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Home My WebLink AboutRES CC 1999 1568 1999 0203RESOLUTION NO. 99 -1568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 2 TO PLANNED DEVELOPMENT PERMIT 943 ON THE APPLICATION OF ROBERT SOFSKY FOR AN INDOOR SEATING AREA IN A DETACHED STRUCTURE TO BE USED FOR DINING AT THE SECRET GARDEN RESTAURANT, 255 EAST HIGH STREET (APN 512 -0- 093 -185). WHEREAS, on December 30, 1998, the applicant applied for Minor Modification No. 2 to Planned Development Permit No. 943; and WHEREAS, the Director of Community Development referred the matter to the City Council on February 3, 1999; and WHEREAS, at its meeting of February 3, 1999, the City Council considered the application filed by Robert Sofsky, requesting approval of Minor Modification No. 2 to Planned Development No. 943; and WHEREAS, at its meeting of February 3, 1999, the City Council, after review and consideration of the information contained in the staff report dated January 22, 1999, 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, the Downtown Specific Plan, and of the City's Municipal Code; Resolution No. 99 -1568 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; and 6. The Modification would not be detrimental to the public interest, health, safety, convenience, or welfare. SECTION 2. The City Council conditionally approves Minor Modification No. 2 to Planned Development No. 943 for: The construction of a 538 square foot detached enclosed patio structure to be used for dining in conjunction with an existing restaurant use. SECTION 3. Approval of Minor Modification No. 2 to Planned Development No. 943 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 February 3, 1999. The location and design of all site improvements shall be as shown on the plans, except or unless otherwise indicated herein. 2. Approval of a Zoning Clearance and obtaining Building Permits is required prior to construction of the patio enclosure. 3. All facilities and uses other than those specifically approved, are prohibited unless a modification application has been approved by the City of Moorpark. 4. 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. Resolution No. 99 -1568 Page 3 S. Applicant shall meet all permit requirements of the Fire Prevention and Building and Safety Department. 6. The applicant shall make modifications required to walls or breezeway width to comply with Fire and Building Codes. 7. No roof mounted equipment shall be permitted on the roof of the patio enclosure. 8. Prior to the issuance of building permits, the applicant shall enter into an agreement for a minimum of six (6) parking spaces to be used for valet parking. This agreement shall comply with Code requirements for off -site parking and shall be submitted to the City for review and approval. 9. The patio structure may be used for dining only for the lifetime of the lease executed for valet parking. The expiration or termination of the lease shall automatically result in the termination of the approval to utilize the patio structure approved under this permit for dining or any other public assembly purpose. Should the lease for valet parking be terminated or expire a substitute location for valet parking may be requested through submission of a Zoning Clearance which, if approved prior to the end of the lease in effect at the time for valet parking, will allow continuation of the dining use in the patio structure. A minimum of three (3) off -site parking spaces at an approved location must be maintained at all times to allow the operation of the existing restaurant (1,950 sq.ft.) to continue in compliance with the parking provisions of the Municipal Code. 10. Parking shall be in designated parking spaces only. 11. Prior to issuance of a Zoning Clearance for construction, the applicant shall submit a revised site plan that includes the improvements as modified by this permit. 12. 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. Resolution No. 99 -1568 Page 4 13. A Sign Permit approved by the Director of Community Development is required for all on -site signs. No off - site signs are permitted. 14. The Director of the 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 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. All lighting shall comply with Section 17.24.090 F of the Zoning Code. 16. All Conditions of Approval for Planned Development No. 943 and Minor Modification No.l apply to this project, except as modified by this Minor Modification No.2 17. The permittee's acceptance of this permit and /or commencement of construction shall be deemed to be acceptance by the permittee of all conditions of this permit. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED THIS 3rd DAyFEB RUA.A ,999. ATTEST: Du..p Deborah S. Traffenste City Cler lc nter, Major Resolution No. 99 -1568 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk Moorpark, California, do hereby certify perjury that the foregoing Resolution adopted by the City Council of the City meeting held on the 3rd day of February, same was adopted by the following vote: of the City of under penalty of No. 99 -1568 was of Moorpark at a L999, and that the AYES: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 9th day of February, 1999. Deborah S. Traffenste t, City Clerk -� (seal)