HomeMy WebLinkAboutAGENDA REPORT 2021 1123 PC ITEM 08ACITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of November 23, 2021
Approved Staff Recommendation
with Modified Conditions of
Approval, Including Adoption of
ACTION: Resolution No. PC -2021-664.
BY: K. Valencia
Item: 8.A.
A. Consider Resolution No. PC -2021-664. ADorovina Conditional Use Permit No.
2021-08 to Allow the Operation of a 3,260 Square -Foot Mixed Martial Arts Training
Center, located at 790 Los Angeles Avenue, Suite F3 (Within the Village at
Moorpark Shopping Center), and Making a Determination of Exemption Pursuant to
the California Environmental Quality Act in Connection Therewith. on the Application
of Dan Anderson for American Hapkido, Inc.
Staff Recommendation: 1) Open the public hearing, accept public testimony, and
close the public hearing; and 2) Adopt Resolution No. PC -2021-664 approving
Conditional Use Permit No. 2021-08 and finding the project Exempt from the
California Environmental Quality Act (CEQA). I
Item: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Freddy A. Carrillo, Associate Planner II
DATE: 11/23/21 Regular Meeting
SUBJECT: Consider Resolution No. PC -2021-664, Approving Conditional Use
Permit No. 2021-08 to Allow the Operation of a 3,260 Square -Foot
Mixed Martial Arts Training Center, Located at 790 Los Angeles
Avenue, Suite F3 (Within the Village at Moorpark Shopping Center),
and Making a Determination of Exemption Pursuant to the California
Environmental Quality Act in Connection Therewith, on the
Application of Dan Anderson for American Hapkido, Inc.
STAFF RECOMMENDATION
Open the public hearing, accept public testimony, and close the public hearing;
and,
2. Adopt Resolution No. PC -2021-664 approving Conditional Use Permit (CUP) No.
2021-08 and finding the project Exempt from the California Environmental Quality
Act (CEQA).
PROJECT DESCRIPTION AND BACKGROUD
On October 20, 2021, Dan Anderson for American Hapkido, Inc. submitted an application
for a CUP to allow the operation of a 3,260 square -foot mixed martial arts training center,
located at 790 Los Angeles Avenue, Suite F3 (within The Village at Moorpark shopping
center) (Attachments 1 and 2). Currently, the training center is operating at 5260 Kazuko
Court, Suite A. The Applicant is relocating to The Village of Moorpark for additional
training space and visibility for potential students.
Pursuant to Section 17.20.060 (E)(1)(b)(ii) of the Moorpark Municipal Code (MMC), a
CUP is required for a martial arts studio that exceeds 3,000 square -feet and is located
within 100 -feet of a residentially zoned property. The nearest residentially zoned property
Honorable Planning Commission
CUP No. 2021-08
11/23/2021 Regular Meeting
Page 2
is located 75 feet to the south of the project site. An overview of the proposed mixed
martial arts training center is provided in the Analysis Section of this report and the
applicants' narrative describing the proposed use is attached (Attachment 3).
EXISTING AND SURROUNDING LAND USES
The mixed martial arts training center is proposed within Suite F3, an existing 3,260
square -foot space that is located within an existing 131,745 square -foot shopping center
(approved via Commercial Planned Development No. 2004-01 in 2004) (Attachment 4).
The property contains several commercial and service retailers, including Dick's Sporting
Goods, Bank of America, Leslie's Pool Supplies, Amazon Fresh, as well as other specialty
stores and restaurants. Access to the center is provided via Los Angeles Avenue, with a
secondary access from Miller Parkway. The site is located within the Carlsberg Specific
Plan. The following table summarizes the General Plan, zoning/specific plan, and existing
land uses on the subject property and within the vicinity.
General Plan / Zoning / Existing Land Use
Direction
General Plan
Zoning / Specific Plan
Existing Land
Use
Specific Plan
Carlsberg Specific Plan,
The Village at
Project Site
Sub -Regional Retail/
Moorpark
Commercial / Business Park
Shopping Center
North
Right of Way
Right of Way
Los Angeles
Avenue
Specific Plan
Carlsberg Specific Plan,
Single -Family
South
Single -Family Residential /
Residential/
Open Space
Open Space
Specific Plan
Carlsberg Specific Plan,
Moorpark
East
Sub -Regional Retail/
Marketplace
Commercial/ Business Park
Shopping Center
Specific Plan
Carlsberg Specific Plan,
Single -Family
West
Single -Family Residential /
Residential /
Open Space
Open Space
General Plan, Zoning, and Specific Plan Consistency:
The General Plan land use designation for the project site is Carlsberg Specific Plan (SP
92-1). The zoning designation for the project site is Carlsberg Specific Plan (SP 92-1),
which is consistent with the General Plan designation. SP 92-1 is intended to provide for
a wide range of retail, services, residential and open space. SP 92-1 designates the
subject property for Sub -Regional Retail/Commercial/Business Park (SR/C/BP) uses,
which is intended to provide for a shopping center featuring both retail and service
Honorable Planning Commission
CUP No. 2021-08
11/23/2021 Regular Meeting
Page 3
commercial uses for the convenience of residents of the development as well as of the
surrounding community. As a result, the addition of a martial arts training center is
compatible with the General Plan, zoning, and specific plan designation of the subject
property.
The proposed mixed martial arts training center would occupy a commercial space that
is currently vacant, which is directly consistent with Goal 7 of the Land Use Element:
Provide for a variety of commercial facilities which serve community residents and meet
regional needs and General Plan Land Use Element Goal No. 13: Achieve a well-
balanced and diversified economy within the City which provides a variety of economic
and employment opportunities.
ANALYSIS
General Discussion:
The proposed mixed martial arts center would be located within a 3,260 square -foot
vacant tenant space. Proposed within this space is 1,656 square -feet of training area and
observation space for parents and/or guardians to watch, 374 square -feet of office space,
112 square -feet of restroom facilities, and 1,118 square -feet of bullpen area (Attachment
5). The bullpen area would be used as an afterschool space for students to settle in, do
homework, study, have snacks, and prepare before training. The training center currently
offers an afterschool program that transports Moorpark Unified School District students
from school to the training center, and the Applicant would like to continue providing this
service to the local community. Formal tutoring is not offered; however, many of the
instructors assist children when possible. The proposed hours of operation associated
with the training center would be between 10:00 a.m. to 8:00 p.m., Monday to Friday, and
closed on weekends. The applicant has indicated that most classes will be conducted
between 4:00 p.m. to 8:00 p.m., Monday to Thursday. The training center would employ
four people with three employees per shift at any given time.
The Applicant is proposing to offer a variety of training classes for all ages. Classes for
children would be 45 minutes, while lessons for adults would be 60 minutes. Class sizes
would range from 5 to 15 students, with the average class size of 10 students; however,
the maximum occupancy with staff can be approximately 20 people. Private training and
birthday parties would also be available. Tournaments and competitions are not proposed
as part of the operation, however, Special Condition of Approval No. 12, would require
the Applicant to obtain a Temporary Use Permit for outdoor events.
The Municipal Code does not specify the number of parking spaces required for a martial
arts studio; however, the shopping center provides compliant parking pursuant to the
commercial rate.
Honorable Planning Commission
CUP No. 2021-08
11/23/2021 Regular Meeting
Page 4
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View from parking lot toward proposed mixed martial arts training center.
Moorpark Police Department:
The Moorpark Police Department has reviewed this application and has no concerns
regarding the proposed use.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Filed: October 20, 2021
Date Application Determined Complete: October 29, 2021
Planning Commission Action Deadline: December 28, 2021
4
Honorable Planning Commission
CUP No. 2021-08
11/23/2021 Regular Meeting
Page 5
ENVIRONMENTAL DETERMINATION
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines
because the Applicant is proposing a mixed martial art training center within an existing
commercial building. Therefore, Staff has determined that there is no substantial evidence
that the project would have a significant effect on the environment.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning
Ordinance as follows:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on November 13, 2021.
2. Mailing. The notice of the public hearing was mailed on November 12, 2021, to
owners of real property, as identified on the latest adjusted Ventura County Tax
Assessor Roles, within one -thousand (1,000) feet of the exterior boundaries of the
assessor's parcel(s) subject to the hearing.
3. Signs. Two 32 square -foot signs were placed on the street frontages on November
9, 2021.
ATTACHMENTS
1. Location Map
2. Aerial Map
3. Project Description for American Hapkido, Inc.
4. Existing Site Plan
5. Proposed Floor Plan
6. Draft Resolution with Conditions of Approval
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Business Description
Since 1990 American Hapkido MMA Training Center has been coaching people, of all ages, in the process
of learning and practicing Martial Arts as a tool for learning.
We consider ourselves an integral "part of the village" that helps parents instill valuable character traits,
beliefs, and habits in their children, such as: self-discipline, the ability to stay calm under pressure, the
appreciation of teachers, parents, and other mentors, and the importance of proper diet, exercise, and
education in a happy and fulfilling life.
For thousands of adults and teens, we have been - and continue to be - a place to refuel, recharge, and
remember the value of keeping one's body fit, to keep the mind and the spirit fit.
We teach a brand of self-defense that transcends the block, kick, punch, and throw - and includes the
self-defense skills of kindness, empathy, community, and compassion.
American Hapkido has been a local Moorpark business for decades; many in the community have
trained here or had their children train with us. The business is thriving in Moorpark and is relocating to
the Village at Moorpark for more visibility and a higher quality location.
Hours of Operation
The facility is open between the hours of 10am-8pm, Monday -Friday. Closed weekends. Most classes
are during our busiest time, between 4pm-8pm Monday through Thursday.
Class Descriptions and Size
Class sizes range from 5 to 15 students, with the average class size of 10 students. Including staff, the
maximum occupancy at any point in time is generally 20 people.
Kids Martial Arts Classes
Our Fun, Safe Self -Defense Classes will help boost your Kid's Self -Esteem, getting them stronger and
healthier than ever.
Adults Martial Arts Classes
Our members are seeing amazing results within the First month of training. Come experience our Fun
High Energy classes and see the results for yourself.
Private Training Classes
Let Sensei Ash help you get to the goals you've always dreamed of. From shedding a few pounds to
intense training, his Knowledge and Experience will help you get to where you want to be.
Karate Birthday Party
Have your Child's Birthday Party here and experience one of the most fun and memorable birthday
parties your child will ever have.
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RESOLUTION NO. PC -2021-664
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2021-08, TO ALLOW THE OPERATION OF A 3,260
SQUARE -FOOT MIXED MARTIAL ARTS TRAINING CENTER,
LOCATED AT 790 LOS ANGELES AVENUE, SUITE F3 (WITHIN
THE VILLAGE AT MOORPARK SHOPPING CENTER) AND
MAKING A DETERMINATION OF EXEMPTION PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN
CONNECTION THEREWITH, ON THE APPLICATION OF DAN
ANDERSON FOR AMERICAN HAPKIDO, INC.
WHEREAS, on October 20, 2021, an application was filed for a Conditional Use
Permit (CUP) No. 2021-08, to allow the operation of a 3,260 square -foot mixed martial
arts training center, located at 790 Los Angeles Avenue, Suite F3 (within The Village of
Moorpark shopping center); and
WHEREAS, at a duly noticed public hearing on November 23, 2021, for CUP No.
2021-08, the Planning Commission considered CUP No. 2021-08, including 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
WHEREAS, the Community Development Director has determined that CUP No.
2021-08 is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) of the CEQA
Guidelines because the Applicant is proposing a mixed martial arts training center within
an existing commercial building. In addition, there is no substantial evidence that the
project will have a significant effect on the environment in that the site has already been
developed. No further environmental documentation is needed.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission,
based on its own independent analysis and judgment, concurs with the Community
Development Director's determination that the project is categorically exempt from the
requirements of the CEQA pursuant to Section 15301 (Class 1: Existing Facilities) of the
CEQA Guidelines. No further environmental documentation is needed.
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
PC Attachment 6
14
Resolution No. PC -2021-664
Page 2
A. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and all applicable regulations in that a mixed martial arts training center
is a conditionally permitted use. In addition, the proposed use would occupy a
commercial space that is currently vacant, which is also consistent, with General
Plan Land Use Element Goal No. 7: Provide for a variety of commercial facilities
which serve community residents and meet regional needs and General Plan Land
Use Element Goal No. 13: Achieve a well-balanced and diversified economy within
the City which provides a variety of economic and employment opportunities.
B. The proposed use, as conditioned, is compatible with both existing and permitted
land uses in the surrounding area in that the mixed martial arts training center
would provide a recreational facility within an existing commercial shopping center
that serves the adjacent community and complements existing commercial
businesses in the vicinity of the project site.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding properties in that there will be no changes to the exterior of the building
as a result of the proposed use.
D. The proposed use would not be obnoxious or harmful or impair the utility of
neighboring property or uses in that it consists of the operation of a martial arts
center within an existing commercial building.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that it includes a commercial use within an existing
commercial building.
SECTION 3. PLANNING COMMISSION APPROVAL: The Planning
Commission herby approves CUP No. 2021-08 subject to the Standard and Special
Conditions of Approval found in Exhibit A attached.
SECTION 4. FILING OF RESOLUTION: The Community Development
Director 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:
NOES:
ABSENT:
ABSTAIN:
PASSED, AND ADOPTED this 23rd day of November 2021.
15
Resolution No. PC -2021-664
Page 3
Kipp Landis
Chair
Carlene Saxton
Community Development Director
Exhibit A — Standard and Special Conditions of Approval
ill
Resolution No. PC -2021-664
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) No. 2021-08
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits identified below from Resolution No. 2009-2799:
218. Within thirty (30) calendar days of approval of this entitlement, the applicant shall
sign and return to the Planning Division an Affidavit of Agreement and Notice of
Entitlement Permit Conditions of Approval, indicating that the applicant has read
and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of
Agreement/Notice shall include a legal description of the subject property and have
the appropriate notary acknowledgement suitable for recordation.
219. This Conditional Use Permit expires one (1) year from the date of its approval
unless the use has been inaugurated by issuance of a building permit for
construction. The Community Development Director may, at his/her discretion,
grant up to two (2) additional one-year extensions for use inauguration of the
permit, if there have been no changes in the adjacent areas and if the applicant
can document that he/she has diligently worked towards use inauguration during
the initial period of time. The request for extension of this permit shall be made in
writing, at least thirty (30) days prior to the expiration date of the permit and shall
be accompanied by applicable entitlement processing deposits.
220. The Conditions of Approval of this entitlement and all provisions of the City of
Moorpark Municipal Code and adopted City policies at the time of the entitlement
approval, supersede all conflicting notations, specifications, dimensions, typical
sections and the like which may be shown on said plans or application.
221. Conditions of this entitlement may not be interpreted as permitting or requiring any
violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
223. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or its
agents, officers or employees to attack, set aside, void, or annul any approval by
the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning this entitlement approval, which claim, action or proceeding
is brought within the time period provided therefore in Government Code Section
66499.37 or other sections of state law as applicable. The City will promptly notify
the applicant of any such claim, action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the defense, the applicant shall not
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thereafter be responsible to defend, indemnify and hold harmless the City or its
agents, officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of such
claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a building permit is issued pursuant to the permit or
the use is inaugurated.
224. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set forth.
225. All facilities and uses, other than those specifically requested in the application and
those accessory uses allowed by the Municipal Code, are prohibited unless
otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
FEES
226. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement, the applicant shall submit to the Community Development Department
all outstanding entitlement case processing fees, including all applicable City legal
service fees. This payment shall be made within sixty (60) calendar days after the
approval of this entitlement.
SPECIAL CONDITIONS OF APPROVAL
1. This Conditional Use 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
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or approved under this chapter for any violations of the conditions imposed on such
permit.
2. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this Conditional Use Permit consistent with Chapter 17.44 of the Moorpark
Municipal Code or as may be amended in the future.
3. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2021-08, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein. All Conditions of Approval and requirements of
Commercial Planned Development Permit No. 2004-01 applicable to the subject
property shall continue to apply unless specifically modified by this Conditional Use
Permit.
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.
5. Approval of a Zoning Clearance is required prior to the issuance of building
permits.
6. All exterior areas of the site, including parking areas under use by the business,
must be maintained free of litter and debris at all times.
7. Areas inside the establishment open to the public must be illuminated sufficiently
to allow the identification of persons.
8. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective
tenant shall obtain a Business Registration from the City of Moorpark. All
contractors doing work in Moorpark shall have or obtain a current Business
Registration.
9. A separate sign permit application is required for all proposed signs; all signs must
be consistent with any approved master sign program for the shopping center,
which is subject to the review and approval of the Community Development
Director.
10. Prior to issuance of a Building Permit or Demolition Permit, applicant must submit
a Construction Waste Management Plan to the Solid Waste Division for review and
approval pursuant to Chapter 8-36 of the Moorpark Municipal Code.
11. Prior to issuance of a Certificate of Occupancy by Building and Safety, applicant
must submit all documentation required by the Construction Waste Management
Plan and Moorpark Municipal Code to the Solid Waste Division to verify
compliance.
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12. Outdoor events that are not considered part of the everyday operation of the
facility, the applicant shall apply for and secure a Temporary Use Permit from the
Community Development Department. Such application shall be made at least
thirty (30) calendar days prior to the commencement of the indoor or outdoor event.
As part of the Conditions of Approval, the Community Development Director may
require, based upon the scope and size of the event, security guards, traffic
control, valet parking and other measures to assure that the event does not disrupt
the commercial center and surrounding area.
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