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Home My WebLink AboutRES CC 2011 3020 2011 0504RESOLUTION NO. 2011 -3020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO CPD 92 -2, FOR INSTALLATION OF A NEW CUSTOMER ORDER DISPLAY WITH SPEAKER AND RELOCATION OF AN EXISTING MENU BOARD FOR MCDONALD'S RESTAURANT AT 501 LOS ANGELES AVENUE, ON THE APPLICATION OF MEL CRUZ FOR MCDONALD'S USA, LLC WHEREAS, at a duly noticed public hearing on May 4, 2011, the City Council considered Modification No. 1 to CPD 92 -2 on the application of Mel Cruz for McDonald's USA, LLC, for installation of a new customer order display with microphone and speaker and relocation of existing menu board located at McDonald's Restaurant at 501 Los Angeles Avenue; and WHEREAS, at its meeting of May 4, 2011 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 15301 as a Class 1 exemption for existing facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. 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, any applicable specific plans, zoning ordinance, and any other applicable regulations in that the physical change to the site is minor and no other physical changes to the site are proposed; and B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area in that conditions have changed that mitigate negative impacts that would have otherwise occurred; and C. The proposed uses are compatible with existing and permitted uses in the surrounding area in that the general use of the site is not changing and has previously been found to be compatible. Resolution No. 2011 -3020 Page 2 SECTION 2. City Council Approval: The City Council hereby approves Modification No. 1 to CPD 92 -2 subject to the special Conditions of Approval included in Exhibit A (Special Conditions of Approval), attached hereto and incorporated herein by reference. 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 4th day of May, 2011. ATTEST: Maureen Benson, City Clerk Exhibit A — Special Conditions of Approval Ja ce S. Pa n, ayor Resolution No. 2011 -3020 Page 3 EXHIBIT A SPECIAL CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO CPD 92 -2 1. The applicant's acceptance of this permit and /or commencement of construction and /or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. All other conditions of approval of Planning Commission Resolution No. 1992- 267 shall continue to apply, except as revised herein. 3. The development must be in substantial conformance with the plans presented in conjunction with the application for Modification No. 1 to CPD 92 -2, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 4. All necessary permits must be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. Approval of a Zoning Clearance is required prior to the issuance of building permits. All other permit and fee requirements must be met. 5. A plan showing the ordering device location, menu board location, and vehicle stacking in compliance with Moorpark Municipal Code parking ordinance must be provided to the Community Development Director prior to the issuance of permits. 6. This permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit — including the conditions of approval —based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 7. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 8. A sign permit application must be submitted for all proposed signs, for the review and approval of the Community Development Director prior to issuance of a building permit for a sign. No signs other than those allowed by code are permitted. Resolution No. 2011 -3020 Page 4 9. Prior to issuance of a zoning clearance for construction, all unpermitted signs and menu board riders must be removed. 10. The applicant shall be responsible for maintenance of the ordering device in order to keep noise volumes to the minimum required for efficient use. The ordering device shall be made available for review by the Community Development Director, in order to assure that noise levels are not above those allowed by the Moorpark Municipal Code. The Community Development Director has the right to further condition the operation of the ordering device as needed to avoid nuisance noise. 11. Additional shrubs and trees shall be planted within the landscaped area on east side of drive through prior to issuance of permits, subject to review and approval of Community Development Director. 12. Landscaping and irrigation within the area of the removed menu board must be restored prior to issuance of final building inspection, subject to review and approval of Community Development Director. Resolution No. 2011 -3020 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2011 -3020 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 4th day of May, 2011, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: Councilmembers Millhouse ABSTAIN: None WITNESS my hand and the official seal of said City this 13th day of May, 2011. 1_,✓ )de-vc�_ Maureen Benson, City Clerk (seal)