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HomeMy WebLinkAboutRES CC 1997 1366 1997 0820RESOLUTION NO. 97 -1366 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING MINOR MODIFICATION NO. 1 TO PLANNED DEVELOPMENT PERMIT 862 (LA GLORIA MARKET)LOCATED AT 375 MOORPARK AVENUE ON THE APPLICATION OF MAURO MARTINEZ FOR THE CONSTRUCTION OF AN OUTDOOR PATIO (APN 511 -0- 101 -340). WHEREAS, on March 24, 1997, the applicant applied for Minor Modification No. 1 to Planned Development Permit No. 862; and WHEREAS, the Director of Community Development referred the matter to the City Council on August 20, 1997; and WHEREAS, at its meeting of August 20, 1997, the City Council considered the application filed by the La Gloria Market, requesting approval of Minor Modification No. 1 to PD 862; and WHEREAS, at its meeting of August 20, 1997, the City Council after review and consideration of the information contained in the staff report dated July 31, 1997 and reached a decision on this matter; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon information in the Staff Report and accompanying information and information from the public testimony, the City Council finds that: a. The project is Categorically Exempt from CEQA requirements as a Class 3 exemption, construction of an accessory structure; b. The proposed use is equivalent to temporary outside seating and shall not affect parking requirements; c. The proposed project would not have a substantial adverse impact on surrounding properties; d. The Minor Modification is consistent with the intent and provisions of the City's general Plan and of the City Ordinance Code; e. The Minor Modification is compatible with the character of surrounding development; Reso 97 -1366 PD 862 Minor Mod 1 (Martinez) Page 2 f. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; g. The Modification would not be detrimental to the public interest, health, safety, convenience, or welfare; and h. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. SECTION 2. The City Council conditionally approves Minor Modification No. 1 to PD 862 for the construction of an outside patio for dining. SECTION 3. Approval of Minor Modification No. 1 to PD 862 is hereby approved subject to the following conditions: 1) Approval of a Zoning Clearance and obtaining Building Permits is required prior to construction of the outdoor patio. 2) The patio must be entirely located within the subject property. 3) A landscaping and irrigation plan,shall be submitted to the Director of Community Development for review and approval to include trees, shrubs and ground cover. 4) The wall enclosing the patio shall have a decorative cap. 5) All lighting shall comply with Section 17.24.090 F of the Zoning Code. 6) No amplified sounds (of any type) shall be allowed on the patio. Any live entertainment on site (inside the building, on the patio or parking lot) will require an additional permit. 7) Applicant shall meet all permit requirements of the Building and Safety Department. Reso 97 -1366 PD 862 Minor Mod 1 (Martinez) Page 3 8) The continued maintenance of the landscaping, permit area, and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 9) Section 17.36.040 of the Zoning Code prohibits lighting from a commercial site onto adjacent streets. Lighting from the patio could distract traffic. 10) Applicant shall re- stripe the parking lot as depicted in Exhibit A of Planned Development Permit 862 Minor Modification 1. 11) No on -site consumption of beer and wine or alcohlolic beverages shall be allowed without approval of an additional permit from the City and State Alcoholic Beverage Control Board. 12) Applicant and the successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. 13) A Sign Permit approved by the Director of Community Development is required for all on -site signs. No off - site signs are permitted. 14) Applicant shall provide for non - exclusive reciprocal parking and ingress /egress, easements between and on behalf of all the owners of the comnmercial development at Assessors Parcel Map Nos. 511 -0 -101 -330 and 511- 0 -101- 340 (adjoining property to the north) . Said easements shall be provided by a city approved document and shall be reviewed and approved by the Director of Community Development. Reso 97 -1366 PD 862 Minor Mod 1 (Martinez) Page 4 15) The Director of Community Development may declare a development project that is not in compliance with the conditions of approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Moorpark Municipal Code Section 1.12.080) 16) Prior to issuance of Zoning Clearance, the applicant shall request the City to enforce the appropriate vehicle codes on the subject property as permitted by Vehicle code Section 21107.7, however, enforcement shall not commence until enforcement from the adjoining property owner to the North also requests enforcement. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 20 DAY OF AUGUST, 1997. ATTEST: Lillian E. Hare, City C1 MOORPARK _ 799 Moorpark « I d r; ire ?',form 2� — (P-. 5: 5 :L 6,ol — 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. 97- 1366 was adopted by the City Council of the City of Moorpark at a meeting held on the 20th day of AUGUST 1997, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS EVANS, PEREZ, TEASLEY, WOZNIAK AND MAYOR HUNTER NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 25th day of AUGUST . , 1997• C[� 'illian E. Hare, CMC ity Clerk PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DFRRIF M0nr,FRS TFAC1 Gv mull C Wr 7GU AL