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HomeMy WebLinkAboutAGENDA REPORT 1996 0117 CC REG ITEM 07Rpia /X1 l MEMORANDUM -,/ TO: The Honorable City Council - -- FROM: Jaime Aguilera, Director of Community Developma _._,_ Paul Porter, Senior Planner DATE: January 3, 1996 (CC meeting of January 17, 1995) SUBJECT: MINOR MODIFICATION NO. 3 TO MAJOR MODIFICATION NO. 2 OF CPD 89 -1 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 PP01:03:9619:58aM: \17JAN95.CC 1 0001.3 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. On November 22, 1995, Minor Modification No. 2 to Major Modification No. 2 of Commercial Planned Development Permit No. 89- 1 was approved by the Director of Community Development for approval of a E1 Pollo Loco Restaurant consisting of approximately 2,532 square feet with an outdoor patio area and automobile drive - thru. On December 8, 1995, Mission Bell Partners applied for Minor Modification No. 3 to Major Modification No. 2 to CPD 89 -1 for the following: 1. Reconfiguration of the planter west of Shops No. 1. 2. Movement of Pad "C" 9 feet east to accommodate a potential future drive -thru lane. 3. Addition of a new trash enclosure to the south of Shops No. 1. 4. Revised elevation to the area connecting K -Mart and Albertson's. 5. Revised column base details. 6. Neon lighting accents along the cornices and at the column archways at the front entry elevation to the theater. 7. Modified west exterior elevation of the Bauducco's Restaurant and merchant display windows on the back of the shops. 8. Phased opening of Albertson's Market. 9. Approval of bank facility within the Albertson's building. Analysis 1. Reconfiguration of the planter west of Shops No. 1. This proposed change was required as a result of Southern California Edison's requirement for an additional electric pad mount for a transformer to service the theater. Originally, the theater was to have electrical power supplied from a transformer located to the north; however, due to the length of the run from the transformer to the building's electrical room, SCE determined the power drop to be significant. The planter has been enlarged to PP01:03:9619:58amA:\17JAN95.CC 2 000137 fit a second 4" by 8' pad and to accommodate a landscape buffer. The proposed changes are shown on Sheets SDI No. 1 and W. 2. Movement of Pad "C" 9 feet east to accommodate a potential future drive -thru lane. The site plan that was approved as part of the approval to Major Modification No. 2 to CPD 89 -1 provided for a drive -thru facility. However, the building area was subsequently developed as a multi - tenant building and the provisions for a future drive -thru was eliminated from the plan. The applicant wishes to continue to reserve the ability to use this pad as a drive -thru use. The applicant has therefore requested that the pad be moved approximately nine feet to the east, creating an 18 foot landscaped area between the building and the sidewalk, to allow for a future 12 foot drive -thru lane around the building. See Sheets SD -1 and L -4. 3. Addition of a new trash enclosure to the south of Shops No. 1. The applicant has indicated that a review of the approved site plan and the users within the project indicate that an additional trash enclosure is required in order to support the retail and food service uses in Shop Building No. 1. See SD -1. The combined changes to Items 1 thru 3 reduced the available parking by a total of seven parking stalls. The original approval for Major Modification No. 2 to CPD 89 -1 showed a parking count of 1,185 parking stalls for Phase II. After refinement of the boundaries, building and the movement of the Theater and Shops No. 1 to create the 40 foot sideyard, the parking count came down to 1,102 parking spaces. With the modifications listed in the above captioned items, a further reduction of seven stalls will take place. The proposed parking analysis is as follows: Parking Provided Parking Required: Albertson's and Retail Uses El Pollo and other food uses Theater with ultimate 2,499 Total 4. Revised elevation to the Albertson's. 1,095 67,815 SF @ 1/300 226 13,466 SF @ 1 /100 135 seats @ 1/3.3 seats 714 Parking Required 1,075 Surplus Parking 20 area connecting K -Mart and After review of the proposed open area and various uses of the area between the R -Mart and the Albertson's, it was decided to create a sense of continuity between the two buildings by filling in the elevation with a reveal and plaster wall. The revised elevation PP01:03:96 19:58amA:\17JAN95.CC 3 OOOILZ will not preclude the future use of the area for pedestrian friendly activities and /or possible kiosk type operations in the future. See Sheets SD -1, SD -8 - Details 21 and 24. 5. Revised column base details. According to the applicant, with the operation of Phase I of the project, the lower cornice detail which is located approximately 3 feet from the base of the building columns has been a continuing source of malicious vandalism and costly maintenance. Staff has confirmed the vandalism cited by the applicant. The proposed revisions is an aesthetically pleasing solution that requires a modification of the approved elevations. The typical column as shown on Sheet SD -7 Detail 9 has been revised to eliminate the cornice and replace it with a 2 inch metal reveal from a medium dash to a heavy dash finish with glazed ceramic tile centered on the column face. The metal reveal will be painted to match the cornice accent color. The proposed change will be incorporated on the Theater, Shops No. 1 and Pads A, C and D. Albertson's and R -Mart will have the originally approved detail, and the Shop Building in Phase I will be converted to match Phase II Shops. Staff has conditioned the project to make the conversion within one year of approval of this Minor Modification. 6. Neon lighting accents along the cornices and at the column archways at the front entry elevation to the theater and the addition of eight halolite display cases. The proposed theater has requested that a neon lighting accent be approved as part of their entry and overall design decor. The decor will be similar to that of the Edwards theater in Camarillo. In addition, the applicant has requested the addition of eight Halolite Display Cases to be located as shown on A -3.1 detail 4. These will be shown to indicate the upcoming attractions or now showing displays that are seen at all theaters. 7. Modified west exterior elevation of the Bauducco's Restaurant and merchant display windows on the back of the shops. As shown on Sheet A -4 Detail 2, the decorative door and window locations for the Bauducco's restaurant have been added. The architectural detailing and quoin treatments around the openings are consistent with the architectural storefront previously approved as part of Minor Modification No. 1. The applicant is also requesting two merchant display windows that will be flush with the exterior wall and accessible from the inside of the stores to allow merchants to exhibit specials or feature products to both the patrons of both the Theater and Restaurant who will be utilizing the area. PP01:03:9619:58aM: \17JAN95.CC 4 00 1 /. 1 1: 8. Phased opening of Albertson's Market. The applicant has requested only. The entire parking ar of the Albertson's and it is be fenced and the necessary the heavy dash line on SD -1 the fence would be removed opening of the Shops and Pad open by July, 1996. a phased opening of the Albertson's as will not be complete at the opening proposed that the non - completed areas safety barriers be erected a shown by The applicant has anticipated that by the end of May, 1996, with the Buildings. The Theater is expected to Staff is in agreement with the phased opening and will require as a matter of standard practice that the applicant provide sufficient security to ensure the completion of unfinished sitework prior to the issuance of a Certificate of Occupancy for the Albertsons. 9. Approval of bank facility within the Albertson's building. The applicant has requested approval of a bank to be located within the Albertson's market. The area occupied by the Wells Fargo mini - branch will be approximately 31 feet long by 13 feet wide. A copy of the proposed floor plan is attached showing the proposed layout. 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 January 3, 1996. 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 January 19, 1996. Should the City Council hearing date. The next meeting of February 21, and the application i s decision will stand and Recommendation desire to appeal, it should set a public available meeting date would be the regular 1996. If the City Council takes no action, not otherwise appealed, the Director's become effective January 20, 1996. Receive and file the report Exhibits: 1. Approval Letter 2. Revised Plans PP01 :03 :9619 :58amA: \17JAN95.CC 5 MVIA! CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL OF A MINOR MODIFICATION January 3, 1996 Minor Modification No. 3 to Major Modification No. 2 of Commercial Planned Development Permit No. 89 -1 Filed by: Mission Bell Partner's 340 Rosewood Avenue, Suite D Camarillo, California 93010 Address /Location: Los Angeles Ave. and Liberty Bell Center in the City of Moorpark For: Conditional Approval of Minor Modification No. 3 to Major Modification No. 2 of CPD 89 -1 for the following as shown on the attached revised plans: 1. Reconfiguration of the planter west of Shops No. 1 (Sheets SD -1, L -3). 2. Movement of Pad "C" 9 feet east to accommodate a potential future drive -thru lane (Sheets SD -1, L -4). 3. Addition of a new trash enclosure to the south of Shops No. 1 (Sheet SD -1). 4. Revised elevation to the area connecting K -Mart and Albertson's (Sheets SD -1, SD -8 Details 21 and 24). 5. Revised column base details (Sheets SD -7 Details 2 and 9, A -3.1 and A -4). 6. Neon lighting accents along the cornices and at the column archways at the front entry elevation to the theater (Sheet A -3.1 Detail 4). 7. Modified west exterior elevation of the Bauducco's Restaurant and merchant display windows on the back of the shops (Sheet A -4 Detail 2). 8. Phased opening of Albertson's Market. 9. Approval of bank facility within the Albertson's building Sheet A -2.1). PP01:03:9619:58amA:\17TAN95.CC N ��I 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. 3 PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE THE FOLLOWINGS CONDITIONS SHALL BE SATISFIED: 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the attached plan revisions. The location and design of all site improvements shall be as shown on the approved plot plans and elevations submitted with this application. 2. A revised landscape plan shall be submitted for review and approval of the Director of Community Development. 3. The Director of Community Development shall approve the colors and design of the Neon lighting accents along the cornices and at the column archways at the front entry elevation to the Theater. 4. The Director shall approve the design of the enclosure for the display cases to include architectural detail to soften the impact of the cases. 5. 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. 6. All outstanding unfinished sitework shall be completed no later than August 1, 1995. 7. Failure to inaugurate this Minor Modification in twelve months or less from the date of approval will render this modification null and void. 8. A one year extension to this Minor Modification Permit may be granted by the Director of Community Development upon the written request and payment of the appropriate filing fee. 9. The approval of the proposed bank does not constitute approval of a sign for the use. PP01:03 :9619:58amA:\17JAN95.CC 7 -140-4 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 public 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 'e Aguilera, Director of Community Development Date: January 3, 1996 CC. Paul Porter, Senior Planner CPD 89 -1 Minor Modification No. 2 File Chroni File Attachments: Revised Plans PP01:03:9619:5BaM: \17JAN95.CC 8 0001473