The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 1996 0605 CC REG ITEM 07CMEMORANDUM TO: The Honorable City Council FROM: Paul Porter, Senior Planneo;2?,, DATE: May 7, 1996 (CC meeting of June 5, 1996) ITEM ;0�- %- .,! SUBJECT: CONSIDER APPROVAL OF MINOR MODIFICATION NO 1 TO MAJOR MODIFICATION NO. 1 TO CPD 90 -2 ON THE APPLICATION OF AMERICAN STORES PROPERTIES, INC. Background: The City Council adopted Resolution No. 90 -729 approving the following on the application of Urban West Communities on November 19, 1990: a. Major Modification No. 3 (PC -3) to allow designated Community Focus area to include approximately 11 acres of commercial land uses instead of approximately 7.5 acres of Neighborhood Commercial uses and 4 acres of community use. b. CPD 90 -2 for a Neighborhood Shopping Center consisting of a 45,000 sq. ft. market, 60,400 sq. ft. retail, 5,000 sq. ft. medical office, and 12,000 sq. ft. of restaurant uses for a total of 122,400 sq. ft. C. LDM90 -2 (Vesting Tentative Map), a subdivision to create a 11.77 acre parcel and a 11.69 acre remainder parcel. On September 10, 1992, Minor Modification No. 1 to CPD 90 -2 was approved changing condition No. 3 to allow an extension to "use inaugurate" the project to December 19, 1994 and granting the Director of Community Development the ability to grant one additional one (1) year extension of the "use inauguration" date. On December 22, 1994, the Director of Community Development sent a letter to the Castillo Company, Inc. approving a one year time extension to December 22, 1995. Resolution No. 95 -1164 approving Major Modification No. 1 to CPD 90 -2 for reduction in size of the shopping center from 122,400 s.f. to 118,783 s.f. was adopted by the City Council on December 6, 1995. PP05:07:96 /3:40pmA:\5JUN96.CC 1 OW088 Applicant's Reauest American Stores Properties, Inc applied for Minor Modification No. 1 to Major Modification No. 1 to CPD 90 -2 on May 7, 1996 requesting: 1. Approval of the pharmacy drop- off /pick -up window and clarification regarding the prohibition of a drive -thru access; and 2. Approval of a phased construction of the in -line retail and major stores. REQUEST FOR PHARMACY DROP- OFF /PICK -UP WINDOW AND CLARIFICATION REGARDING DRIVE -THRU ACCESSES. Condition of Approval No. 8 of the approval to Major Modification No. 1 to CPD 90 -2 states as follows: Disallowance of Drive -thru Access for Any Purpose B. Drive -thru access for any purpose shall not be allowed. The applicant indicated in the application, that his interpretation of the intent of this condition of approval to: a) Disallow drive -thru restaurants only; and b) Allow flexibility for the drug store and other acceptable uses such as a bank, dry cleaner or coffee house to have a drive -thru access. The applicant further states that although the condition was not actively changed by the City Council, the condition as written eliminates all drive -thru accesses. The applicant through this modification is requesting clarification of this issue. In addition, the applicant is requesting that the issue of the drive -thru be looked at on an individual basis as other Modifications to CPD90 -2 are reviewed for the individual pad area. Proposed Drive -thru for Drugstore The applicant indicates that the drive -thru for the drugstore is not a typical drive -thru in that it is provided as a convenience only to those customers who either cannot who prefer not to come in the store. This would include elderly, handicapped and off -hour emergency pickups wherein a customer may not be appropriately dressed to enter the store. This type of facility produces little to no stacking as prescriptions would be dropped off at the outside lane, with no waiting, while pickups would be made at the inside lane, with minimal waits. Customers whose orders are not complete are normally asked to either come back later or come into the store. PP05:07:96 /3:40pmA:15JUN96.CC E Staff Analvsis The drive -thru access would be located to the rear of the site which would produce minimal visual impact and will be screened from residences by a wall and heavy buffer landscaping, as well as the grade change between the residences and the store. Therefore, staff is of the opinion that a drive -thru for the drugstore would not have an adverse effect on the project or the surrounding area and serve to benefit the community as a whole. Staff also recommends that the City Council keep open the option of reviewing the desirability for a drive -thru access for the pad areas on a case by case basis through the Minor Modification review process. Staff recommends that the drive -thru for the drugstore be allowed and that the condition of approval for CPD 90 -2 Major Modification No. 1 be modified as follows: Drive -thru Access for Any Purpose 8. Drive -thru access for the pad areas shall be reviewed on a case by case basis by the City Council through a Minor Modification process. Request for approval of a phased construction of the in -line retail and major stores. Condition No. 2 to Major Modification No. 1 to CPD 90 -2 sates as follows: Minor Modification Requirement for Pad Buildings and Construction of Market Without Other Attached Buildings 2. The Pad Buildings or construction of the Market as a stand alone building shall require approval of a Minor Modification to the Permit prior to issuance of a Zoning Clearance for Construction. The applicant requests approval of a phased construction of the in- line retail and major stores and has indicated a commitment to building shops No. 1 and 2 facing westward concurrently with the other majors. An indefinite postpone of construction of the south - facing shops is request. American Stores indicates a commitment to begin construction of these shops prior to occupancy of the majors. The applicant's request is based on the need to have flexibility in the retail construction schedule, as it will be developed by a third party developer. This is a deviation from the original intent that all in -line stores be developed at the same time, or adequate embellishment of otherwise exposed walls be provided. The applicant states that the spirit of the condition will be satisfied in that any retail not constructed will be supplemented by PP05:07:96 /3:40pmA: \5JUN96.CC 3 000090 additional temporary architecture and landscape treatment as represented in the attached exhibits and that the City could maintain control over compliance through the issuance of occupancy permits for the majors. Staff Analysis The purpose of requiring a Minor Modification for the construction of the Market as a stand alone building is to insure that the architectural integrity of the shopping center remains consistent with the approved elevations. The proposed temporary west and south elevations combined with the temporary landscaping proposed for the area of future shops as submitted by the applicant will serve to both maintain the architectural theme of the shopping center. Staff recommends that a condition be imposed requiring that bermed landscaping be provided to help buffer the doors to be located along the west elevation of Shop Building No. 1. In addition, staff recommends that a condition of approval be imposed requiring commencement of construction of Shops 1 and 2 prior to issuance of a certificate of occupancy for either the drug store or market and that the shop buildings be completed within 6 months of issuance of a Certificate of Occupancy for either of the Major Tenants. Pursuant to Resolution No. 88 -523, the Director has the authority to approve or deny Minor Modifications. However, the Director of Community Development is deferring the matter to the City Council because: a) The Director does not have the authority to modify a City Council approved condition of approval; and b) The applicant is requesting a City Council interpretation regarding the prohibition of drive -thru accesses. Recommendation: Approve the attached resolution to approve Minor Modification No. 1 to Major Modification No. 1 to CPD 90 -2. Attachments: 1. Resolution approving Minor Modification 2. Site Plan and elevations PP05:07:96 /3:40pmA : \5JUN96.CC 4 OWWA RESOLUTION NO. CC -96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 1 to MAJOR MODIFICATION NO. 1 TO COMMERCIAL PLANNED DEVELOPMENT NO. 90 -2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: WHEREAS, on December 6, 1995, the City Council approved Resolution No. 95 -1164 on the application of American Stores Properties, Inc. approving Major Modification No. 1 to CPD 90 -2 for reduction in size of the shopping center from 122,400 s.f. to 118,783 s.f.; and WHEREAS, on May 7, 1996, American Stores Properties, Inc. applied for Minor Modification No. 1 to Major Modification No. 1 to CPD 90 -2, and; WHEREAS, at its meeting on June 5, 1996, the City Council discussed Minor Modification No. 1 and approved the Minor Modification with conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council has determined that approval of the Minor Modification is categorically exempt from CEQA requirements as a Class 1 exemption for minor alterations. SECTION 2. The Council approves Minor Modification No.l to Major Modification No.1 to CPD 90 -2, subject to the following conditions: 1. Commencement of construction of Shops 1 and 2 shall be "use inaugurated" prior to issuance of a certificate of occupancy for either the drug store or market. Completion of the shop buildings shall be completed within six months of issuance of a Certificate of Occupancy of the major tenants. Prior to issuance of a Certificate of Occupancy for either of the Major Tenants, the applicant shall submit to the City a performance bond guaranteeing completion of the shop buildings. 2. Drive -thru access for the pad areas shall be reviewed on a case by case basis by the City Council through a Minor Modification process. PP05:07:96 /3:40pmA: \5JUN96.CC 5 000092 3. All Minor Modification No. 1 to Major Modification No. 1 to CPD 90 -2 is also subject to the same conditions as Major Modification No. 1 to CPD 90 -2, unless amended by this Resolution. PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF JUNE, 1996. ATTEST: Lillian E. Hare City Clerk PP05:07:96 /3:40pmA: \5JUN96.CC C Paul W. Lawrason, Jr. Mayor 0000913