HomeMy WebLinkAboutAGENDA REPORT 1994 0601 CC REG ITEM 08C,-OORPARK, CALIFo^ A
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AGENDA REPORT
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TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Developmeno�
Paul Porter, Senior Planner
DATE: May 19, 1994 (CC meeting of June 1, 1994)
SUBJECT: MINOR MODIFICATION NO. 9 TO CPD 89-2 (Mission Bell Plaza)
ON THE APPLICATION OF VENTURA PACIFIC CAPITAL GROUP VI
AND K-MART CORPORATION
Background:
The City Council certified the original EIR and approved this
project (known as CPD 89-1, 89-2 and LDM 89-2) on October 17, 1990.
On March 29, 1991, the applicant submitted an application for a
Major Modification request for CPD 89-1 and 89-2 to construct and
operate a 265,940 sq. ft. food/retail/commercial shopping center
(including 221,440 sq. ft. of general retail uses, 24,000 sq. ft.
of restaurants, a 2,300 sq. ft. gasoline service station, 9,000 sq.
ft. of medical/dental office and 9,200 sq. ft. outdoor plant
nursery) and Tentative Tract Map No. 4757 for a division of two
existing parcels into thirteen parcels of land totalling 23.62 net
acres. The Tract Map was in addition to the existing approved land
division map (LDM 89-2, four parcels). The City Council approved
the Tentative Tract Map and Major Modification on October 2, 1991.
Since then, the Department of Community Development has approved
seven Minor Modifications for CPD 89-1 and 89-2.
On March 10, 1994 K-Mart Corporation submitted Minor Modification
No. 9 for CPD 89-2 so that the following vending machines may
remain at the front exterior of the building. The vending
equipment is as follows:
a) Two soft drink machines
b) Three coin operated kiddie rides
c) Several Newspaper racks.
These items are presently located on the front walkway under the
building canopy.
K-Mart is also requesting that 30 to 40 linear feet of display
racks which hold seasonal potted plants be placed on the front
walkway directly in front of the Garden Shop.
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In addition, K-Mart is also requesting that the existing front 40
inch high cart wall be extended. The extension would not impair
any of the exits from the building.
In addition to the above request, Ventura Pacific Capital Group VI
is requesting:
a) The approval of installation of newspaper racks at Carl's
Jr., as shown on the attached plan.
b) Relocation of the existing approved sign previously
approved to be located at the southern most driveway on
Park Lane to the originally proposed location in front of
the Carl's Jr. restaurant along Los Angeles Avenue.
Staff Comments
The Director of Community Development has reviewed the proposed
Minor Modification and conditionally approved the following
portions of the Minor Modification on May 20, 1994:
A. The vending equipment is as follows:
Two soft drink machines
Three coin operated kiddie rides
Staff has conditioned the project to provide a decorative wall with
landscaping treatment in front of the kiddie rides and vending
machines. The design of this area shall be compatible with the
architecture of the building and shall be approved by the Director
of Community Development. The wall shall also contain landscaping
in front of the wall. The reason for this requirement is to better
screen these uses from the parking area and to maintain the
architectural integrity of the shopping center.
B. 40, linear feet of display racks which hold seasonal potted
plants be placed on the front sidewalk directly in front of
the Garden Shop. These display racks are only be used to
display live plant material. If the racks are empty, they
shall be removed and placed inside the garden area.
Staff has imposed a condition on the project requiring that the
existing "A" frame display presently located in front of the
nursery area be removed and that all plant displays shall be placed
on racks. Staff intends to allow the plants to be displayed on a
permanent basis as they add to the aesthetics to the K-Mart
building.
C . A 40 inch high cart wall extension for an additional 40 linear
feet.
Staff has required that landscaping be installed directly in front
of the existing and proposed cart wall. In addition, the proposed
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extension of the wall shall be painted to match the color of the
existing wall.
In addition, staff has imposed a condition requiring K-Mart to hire
a collection company to collect shopping carts that are taken off -
site. K-Mart is also required to post a sign at all customer exits
consistent with language in the Business and Professions Code
relative to the removal of shopping carts from the premises.
D. Approval of installation of one set of newspaper racks at
Carl's Jr., as shown on attached plan.
A condition has been placed on the project requiring the newspaper
racks be painted the same color as the existing building and that
the rack design incorporate design features of the building.
In addition, the Director of Community Development denied the
following items requested in the Minor Modification:
A. Relocation of the approved sign at the southern most
driveway on Park Lane to the originally proposed location
in front of the Carl's Jr. restaurant along Los Angeles
Avenue.
B. The second proposed location adjacent to the drive -
through portion of the restaurant is disallowed.
C. The newspaper racks proposed to be located in front of
the K-Mart building is denied.
Staff is of the opinion that newspaper racks are needed in only one
location of the shopping center and that the location at the Carls'
Jr. Restaurant is appropriate because patrons can read the
newspaper while they are eating at the restaurant and the location
of the racks along the side of the building does not detract from
the architecture of the building. To locate newsracks in front of
the K-Mart building not only would detract from the architecture of
the building, but could cause automobiles to stop in fire lane
located in front of the K-Mart to purchase a newspaper. This could
potentially create a traffic hazard.
Trash Enclosures
During field visits to the site, staff has noticed that the
existing trash enclosures have had additional trash bins placed in
front of and behind the enclosed trash areas creating an unsightly
appearance. In an effort to curb this problem, staff has imposed
an additional condition of approval requiring the applicant to
construct an additional trash enclosure designed with a pedestrian
access.
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Pursuant to Resolution No. 88-523, the Director has the authority
to approve or deny Minor Modifications. 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 June 3, 1994.
Should the City Council desire to appeal, it should set a public
hearing date. The next available meeting date would be the regular
meeting of July 6, 1994. If the City Council takes no action, the
Director's decision will stand.
Recommendation
Receive and file the report
Exhibit: Approval Letter
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MOORPARK
799 Moorpark Avenue Moorpark, California 93021
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVAL OF A MINOR MODIFICATION
May 18, 1994
(805) 529-6864
Minor Modification No. Commercial Planned Development Permit No.
89-2 (Minor Modification No. 9)
Filed by: 1. K-Mart Corporation
700 South Orange
West Covina, California 9179-2651
2. Ventura Pacific Capital Group VI
340 Rosewood Avenue No. D
Camarillo, California 93010
Address/Location: Los Angeles Ave. and Park Lane in the City of
Moorpark
For: Conditional Approval of:
A. Two soft drink machines
Three coin operated kiddie rides
B. 40' linear feet of display racks which hold seasonal
potted plants be placed on the front sidewalk directly in
front of the Garden Shop.
C. A 40 inch high cart wall extension for an additional 40
linear feet.
D. Approval of installation of one set of newspaper racks at
Carl's Jr., to be locate along the westerly side of the
building as shown as location No. 1 on the attached site
plan (Attachment 3).
The above approval is made with the attached conditions.
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.
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5
PAUL W. LAWRASON JR. PATRICK HUNTER
Mayor Mayor Pro Tern
JOHN E. WOZNIAK BERNARDO M. PEREZ SCOTT MONTGOMERY
Concilmember Councilmember Councilmember
Printed an Recycled Paper
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 8111-2.1.2 - 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 8111-8.3, 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.
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
Jaime Aguilera, Director
of Community Development
Date: May 18, 1994
CC. Paul Porter, Senior Planner
CPD 89-2 Minor Modification No. 9 File
Chroni File
Attachments: 1. Conditions of Approval
2. Site Plan Showing location of K-Mart Vending
Machines, Extension of Cart Wall, plant
display, and approved vs. proposed new
location of Monument Sign
3. Plot Plan showing two proposed locations of
newsracks at Carls' Jr. Restaurant
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THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE EXISTING
CONDITIONS OF APPROVAL FOR CPD 89-2
CONDITIONS FOR CPD 89-2 MINOR MOD NO. 9
1. Approval of this minor modification is conditioned upon the
following requests of the applicant being denied: 1) The
requested newspaper racks in front of the K-Mart and in the
area of the drive -through at the Carls' Jr. Restaurant; and
2) The relocation of the monument sign from Park Lane to Los
Angeles Avenue.
2. The metal roof covering located in the nursery area shall be
painted the same color as the existing buildings.
3. 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. A two (2) foot wide landscaping strip as approved
by the Director of Community Development shall be
installed along the frontage of the existing and
proposed cart wall as well as the screen wall for
the soft drink machines and the kiddie rides.
B. The area in front of the kiddie rides and vending
machines shall be screened by a decorative wall.
The height and design of this wall shall be
approved by the Director of Community Development
and shall utilize architectural features which will
complement the building.
C. The planting located in front of the entry wall
located at the easterly portion of the main entry
to the shopping center along Los Angeles Avenue
shall be replaced with the plants as specified in
the approved Landscape Plan.
4. Only live plant material on shelves shall be allowed to be
displayed in the area of the nursery. If the racks are empty,
they shall be removed and placed inside the garden area. The
existing "A" Frame display located in front of the nursery
area shall be removed.
5. An additional enclosed trash enclosure area shall be located
at the shopping center. The location and design of the
additional trash enclosure shall be approved by the Director
of Community Development and shall include pedestrian access.
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ATTACHMENT 1
6. K-Mart shall hire either a collection company or their own
employees on a continual basis to collect shopping carts that
are taken off -site. In addition, K-Mart shall post a sign at
all customer exits consistent with language in the Business
and Professions Code relative to the removal of shopping carts
from the premises.
7. The design of the proposed newspaper racks at the Carls' Jr.
Restaurant shall complement the architecture of the building
and shall be painted the same color as the existing building
subject to approval of the Director of Community Development.
PP05:19:94/2:42pmA:\M1NMOD9.CC 8
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