HomeMy WebLinkAboutAGENDA REPORT 1995 1206 CC REG ITEM 08D$�
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MEMORANDUM
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Developmr--'�'
Paul Porter, Senior Planner
DATE: November 23, 1995 (CC meeting of December 6, 1995)
SUBJECT: CONSIDER MINOR MODIFICATION NO. 1 TO MAJOR MODIFICATION
NO. 2 OF CPD 89 -1 ON THE APPLICATION OF MI POLLO, INC.
Background
On September 7, 1994, the City Council approved the application
filed by Ventura Pacific Capital Group VI requesting approval of
Major Modification No. 2 to CPD 89 -1, PM 4961 and Variance 94 -1 for
the following:
Major Modification No. 2 to CPD 89 -1 was for approved to revise the
site plan to include a market, shops, free standing commercial
buildings and a theater. The approved revisions are as follows:
Net Site Area: Approximately 15.30 acres (666,800 sq. ft.)
Major "A
"(market)
50,320
sq.
ft.
Major "B
"(theater)
35,000
sq.
ft.
Shops "1
"(7,000 sq. ft. food use)
14,850
sq.
ft.
Pad "A"
26,800
5,500
sq.
ft.
Pad "B"
(food use)
3,000
sq.
ft.
Pad "C"
3,500
sq.
ft.
Pad "D"
(3,500 sq. ft. food use)
5,000
scr.
ft.
GROSS FLOOR AREA
117,170
sq.
ft.
Tentative Parcel Map No. 4961 was approved to subdivide the
property to correspond to the various uses within CPD 89 -1 as
follows:
Parcel Area Sq. Ft Acres
1 (Pad A)
30,400
0.70
2 (Pad B)
25,400
0.58
3 (Market)
205,000
4.71
4 (Pad C)
30,600
0.70
5 (Pad D)
30,000
0.69
6 (Shops)
26,800
0.62
7 (Theater)
318,600
7.31
Total
666,800
15.31
PPI1:08:95110:22amA.\6DEC95.CC
1
Variance 94 -1 to allow 125 compact parking spaces on the proposed
theater parcel only was denied. The City Council subsequently and
as a separate action, amended the City's Zoning Ordinance to allow
up to 15% of the required parking spaces for theaters to be compact
parking spaces.
Minor Modification No. 1 to Major Modification No. 2 to CPD 89 -1
was approved on May 3, 1995 by the City Council for: 1) Deletion
of Condition 42; 2) Incorporate changes to the Site Plan; 3)
Submit elevations for the Pad buildings; 4) Revise the elevations
of Shop Building No. 1; and 5) Art work in lieu of Art in Public
Places fee.
Discussion
On November 7, 1995, Mi Pollo, Inc. applied for Minor Modification
No. 2 for approval of a Pollo Loco Restaurant to be located at
Building Pad "B" as illustrated on the Site Development Plan
approved for Major Modification No. 1 to CPD 89 -1. The project is
located at the intersection of Liberty Bell Road and Los Angeles
Avenue. The proposal is for a free standing restaurant of
approximately 2,532 square feet with an outdoor patio area and
automobile drive -thru as illustrated on the attached plans.
The proposed architecture and colors of the proposed restaurant is
compatible with the approved shopping center with the exception of
a portion of the exterior cement plaster which is proposed to be
painted with corporate diamond graphics.
Staff Analysis
Diamond Graphics
Staff is of the opinion that the proposed diamond graphics is
inconsistent with the exterior treatment of the other existing and
proposed buildings within the shopping center. Therefore, staff
has placed a condition of approval on the project requiring that
the diamond graphics be eliminated.
Additional Landscaping
In addition to the proposed landscaping, staff has required that
additional landscaping be added along the inside of the proposed 36
inch high decorative guard rail so as to provide an additional
visual buffer from the people eating outside from Los Angeles
Avenue, a landscaped planter to the south west wall locate at the
rear of the proposed building and along the west wall adjacent to
the entry.
PP11:08:95110:12amA:\6DEC95.CC 2
Windows
Staff believes that the elevations can be further enhanced by
requiring that all of the windows have an arch similar to that
proposed on the south entry. A condition of approval has been
imposed requiring the arches on all window treatments as determined
by the Director of Community Development.
Pursuant to Resolution No. 88 -523, the Director has the authority
to approve or deny Minor Modifications. The Director of Community
Development approved the Minor Modification with conditions on
November 22, 1995. This matter is being presented to the City
Council as a courtesy. In the event the City Council wishes to
appeal the Director's decision, it may do so. The last day to file
an appeal is December 8, 1995.
Should the City Council desire to appeal, it should set a hearing
date. The next available meeting date would be the regular meeting
of December 20, 1995. If the City Council takes no action, and the
application is not otherwise appealed, the Director's decision will
stand.
Recommendation
Receive and file the report
Exhibits: 1. Approval Letter
2. Site Plan and Elevations
PP21:08:95 /10:22amA: \6DEC95.CC 3
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVAL OF A MINOR MODIFICATION
November 22, 1995
Minor Modification No. 2 to Major Modification No. 2 of Commercial
Planned Development Permit No. 89 -1
Filed by: Mi Pollo, Inc.
18726 South Western Avenue, Suite No. 206
Gardena, California 90248
Address /Location: Los Angeles Ave. and Liberty Bell Center in
the City of Moorpark
For: Conditional Approval of Minor Modification No. 2 to Major
Modification No. 2 of CPD 89 -1
Action: The above approval is made with the following conditions:
THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE EXISTING
CONDITIONS OF APPROVAL FOR CPD 89 -1 MAJOR MODIFICATION NO. 2
CONDITIONS FOR CPD 89 -1 MINOR MOD NO. 2
PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE THE FOLLOWINGS
CONDITIONS SHALL BE SATISFIED:
1. A revised landscape plan shall be submitted for review and
approval of the Director of Community Development. The
following additional landscaping shall be added to the site:
a. Additional landscaping be added along the inside of
the proposed 36 inch high decorative fence so as to
provide an additional visual buffer from the people
eating outside from Los Angeles Avenue.
b. A landscaped planter shall be provided at the rear
of the proposed building and along the west wall
adjacent to the entry.
2. The Director of Community Development shall approve the color
and design of the decorative guard rail.
3. All windows and doors shall have a similar arch to that
proposed on the south elevation.
4. The diamond graphics located around the building which were to
be painted with corporate colors shall be eliminated.
PP11 :08 :95110:22amA:\6DEC95.CC 4
5. The design and colors of the outdoor patio furniture and
umbrellas shall be subject to approval of the Director of
Community Development.
6. The applicant shall pay all outstanding case processing and
all City legal service fees prior to issuance of a Zoning
Clearance. The applicant, permittee, or successors in
interest, shall also submit to the Department of Community
Development a fee to cover costs incurred by the City for
Condition Compliance review of the Minor Modification.
California Environmental Quality Act (CEQA) Compliance: This
Department has reviewed the project to ascertain if there will be
a significant effect on the environment. It has been determined
that this project is categorically exempt from CEQA requirements as
a Class 1 exemption for minor alterations.
Ordinance Compliance: Based upon the information and findings
developed by staff, it has been determined that this application,
with the attached conditions, meets the requirements of Moorpark
Ordinance Code Section 17.44.030 - Permit Standards, in that:
a. The Minor Modification is consistent with the intent and
provisions of the City's General Plan and the City's Zoning
Ordinance;
b. The Minor Modification is compatible with the character of
surrounding development;
C. The proposed Minor Modification is not obnoxious or harmful,
and does not impair the utility of neighboring property or
uses;
d. The Modification is not be detrimental to the public interest,
health, safety, convenience, or welfare.
Appeals: As stated in Section 17.44.090 within 16 calendar days
after the permit has been approved, conditionally approved or
denied, any aggrieved person may file an appeal of the approval,
conditional approval or denial with the Community Development
Department who shall set a hearing date before the City Council to
review the matter at the earliest convenient date.
PP11:08:95110:22amA:\6DEC95.CC 5
Zoning Clearance and Building Permit: Upon the expiration of the
16 day appeal period and upon completion of the "prior to zoning
clearance" conditions, a Zone Clearance may be obtained from the
Community Development Department.
CITY OF MOORPARK
e Aguilera, Director
of Community Development
Date: November 22, 1995
CC. Paul Porter, Senior Planner
CPD 89 -1 Minor Modification No. 2 File
Chroni File
Attachments: Site Plan and Elevations
PP11:08:95110:22amA: \6DfiC95.CC
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PLACE ORDER SIGN
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NORTH
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1 :21
MATE LEO ..
I CLAY ROOF TLC
Z. EXTEFMR CE/ENT P TEA OVER FRAMING, PAITED
3 Lbp•CE WITH PlA4TU Fq PATTED ACCENT COLOR
• E1RERIM CEMENT PLASTER. PANTED WITH CORPORATE DIAYOHD DRAPHICS
6 CER TILE .OMAZED
• ANODIZED ALISIRIY ETOREFROHT WITH C GLASS
1 Ir REDPLEXM"LETT M WITH6t ACK VIYL WTLNE , iiDYiHAiFn
• HEAVY TEAM" TRELLS. STAEEo
• METAL REVEAL, PAKM
i0 F-0LOCOREOM1EIL0WAFXla ASi(YiD. 1- 1111AIE
OUTDOOR PATIO _] L-
FZ,RNTUREAA"F -LLA PLANTER - 12 HIGH RAND
WITH NO LOGO - SOUTH ELEVATION
ray;
DUTDOOR PATIO FP., -moo
FURICRIFEAPA REI -LA -1 { -I
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36' HIGH DECORATIVE GUARDRAIL
EAST ELEVATION
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OUTDOOR PATIO
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NORTH ELEVATION BEYOND
<i U
36' HIGH DECORATIVE GUARDRAIL
WEST ELEVATION
IOR PATIO
IRE YVURELLA
MEMORANDUM
TO: The Honorable City Council
FROM: Jaime Aguilera, Director ommunity Development
Paul Porter, Senior Pla
J
DATE: November 23, 1995 (CC meeting of December 6, 1995)
SUBJECT: CONSIDER MINOR MODIFICATION NO. 1 TO MAJOR MODIFICATION
NO. 2 OF CPD 89 -1 ON THE APPLICATION OF MI POLLO, INC.
Background
On September 7, 1994, the City Council approved the application
filed by Ventura Pacific Capital Group VI requesting approval of
Major Modification No. 2 to CPD 89 -1, PM 4961 and Variance'94 -1 for
the following:
Major Modification No. 2 to CPD 89 -1 was for approved to revise the
site plan to include a market, shops, free standing commercial
buildings and a theater. The approved revisions are as follows:
Net Site Area: Approximately 15.30 acres (666,800 sq. ft.)
Major "A
"(market)
50,320
sq.
ft.
Major "B
"(theater)
35,000
sq.
ft.
Shops "1
11(7,000 sq. ft. food use)
14,850
sq.
ft.
Pad "A"
26,800
5,500
sq.
ft.
Pad "B"
(food use)
3,000
sq.
ft.
Pad "C"
3,500
sq.
ft.
Pad "D"
(3,500 sq. ft. food use)
5,000
sq.
ft.
GROSS FLOOR AREA
117,170
sq.
ft.
Tentative Parcel Map No. 4961 was approved to subdivide the
property to correspond to the various uses within CPD 89 -1 as
follows:
Parcel Area Sq . Ft Acres
1 (Pad A)
30,400
0.70
2 (Pad B)
25,400
0.58
3 (Market)
205,000
4.71
4 (Pad C)
30,600
0.70
5 (Pad D)
30,000
0.69
6 (Shops)
26,800
0.62
7 (Theater)
318,600
7.31
Total
666,800
15.31
PP11:08:95110:22amA:\6DEC95.CC 1
Variance 94 -1 to allow 125 compact parking spaces on the proposed
theater parcel only was denied. The City Council subsequently and
as a separate action, amended the City,s Zoning Ordinance to allow
up to 15% of the required parking spaces for theaters to be compact
parking spaces.
Minor Modification No. 1 to Major Modification No. 2 to CPD 89 -1
was approved on May 3, 1995 by the City Council for: 1) Deletion
of Condition 42; 2) Incorporate changes to the Site Plan; 3)
Submit elevations for the Pad buildings; 4) Revise the elevations
of Shop Building No. 1; and 5) Art work in lieu of Art in Public
Places fee.
Discussion
On November 7, 1995, Mi Polio, Inc. applied for Minor Modification
No. 2 for approval of a Polio Loco Restaurant to be located at
Building Pad "B" as illustrated on the Site Development Plan
approved for Major Modification No. 1 to CPD 89 -1. The project is
located at the intersection of Liberty Bell Road and Los Angeles
Avenue. The proposal is for a free standing restaurant of
approximately 2,532 square feet with an outdoor patio area and
automobile drive -thru as illustrated on the attached plans.
The proposed architecture and colors of the proposed restaurant is
compatible with the approved shopping center with the exception of
a portion of the exterior cement plaster which is proposed to be
painted with corporate diamond graphics.
Staff Analvsis
Diamond Graphics
Staff is of the opinion that the proposed diamond graphics is
inconsistent with the exterior treatment of the other existing and
proposed buildings within the shopping center. Therefore, staff
has placed a condition of approval on the project requiring that
the diamond graphics be eliminated.
Additional Landscaping
In addition to the proposed landscaping, staff has required that
additional landscaping be added along the inside of the proposed 36
inch high decorative guard rail so as to provide an additional
visual buffer from the people eating outside from Los Angeles
Avenue, a landscaped planter to the south west wall locate at the
rear of the proposed building and along the west wall adjacent to
the entry.
PP11:08:95110:22amA: \6DSC95.CC 2
Windows
Staff believes that the elevations can be further enhanced by
requiring that all of the windows have an arch similar to that
proposed on the south entry. A condition of approval has been
imposed requiring the arches on all window treatments as determined
by the Director of Community Development.
Pursuant to Resolution No. 88 -523, the Director has the authority
to approve or deny Minor Modifications. The Director of Community
Development approved the Minor Modification with conditions on
November 22, 1995. This matter is being presented to the City
Council as a courtesy. In the event the City Council wishes to
appeal the Director's decision, it may do so. The last day to file
an appeal is December 8, 1995.
Should the City Council desire to appeal, it should set a hearing
date. The next available meeting date would be the regular meeting
of December 20, 1995. If the City Council takes no action, and the
application is not otherwise appealed, the Director's decision will
stand.
Recommendation
Receive and file the report
Exhibits: 1. Approval Letter
2. Site Plan and Elevations
PP11:08:95110:22amA:\6DEC95.CC 3
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVAL OF A MINOR MODIFICATION
November 22, 1995
Minor Modification No. 2 to Major Modification No. 2 of Commercial
Planned Development Permit No. 89 -1
Filed by: Mi Pollo, Inc.
18726 South Western Avenue, Suite No. 206
Gardena, California 90248
Address /Location: Los Angeles Ave. and Liberty Bell Center in
the City of Moorpark
For: Conditional Approval of Minor Modification No. 2 to Major
Modification No. 2 of CPD 89 -1
Action: The above approval is made with the following conditions:
THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE EXISTING
CONDITIONS OF APPROVAL FOR CPD 89 -1 MAJOR MODIFICATION NO. 2
CONDITIONS FOR CPD 89 -1 MINOR MOD NO. 2
PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE THE FOLLOWINGS
CONDITIONS SHALL BE SATISFIED:
1. A revised landscape plan shall be submitted for review and
approval of the Director of Community Development. The
following additional landscaping shall be added to the site:
a. Additional landscaping be added along the inside of
the proposed 36 inch high decorative fence so as to
provide an additional visual buffer from the people
eating outside from Los Angeles Avenue.
b. A landscaped planter shall be provided at the rear
of the proposed building and along the west wall
adjacent to the entry.
2. The Director of Community Development shall approve the color
and design of the decorative guard rail.
3. All windows and doors shall have a similar arch to that
proposed on the south elevation, except those windows which
will have the diamond graphics above them as depicted in the
proposal.
PP11:08:95110:22aM:\6DBC95.CC 4
4. The diamond graphics located around the building shall be
reviewed and approved by the Director of Community
Development. The stucco finish for the diamonds and the area
surrounding the diamonds shall have a smooth trowel finish.
Color chips are to be submitted to the Director for review and
approvaU
f
5. The design and colors of the outdoor patio furniture and
umbrellas shall be subject to approval of the Director of
Community Development.
6. The applicant shall pay all outstanding case processing and
all City legal service fees prior to issuance of a Zoning
Clearance. The applicant, permittee, or successors in
interest, shall also submit to the Department of Community
Development a fee to cover costs incurred by the City for
Condition Compliance review of the Minor Modification.
California Environmental Quality Act (CEQA) Compliance: This
Department has reviewed the project to ascertain if there will be
a significant effect on the environment. It has been determined
that this project is categorically exempt from CEQA requirements as
a Class 1 exemption for minor alterations.
Ordinance Compliance: Based upon the information and findings
developed by staff, it has been determined that this application,
with the attached conditions, meets the requirements of Moorpark
Ordinance Code Section 17.44.030 - Permit Standards, in that:
a. The Minor Modification is consistent with the intent and
provisions of the City's General Plan and the City's Zoning
Ordinance;
b. The Minor Modification is compatible with the character of
surrounding development;
C. The proposed Minor Modification is not obnoxious or harmful,
and does not impair the utility of neighboring property or
uses;
d. The Modification is not be detrimental to the public interest,
health, safety, convenience, or welfare.
Appeals: As stated in Section 17.44.090 within 16 calendar days
after the permit has been approved, conditionally approved or
denied, any aggrieved person may file an appeal of the approval,
conditional approval or denial with the Community Development
Department who shall set a hearing date before the City Council to
review the matter at the earliest convenient date.
PP11 :08:95 110:22amA:\6DEC95.CC 5
Zoning Clearance and Building Permit: Upon the
16 day appeal period and upon completion of the
clearance" conditions, a Zone Clearance may be
Community Development Department.
CITY OF MOORPARK
ime Aguilera, Director
of Community Development
Date: November 22, 1995
CC. Paul Porter, Senior Planner
CPD 89 -1 Minor Modification No. 2 File
Chroni File
Attachments: Site Plan and Elevations
PP11:08:95110:22amA:\6DHC95.CC 6
expiration of the
"prior to zoning
obtained from the