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HomeMy WebLinkAboutAGENDA REPORT 1990 1205 CC REG ITEM 11G 742./OO( ) i Er MOORPARK ITEM d BERNARDO M. PEREZ MC7=2A,M CAUFORMA ,o�►"�o STEVEN KUENY Mayor c p Council Meeting o�`ii City Manager SCOTT MONTGOMERY �, y S 1� F ��, CHERYL J. KANE Mayor Pro Tern _--- l2 ��•, �.+ City Attorney / •�i; VA PATRICKRICHARDS,A.I.C.P. ELOISE BROWN < TiON:G�c//�^C�,G�[�`Sp�� Councilmember —_,�/ A �-� m Director of CLINT HARPER, Ph.D. ill- /L L f 4 '691-1 /7 Community Development Councilmember , 'o �— / • R. DENNIS DELZEIT PAUL W. LAWRASON,Jr. 6 C�" /� afiLa4 ( / / f C, City Engineer Councilmember JOHN V. GILLESPIE LILLIAN KELLERMAN MEMORAND ',ffco , Chief of Police City Clerk RICHARD T. HARE City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: November 14, 1990 (CC meeting of December 5, 1990) SUBJECT: RECONSIDERATION OF PD-1048 (Colin Valesquez) ***************************************************************** Background The proposed project was the development of a two story, 9325 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 designates this site for commercial use. The project was originally approved in December of 1985 with the adoption of Resolution No. PC 85-72 . This resolution granted two (2) years for the developer to begin the use. A request for a time extension was granted by the Planning Commission in January of 1989 for an additional year. This entitlement permit expired in December, 1989 . Anew application was filed in March of 1990 and was later withdrawn by Mr. Valesquez . Reconsideration of this project was heard at the City Council meeting of October 3, 1990. By consensus of the Council, this matter was to be returned at a future agenda after determination by the City Attorney as to the procedure for renewal of the project application. On October 22, 1990, the Director of Community Development received a letter from the City Attorney regarding this matter. The City Attorney indicates that this permit does not qualify for a continuance. Therefore, the permit is subject to the regular process as outlined in Section 8163-4 .4 . 1, et seq. , which requires that "all discretionary application requests shall be decided after an administrative or public hearing has been held on the subject case as required by this chapter. " 1 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 In addition, short of amending Section 8163-4 . 1.4, the City must follow the regular process, because a governmental body may not waive the requirements of an ordinance enacted for the public benefit (Strong v. County of Santa Cruz {19751 . On November 7, 1990, the City Council determined that the applicant would need to refile an application for the proposed project. The City Council requested staff to determine what would be required of the applicant for submittal, how the subsequent project review could be streamlined, and what type of conditions in addition to the original conditions of approval for Planned Development Permit No. 1048 would be imposed on the project? Discussion In as much as the applicant refiled an application in March of 1990 for approval of the same permit and required material were submitted at that time, the only additional necessary items needed for a new application would be the processing forms, a traffic study and a financial deposit to cover staff costs. The City Engineer has reviewed this project in terms of a need for a traffic study and has indicated to staff that a minimal traffic report could be completed in memo form by the City Engineer for between $1,000-$1,500 . The traffic analysis would consist of the following: 1. Project description and a location map 2 . Steps taken for determining trip generation and traffic distribution 3 . Exhibit showing the existing traffic volumes and another exhibit showing project traffic volumes at for the following intersections: o Moorpark Avenue at High Street o Moorpark Avenue at Poindexter Avenue o Moorpark Avenue at Los Angeles Avenue o High Street at Spring Road 4 . For a cumulative analysis the project can piggyback on the volumes for the year 2010 that was done for Tentative Tract 4620 (JBH) The City Council after review of the scope of the traffic study may determine that the requested scope be modified. It is staff's opinion that the proposed project will incrementally increase traffic, thus at least a minimal study should be required. 2 Conditions identified in the traffic study to mitigate traffic issues would be used as mitigating conditions of approval for the project. These mitigating conditions would be addressed in a Mitigated Negative Declaration and as such incorporated into a Mitigating Monitoring Program for the project. The proposed project does not meet current parking standard requirements in terms of the required number of parking spaces for the size building or the required minimum required size of parking spaces . Thus it would be necessary for the applicant to apply for and obtain a variance from these requirements . It is not necessary to send the project out to other review agencies, since agency comments were received not only for the originally approved permit and the applicant's submittal for a Planned Development in March, 1990 . Most of the conditions of approval for PD-1048 could be used with the addition of a few others such as a contribution to the Arts in Public Places Fund, Parks Contribution and perhaps additional traffic mitigation conditions (if appropriate) and other miscellaneous standard conditions that are generally required of all commercial projects within the City. Recommendation 1. That the City Council give staff direction as to the scope of work for a traffic study to be completed for this project. 2 . That staff be directed to process this project in a manner by which a decision by the Planning Commission may be made no later than ninety (90) days from the date an application is deemed complete by the City. 3