HomeMy WebLinkAboutAGENDA REPORT 1994 1207 CC REG ITEM 08F�T c 8. F.
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MEMORANDUM �.cIloN
TO: The Honorable City Council _
FROM: Jaime Aguilera, Director of Community Develo Pm ent TY
Paul Porter, Senior Planner
DATE: November 23, 1994 (CC meeting of December 7, 1994)
SUBJECT: CONSIDER APPROVAL OF MINOR MODIFICATION NO. 2 TO CPD -92 -1
(Atassi) TO ALLOW TO MARE PAYMENT REQUIRED BY CONDITION
NO. 65 IN THREE (3) INSTALLMENTS
Background
On April 5, 1993, the Planning Commission approved the Commercial
Planned Development application of Attassi for an AM /PM Mini
Market /Convenience Store with Gas sales (CPD Permit No. 92 -1).
Condition No. 65 of the CPD required the applicant to contribute
its pro -rata share of the costs of certain intersection
improvements to the City prior to its receipt of a Zoning Clearance
for the development. Condition No 65 is as follows:
"65. Prior to issuance of a Zone Clearance, the applicant
shall make a special contribution to the City
representing the applicant's pro -rata share of the cost
of the improvements at the following intersections:
Los Angeles Ave. /Spring Rd.
Los Angeles Ave. /Gabbert Rd.
Moorpark Ave. /Gabber.t Ave.
The actual contribution shall be based upon the
additional traffic added to each intersection per the
traffic study prepared by Wadi Transportation Consultants
May 22, 1992 (revised Sept. 21, 1992) and as approved by
the City Engineer."
The applicant filed Minor Modification No. 1 to CPD 92 -1 on March
24, 1994 in order to move the location of the building 10 feet to
the north, and to spread the payment of the traffic mitigation fee
over a five year period. The Director of Community Development
denied the proposed modification to relocate the building and to
extend the time period for the payment of the traffic mitigation
fee.
The applicant filed Appeal No. 94 -1 on April 12, 1994
Director's decision to deny the Minor Modification
of the payment of the traffic mitigation fee.
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appealing the
for the spread
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Discussion
On April 20, 1994, the City Council set aside the Director's
decision rendered on April 5, 1994 relative to the requested time
extension and approved Attassi's request to guarantee payment of
the Traffic Mitigation Fee with a bond or an agreement, provided
that the applicant (i) make payment in three (3) equal
installments, together with simple interest at the rate of eight
(8%) per annum, due on the first anniversary and the second
anniversary, respectively, of the payment of the first installment
and (ii) reimburse the City for all City Attorney and staff time
incurred as a result of the request.
On June 21, 1994, the applicant paid the first installment in the
sum of $13,103 and elected by letter to proceed by way of an
agreement which was executed on November 8, 1994. Section 3 of the
Agreement provides for the revised language for Condition No. 65.
Accordingly, the City agreed to process this Minor Modification to
CPD 92 -1 at no cost to the applicant to put the revised language in
place.
The revised language of Condition No. 65 of CPD 92 -1 as specified
in the Agreement is as follows:
65. Prior to issuance of a Zone Clearance, the
applicant shall make a special contribution to the
City representing the applicant's pro -rata share of
the cost of the improvements at the following
intersections:
Los Angeles Ave. /Spring Rd.
Los Angeles Ave. /Gabbert Rd.
Moorpark Ave. /Gabbert Ave.
The actual contribution in the amount of $39,309.00 is
based upon the additional traffic added to each
intersection per the traffic study prepared by Wadi
Transportation Consultants May 22, 1992 (revised Sept.
21, 1992) and as approved by the City Engineer. The
applicant may pay the special contribution in three (3)
installments provided that applicant (i) guarantees
payment with a bond or an agreement, (ii) makes payment
in three equal installments with the first installment
due at zone clearance and the remaining two installments,
together with simple interest at the rate of eight
percent (8% per annum, due on the first anniversary and
the second anniversary, respectively, of the payment of
the first installment and (iii) reimburse City for all
City Attorney and staff time incurred as a result of the
deferred payment. The obligation created by the deferred
payment shall accrue to anybody that exercises the
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benefit of CPD 92 -1, and the permit may be revoked if the
obligation is not satisfied by this condition.
The Director of Community Development reviewed the proposed Minor
Modification request and approved it on November 23, 1994 with the
appeal period ending on Friday December 9, 1994. If no appeal has
been filed, the Director's decision will stand. Pursuant to
Resolution No. 523, the Director has the authority to approve Minor
Modifications. This matter is being presented to the City Council
pursuant to Council policy. Should the City Council or any
interested party wish to appeal the Director's decision, the next
available hearing date would be December 21, 1994.
Recommendation:
Receive and file the report.
Attachments: 1. Minor Mod No. 2 Approval Letter
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40053
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVAL OF A MINOR MODIFICATION
November 23, 1994
Minor Modification No. 2 to Commercial Planned Development Permit
No. 92 -1
Filed by: City of Moorpark
For: Modification of Condition No. 65 of CPD 92 -1 as follows:
65. Prior to issuance of a Zone Clearance, the
applicant shall make a special contribution to the
City representing the applicant's pro -rata share of
the cost of the improvements at the following
intersections:
Los Angeles Ave. /Spring Rd.
Los Angeles Ave. /Gabbert Rd.
Moorpark Ave. /Gabbert Ave.
The actual contribution in the amount of $39,309.00 is
based upon the additional traffic added to each
intersection per the traffic study prepared by Wadi
Transportation Consultants May 22, 1992 (revised Sept.
21, 1992) and as approved by the City Engineer. The
applicant may pay the special contribution in three (3)
installments provided that applicant (i) guarantees
payment with a bond or an agreement, (ii) makes payment
in three equal installments with the first installment
due at zone clearance and the remaining two installments,
together with simple interest at the rate of eight
percent (8% per annum, due on the first anniversary and
the second anniversary, respectively, of the payment of
the first installment and (iii) reimburse City for all
City Attorney and staff time incurred as a result of the
deferred payment. The obligation created by the deferred
payment shall accrue to anybody that exercises the
benefit of CPD 92 -1, and the permit may be revoked if the
obligation is not satisfied by this condition.
Action: Approved
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PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
Printed on Recycled Paper
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 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; and
d. The Modification is not detrimental to the public interest,
health, safety, convenience, or welfare.
Appeals: As stated in Section 8111 -8, 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.
CITY OF MOORPARK
Jaime Aguilera, Director
of Community Development
Date: November 23, 1994
CC. Paul Porter, Senior Planner
CPD 92 -1 Minor Modification No. 2 File
Chroni File
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