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Home My WebLink AboutAGENDA REPORT 2008 1119 CC REG ITEM 10J City Council Meetin ACTl0N . MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: David A. Bobardt, Planning Director Prepared by Joseph Fiss, Principal Planner DATE: November 12, 2008 (CC Meeting of 11/19/2008) SUBJECT: Consider Acceptance of an Irrevocable Offer of Dedication at 686 and 690 Walnut Street (Richard Leyner) BACKGROUND/DISCUSSION On October 11 , 2007, the Planning Director approved Administrative Permit No. 2007- 07, to permit improvements to the site, fagades, and parking areas of two buildings located on one lot at 686 and 690 Walnut Street, on the application of Richard Leyner. The applicant is currently seeking City Council approval of a proposed Irrevocable Offer of Dedication of an ingress/egress access, drainage and parking easement in favor of the City to satisfy Condition No. 5 of Administrative Permit No. 2007-07. The proposed easement is a 19 1/2 foot wide strip on the east side of the property, extending for a length of 75 feet from the Charles Street property line on the north, to the southern property line, for a total of 1462.5 square feet. While not needed at the current time, the easement may be useful in the future if the property to the south of the project site is redeveloped. If accepted, the proposed easement would be fully assignable by the City to the property owner to the south of this property. The form of the Irrevocable Offer of Dedication and other required pertinent documents required to satisfy the condition of approval have been reviewed and approved to the satisfaction of the Planning Director, City Engineer and the City Attorney. The offer of dedication of this easement must be notarized and sent to the County for recordation upon direction by the City Council. All other project conditions have been satisfied. FISCAL IMPACT None. Honorable City Council November 12, 2008 Page 2 STAFF RECOMMENDATION Direct staff to accept and record the irrevocable offer of dedication. ATTACHMENTS 1. Location Map 2. Proposed Irrevocable Offer of Dedication 686 and 690 Walnut Avenue 3. Administrative Permit No. 2007-07 Approval Letter \\mor_pri_sery\City Share\Community Development\DEV PMTS\ADMIN PMTS\2007\07 686&690 Walnut Street(Leyner)\cc agenda report irrevoc offer of dedication.doc 0,q 7 1. I I TSite �l 93021 I1 Moirpark 5 c m i -E-High-St .Caa-yApprwF�,.TQIQfi s.UIq12I Map P-3days N Location Map 686 and 690 Walnut Avenue CC ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED MAILED TO: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attention: City Clerk EXEMPT FROM RECORDERS FEES Pursuant to Government Code Sections 6103 and 27383 SPACE ABOVE THIS LINE FOR RECORDERS USE IRREVOCABLE OFFER OF DEDICATION (Government Code 7050; Civil Code 1009(c)) 690 WALNUT LLC, owners of real property located in the City of Moorpark, County of Ventura, State of California, described on Exhibit A attached hereto and incorporated herein by reference hereby makes an irrevocable offer of dedication of an easement over the property identified on Exhibit A, for public access, ingress and all uses appurtenant thereto to the City of Moorpark. The City of Moorpark shall incur no liability with respect to this offer of dedication and shall not assume any responsibility for the offered property or any improvements to the property until this offer has been accepted by appropriate action of the City Council of the City of Moorpark. If accepted by the City of Moorpark, this easement shall be fully assignable to the owner of the property described on Exhibit B, attached hereto and incorporated herein by reference, as an easement appurtenant for access, ingress and egress purposes and all uses appurtenant thereto. Provided, however, that prior to any use of the easement,the City or its assignee, shall be responsible for the costs associated with removal and replacement of any parking spaces, driveway apron, curb or other physical improvements necessitated by use of the Easement. The provisions of this offer shall inure to the benefit of and be binding upon the heirs, successors, assigns and personal representatives of the respective parties to the offer. IN WITNESS WHEREOF, the undersigned has executed this Offer of Dedication on this 3 i th day of J w 6 `/ , 2008,to be effective upon its recordation in the Official Records of Ventura County, California. 0 WAL UT LLC By: J Richard Leyner, Manager CC ATTACHMENT 2 400173 EXHIBIT I.,Id'G L DESCRIP`I'[ON THE EAST 1.9.50 FI~ET'CAF THE NORTH ONE-IJA.LF OF 1,01' 10, I3I,(')('K "D* N,'L ,. NVICKS SUBDIVISION OF DART CAF TRACT "I.,' NN,, D ADDI'HON T MOORPARK IN THE RANCHO SI.\41, CITY OF.MOORPARR,, COUNTY OF VF'NTT_jRA, STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 55 PAGE 7. MISCELLANEOUS RF:C ORDS (MAPS), III THE OFFICE OF THE COUNTY RECORDF,R OIL SAID COUNTY, CONTAINING 1,462.5 SQUARE, FE.I T MORE OR LESS. 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No correspondence or contact in opposition to your request was received. The Community Development Director has reached a decision on this matter. Approval of Application The Community Development Director has determined that the proposal meets the findings required by Title 17, Chapter 17.44 of the Municipal Code. Based upon a review of the proposed project, the requirements of the Zoning Ordinance, and any input from the noticed office hearing, this request for an Administrative Permit is hereby APPROVED subject to the following conditions: 1. The development shall be in substantial conformance with the plans presented in conjunction with the application for Administrative Permit No. 2007-07, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 2. All necessary permits shall be obtained from the Building and Safety Division and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 3. All design, setbacks, and height requirements must be in accordance to the Zoning Code and the Downtown Specific Plan. CC ATTACHMENT 3 PATRICK HUNTER KEITH F.MILLHOUSE ROSEANN MIKOS JANICE PARVIN MARK VAN DAM Mayor Mayor Pro Tern Councilmember Councilmember Councilmember 690 Walnut LLC c/o Richard Leyner October 11, 2007 Page 2 4. The parking spaces at the rear of 686 Walnut Street do not meet Zoning requirements as they require unreasonable maneuvering. They need to be eliminated from the plan and replaced with landscaping (including hardscape) and irrigation. A landscaping and irrigation plan for this area must be submitted to the satisfaction of the Planning Director prior to the issuance of any building permits. 5. Prior to issuance of an occupancy permit, the Applicant shall provide an Irrevocable Offer of Dedication to the City of.an easement for the purpose of providing ingress/egress access, drainage and parking to the adjacent property to the south. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. If accepted by the City of Moorpark, this easement may be fully assignable to the property owner to the west of this property, as an easement appurtenant for parking, ingress/egress access purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required pertinent documents required to satisfy the above requirements shall be to the satisfaction of the Community Development Director, City Engineer and the City Attorney. 6. The parking area must be redesigned to allow for the two (2) parallel parking spaces at the rear of 690 Walnut Street. Accessible parking is required to the satisfaction of the City of Moorpark Building Official to meet local, state, and federal requirements. 7. A fully enclosed trash and recycling enclosure must be provided at the southeast corner of the site, with the exact location and design to the satisfaction of the Planning Director. 8. A landscape and irrigation plan for the parkways on Walnut Street and Charles Street must be submitted to the satisfaction of the Planning Director prior to the issuance of any building permit. Landscaping must be installed prior to occupancy of either of the two buildings. 9. Decorative fencing is required, including a wrought iron or tubular steel fence and gate at the Charles Street driveway and a fence separating the landscaped area from the parking area. 10. The exact colors and material details must be reviewed and approved by the Planning Director prior to the issuance of any building permits. \\mor_pri_serv\City Share\Community Development\DEV PMTS\ADMIN PMTS\2007\07 686&690 Walnut Street (Leyner)\Correspondence\approval letter.doc 690 Walnut LLC c/o Richard Leyner October 11, 2007 Page 3 11. The windows must not extend to floor or ground level; the brick wainscoting and ledge needs to continue across this area. The exact design details of the base of the building must be reviewed and approved by the Planning Director prior to the issuance of any building permits. 12. The storefront doors must be designed so as not to open over the public right-of- way. A decorative entry treatment must be provided. 13. Roof-mounted HVAC and mechanical equipment is prohibited. The approved Administrative Permit 2007-07 becomes effective ten (10) days from the date of this letter, unless an appeal is filed in writing. The Administrative Permit No. 2007-07 approval will expire one (1) year from the effective date, if construction with a valid Building Permit has not commenced within that time. Please contact Joseph Fiss, at (805) 517-6226 if you have any further questions. Sincerely, / oAt , I DavidA. Bobardt Planning Director C: Honorable City Council Honorable Planning Commission Steven Kueny, City Manager Barry K. Hogan, Deputy City Manager Building and Safety Division Case File Chron \\mor_pri_sery\City Share\Community Development\DEV PMTS\ADMIN PMTS\2007\07 686&690 Walnut Street (Ley n e r)\Co rres pon de nce\a pprova I letter.doe