HomeMy WebLinkAboutRES CC 1997 1396 1997 1015RESOLUTION NO. 97 -1396
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING MINOR MODIFICATION NO. 1 TO MAJOR
MODIFICATION NO. 1 TO DEVELOPMENT PLAN NO. 318 ON THE
APPLICATION OF KAVLICO CORP. FOR CONSTRUCTION OF A 2,758
SQ.FT. CANOPY AT 14401 E. LOS ANGELES AVENUE (ASSESSOR
PARCEL NO. 513 -0- 010 -210)
WHEREAS, on August 19, 1997, the applicant applied for Minor
Modification No. 1 to Major Modification No. 1 to Development
Plan No. 318; and
WHEREAS, the Director of Community Development referred the
matter to the City Council on October 15, 1997; and
WHEREAS, at its meeting of October 15, 1997 the City Council
considered the application filed by Kavlico Corp., requesting
approval of Minor Modification No. 1 to Major Modification No. 1
to Development Plan No. 318 for construction of a 2,758 sq.ft.
canopy at 14401 E. New Los Angeles Avenue; and
WHEREAS, at its meeting of October 15, 1997, the City
Council after review and consideration of the information
contained in the staff report dated September 26, 1997, reached a
decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Based upon the information and findings presented
in the staff report and accompanying documents, and 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 project would not have a substantial
adverse impact on surrounding properties;
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Kavlico Corp.
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C. The Minor Modification is consistent with the intent
and provisions of the City's general Plan and of the
City Ordinance Code;
d. The Minor Modification is compatible with the character
of surrounding development;
e. The proposed Minor Modification would not be obnoxious
or harmful, or impair the utility of neighboring
property or uses;
f. The Modification would not be detrimental to the public
interest, health, safety, convenience, or welfare; and
g. The proposed project 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 Major Modification No. 1 to Development
Plan No. 318 for construction of a canopy.
SECTION 3. Approval of Minor Modification No. 1 to Major
Modification No. 1 to Development Plan No. 318 is hereby approved
subject to the following conditions:
1. Approval of a Zoning Clearance and Building Permit is
required prior to construction. Applicant shall meet
all permit requirements of the Building and Safety
Department.
2. Prior to approval of Zone Clearance, applicant shall
modify the site plan to provide for the construction of
seven additional parking spaces. These parking spaces
shall be constructed prior to the completion of the
canopy.
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Kavlico Corp.
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3. Applicant shall provide additional landscaping to
include a hedge of large shrubs (six to eight feet in
height) and additional trees in the planter adjacent to
the north side of the canopy and loading area (which
separates the two buildings) to screen the loading
areas. This landscaping shall be approved by the
Director of Community Development and shall be
installed prior to completion of the canopy.
4. Prior to approval of the Zone Clearance, the site plan
shall be revised to depict the loading zone adjacent to
the canopy.
5. Loading and unloading operations shall not be conducted
between the hours of 10:00 p.m. and 6:00 a.m. unless
approved by the Director of Community Development
6. Any outdoor ground level equipment and storage (such as
loading docks, shelter decks, generators, cooling
towers, etc.) which may be proposed shall be screened
from view by a wall, the design of which shall be
approved by the Director of Community Development or
his designee. The wall shall be constructed of material
and colors compatible with the main building.
7. No outside storage of any materials or overnight
parking of any semi - trucks or truck trailers beyond the
loading zones shall be permitted.
8. All proposed and existing lighting shall comply with
Section 17.24.090 F of the Zoning Code and conditions
of approval of DP 318. Any revisions to the lighting
shall require the prior approval of the Director of
Community Development.
9. Section 17.36.040 of the Zoning Code prohibits lighting
from a industrial site onto adjacent streets.
10. Colors and materials shall match the existing building.
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11. 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)
12. The applicant and 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. 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.
14. All conditions of approval in Resolution No. 85 -249 and
93 -914 apply unless amended by this Resolution.
15. Prior to completion, the applicant shall request the
City to enforce appropriate vehicle codes on the
subject property as permitted by Vehicle Code Section
21107.7.
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SECTION 4. The City Clerk shall certify to the adoption of
this Resolution.
PASSED, APPROVED, AND ADOPTED THIS 15 DAY OF OCTOBER, 1997.
ATTEST:
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. 97 -1396 was adopted by the City Council of the City
of Moorpark at a meeting held on the 15'h day of October, 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 16th day of October, 1997.
PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember