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HomeMy WebLinkAboutRES CC 1997 1415 1997 1218RESOLUTION NO. 97 -1415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING MINOR MODIFICATION NO. 3 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 96 -2 LOCATED AT 561 NEW LOS ANGELES AVENUE ON THE APPLICATION OF MOORPARK- CAYMUS PROPERTIES FOR A PROPOSED OUTSIDE SEATING AREA (APN 511 -0- 101 -340). WHEREAS, on October 15, 1997, the applicant applied for Minor Modification No. 3 to Commercial Planned Development Permit No. 96 -2 for a proposed outside patio with seating at the Starbucks Coffee located at 561 New Los Angeles Avenue; and WHEREAS, the Director of Community Development recommended conditional approval of the application to the City Council in the staff report dated December 5, 1997; and WHEREAS, at its meeting of December 17, 1997, the City Council considered the application filed by Moorpark - Caymus Properties, requesting approval of Minor Modification No. 3 to CPD 96 -2 for a proposed outside patio and seating at the Starbucks Coffee located at 561 New Los Angeles Avenue; and --- WHEREAS, at its meeting of December 17, 1997, the City Council after review and consideration of the information contained in the staff report dated December 5, 1997 has 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 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 1 exemption for the operation or alteration of a private 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; e. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; Resolution No. 97 -1415 Page 2 f. The Modification would not be detrimental to the public interest, health, safety, convenience, or welfare; and g. 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. 3 to CPD No. 96 -2 for a proposed outside seating area at 561 New Los Angeles Avenue. SECTION 3. Approval of Minor Modification No. 3 to CPD No. 96 -2 is hereby approved subject to the following conditions: 1) The number of seats shall not exceed one seat for each two seats inside the restaurant unless the applicant provides additional parking spaces at the rate of one space for every three seats and files an additional permit. Based upon the current inside seating and number of parking spaces provided a maximum of 10 outdoor seats may be allowed. 2) Approval of a Zoning Clearance is required prior to installation of the wrought iron railing. 3) No additional lighting shall be allowed without approval of an additional permit. All lighting shall comply with Section 17.24.090 F and 17.36.040 of the Zoning Code. 4) No amplified sounds shall be allowed for the outside seating area. 5) A Sign Permit approved by the Director of Community Development is required for all on -site signs. No off -site signs are permitted. 6) No on -site consumption of beer, wine or alcoholic beverages shall be allowed without approval of an additional permit from the City of Moorpark and the State Alcoholic Beverage Control Board. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 97 -1415 Page 3 PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF DECEMBER, � nns STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lisa Pope, Deputy City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 97 -1415 was adopted by the City Council of the City of Moorpark at a meeting held on the 17th day of December, 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 18th day of December, 1997. Lisa Pope, Deputy City Clerk