Bureau.
61. That if any building (s) are to be protected by an automatic
sprinkler system, plans shall be submitted, with payment for
plan check, to the Ventura County Bureau of Fire Prevention
for review.
62 . That plans for the installation of an automatic fire extinguishing
system (such as, halon or dry chemical) shall be submitted to
the Ventura County Bureau of Fire Prevention for review to insure
proper installation.
63. ; That any structure greater than 5, 000 square feet in area and/or
I5 miles from a fire station shall be provided with an automatic
fire sprinkler system in accordance with Ventura County Ordiance