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HomeMy WebLinkAboutRES 2001 417 1113RESOLUTION NO. PC- 2001 -417 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA DENYING APPEAL 2001 -06 TO A DECISION BY THE DIRECTOR OF COMMUNITY DEVELOPMENT FOR DENIAL OF ZONING CLEARANCE NO. 2001 -316 REQUESTING OCCUPANCY OF A 1,478 SQUARE FOOT UNIT FOR A TAKE -OUT AND DELIVERY PIZZA RESTAURANT ON THE APPLICATION OF TAIT AND ASSOCIATES WHEREAS, at a duly notice Public Hearing on November 13, 2001, the Planning Commission considered an appeal to a decision by the Community Development Director for denial of Zoning Clearance No. 2001 -316 requesting occupancy of a 1,478 unit for a take -out and delivery pizza restaurant (Pizza Hut) located at 484 New Los Angeles Avenue, Assessor's. Parcel No. 506 -0- 020 -650; and WHEREAS, at its meeting of November 13, 2001, the Planning Commission opened the Public Hearing, and after receiving public testimony, the Planning Commission closed the Public Hearing; ! and WHEREAS, the Planning Commission, after review and consideration of the information contained in the Planning Commission staff report, and testimony received, has made a decision in this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that the decision of the Director of Community Development to deny Zoning Clearance No. 2001 -316 requesting occupancy of a 1,478 square foot unit for a take -out and delivery pizza restaurant (Pizza Hut), due to lack of required parking, is consistent with the purpose and intent of provisions of the Zoning Ordinance, including specific development criteria contained in this code related to parking requirements, and that the facts presented are not adequate to grant the applicant's appeal. r Resolution No. PC- 2001 -417 Page 2 SECTION 2. That the Planning Commission adopts the following additional findings: C.E.Q.A. Finding The Appeal and Zoning Clearance request are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as a Class 1 exemption under Section 15301 (Existing Facilities). SECTION 3. That the Planning Commission denies the appeal of the Community Development Director's decision to deny Zoning Clearance No. 2001 -316. The action of the foregoing direction was approved by the following vote: Ayes: Commissioners DiCecco, Haller and Landis, Vice Chair Otto and Chair Parvin Noes: Absent: rte' Abstain: PASSED AND ADOPTED this 13th day of November, 2001. 4tdr2y`J a ice Parvin, Chair ATTEST: Deborah S. Traffens edt Acting Community Development Director S: \Community Development \Everyone \PC FINAL RESO \pc 417 APPEAL 2001 -06 Tait -Pizza Hut.doc