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HomeMy WebLinkAboutRES CC 2000 1769 2000 0802RESOLUTION NO. 2000 -1769 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING MINOR MODIFICATION NO. 4 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92 -2 (MCDONALD'S RESTAURANT) FOR INSTALLATION OF MENU BOARD SIGNAGE AT THE DRIVE - THROUGH OF MCDONALD'S RESTAURANT LOCATED AT THE NORTHEAST CORNER OF NEW LOS ANGELES AVENUE AND SPRING ROAD (APN 512 -0 -180 -080) WHEREAS, on May 19, 2000, the owner of McDonald's Restaurant applied for Minor Modification No. 4 to Commercial Planned Development Permit No. 92 -2 to install 79.2 square feet of menu board signage located at the McDonald's Restaurant drive - through; and WHEREAS, the Director of Community Development referred the matter to the City Council for consideration on August 2, 2000; and WHEREAS, at the meeting of August 2, 2000, the City Council considered the application filed by Debbie Voss requesting approval of Minor Modification No. 4 to Commercial Planned Development Permit No. 92 -2; and WHEREAS, at the meeting of August 2, 2000, the City Council after review and consideration of the information contained in the staff report dated July 21, 2000, reached a decision on this matter; and WHEREAS, this use will not have the potential to cause a significant effect on the environment and qualifies for exemption from the provisions of the California Environmental Quality Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented in this Resolution, accompanying documents and public testimony, the City Council finds that: a. Minor Modification No. 4 will not have the potential to cause a significant effect on the environment and a Class 11 exemption from the provisions of the California Environmental Quality Act for the installation of signs on existing commercial structures may be granted pursuant to Section 15061 of the CEQA guidelines. Resolution No. 2000 -1769 Page 2 b. Minor Modification No. 4 is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code. c. This modification is compatible with the character of surrounding development. d. This modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses. e. Minor Modification No. 4 would not be detrimental to the public interest, health, safety, convenience, or welfare. f. The proposed modification is compatible with existing and planned land uses in the general area where the development is to be located. g. The proposed modification would not have a substantial adverse impact on surrounding properties. SECTION 2. The City Council conditionally approves Minor Modification No. 4 to Commercial Planned Development Permit No. 92- 2 for the installation of additional Menu Board Signs. SECTION 3. 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 2nd day of August, 2000. ATTEST: Deborah S. Traffenste t, City Attachment: Exhibit "A" - Conditions of Approval Resolution No. 2000 -1769 Page 3 EXHIBIT "A" Permitted Uses CDD -1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations as part of the City Council report dated July 25, 2000. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise by conditions within this Resolution. Other Regulations CDD -2. The development is subject to all applicable regulations of the CPD Zone, and all requirements and enactment's of Federal, State, Ventura County, the City and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. Discontinuance of Use CDD -3. Minor Modification No. 4 shall expire when the use for which it is granted is abandoned or discontinued for a period of 180 or more consecutive days. Use Inauguration CDD -4. Unless the project is inaugurated (substantial work in progress) not later than one (1) year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards inauguration of the project during the initial one year period. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. Prohibited Uses CDD -5. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a Modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a Modification to this permit. Resolution No. 2000 -1769 Page 4 Other Regulations CDD -6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. Severability CDD -7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Permittee Defense Costs CDD -8. The permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. Sign Permit prior to Building Permit CDD -9. Prior to approval of construction plans for plan check or initiation of any construction activity, a Sign Permit shall be obtained from the Department of Community Development. The Sign Permit shall include the location, specifications, design, color and materials of all existing and proposed signs on the site. If the applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Sign Permit with a City approved Hold Harmless Agreement. Acceptance of Conditions CDD -10. Prior to the issuance of a Sign Permit, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by the Conditions required for approval. Continued Maintenance CDD -11. The continued maintenance of the permit area and facilities, including but not limited to the condition of the Menu Board signage including any Preview Board and the landscaping, shall be subject to periodic inspection Resolution No. 2000 -1769 Page 5 by the City. any defects Enforcement notification. Graffiti Removal The permittee shall be required to remedy in maintenance, as indicated by the Code Officer within thirty (30) days after CDD -12. The applicant and his /her 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. Case Processing Costs CDD -13. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover all costs incurred by the City for processing and Condition Compliance review of this minor modification for increased signage. Zoning Enforcement Costs CDD -14. The Director of Community Development 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 (Municipal Code Section 1.12.080). Materials and Colors CDD -15. All exterior sign materials and paint colors shall be approved by the Director of Community Development. Size of Menu Boards CDD -16. The maximum allowed size of the Menu Board signage including any Preview Board shall be fifty -five (55) square feet combined for both signs. The Menu Board signage and any Preview Board shall be located adjacent to the drive - through. No additional permanent signs advertising products sold shall be located on the site. Resolution No. 2000 -1769 Page 6 Replacement of Trees CDD -17. Applicant shall install either: one (1) 72" box Holly Oak tree, or two ( 2 ) 4811 box Holly Oak trees, or seven ( 7 ) 24" box trees in the parkway strip to fill in existing gaps using Holly Oak and or California Pepper to fulfill the requirements of Zone Clearance No. 93 -297. All tree(s) shall be installed subject to the approval of the City Landscape Consultant, including species and location prior to issuance of any Zoning Clearance to do any work on this site. The alternative to installation of the trees prior to granting of a Zoning Clearance for any work, is the posting of a cash deposit with the City for 200% of the estimated cost for the purchase and installation of the referenced trees as determined by the City Landscape Consultant. Additionally, prior to the approval of any Zoning Clearance for any work on this site, a signed authorization shall accompany the deposit granting the City access to the site should it be necessary for the City to install the required trees. The applicant shall also submit a Statement of Commitment and Responsibility to be approved by the City Attorney that the owner /operator of the structure and /or land currently operating as McDonald's Restaurant shall in perpetuity be responsible for the care and maintenance of the Holly Oak or California Pepper tree(s) to be planted and all on -site landscape materials and shall follow a maintenance /care schedule approved by the City Landscape Consultant and shall be responsible for the replacement of the trees required herein with like -size trees as determined by the Director of Community Development, should they die or suffer damage or removal by others not authorized by the City. Resolution No. 2000 -1769 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) 6-X I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2000 -1769 was adopted by the City Council of the City of Moorpark at a meeting held on the 2nd day of August, 2000, and that the same was adopted by the following vote: 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 7th day of September, 2000. Deborah S. Traffenst6Kt, City Clerk (seal)