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HomeMy WebLinkAboutRES CC 1998 1507 1998 0902RESOLUTION NO. 98 -1507 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DENYING MINOR MODIFICATION NO. 1 TO MAJOR MODIFICATION NO. 1 OF C0144ERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -1 WITHOUT PREJUDICE (MARKETPLACE PARTNERS) WHEREAS, on December 12, 1997, the City Council adopted Resolution No. 97 -1413 approving Commercial Planned Development Permit No. 95 -1 Major Modification No.l; and WHEREAS, on February 18, 1998, the City Council adopted Resolution No. 98 -1442 approving Conditional Use Permit No. 98 -1; and WHEREAS, on July 27, 1998, the applicant applied for Commercial Planned Development Permit No. 95 -1 Minor Modification No. 1 for approval of a sign program; and WHEREAS, staff conduced an environmental review of the proposed application and determined that the project is Categorically Exempt from the California Environmental Quality Act requirements as a Class 1 exemption for the minor alteration of private structures. WHEREAS, the Director of Community Development recommended denial of Commercial Planned Development Permit No. 95 -1 Minor Modification No. 1 on September 2, 1998; and WHEREAS, the City Council after review and consideration of the information contained in the Staff Report and testimony which was received at the September 2, 1998, meeting reached a decision on this matter; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby denies Commercial Planned Development No. 95 -1 Minor Modification No. 1 without prejudice based on the findings set forth in section 2 and on information in the Staff Report dated September 2, 1998, which report in incorporated herein by reference as though fully set forth: SECTION 2. The City Council adopts the following findings: 1. The Minor Modification is not consistent with the intent and provisions of the City's General Plan; the City's Zoning Ordinance; and conditions of approval for this development. Resolution No. 98 -1507 Page 2 2. The Minor Modification is not compatible with the character of surrounding development. 3. The conditionally permitted use is not compatible with existing and planned land uses in the general area where the development is to be located. SECTION 3. A sign program which meets all requirements of the Zoning Ordinance and all conditions of approval of Resolution No's 96 -1204 and 97 -1413 may be approved by staff with a Zoning Clearance upon consideration of Kindercare as a Major Tenant for calculation of allowed signage. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED er, Mayor ATTEST: , 1998. Resolution No. 98 -1507 Page 3 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 -1507 was adopted by the City Council of the City of Moorpark at a meeting held on the 2nd day of September, 1998, 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 21st day of September, 1998. Deborah S. Traffenstedt, My Clerk rr (seal)