HomeMy WebLinkAboutRES CC 1998 1441 1998 0218RESOLUTION NO. 98 -1441
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA APPROVING MINOR MODIFICATION NO. 6 TO PLANNED
DEVELOPMENT PERMIT NO. 966 LOCATED AT 530 NEW LOS ANGELES
AVENUE # 109 ON THE APPLICATION OF FIDEL BARCENAS FOR A
PERMANENT OUTSIDE SEATING AREA (APN 512 -0- 150 -700).
WHEREAS, on December 10, 1997, the applicant applied for
Minor Modification No. 6 to Planned Development Permit No. 966
for a permanent outside seating at Lalo's Restaurant, located at
530 New Los Angeles Avenue # 109; and
WHEREAS, The project is Categorically Exempt from CEQA
requirements as a Class 1 exemption for the operation or
alteration of a private structure; and
WHEREAS, the Director of Community Development recommended
conditional approval of the application to the City Council in
the staff report dated January 26, 1998; and
WHEREAS, at its meeting of February 18, 1998, the City
Council considered the application filed by Fidel Barcenas,
requesting approval of Minor Modification No. 6 to PD 966 to
establish permanent outside seating at the Lalo's Restaurant
located at 530 New Los Angeles Avenue # 109; and
WHEREAS, at its meeting of February 18, 1998, the City
Council after review and consideration of the information
contained in the staff report dated January 26, 1998, has reached
a decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Relating to the standards specified in Section
17.44.030.A.2 of the Moorpark Municipal Code, the City Council
hereby finds that:
a. The Minor Modification is consistent with the intent and
provisions of the City's General Plan and of the Zoning
Ordinance in that the addition of permanent outside seating
has been determined to be acceptable when in conformance
with existing ordinance provisions relating to temporary
outdoor seating;
b. The Minor Modification is compatible with the character of
surrounding development in that the location includes a mix
of commercial services and uses including restaurants that
provide services to the community residents and visitors;
Resolution No. 98 -1441
Fidel Barcenas
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C. The proposed Minor Modification would not be obnoxious or
harmful, or impair the utility of neighboring property or
uses in that no walkways, store entrances, driveways or
parking spaces will be impacted through approval of this
permit;
d. The Modification would not be detrimental to the public
interest, health, safety, convenience or welfare since
restaurants are a permitted use within Commercial Planned
Development zones;
e. The proposed Modification is compatible with the scale,
visual character and design of the surrounding properties,
designed so as to enhance the physical and visual quality of
the community, and the structure(s) have design features
which provide visual relief and separation between land uses
of conflicting character in that the location, design and
appearance of the tables will complement the design and
color of the existing building.
SECTION 2. The City Council conditionally approves Minor
Modification No. 6 to PD No. 966 for a proposed outside seating
area at 530 New Los Angeles Avenue # 109.
SECTION 3. Approval of Minor Modification No. 6 to PD No.
966 is hereby approved subject to the following conditions:
1) No on -site consumption of alcoholic beverages other that the
previously approved beer and wine shall be allowed without
approval of an additional permit from the City of Moorpark
and the State Alcoholic Beverage Control Board. Any
consumption of alcoholic beverages in the outdoor seating
area shall comply with all requirements of the Alcoholic
Beverage Control Board.
2) The number of seats shall not exceed one seat for each two
seats inside the restaurant (seating limited to a maximum of
36 seats) unless the applicant provides additional parking
at the rate of one space for every three seats and files for
a modification to the Permit, or a code amendment is
approved.
3) Applicant shall install a three foot tall decorative wrought
iron fence around the perimeter of the seating area within
one month of installation of the tables, except in areas
where building access for Lalo's customers is provided.
Approval of a Zoning Clearance is required prior to
installation of the tables and wrought iron fence. The fence
is intended to control access to the areas where food and
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beverages are consumed and to prevent encroachment on the
required walkway and access areas.
4) 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.
5) No amplified sounds shall be allowed for the outside seating
area.
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution.
PASSED, APPROVED, AND ADOPTED THIS 18' DAY OF FEBRUARY,
1998.
ATTEST
Deborah S. Traffenste , City Clerk
Resolution No. 98 -1441
Fidel Barcenas
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that the
foregoing Resolution No. 98 -1441 was adopted by the City Council of
the City of Moorpark at a meeting held on the 18th day of February,
1998, and that the same was adopted by the following vote:
AYES: Councilmembers Evans, Perez, Teasley, Wozniak
NOES: None
ABSENT: Mayor Hunter
ABSTAIN: None
WITNESS my hand and the official seal of said City this 25th
day of February, 1998.
Deborah S. Traffensttdt, City Clerk
(seal)