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Home My WebLink AboutRES CC 1998 1544 1998 1118RESOLUTION NO. 98 -1544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 1 TO PLANNED DEVELOPMENT PERMIT 951 ON THE APPLICATION OF KENNETH CHANDLER FOR AN OUTSIDE SEATING AREA WITH AN ENCLOSURE TO BE USED FOR OUTSIDE DINING AT THE SUBCONTRACTOR RESTAURANT, 50 MOORPARK AVENUE (APN 512- 0 -111- 320) . WHEREAS, on October 5, 1998, the applicant applied for Minor Modification No. 1 to Planned Development Permit No. 951; and WHEREAS, the Director of Community Development referred the matter to the City Council on November 18, 1998; and WHEREAS, at its meeting of November 18, 1998, the City Council considered the application filed by Kenneth Chandler, requesting approval of Minor Modification No. 1 to Planned Development No. 951; and WHEREAS, at its meeting of November 18, 1998, the City Council, after review and consideration of the information contained in the staff report dated November 6, 1998, 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: 1. The project is Categorically Exempt from CEQA requirements as a Class 3 exemption, construction of an accessory structure; 2. The proposed project, as conditioned, would not have a substantial adverse impact on surrounding properties; 3. The Minor Modification is consistent with the intent and provisions of the City's General Plan and of the City's Municipal Code; Resolution No. 98 -1544 Page 2 4. The Minor Modification is compatible with the character of surrounding development; 5. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; 6. 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 Planned Development No. 951 for: 1. The addition of a 331 square foot raised concrete patio and enclosure for outdoor dining with sixteen (16) seats. 2. Installation of a twenty -three and a half (23.5) foot long vinyl awning with a projection of two and a half (2.5) feet on the east elevation of an existing commercial building. SECTION 3. Approval of Minor Modification No. 1 to Planned Development No. 951 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 November 18, 1998. The location and design of all site improvements shall be as shown on the plans, except or unless otherwise indicated herein. 2. The outdoor dining area is limited to use during normal business hours (10:00 a.m, and 8:00 p.m.), and shall be limited to a maximum of 16 people. 3. Approval of a Zoning Clearance and obtaining Building Permits is required prior to construction of the outdoor patio and enclosure. Resolution No. 98 -1544 Page 3 4. All facilities and uses other than those specifically approved, are prohibited unless a modification application has been approved by the City of Moorpark. 5. All planters must be encompassed by a six (6) inch high concrete curb. 6. Prior to issuance of a Zoning Clearance for construction, a landscaping and irrigation plan shall be submitted to the Director of Community Development for review and approval. 7. 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. 8. Applicant shall meet all permit requirements of the Building and Safety Department. 9. Applicant shall re -pave and re- stripe the parking lot consistent with the requirements of Zoning Clearance No. 98 -145. 10. Parking shall occur in designated parking spaces only. 11. 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. 12. A Sign Permit approved by the Director of Community Development is required for all on -site signs. No off - site signs are permitted. 13. Signs, including window signs, are not permitted on any portion of the enclosure. 14. The Director of Community Development Department 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 Resolution No. 98 -1544 Page 4 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) 15. Prior to the 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. 16. Prior to issuance of a Zoning Clearance for construction, the applicant shall submit new plans which include the modifications to the patio enclosure to provide a minimum height of four (4) feet above the patio deck and to provide a door at the south entrance to the deck area subject to approval by the Director of Community Development. 17. The lighting in the parking lot shall be adequate to make discernible the appearance and conduct of all persons in the parking area and sidewalk. 18. The exposed portions at the base of the raised patio shall incorporate either stucco with red brick capping or shall consist of solely red brick caps. Additionally, the enclosure panels shall incorporate a decorative trim on top of each enclosure panel. 19. All lighting shall comply with Section 17.24.090 F of the Zoning Code. 20. Food shall be available during all business hours that alcoholic beverages are available for sale. 21. Applicant must provide the Director of Community Development with a copy of the Alcoholic Beverage Control (ABC) approval and conditions prior to the sale of any alcoholic beverages. 22. Trash container must be screened by an architecturally integrated reinforced concrete or masonry walls with a minimum height of five (5) feet and shall be secured by means of metal gates. Resolution No. 98 -1544 Page 5 23. The removal of indoor seating or addition of outdoor seating beyond that approved in this modification and as shown in the approved site plan will require an additional permit. 24. A Zoning Clearance is required for occupancy. 25. All Conditions of Approval for Planned Development No. 951 apply to this project, except as modified by this Minor Modification No.l SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 18TI DAY 1998. �1 ter, Mayor ATTEST: Deborah S. Traffens dt, City Cle '. <` R, Resolution No. 98 -1544 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. 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 -1544 was adopted by the City Council of the City of Moorpark at a meeting held on the 18th day of November, 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 24th day of November, 1998. Deborah-S. TraffenseMt, City Clerk o >Q'` c,vo, (seal)