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Home My WebLink AboutRES CC 2002 2018 2002 1017RESOLUTION NO. 2002 -2018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 3 TO COMMERCIAL PLANNED DEVELOPMENT NO. 92 -01 TO MODIFY CONDITION NUMBER 3, AND TO AMEND CONDITIONS TO REFLECT CURRENT CITY STANDARDS, FOR AN EXISTING SERVICE STATION LOCATED AT 50 WEST LOS ANGELES AVENUE, ON THE APPLICATION OF MOORPARK OIL COMPANY (ASSESSOR PARCEL NO. 506 -0- 050 -220) WHEREAS, at a duly noticed Public Hearing adjourned from October 16, 2002 to October 17, 2002, the City Council considered Minor Modification No. 3 to Commercial Planned Development (CPD) No. 92 -01 to modify Condition Number 3, and to amend Conditions to reflect current City standards, for an existing service station located at 50 West Los Angeles Avenue, on the application of Moorpark Oil Company (Assessor Parcel No. 506 -0- 050 -220); and WHEREAS, at its adjourned meeting of October 17, 2002, the City Council conducted a public hearing, and after receiving public testimony closed the public hearing; and WHEREAS, the City Council concurs with the Community Development Director's finding that the project is categorically exempt from the requirements of the California Environmental Quality Act; and WHEREAS, on October 17, 2002, the City Council, after review and consideration of the information contained in the City Council staff report, and testimony received, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDINGS: The City Council makes the following findings: A. The request is consistent with the intent and provisions of the City's General Plan, any applicable Specific Plan and applicable titles of the Moorpark Municipal Code, as it makes only slight alterations to the Conditions of Approval for a commercial use, on property which is appropriately designated and zoned for such uses. Resolution No. 2002 -2018 Page 2 B. The request is compatible with the character of surrounding development because the changes proposed enable the subject project to meet current City standards within an existing commercial area. C. The proposal would not be obnoxious or harmful or impair the utility of neighboring property or uses because the proposed alterations to the existing use are minor and consistent with the development standards, including signage and landscaping standards of the Municipal Code. D. The proposal would not be detrimental to the public interest, health, safety, convenience or welfare, because the proposed action will not result in changes which would cause or worsen hazards or other adverse conditions, and would in fact reduce the discharge of pollutants from the site which may be detrimental to the public interest, health, safety, convenience or welfare. SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby approves Minor Modification No. 3 to Commercial Planned Development (CPD) No. 92 -01 subject to the Conditions of Approval in Exhibit A. SECTION 3. CERTIFICATION OF ADOPTION: 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 17th ATTEST: S. Deborah S. Traffenste City ClE Attachment: EXHIBIT "A "- Conditions Of Approval For Minor Modification No. 3 To Commercial Planned Development No. 1992 -01 Resolution No. 2002 -2018 Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR MINOR MODIFICATION NO. 3 TO COMMERCIAL PLANNED DEVELOPMENT NO. 1992 -01 General Requirements: 1. All previously imposed conditions of Commercial Planned Development Permit No. 1992 -01 and subsequent modifications shall continue to apply, except as amended herein. 2. Condition No. 3 of Commercial Planned Development Permit No. 1992 -01 is hereby altered to read as follows: "In the event that the use for which Commercial Planned Development Permit No. 1992 -01 and this Minor Modification are approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of the sale of gasoline and the closure of the convenience store component of the project to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing." 3. The applicant shall submit to the Community Development Department, an application for a sign permit for the service station in compliance with the provisions of Moorpark Municipal Code Section 17.40.130. A sign permit shall be obtained for signage not previously approved by December 16, 2002. 4. Landscaping shall be upgraded to be in substantial compliance with the originally approved landscape plans dated October 1, 1993. Planting and irrigation per approved plan shall be in place by December 16, 2002, and shall be maintained in perpetuity. Planting is subject to final approval of the Community Development Director. 5. By December 16, 2002, an impervious cover shall be installed over the trash enclosure to prevent the entry of rainwater into the enclosure. This cover shall be constructed of a material and color found to be compatible by the Community Development Director with the main Resolution No. 2002 -2018 Page 4 building or canopy cover. A zone clearance shall be obtained prior to the issuance of a building permit for the construction of this cover. 6. On site storm water drain inlets shall be resized, if necessary, and fitted with filter inserts to capture hydrocarbon pollutants in runoff from project site. The resizing and filters shall be to the satisfaction of the City Engineer. These filters shall be installed on or before December 16, 2002, and shall be regularly maintained and /or changed in accordance with manufacturer's recommendations. Periodic maintenance reports shall be forwarded to the Department of Community Development following each recommended maintenance period for the filters. 7. Outdoor storage on site is not permitted. Materials stored outdoors on site shall be immediately removed or properly stored inside of the food market. 8. No approvals, clearances, or any other requested actions on behalf of the business regulated by Commercial Planned Development Permit No. 1992 -01 (except as required to comply with this modification) shall be issued until the conditions of Commercial Planned Development Permit No. 1992 -01 and this modification have been met to the satisfaction of the Community Development Director. Resolution No. 2002 -2018 Page 5 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. 2002 -2018 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th day of October, 2002, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 3rd day of December, 2002. Deborah S. Traffenstedt, V City Clerk (seal)