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HomeMy WebLinkAboutRES CC 1996 1217 1996 0814RESOLUTION NO. 96 -1217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING APPEAL NO. 96 -1 AND DENYING CONDITIONAL USE PERMIT NO. 95 -2 (BOUKHARI), RELATED TO ASSESSOR'S PARCEL NUMBER NO. 513- 0 -060- 27 WHEREAS, the Planning Commission adopted Resolution No. 96 -319 on May 13, 1996 approving Conditional Use Permit No. 95 -2 for a 2,800 square foot Mini - Market /Deli selling groceries, snack items and beverages, including beer and wine for off - premises consumption with detached six gasoline islands with canopy for self -serve gasoline sales (the "Project "). The Assessor's Parcel No. is 513 -0- 060 -27; and WHEREAS, on May 6, 1996, the City received Appeal No. 96- 1 on the application of Aquaria, Inc., Sherman Family Investment Group, Ltd., Teledyne Laars and Kavlico Corporation requesting that the City Council overturn the Planning Commission's decision approving Conditional Use Permit No. 95 -2; and WHEREAS, at duly noticed meetings on June 19, July 2, and August 7, 1996, the City Council considered the application for Appeal No. 96 -1; and WHEREAS, at its meeting of June 19, 1996, the City Council opened the duly noticed public hearing, took testimony from all those wishing to testify and continued the public hearing to July 2, 1996; and WHEREAS, on July 2, 1996, the City Council took testimony from all those wishing to testify, closed the public hearing and continued the hearing to August 7, 1996; and WHEREAS, on August 7, 1996, after review and consideration of the information contained in the Planning Commission Staff Report dated May 9, 1996, the City Council Staff Reports dated May 9 and June 25 1996, and the Mitigated Negative Declaration and Initial Study prepared for the "Project" site, including supplemental traffic studies and information, the City Council approved Appeal No. 96 -1 and denied Conditional Use Permit No. 95 -2. A: \DENY.RES 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Uniform, consistent and reliable traffic circulation, including safe movement of vehicles, pedestrians, and bicyclists, is a paramount concern to the City Council. SECTION 2. Based on information contained in the staff reports, public testimony and other information, including supplemental traffic studies presented to the City Council; the City Council finds that due to adverse impacts regarding additional traffic generated as a result of the "Project ", traffic circulation associated with the "Project ", and the "Project's proximity to existing freeway ramps, the "Project" would be detrimental to the public interest, health, safety, convenience or welfare. SECTION 3. The City Council approves Appeal No. 96 -1 appealing the action of the Planning Commission approving Conditional Use Permit No. 95 -2 to permit a service station /mini- mart at the northeast corner of Los Angeles Avenue and Condor Drive on Assessor's Parcel No. 513 -0- 060 -27. SECTION 3. The City Council denies Conditional Use Permit No. 95 -2. PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF AUGUST, 1996 j I ' 1I1I Al Paul W. rason Jr. Mayor ATTEST: A: \DENY.RES 2 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 96 -1217 was adopted by th hCity CounXj�6U ?f the City of Moorpark at a meeting held on the ]4 day of u , 1996, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and day of AUGUST , 1996 BROWN, HUNTER, PEREZ, WOZNIAK AND MAYOR LAWRASON the official seal of said City this 22nd an E. Hare, City Clerk PAUL W. LAWRASON JR. JOHN E. WOZNIAK ELOISE BROWN PATRICK HUNTER BERNARDO M. PEREZ Mayor Mayor Pro Tem Councilmember Councilmember Councilmember