HomeMy WebLinkAboutAGENDA REPORT 1996 0814 CC SPC ITEM 04ATO: The Honorable City Council n
FROM: Paul Porter, Senior Planne2b1�'"
Nelson Miller, Director of Community Development
DATE: August 8, 1996 (CC meeting on 8/14/96)
SUBJECT: CONSIDER ADOPTION OF RESOLUTION APPROVING APPEAL NO.
96 -1 FILED BY AQUARIA, INC, SHERMAN FAMILY INVESTMENT
GROUP, LTD. TELEDYNE LAARS AND KAVLICO CORPORATION
APPEALING THE ACTION OF THE PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 95 -2 TO PERMIT A
SERVICE STATION /MINI -MART AT CONDOR DRIVE AND LOS
ANGELES AVENUE AND DENYING CONDITIONAL USE PERMIT NO.
95 -2
At the City Council meeting on August 7, 1996, the City Council
voted to approve Appeal No. 96 -1, deny Conditional Use Permit No.
95 -2 and direct staff to prepare a Resolution for the Council's
action at the City Council meeting of August 14, 1996.
Adopt the attached Resolution approving Appeal No. 96 -1 and
denying Conditional Use Permit No. 95 -2.
Attachment: Resolution approving Appeal No. 96 -1 and denying
Conditional Use Permit No. 95 -2
1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK
APPROVING APPEAL NO. 96 -1 AND DENYING CONDITIONAL USE PERMIT NO.
95 -2, RELATED TO ASSESSOR'S PARCEL NUMBER NO. 513 -0- 060 -27
WHEREAS, the Planning Commission adopted Resolution No.
96 -319 on May 13, 1996 approving Conditional Use Permit No. 95 -2
for a 2,800 square foot Mini - Market /Deli selling groceries, snack
items and beverages, including beer and wine for off - premises
consumption with detached six gasoline islands with canopy for
self -serve gasoline sales (the "Project "). The Assessor's Parcel
No. is 513 -0- 060 -27; and
WHEREAS, on May 6, 1996, the City received Appeal No. 96-
1 on the application of Aquaria, Inc., Sherman Family Investment
Group, Ltd., Teledyne Laars and Kavlico Corporation requesting that
the City Council overturn the Planning Commission's decision
approving Conditional Use Permit No. 95 -2; and
WHEREAS, at duly noticed meetings on June 19, July 2, and
August 7, 1996, the City Council considered the application for
Appeal No. 96 -1; and
WHEREAS, at its meeting of June 19, 1996, the City
Council opened the duly noticed public hearing, took testimony from
all those wishing to testify and continued the public hearing to
July 2, 1996; and
WHEREAS, on July 2, 1996, the City Council took testimony
from all those wishing to testify, closed the public hearing and
continued the hearing to August 7, 1996; and
WHEREAS, on August 7, 1996, after review and
consideration of the information contained in the Planning
Commission Staff Report dated May 9, 1996, the City Council Staff
Reports dated May 9 and June 25 1996, and the Mitigated Negative
Declaration and Initial Study prepared for the "Project" site,
including supplemental traffic studies and information, the City
Council approved Appeal No. 96 -1 and denied Conditional Use Permit
No. 95 -2.
D: \DENY.RES 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Based on information contained in the staff
reports, public testimony and other information received into the
record by the City Council, including supplemental traffic studies
and information, the City Council finds that due to impacts
regarding additional traffic generated and traffic circulation and
proximity of the "Project" to the Freeway ramps, the "Project"
would be detrimental to the public interest, health, safety,
convenience or welfare.
SECTION 2. The City Council approves Appeal No. 96 -1
appealing the action of the Planning Commission approving
Conditional Use Permit No. 95 -2 to permit a service station /mini-
mart at Condor Drive and Los Angeles Avenue on Assessor's Parcel
No. 513 -0- 060 -27.
SECTION 3. The City Council denies Conditional Use Permit No.
95 -2.
PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF AUGUST, 1996
Paul W. Lawrason Jr.
Mayor
ATTEST:
Lillian E. Hare
City Clerk
A: \DENY.RES 2