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HomeMy WebLinkAboutAGENDA REPORT 2002 0123 CC ADJ ITEM 09FMOORPARK CITY COUNCIL AGENDA REPORT ITEM 1. r.0. CIf of TO: Honorable City Council FROM: Deborah S. Traffenstedt, Acting Director of Community Development _3)eT Prepared by: Laura Stringer, Senior Management Analysstt, DATE: Januar y 18 2002 (CC Meetin g of 1/23/02) u SUBJECT: Consider Commercial Planned Development Permit No. 2000 -02 for a 2,868 Square Foot Jack -in- the -Box Restaurant with Drive - through Service and a 17,196 Square Foot Two -story Retail /Office Building on Property Located on the South Side of Los Angeles Avenue One Property West of the Southwest Corner of Los Angeles Avenue /Leta Yancy Road, North of the Arroyo Simi, on the Application of Jack -in- the -Box Restaurants and Acres Realty (Assessors Parcel No. 506 -0 -05 -050) DISCUSSION This item was considered by City Council at a public hearing on January 16, 2002. At that time, the Council continued the item, public hearing open, to the Adjourned Meeting of January 23, 2002. City Council also directed staff to return on January 23, 2002, with a resolution for denial without prejudice (Attachment 1) . Subsequent to the meeting of January 16, 2002, staff received a request from the applicant for withdrawal of the application for Commercial Planned Development (CPD) Permit No. 2000 -02 (Attachment 2). STAFF RECOMMENDATION 1. Accept public testimony and close the public hearing. 000153 S: \Community Development\Everyone \City Council Agenda Reports \cc- 020123SR CPD 2000 -02 Jack in the Box.doc Honorable City Council January 23, 2002 Meeting Page 2 2. Adopt Resolution No. 2002 - without prejudice, or accept withdrawal. Attachments: denying CPD No. 2000 -02 the applicant's request for 1. Resolution for denial without prejudice. 2. Letter from applicant dated January 18, 2002 000154 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DENYING WITHOUT PREJUDICE COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2000 -02 ON THE APPLICATION OF JACK -IN- THE -BOX RESTAURANTS AND ACRES REALTY LOCATED ONE PROPERTY WEST OF THE SOUTHWEST CORNER OF LOS ANGELES AVENUE /ZETA YANCY ROAD, NORTH OF THE ARROYO SIMI (ASSESSOR PARCEL NO. 506 -0 -05 -050) WHEREAS, at a duly noticed public hearing on January 16, 2002 and at a continued public hearing on January 23, 2002, the City Council considered the application filed by Jack -in- the -Box Restaurants and Acres Realty for Commercial Planned Development Permit No. 2000 -02 for construction of a 2,868 square foot Jack - in- the -Box Restaurant with drive - through service and a 17,196 square foot two -story retail /office building located one property west of the southwest corner of Los Angeles Avenue /Leta Yancy Road (Assessor Parcel No. 506 -0 -05 -050); and WHEREAS, at its meeting on January 16, 2002, the City Council opened the public hearing and accepted public testimony from all those wishing to testify and continued the item, public hearing open, to an adjourned meeting of January 23, 2002; and Whereas, on January 23, 2002, the City Council closed the public hearing; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council staff reports and testimony received has reached its decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Uniform, consistent and reliable traffic circulation, including safe movement of vehicles is a paramount concern to the City Council. SECTION 2. Based on information contained in the application, staff reports and public testimony presented to the City Council, the City Council finds that the "Project" will create adverse impacts regarding: circulation associated with the Project; inconsistency of the project with General Plan Policies; insufficient landscaping to minimize adverse impacts on adjacent residential land uses; and incompatibility with the character of the surrounding existing and proposed land uses. ATTACHMENT o r% 000155 Resolution No. 2002 - CPD 2000 -02 (Jack -in- the -Box Restaurants and Acres Realty) Page 2 SECTION 3. City Council further finds that the Project would be detrimental to the public interest and safety. SECTION 4. The City Council hereby denies Commercial Planned Development Permit No. 2000 -02 without prejudice. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 23rd day of January, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk S: \Community Development \Everyone \Re solutions and Conditions \cc 020123 CPD 2000 -02- denial reso.doc 000156 JRN -18 -2002 14:59 • Jack in the Box Inc. January 18, 2002 JACK IN THE BOX 626 858 0328 P.01i01 Post -it* Fax Note 7671 I Date /�IJ/,,-42 Iaas P1 / I To ram Co DeptP/2jN� • /�lA,c%/ °o 4r.�' /�/ '.Z: BdX Phones Phone Fax # BOA' 529 p 27o Fax # Ms. Deborah Treffenstedt, Acting Director of Community Development City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: CPD Case No. 2000 -02 Jack in the Box Restaurant and Commercial/Retail Development Dear Ms Treffenstedt, Via FAX and U.S. Mail I hereby request that you withdraw our application for the above referenced project. Kindly insure that all activity with regards to the upcoming City Council hearing and related case processing is likewise terminated. Allow me to thank you and your staff for assisting us with this project and we are looking forward to the development of future facilities as opportunities are presented to us. Respectfully submitted, Mike Palmer, RA Construction Manager C: Ms. Nancy Hilliard, Director of Real Estate, Jack in the Box, Los Angeles Region Mr. Walt Mitchell, Director of Construction, Jack in the Box, Los Angeles Region Internal Distribution file ATTACHMENT 000157 TOTAL P.01