HomeMy WebLinkAboutAGENDA REPORT 1995 1115 CC REG ITEM 11ETo:
From:
Date:
AGENDA REPORT
City of Moorpark
The Honorable City Council
-7 l�q�
L10ORPARK, CALIFC"
City Council Meet; Ij _
Of // _ /-,C 1996-
ACTION:
r
BYA
Jaime Aguilera, Director of Community Developmery'----,
Prepared by Craig Malin, Assistant Planner
October 26, 1995 ,(CC meeting 11/15/95)
Subject: Appeal No. 95 -4 (Simi Valley Bank) , appeal of Director of
Community Development's decision to require a Major
Modification to PD 769 for occupancy of an existing
vacant convenience market with a bank at 256 W. Los
Angeles Avenue.
Background
On March 29, 1974, the County of Ventura approved PD 769 for the
construction of a convenience market. This building was occupied by
the Circle K Corporation until January 31, 1995. Since that time
the building has been vacant. The original conditions of approval
held that the permit would expire 180 days after cessation of use
(Condition 5) and that the site must be returned to its original
condition (i.e. level vacant land) if occupancy ceased or the
permit expired (Condition 6). On August 2, 1995, Simi Valley Bank
filed Pre - Application No. 95 -8 to determine the requirements for
occupancy of the building.
Discussion
Although Simi Valley Bank was in communication with the City prior
to the end of the 180 day period subsequent to the closing of
Circle K, the Pre - Application was filed three days after the end of
the 180 day period (July 30, 1995) . At that time, Staff had decided
that a Minor Modification was the required permit for occupancy.
Further review of the information provided in the Pre - Application
regarding the use of a drive up window and access to Park Lane,
indicated that a Major Modification was the required permit.
Although the applicant later rescinded their request for access to
Park Lane, Staff continued to require a Major Modification due to
the expiration of the permit. An additional factor in the
requirment for a Major Modification is that the origninal permit
(Planned Development No. 769) contained a conditon of approval
limiting use to a convenience market only.
Recommendation
Direct Staff as Deemed Appropriate
Exhibits 1) Appeal 95 -4 Application
2) Conditions of approval for PD 769
3) Pre - application No. 95 -8
4) Letter from Simi Valley Bank
cc: AP 95 -4 File
OF MC)DRPAPJ� C,
- _ _ MOORPkRK AVENUE
XOOR .n%RR, CZLLIFOPUNTIk 5,3021
OUS /529 -6664
APPEAL FORM MUST BE Fl ED WITHIN 1$ Q;:YS OF THE DECISION
(E4fec:ive Jtne 41 1592)
20: X City council Daze. 10/23/95
Planning CO.:,m.ission
I hereby appeal the decision of the
which was given on 19 95
The decision was as follows: ny-Ai-f iced for �imi
Valley Bank to relocate to the abandoned Circle K located at 256.- Los Angeles
Ay-Mue.
The S ounds of appeal are: (at tack addimional sheets as Headed)
Simi Val le y Bank had inquired with the City within 180 days of Circle K leaving
his location and were advised that a minor modification would be required.
— Anal;rat ;; n was filed on the 182nd day and the Bank was then notified that
a major modification would be required. Since the application process had
started prior to the 180 days, it is felt the original information should be respected.
I reaUest that the appropriate decision making holy take the `oilowinc action:
Allow for a minor modification to remodel and relocate to the Circle K location.
[lame oz Appellant: Simi Valley Bank by Elaine L. Freeman
-kddzess Of Appellant: _ lA7ri Tnc Dnnclpg A�raniTO imi
\I_. a_l 1 e , CA. 93065
Telenrone Number of Appellant- , 805 494 -1336
is the appellant a park., in the appli_a-
gar.:
-.yes If not, state basis for .'_liinc
appea' as an "aggrieved person.,
Signature of Appellant: ° , ' '
t T2��1 Qti
gae.
CRl •01.1:- 92(9- 34ar,)C. \Wp51fF0i2HS \APPEAL
`' MJ0 3 EXHIBIT 1
Urban (a
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Ci:�
Strategies
October 18, 1995
2509 E. THOUSAND OAKS BLVD. • THOUSAND OAKS, CA 91362 • (805) 494 -1336
Mr. Paul Lawrason, Mayor
and Members of the City Council
City of Moorpark
799 S. Moorpark Avenue
Moorpark, CA 93021
Subject: Simi Valley Bank
Dear Mayor Lawrason and Members of the City Council:
Simi Valley Bank is desirous of relocating to the abandoned Circle K at 1475 Los Angeles Avenue. Simi
Valley Bank is acquiring a sub -lease from Circle K, who leases the site from Mr. Anderson.
Circle K ceased operations on January 31, 1995. Their permit continued on for 180 days after termination
of their operation. Simi Valley Bank's representative spoke with the Planning Department in July, within
the 180 time frame, and had picked up an application to file a minor modification. The application was filed
on August 2, after the 180 days. In August, the application requirement was changed to a major
modification with extensive requirements for offsite improvements.
A request has been made to Jim Aguilera that the, minor modification requirement be retained, since
discussions with the City Staff were established prior to the 180 days. Jim has found the major modification
permit be retained.
This letter is to appeal that decision. Your assistance would be greatly appreciated. Thank you for
consideration of this request.
cerely,
a reeman
r: 15
CONDITIONS FOR DP -769
PAGE: 1
APPLICANT: Circle K Corp.
PLANNING DEPARTMENT CONDITIONS
1. That this permit is granted for a convenience market as shown
on Exhibit "B ".
2. That this use shall be installed and maintained in accordance
with the requirements of the C -P -D Zone.
3. That the permit is granted for all of the buildings, fences,
signs, roadways, parking areas, landscaping and other features
which shall be located substantially as shown on the plot plans
labelled Exhibits "B" and "C ", except or unless indicated
otherwise herein.
4. That unless the use is inaugurated not later than one year after
the date the permit is granted, this permit shall automatically
expire on that date. The Planning Director may, in his discretion,
grant one additional six -month extension for use inauguration if
there have been no changes in the proposed plot plans, if there
have been no changes in the adjacent areas, and if permittee has
diligently worked toward inauguration of use during the initial
one year period.
5. That the permit shall expire when the use for which it is granted
is discontinued for a period of one hundred and eighty (180)
consecutive days or more.
6. That upon,expiration of this permit, or abandonment of the use,
the premises shall be restored by the permittee to the conditions
existing prior to the issuance of the permit as nearly as practicable.
7. That any minor changes may be approved by the Planning Director,
but any major changes will require the filing of a modification
application to be considered by the Planning Director.
8. That all requirements of any law or agency of the State, Ventura
County and any other governmental entity shall be met.
9. That prior to construction, a zone clearance shall be obtained from
the Planning Department and a building permit shall be obtained
from the Department of Building and Safety.
10. That no parking space shall be located within ten (10) feet of a
vehicular entrance to the property; that all areas shown as parking
areas shall be surfaced with asphaltic concrete and shall be
suitably marked, outlining individual parking spaces and traffic
flow. (Article 41).
11. That a landscaping and planting plan, together with specifications
and a maintenance program, shall be prepared by a State licensed
Landscape Architect. The main purpose of this landscaping will be
for aesthetics including in front of the east and west building
elevations.
00401,:1ls EXHIBIT 2
CONDITIONS FOR PD -769 APPLICANT: Circle K Corp.
PAGE: 2
12. That trees, as approved by the County Landscape Coordinator shall
be placed in the parkway area adjacent to the street curbline.
13. That signs are subject to Ventura County Ordinance Code, Article 24,
Sign Ordinance. Signs in excess of the ordinance will require
filing a Conditional Use Permit. A sign permit is required.
14. That prior to transfer of ownership, lessee, or operator of the
business is permitted, there shall be filed with the Planning
Director the name and address of the transferee and date when
such transfer shall be effective, together with a letter from the
new operator or owner certifying agreement to comply with all
conditions of the permit.
L
15. That the roof material shall be wood shake.
16. That all planters shall be enclosed within 16" high slump stone
walls.
PUBLIC WORKS DEPARTMENT CONDITIONS
16'
17. That Los Angeles Avenue shall be improved to include concrete curb,
gutter, and sidewalk and paving to meet the existing in accordance
with the specifications of the Department of Public Works. Permittee
shall submit improvement plans prepared by a Registered Civil
Engineer, shall enter into an agreement with the County to complete
the improvements and shall post a bond in an amount to be determined
by the Department of Public Works guaranteeing the construction of
the improvements.
18. That sufficient widening adjacent to Los Angeles Avenue along the
entire frontage of the original parcel shall be deeded to the
County of Ventura prior to recordation of parcel map. Ultimate
right of way shall be 118 feet in accordance with Plate B -1 of the
Ventura County Road Standards.
19. That prior to occupancy the area shall be annexed to the County
Service Area No. 16 - Moorpark College, and /or ornamental street
standards shall be installed and energy charges to July 1975
shall be paid.
20. That Conditions 1 and 2 be required prior to obtaining a zone
clearance.
21. That future access from Los Angeles Avenue may be withdrawn by
the State Division of Transportation. In that event, new plans
may be required to satisfy the access requirement.
0 0011 )
CITY, OF MOORPARK EXHIBIT 3
Community Development Department
799 Moorpark Avenue, Moorpark, CA, 93021
805/529 -6864, Extension 228
Entitlement Permit No.: � "{
Deposit
Amount 8
APPLICANT INFORMATION -
Applicant I.D.
Print Applicant Name:
Extension
Control #
Deposit Amount;8
Receipt No
- YV\ {-tom �-�
Receipt No.
Address:
Mod
City:
State:
Zip Code:
1475 Los Angeles Ave.
Simi Valley
Ca.
93065
Contact Name:
Owner Name:
Contact Telephone:
Date Submitted:
Janice France
......................
General Plan Arri
581 -2800 x 221
8/2/95
Applicant Signature:
Parcel Map
{{V//
Owilm. Signature:
Print Owner's Name:
PROJECT INFORMATION
Applicant I.D.
Applicant Name:
s Planner:
Control No.:
Date Filed:
Commercial Planned Dev.
Simi Valley Bank
dry'
Case Description: Toconvert the old
Billable:
Acres:
Square Feet: The existing
No. Dwelling
Present Zoning:
ircle K to a bank.
.0344
ldg. is approx. 2400
Units:
Other
Site I. oration lsirect address or description]: 256 W. Los Angeles Avenue
The south side of Los Angeles Avenue Avenue, approximately 890 feet west of Moorpark
Avenue and south of the Janss Plaza. This is the site of the old Circle K
1 -0 Asscssor Parcel Numbers:
506 -05 -20
Applicant Signature.
.> FeintSigKtatueeNelne:
c)�tner Signature:
Print Signature Name:
Entitlement Permit No.: � "{
Deposit
Amount 8
New
Major
Minor
Extension
Permit Type
Deposit Amount;8
Receipt No
Permit Type
Receipt No.
Mod
- ..Mod
Tract Map
......................
General Plan Arri
Parcel Map
Zone Change
Conditional Use Permit
Variance
Commercial Planned Dev.
Parcel Map Waiver
Residential Planned Dev.
Lot Line Adjustment
Industrial Planned Dev.
Other
Variance
Certificate of Compliance
Conditional Certificate of
V t 0 tt
Compliance
SITE INFORMATION
ASS o FS t%�c_
TO BE COMPLETED BY STAFF
Application Fee
Commercial sq.,ft.
Receipt No.
Office sq.ft.
Environmental Review
Industrial sq.ft.
Case Planner
Single Family DU
Project Name
Condo Units
Existing Zoning
Apartment Units_
General Plan Land Use Classification
Project Status /Resolution No.
April 19, 1993
Page -3-
0061
1
/ PROPER ,. "'J"w attach
PROPERTY OWNER: (if same as applicant, write SAME If more than onw, t alq���
a consent letter for each property owner. If owner(s) refuse or is Iiiia ►� ►a to
provide a copy of lease, or title report where mineral rights are invr,l'�a`� )
Aar i -EmD i r e, a Co=ration t ) ---
Name (Please Print) Telephone
Address
City, State Zip
No rPrniirPA for thi-, ;qnnl iratjon
Signature Date
APPLICANT'S REPRESENTATIVE
Plain,- T. VnmeMan 909 494-133
Name (Please Print) Telephone
2509 E. Thousand Oaks Blvd.
Address
Thousand Oaks, California 91362
City, State Zip
APPLICANT'S ARCHITECT
Name (Please Print)
Address
( 1
Telephone
City, State '
Zip
APPLICANTS ENGINEER
Name (Please Print) Telephone
Address
City, State
April 19, 1993
Zip
piy/
00011;lz
Urban
07),
Strategies
August 2, 1995
2509 E. THOUSAND OAKS BLVD. * THOUSAND OAKS, CA 91362 • (805) 494 -1336
Mr. Paul Porter, Case Planner
City of Moorpark
799 Moorpark Avenue
Moorpark, Ca. 93021
Subject: AP- 506- 05 -02, 256 W. Los angeles avenue
Dear Mr. Porter:
Submitted for your use and processing is an application for consideration by the
Community Development Ccmnittee for conversion of the abondoned Circle K for a
new Simi Valley Bank location and for access to Park Lane.
Included is the signed application, the fee in the amount of $790, an assessor
parcel map for the site and photos showing the Circle K and surrounding properties.
Please give me a call should you have any questions. It is Simi Valley Bank's
understanding that the Ccrmittee would meet on Monday, August 7 at 6:30 p.m.
Please confirm this date. Thank you
S' rely,
1 ine L. Freeman
cc: Janice France, Simi Valley Bank
1�)
si�
Urban (a
Strategies
August 7, 1995
2509 E. THOUSAND OAKS BLVD. • THOUSAND OAKS, CA 91362 • (805) 494 -1336
Mr. Paul Porter,.Case Planner
City of Moorpark
799 Moorpark Avenue
Moorpark, Ca. 93021
Subject: Simi Valley Bank - AP- 506 -05 -02
Dear Mr. Porter:
This letter is to withdraw the application filed on August 2 for the subject property
and to reserve the $790 fee paid to be applied to the format application.
If you have any questions, please give me a call.
rely,
1 ine L. Freeman
cc JaniceFrance, Simi Valley Bank
CONDITIONS FOR DP-76� APPLICANT: Circ K Corp. 1 '7
PAGE: 3
FIRE DEPARTMENT CONDITIONS
22. That provisions for fire suppression shall be in accordance with
the Ventura County Fire Protection District Ordinance No. 9 and
approved by the Ventura County Fire Chief.
23. That a minimum fire flow of 1,000 gallons per minute is required
at this location.
24. That prior to construction, the permittee shall submit plans to
the Ventura County Fire Department for approval of the location
and spacing of fire hydrants.
25. That additional or improved access roads are required.
ENVIRONMENTAL HEALTH CONDITIONS
26. That adequate sanitary facilities shall be provided in accordance
with the requirements of the Environmental Health Department.
27. That adequate, safe, potable supply of water shall be provided for
the occupants and users of these facilities.
28. That any abandoned wells on the property shall be destroyed in
accordance with the Ventura County Well Ordinance.
29. That the facilities shall be constructed and operated in accordance
with the rules and regulations of the Ventura County Air Pollution
Control District.
30. That adequate provisions shall be made for run -off water to prevent
mosquito breeding.
31. That noise emanation shall be controlled so as not to interfere
with surrounding land uses.
32. That the facilities shall be constructed and operated in accordance
with the California Division of Industrial Safety's General Industry
Safety Orders, and the U. S. Department of Labor's Occupational
Safety and Health Standards.
33. That sewage disposal shall be by community sewer system or other
means approved by the Ventura County Department of Environmental
Health and /or the Los Angeles Regional Water Quality Control Board.
11 : . .
Q Ul0 . > 1
EA&I 6's, + q
Law Offices of Marjorie Baxter
498 -D Shelburne Lane
Simi Valley, CA 93065
Phone: 805 -583 -4099
November 15, 1995
Mr. Paul Lawrason, Mayor and
Members of the City Council
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
SUBJECT: SIMI VALLEY BANK APPEAL
Dear Mayor Lawrason and Members of the City Council:
I have been retained by the Simi Valley Bank to represent them in their November 15,
1995, appeal of the City of Moorpark's administrative decision to require a major
modification for the Bank's proposed relocation to the Circle K site at 256 Los Angeles
Avenue.
In the attached letter from Steven Kueny, City Manager, to Joseph Cassella of the Simi
Valley Bank Premises Committee, Mr. Kueny states in part that:
"In our most recent conversation, you asked me to confirm
the process and off -site improvement requirements for the Los
Angeles Avenue Park Lane site. The planning process is
referred to as a major modification to the existing land use
permit and includes a public hearing before the City Council.
The staff recommended conditions will include the
construction of the Park Lane frontage improvements of the
site. "
It is the Bank's position that the required off -site land dedication and the frontage
improvements are not only unfair and unnecessary but also do not bear any reasonable
relationship to the permit requested. Our research has shown that the proposed use by
the Simi Valley Bank will generate less traffic than the former Circle K use. Not only
is the staff recommending that the Simi Valley Bank be required to dedicate the strip of
land fronting Park Lane but that the Bank be required to purchase the land, as the Bank
does not own the subject property.
Although these Park Lane frontage improvements would provide a public benefit to the
City of Moorpark, the Constitutional law of both the United States and California prohibit
a City from shifting the burden of providing public benefits to one not responsible or only
remotely benefiting from it.
On June 24, 1994, the United States Supreme Court ruled in Dolan v. City of Tigard.
Oregon, that land use conditions must not only meet the Nollan nexus test, but must also
meet a new and second test relating to the "degree" of the exaction.
But more importantly, the Dolan case shifted the burden of proving that there are
sufficient facts to justify each exaction, from the applicant to the City. In other words,
the law now requires that a City must prove that each condition is fair by preparing a
site - specific, quantified finding for each required exaction. These findings must be
supported by facts both as to the nexus for each condition and as to the extent of the
impact of the proposed development.
Therefore, the Simi Valley Bank requests that the City Council waive any recommended
conditions regarding Park Lane Street dedications and improvements as part of this
appeal.
Very truly yours,
Marjorie Baxter
cc: Tony Palmer, Simi Valley Bank President
Steven Kueny, City Manager
Jim Aguilera, Director of Community Development
Attachment
±�o
September 8, 1995
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
Mr. Joseph Cassella
Simi Valley Bank Premises Committee
1475 E. Los Angeles Avenue
Simi Valley, CA 93065
Dear Mr. Cassella:
This is in response to our recent conversation about Simi Valley
Bank's planned move from its present location on High Street.
You requested information about the availability of Moorpark
Redevelopment Agency (MRA) owned property on the south side of
High Street, as well as the process for occupying the existing
building at the southeast corner of Park Lane and Los Angeles
Avenue.
The MRA will consider a lease or purchase proposal for MRA owned
property on the south side of High Street. The property extends
from Moorpark Avenue easterly to the Metrolink parking lot and
westerly from Moorpark Avenue to the west terminus of High
Street. The MRA has not established a price; however, recent
appraisals of commercial property in the area indicate a value of
$10.00 to $12.00 per square foot.
As discussed with you, the MRA currently has a lease with the
City's City Engineering and Building and Safety contractor for
the building on the southeast corner of High Street.and Moorpark
Avenue. This building also currently houses the City's Police
Resource Center (PRC). The City Council is scheduled to consider
a possible relocation of the PRC on October 4, 1995. If the PRC
is approved for relocation, the MRA would probably consider a
proposal for this building. Any proposal would have to include
consideration of the cost to relocate the present tenant and
repayment of about $32,000 paid by the tenant for improvements to
the building.
In our most recent conversation, you asked me to confirm the
process and offsite improvement requirements for the Los Angeles
Avenue /Park Lane site. The planning process is referred to as a
major modification to the existing land use permit and includes a
Paul W. Lawrason Jr. Bernardo M. Perez Patrick Hunter Scott Montgomery John E. Woznia'
Mayor Mayor Pro Tern Councilmember Councilmember Councilmembe,
Mr. Joseph Cassella
September 8, 1995
Page 2
public hearing before the City Council. The staff recommended
conditions will include the construction of the Park Lane
frontage improvements of the site. This improvement will also
allow a driveway on Park Lane to serve the site.
If you need further information about MRA owned property, you may
contact Steve Hayes, Redevelopment /Economic Development Manager,
at 529 -6864, extension 225; and Jim Aguilera, Director of
Community Development, at extension 242, about the major
modification process for the Los Angeles Avenue site; or you may
contact me at extension 212.
Sincerely,
Steven Kueny
City Manager
SK:db
cc: Richard Hare, Deputy City Manager
Jim Aguilera, Director of Community Development
Steve Hayes, Redevelopment /Economic Development Manager
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