HomeMy WebLinkAboutRES CC 1997 1384 1997 0917RESOLUTION NO. 97 -1384
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA APPROVING MINOR MODIFICATION NO. 1 TO PLANNED
DEVELOPMENT PERMIT 943 ON THE APPLICATION OF ROBERT
SOFSKY FOR A OUTSIDE SEATING AREA AND LANDSCAPE GARDEN
AREA FOR HOSTING SPECIAL EVENTS AT THE SECRET GARDEN
RESTAURANT, 255 E. HIGH STREET (AN 512 -0- 093 -185).
WHEREAS, on August 13, 1997, the applicant applied for Minor
Modification No. 1 to Planned Development Permit No. 943; and
WHEREAS, the Director of Community Development referred the
matter to the City Council on September 17, 1997; and
WHEREAS, at its meeting of September 17, 1997, the City
Council considered the application filed by Robert Sofsky,
requesting approval of Minor Modification No. 1 to PD 943; and
WHEREAS, at its meeting of September 17, 1997, the City
Council after review and consideration of the information contained
in the staff report dated September 2, 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 project would not have a substantial adverse
impact on surrounding properties;
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;
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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
SECTION 2. The City Council conditionally approves Minor
Modification No. 1 to PD 963 for:
1) The addition of a 1,421 square foot concrete patio for
outdoor dining with 34 seats.
2) Creation of a 6,300 sq.ft. landscaped garden area in the
rear of the lot for hosting special events.
SECTION 3. Approval of Minor Modification No. 1 to PD 963 is
hereby approved subject to the following conditions:
1. The permit is granted for the land and project as shown on the
submitted plot plan, elevations, floor plans and other
exhibits displayed at the City Council meeting on September
17, 1997. The location and design of all site improvements
shall be as shown on the plans, except or unless otherwise
indicated herein.
2. Prior to the issuance of a Zoning Clearance for occupancy, the
applicant shall demonstrate that there is a lease agreement
which allows the applicant to have the total required parking
spaces as required by the City's Municipal Code. The parking
shall be provided for the duration of the permit and shall be
reflected in the lease agreement between the lessor and the
lessee of the property. If the applicant is unable to obtain
agreement with private party, he shall work with the City for
credit of parking spaces on City property and /or the
Metrolink parking lot.
3. Activities or other uses during normal weekday business hours
(8:00 a.m. to 5:00 p.m.), and uses other than restaurant uses
shall be limited to a maximum of 32 people.
4. A sign permit is required for all on -site signs to be approved
by the Director of Community Development.
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5. All facilities and uses other than those specifically
approved, are prohibited unless a modification application has
been approved by the City of Moorpark.
6. Approval of a Zoning Clearance and obtaining Building Permits
is required prior to construction of the outdoor patio.
7. The patio must be entirely located within the subject
property.
8. Prior to issuance of a Zoning Clearance for construction,
applicant shall obtain permits required for backflow preventer
from the Building Division.
9) Existing wall shall meet the requirements for a decorative
wall to screen the parking area.
10. The parking stalls shall be lengthened to 20 feet long and the
proposed compact parking space located adjacent to the west
wall of the building shall be eliminated.
11. All lighting shall comply with Section 17.24.090 F of the
Zoning Code.
12. Any live entertainment on site other than soft music such as
with flute and harp or amplified music not audible past the
property line (inside the building, on the patio or garden)
will require an additional permit.
13. Applicant shall meet all permit requirements of the Building
and Safety Department.
14. 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.
15. Applicant shall re- stripe the parking lot.
16. No on -site consumption of beer and wine or alcoholic beverages
shall be allowed without approval of an additional permit from
the City and State Alcoholic Beverage Control Board.
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17. 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.
18. A Sign Permit approved by the Director of Community
Development is required for all on -site signs. No off -site
signs are permitted.
19. 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)
20. Prior to Issuance of a Zoning Clearance for Occupancy, the
applicant shall request the City to enforce appropriate
vehicle codes on subject property as permitted by Vehicle Code
Section 21107.7.
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution.
PASSED, APPROVED, AND ADOPTED THIS 17 ,DAY OF SEPTEN3AR, 1997.
ATTEST:
ick Wnt6r, Mayor
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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 -1384 was adopted by the City Council of the City of
Moorpark at a meeting held on the 17* day of September, 1997, and that the same was adopted by
the following vote:
AYES: Councilmembers Evans, Perez, Wozniak and Mayor Hunter
NOES: None
ABSENT: Councilmember Teasley
ABSTAIN: None
WITNESS my hand and the official seal of said City this 13th day of November, 1997.
Lillian E. Hare, CMC
City Clerk