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HomeMy WebLinkAboutAGENDA REPORT 1996 0821 CC REG ITEM 07GITEM 7's CrIt' CITY OF MOORPARK MEMORANDUM C TO: The Honorable City Council FROM: Nelson Miller, Director of Community Developme DATE: August 8, 1996 (CC meeting 8/21/96) SUBJECT: Consider adoption of Resolution approving Planned Development Permit No. 980 Minor Modification No. 11 for the Coffee Grinder Restaurant to construct an outdoor patio for dining. At the City Council meeting on August 7, 1996, the City Council voted to approve Planned Development Permit No. 980 Minor Modification No. 11 by a 5 -0 vote. Attached is a Resolution for the Council's action, including conditions as discussed by the City Council at the meeting of August 7, 1996. Adopt the attached Resolution approving Planned Development Permit No. 980 Minor Modification No. 11. Attachment: Resolution approving Planned Development Permit No. 980 Minor Modification No. 11 9OW75 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING MINOR MODIFICATION NO. 11 TO PLANNED DEVELOPMENT PERMIT 980 (COFFEE GRINDER). WHEREAS, on January 18, 1984, the City Council adopted Resolution No. 84 -63 approving Planned Development Permit No. 980; and WHEREAS, on May 16, 1996, the applicant applied for Minor Modification No. 11 to Planned Development Permit No. 980; and WHEREAS, the Director of Community Development referred the matter to the City Council on August 7, 1996; and WHEREAS, at its meeting of August 7, 1996, the City Council considered the application filed by the Coffee Grinder Restaurant, requesting approval of Minor Modification No. 11 to PD 980; and WHEREAS, at its meeting of August 7, 1996, the City Council after review and consideration of the information contained in the staff report dated August 2, 1996 and reached a decision on this matter; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon information in the Staff Report and accompanying information and information from the public testimony, the City Council finds that: a. The project is Categorically Exempt from CEQA requirements as a Class 3 exemption, construction of an accessory structure; b. The proposed use is equivalent to temporary outside seating and shall not affect parking requirements; C. The proposed project would not have a substantial adverse impact on surrounding properties; d. e p posed us is ivalent t®- temporary outside sting i and sha not;faffect par g requirements; e. The Minor Modification is consistent with the intent and provisions of the City's general Plan and of the City Ordinance Code; f. The Minor Modification is compatible with the character of surrounding development; g. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; h. The Modification would not be detrimental to the public interest, health, safety, convenience, or welfare; and i. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. SECTION 2. The City Council conditionally approves Minor Modification No. 11 to PD 980 for the construction of an outside patio for dining. SECTION 3. Approval of Minor Modification No. 11 to PD 980 is hereby approved subject to the following conditions: 1. Approval of a Zoning Clearance and obtaining Building Permits is required prior to construction of the outdoor patio. 2. The patio must be entirely located within the Town Center property. 3. Applicant shall plant additional trees and 1 sca in /tdo, replace and enhance the pxQpe- y subjec t the approval of the Director of Community Development. 4. The wall enclosing the patio shall have a decorative cap which matches the existing enclosure on the east side of the building. 5. All lighting shall comply with Section 17.24.090 F of the Zoning Code. 6. No equipment to amplify sounds (of any type) shall be mounted on the roof or above the wall panels. ("U?? 7. Applicant shall meet all permit requirements of the Building and Safety Department. 8. An additional exit shall be provided for the patio. Exit shall meet all requirements of the Building and Safety Department. 9. Failure to inaugurate this Minor Modification in twelve months or less from the date of approval will render this Modification null and void. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 21 DAY OF AUGUST, 1996. ATTEST: Lillian E. Hare, City Clerk Paul W. Lawrason, Jr., Mayor e. The Minor Modification is compatible with the character of surrounding development; f. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; g. The Modification would not be detrimental to the public interest, health, safety, convenience, or welfare; and h. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. SECTION 2. The City Council conditionally approves Minor Modification No. 11 to PD 980 for the construction of an outside patio for dining. SECTION 3. Approval of Minor Modification No. 11 to PD 980 is hereby approved subject to the following conditions: 1. Approval of a Zoning Clearance and obtaining Building Permits is required prior to construction of the outdoor patio. 2. The patio must be entirely located within the Town Center property. 3. Applicant shall plant additional trees and landscaping equal to that which was removed to replace and enhance the subject property. This landscaping shall be subject to the approval of the Director of Community Development. 4. The wall enclosing the patio shall have a decorative cap which matches the existing enclosure on the east side of the building. S. All lighting shall comply with Section 17.24.090 F of the Zoning Code. 6. No equipment to amplify sounds (of any type) shall be mounted on the roof or above the wall panels. 7. Applicant shall meet all permit requirements of the Building and Safety Department.