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HomeMy WebLinkAboutRES CC 2004 2175 2004 0407RESOLUTION NO. 2004 -2175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 4 TO COMMERCIAL PLANNED DEVELOPMENT NO. 1992 -01, A REQUEST TO CONSTRUCT AND OPERATE A TEMPORARY GROUNDWATER CONTAMINATION REMEDIATION SYSTEM FOR THE ALLIANCE GASOLINE STATION, LOCATED AT 50 WEST LOS ANGELES AVENUE, ON THE APPLICATION OF TRISTAR PROMOTIONS. (ASSESSOR'S PARCEL NUMBER 506 -0- 050 -440) WHEREAS, at a duly noticed public hearing on April 7, 2004, the City Council considered Modification No. 4 to Commercial Planned Development No. 1992 -01 on the application of Tristar Promotions for temporary groundwater contamination remediation system equipment, for the Alliance Gasoline Station located at 50 West Los Angeles Avenue (Assessor's Parcel Number 506- 0 -050- 440); and WHEREAS, at its meeting of April 7, 2004, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal, and reached a decision on this matter; and WHEREAS, the City Council concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15330 of the CEQA Guidelines as a Class 30 exemption for minor actions to prevent, minimize, stabilize, mitigate or eliminate the release or threat of release of hazardous waste or hazardous substances. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. information set forth public testimony, the in accordance with 17.44.100: MODIFICATION FINDINGS: Based upon the in the staff report, and oral and written City Council makes the following findings City of Moorpark Municipal Code Section 1. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors and landscaping, is consistent with the provisions of the General Plan, Zoning Ordinance, and any applicable regulations. Resolution No. 2004 -2175 Page 2 2. The site design would not create negative impacts on or impair the utility of properties in the surrounding area in that the nature of the clientele of the convenience market will minimize negative impact associated with the temporary loss of parking spaces on site. 3. The proposed use is compatible with existing and permitted uses in the surrounding area, in that the temporary remediation system will be screened from view, landscaped, and will generate negligible traffic while in operation. SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby approves Modification No. 4 to Commercial Planned Development No. 1992 -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 t ATTEST: Deborah S. Traffenste City Clerk Attachment: Exhibit A Resolution No. 2004 -2175 Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR MODIFICATION NO. 4 TO COMNMRCIAL 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. The equipment installed under this modification shall be substantially as shown in plans submitted to the Community Development Department as part of the application for this modification. Deviations from these plans will require the issuance of a Permit Adjustment or a subsequent modification, at the discretion of the Community Development Director. 3. Prior to operation of the facility, the remediation equipment shall be screened with a solid wooden fence. The fence shall be painted to match the existing building on site, and shall not contain any signage other than signage required for safety and security of the equipment. Signage required for safety and security shall not exceed two square feet on each face of the fence. 4. Any drain required beneath the equipment shall only be connected to the sanitary sewer system subject to the requirements of Ventura County Waterworks District Number 1. 5. Equipment shall not discharge water to the ground or to any drain other than a properly approved and installed connection to the sanitary sewer system, subject to the requirements of Ventura County Waterworks District Number 1. 6. Prior to commencement of operation of the facility, landscape planter boxes with automatic irrigation shall be installed around the enclosure in a number and size adequate to soften the appearance of the equipment enclosure on the south and west sides. Number, location, and size of planters, as well as, the size and species of shrubs to be planted and maintained within the boxes shall be submitted to the Community Development Director for review and approval prior to issuance of a building permit. Resolution No. 2004 -2175 Page 4 Upon removal of the planter boxes, the shrubs shall be transplanted into the site landscaping, if a suitable location exists. 7. Outdoor storage on site is not permitted. Materials not directly required for the operation of the remediation equipment may not be stored within the equipment enclosure. 8. Protective bollards shall be installed between the parking area and the equipment enclosure, to the satisfaction of the Community Development Director. 9. The applicant shall submit quarterly progress reports to the Community Development Director. All equipment, fencing, and planter boxes shall be removed upon completion of remediation activities and the site shall be restored to its previous condition within thirty (30) days of completion of remediation activities, to the satisfaction of the Community Development Director. 10. 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, any previous modifications, and this modification have been met to the satisfaction of the Community Development Director. Resolution No. 2004 -2175 Page 5 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. 2004 -2175 adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th of April, 2004, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 21st day of April, 2004. Deborah S. Traffenstedt, ity Clerk (seal)