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Home My WebLink AboutRES 2003 445 0617RESOLUTION NO. PC- 2003 -445 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 1 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 1995 -02 FOR ALTERATION OF A REQUIRED ACCESS EASEMENT, LOCATED AT 105 E. HIGH STREET, ON THE APPLICATION OF JOHN NEWTON ON BEHALF OF MAYFLOWER MARKET. (ASSESSOR PARCEL NO(S). 512 -0- 092 -130) WHEREAS, on June 17, 2003, the Planning Commission held a duly noticed public hearing to consider the application of John Newton on behalf of Mayflower Market for Minor Modification No. 1 to Commercial Planned Development Permit No. 1995 -02 for the alteration of a required access easement on Assessor Parcel Nos. 512 -0- 092 -13 & 512 -0- 092 -14; and WHEREAS, at its meeting of June 17, 2003, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and considered public testimony both for and against the proposal and reached a decision on the matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15303 as a Class 5 exemption (minor changes in land use limitations). NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission reaffirms the findings of approval contained in Resolution No. PC -96 -317, in accordance with City of Moorpark Municipal Code Section 17.44.030. SECTION 2. PLANNING COMMISSION Commission approves Commercial Plann( Minor Modification No. 01 subject to Conditions of Approval included in Standard Conditions of Approval), incorporated herein by reference. ACTION: The Planning �d Development No. 95 -02 the Special and Standard Exhibit A (Special and attached hereto and Resolution No. PC- 2003 -445 Page 2 SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Lauletta, Peskay, Pozza and Chair Landis NOES: ABSTAIN: ABSENT: Vice Chair DiCecco PASSED AND ADOPTED this 17th day of June, 2003. Exhibit A - Special and Standard Conditions of Approval Resolution No. PC- 2003 -445 Page 3 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO.95 -02 Minor Modification No. 1 SPECIAL CONDITIONS 1. Except as stated herein, all conditions of Commercial Planned Development No. 95 -02 remain in full force and effect. 2. Condition No. 27 of Resolution No. PC -96 -317, approving Commercial Planned Development Permit No. 1995 -02 is repealed and replaced with the following condition: Within forty -five (45) days of this approval, the applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purpose of providing legal access to the adjacent property to the east, effective upon the adjacent property owner granting reciprocity. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. If accepted by the City of Moorpark, this easement may be fully assignable to the property owner to the east of this property, as an easement appurtenant for access, ingress and egress purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required appurtenant documents required to satisfy the above requirements shall be to the satisfaction of the Community Development Director, City Engineer and the City Attorney. STANDARD CONDITIONS PLEASE CONTACT THE COMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) A. GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein Resolution No. PC- 2003 -445 Page 4 in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 2. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17 - Zoning, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. 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. 4. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. S. 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. The 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 or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his /her obligation under this condition. 6. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Community Development Director the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 7. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description Resolution No. PC- 2003 -445 Page 5 prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 8. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 9. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The Permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. - END -