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Home My WebLink AboutRES CC 2015 3354 2015 0121 RESOLUTION NO. 2015-3354 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 2006-01 AND CONDITIONAL USE PERMIT (CUP) NO. 2006-07, A REQUEST TO AMEND THE APPROVED ARCHITECTURE AND PERMIT EXPIRATION DATE TO ALLOW CONSTRUCTION AND OPERATION OF A PREVIOUSLY APPROVED 112-ROOM (NOW 108-ROOM) HOTEL ON A 2.38 ACRE PARCEL LOCATED AT 14350 WHITE SAGE ROAD ON THE APPLICATION OF MOORPARK HOSPITALITY, INC. (PETER BHAKTA) WHEREAS, at a duly noticed public hearing on January 21, 2015, the City Council considered Modification No. 1 to Commercial Planned Development (CPD) No. 2006-01 and Conditional Use Permit (CUP) No. 2006-07 to amend the approved architecture and permit expiration date to allow construction and operation of a previously approved 112-room (now 108-room) hotel on a 2.38 acre parcel located at 14350 White Sage Road on the application of Moorpark Hospitality, Inc. (Peter Bhakta); and WHEREAS, at its meeting of January 21, 2015, the City Council considered 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 reached a decision on this matter; and WHEREAS, The Community Development Director has determined that this project as modified by Modification No. 1 to CPD No. 2006-01 and CUP No. 2006-07 continues to be consistent with the findings of the certified Final Environmental Impact Report for Special Devices Incorporated (State Clearinghouse No. 95071057) that was used for the approval of CPD No. 2006-01 and CUP No. 2006-07 and that no additional environmental documentation is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 . ENVIRONMENTAL DOCUMENTATION: The City Council concurs with the Community Development Director's determination that this project as modified by Modification No. 1 to CPD No. 2006-01 and CUP No. 2006-07 continues to be consistent with the findings of the certified Final Environmental Impact Report for Special Devices Incorporated (State Clearinghouse No. 95071057) that was used for the approval of CPD No. 2006-01 and CUP No. 2006-07 and that no additional environmental documentation is required. Resolution No. 2015-3354 Page 2 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 City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed hotel use as modified by Modification No. 1 to CPD No. 2006-01 and CUP No. 2006-07 continues to be consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations, as it meets or exceeds the Ordinance requirements and the proposed project as conditioned enhances the physical and visual image of the community. B. The proposed hotel use as modified by Modification No. 1 to CPD No. 2006-01 and CUP No. 2006-07 continues to be compatible with existing and permitted uses in the surrounding area as the area around the site is used, planned and zoned for commercial and industrial uses. C. The proposed hotel use as modified by Modification No. 1 to CPD No. 2006-01 and CUP No. 2006-07 continues to be compatible with the scale, visual character and design of surrounding properties in that it is in an area characterized by large commercial structures and it shares compatible architectural elements with newer development in the project vicinity. D. The proposed hotel use as modified by Modification No. 1 to CPD No. 2006-01 and CUP No. 2006-07 continues to not be obnoxious or harmful, or impair the utility of neighboring property or uses in the surrounding area as the property was planned and graded to accommodate a commercial use such as a hotel, and it is isolated from residential neighborhoods in the City. E. The proposed hotel use as modified by Modification No. 1 to CPD No. 2006-01 and CUP No. 2006-07 continues to not be detrimental to the public health, safety, convenience, or welfare in that would be located on a site planned and designed to accommodate a commercial use such as a hotel, has convenient freeway access and is close to the Los Angeles Avenue commercial corridor. SECTION 3. COMMERCIAL PLANNED DEVELOPMENT PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors and landscaping, as modified by Modification No. 1 to CPD No. 2006-01 and CUP No. 2006-07, continues to be consistent with the provisions of the general plan, zoning ordinance, and other applicable regulations, as it meets or exceeds the Ordinance requirements and the proposed project as conditioned enhances the physical and visual image of the community. Resolution No. 2015-3354 Page 3 B. The site plan design, as modified by Modification No. 1 to CPD No. 2006-01 and CUP No. 2006-07, continues to not create negative impacts nor impair the utility of properties, structures or uses in the surrounding area as the property was planned and graded to accommodate a commercial use such as a hotel. C. The proposed hotel project as modified by Modification No. 1 to CPD No. 2006- 01 and CUP No. 2006-07 continues to be compatible with existing and permitted uses in the surrounding area as the area around the site is used, planned and zoned for commercial and industrial uses. SECTION 4. APPROVAL OF MODIFICATION NO. 1: The City Council hereby approves Modification No. 1 to CPD No. 2006-01 and CUP No. 2006-07, subject to Conditions of Approval attached hereto as Exhibit A and incorporated herein. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 21st day of January, 2015. ani a S. Parvin, Mayor ATTEST: f~ems Maureen Benson, City Clerk ^= v � ► � }, . .• � Exhibit A— Conditions of Approval :a�:�6� Resolution No. 2015-3354 Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 2006-01 AND CONDITIONAL USE PERMIT (CUP) NO. 2006-07 1. Standard Condition No. 2 for Commercial Planned Development No. 2006-01 is hereby deleted as follows: one (1) year from the date of its approval unless the use has boon • . .. . . .. 2. This Modification No. 1 to Commercial Planned Development (CPD) No. 2006-01 and Conditional Use Permit (CUP) No. 2006-07 will expire 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 Modification No. 1 to CPD No. 2006-01 and CUP No. 2006-07, 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 shall be made in writing, at least thirty (30) days prior to the expiration date of this Modification and shall be accompanied by applicable entitlement processing deposits. 3. The applicant's acceptance of this approval of the Modification No. 1 to Commercial Planned Development (CPD) No. 2006-01 and Conditional Use Permit (CUP) No. 2006-07 and/or commencement of construction and/or operations under this Modification is deemed to be acceptance of all conditions of this permit, as amended by Modification No. 1. If any of the conditions or limitations of this approval are held to be invalid, that holding will not invalidate any of the remaining conditions or limitations set forth. 4. 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. Resolution No. 2015-3354 Page 5 5. The development shall be in substantial conformance with the plans presented in conjunction with the application for Modification No. 1 to Commercial Planned Development (CPD) No. 2006-01 and Conditional Use Permit (CUP) No. 2006- 07, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 6. All conditions of approval for Commercial Planned Development (CPD) No. 2006-01 and Conditional Use Permit (CUP) No. 2006-07 shall continue to apply, except as revised herein. Should there be any conflict between the conditions of this Modification No. 1 and the conditions for Commercial Planned Development (CPD) No. 2006-01 and Conditional Use Permit (CUP) No. 2006-07, the conditions of this Modification No. 1 shall prevail. 7. 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 the permit, which claim, action or proceeding is brought within the time period provided by the California Code of Civil Procedure Section 1094.6 and Government Code Section 65009. 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 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: 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 ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 8. 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. Approval of a Zoning Clearance is required prior to the issuance of building permits. All other permit and fee requirements must be met. 9. All contractors doing work in Moorpark shall have or obtain a current Business Registration prior to initiation of work. Resolution No. 2015-3354 Page 6 10. Special Condition Nos. 1 and 2 for Commercial Planned Development No. 2006- 01 are hereby deleted as follows: 2. Stone veneer on the façade of the first floor level must be a heavier, upward to the stucco. All stone veneered sides must include returns to 11. Special Condition Nos. 1, 2, and 4 for Conditional Use Permit No. 2006-07 are hereby amended as follows: 1. Guests may not occupy any individual room for a period exceeding thirty (30) days. Records of registration must be maintained and provided for inspection as required by Chapter 5.44 of the Moorpark Municipal Code. 2. Prior to occupancy, the hotel operator and hotel owner shall provide a signed statement indicating that the operator is aware of and will comply with the provisions of Chapter 9.32 of the Moorpark Municipal Code (Social Host). 4. The hotel operator shall be responsible for the collection, record keeping, reporting, and remission to the City of the transient occupancy tax as required by Chapter 3.48-of the Moorpark Municipal Code. 12. The Applicant shall submit all of the proposed colors, materials and building finish textures for review and approval to the satisfaction of the Community Development Director to demonstrate enhanced materials on all elevations, and specifically the elevations visible from State Route 23, prior to the issuance of building permits. -END- Resolution No. 2015-3354 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2015-3354 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 21st day of January, 2015, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 4th day of February, 2015. Maureen Benson, City Clerk (seal) sill/Mil dal, OrEV �y