HomeMy WebLinkAboutAGENDA REPORT 2017 0118 CCSA REG ITEM 09B ITEM 9.B.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCEI - --
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director I
PREPARED BY: Joseph Fiss, Economic Development and Planning Manager
DATE: January 10, 2017 (CC Meeting of 1/18/2017)
SUBJECT: Consider a Resolution Concurring with the Community Development
Director's Determination that Hotels are Allowable Uses in the Sub-
Regional Retail/Commercial / Business Park (SR/C/BP) Land Use
Designation Of The Carlsberg Specific Plan, Subject To A
Conditional Use Permit and Making a Determination of Exemption
from CEQA in Connection Therewith
BACKGROUND
On November 1, 2016, Steve Kohn (Agent for Concord Hospitality Enterprises
Company) filed a Pre-Application for a 148-room hotel on 2.59 acres at the south east
corner of Miller Parkway and Patriot Drive, within the Carlsberg Specific Plan. The Pre-
Application process is an optional process to assist developers in the identification of
major project issues that need to be addressed before the developer creates detail in
the proposed project design. Pre-Application review is handled at the staff level and it is
not any form of project approval.
One of the issues identified through the Pre-Application review process for this
proposed hotel is that hotels are not specifically listed as permitted or conditional uses
in the Sub-Regional Retail/Commercial (SR/C) or Business Park (BP) land use
designations of the Carlsberg Specific Plan. The Community Development Director is
seeking concurrence with an interpretation that a hotel is similar in nature, character,
and intensity to one or more of the permitted uses in the Carlberg Specific Plan based
on other allowable uses.
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Honorable City Council
January 18, 2017
Page 2
Amendment No. 1 to the Carlsberg Specific Plan was adopted September 7, 1994. The
land use designation for this site was identified as a combination of Sub-Regional
Retail/Commercial (SR/C) and Business Park (BP) to allow flexibility between
compatible uses in a sub-regional setting. The majority of the overall site has been
developed or is under development. The Moorpark Marketplace (Target) shopping
center occupies the northern portion of the site, and the Patriot Commerce Center
occupies the majority of the southern portion. Approximately 12 acres at the southeast
corner of the site were previously approved for a Home Depot store, but have remained
undeveloped. The remaining 2.59 acre lot was previously approved for an office
building. Since the recession of 2007/2008 and due to changes in land uses patterns
over the last decade, these sites are no longer anticipated to be developed as
previously approved.
DISCUSSION
The Carlsberg Specific Plan identifies general land use patterns for the properties within
the plan boundaries. Section. IV (F) of the Carlsberg Specific Plan states, the Sub-
Regional Retail/Commercial (SR/C) designation is intended to provide retail and service
commercial uses for the convenience of the residents of the development as well as of
the surrounding community. Section IV (G) of the Carlsberg Specific Plan states, the
Business Park (BP) designation is intended to provide for the development of a wide
variety of office, light industrial and service uses. This designation is also intended to
provide uses which serve users and employees of the business park.
Although a short list of land uses is listed in each category, the City has historically
deferred to the Moorpark Municipal Code for interpretation where uses are not listed in
a Specific Plan. For example, there are no "Conditional Use" or "Administrative" uses
listed in the SR/C designation, although the Municipal Code typically requires such a
permit for uses such as alcohol sales or drive through restaurants. The Carlsberg
Specific Plan anticipates such interpretation by including the following language in the
list of permitted uses: "Any other use which the Director of Community Development
finds consistent with the purpose and intent of this land use category.
Chapter 17.04.050 (J) of the Moopark Municipal Code states "Because it is infeasible to
compose legislative language which encompasses all conceivable land-use situations,
the director of community development shall have the power to interpret the regulations
and standards contained in this title, when such interpretation is necessitated by a lack
of specificity in such regulations and standards." Section 17.20.030 of the Moorpark
Municipal Code allows for the Community Development Director to review a proposed
use and determine the review requirements, based on the use being similar in nature,
character, and intensity to one or more of the permitted uses.
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Honorable City Council
January 18, 2017
Page 3
The Commercial Planned Development (CPD) zone in the Moorpark Municipal Code is
most similar to the SR/C/BP land use designation of the Carlsberg Specific Plan. Hotels
are permitted in the CPD zone, subject to a Conditional Use Permit (CUP) and
Commercial Planned Development (CPD) application, considered by the Planning
Commission and City Council. Given this, the Community Development Director has
determined that hotels, along with their ancillary uses should also be permitted in the
SR/C/BP zone, subject to the same type of CUP and CPD application. A resolution has
been prepared for Council consideration to concur with the Community Development
Director's interpretation for this use.
Hotels and similar uses may sometimes create uncertainties regarding neighborhood
compatibility. The CPD and CUP process are designed to ensure public noticing and to
evaluate neighborhood impacts through the public hearing process. During this
process, staff seeks the input of the Police and Fire Departments to evaluate the project
and provide recommendations for public safety. This includes improvements such as
lighting, security, and fire sprinklers. In addition, hotels are required to be in compliance
with Chapter 5.44 of the Municipal Code, which requires identification and registration of
all guests.
Though no public hearing or notice is required for Director's Determination, or the
Director seeking City Council concurrence with a Director Determination, staff has sent
a Courtesy Notice to all residential and business owners in the Carlsberg Specific Plan
area regarding this agenda item. A copy of the notice is attached.
The applicant has shared a plan, which, if the project moves forward would be tailored
to Moorpark community standards for site planning, architecture, and design. Attached
elevations show how such a building can be tailored to a community's standards while
maintaining consistent corporate branding.
ENVIRONMENTAL DETERMINATION
The Community Development Director has determined that the determination of land
uses under the Carlsberg Specific Plan and Section 17.20.030 of the Moorpark
Municipal Code is exempt from the California Environmental Quality Act of 1970 as
amended, ("CEQA") on the grounds that the clarification and interpretation of a section
of a Specific Plan is not a project pursuant to State CEQA Guidelines Section 15061
(b)(3) because it can be seen with certainty that there is no possibility that a land use
interpretation, as distinguished from the future approval of particular uses, may have a
significant effect on the environment. This is because this determination is only
clarifying a section of a Specific Plan and is not approving any establishments or uses.
5
Honorable City Council
January 18, 2017
Page 4
FISCAL IMPACT
This interpretation has no direct fiscal impact. Any application submitted will be
evaluated for its fiscal impact.
STAFF RECOMMENDATION
Adopt Resolution No. 2017-
ATTACHMENTS:
1. Location Map
2. Conceptual Site Plan
3. Conceptual Elevations
4. Sections IV (F) and (G) Carlsberg Specific Plan
5. Courtesy Notice
6. Resolution No. 2017-
6
LOCATION MAP
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please contact Moorpark staff for the most up-to-date information.
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SITE PROGR AM
BUILDING COVERAGE. 22,436 SF
TOTAL FLOOR AREA: 82,697 SF
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KEYS-4th FLOOR: 43
I• \ FUNCTION SPACE:1,818 SF(23 PKG SPACES)
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/, ON SITE PARKING SPACES: 149
I I SHARED PARKING SPACES: 26
('' \ p TOTAL PARKING SPACES: 175
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10
F. SUB-REGIONAL RETAIL/COMMERCIAL (SR/C)
1 1. Purpose and Intent
The sub-regional retail/commercial overlay area is
intended to provide for a shopping center featuring both
retail and service commercial uses for the convenience of
residents of the developmentas well as of the surround-
ing community.
The physical effects of permitted and conditional uses in
this planning area will be limited so that negative
impacts, such as noise, odor, glare, visual impacts, and
other such effects that could be harmful to life or
nearby property, will not be generated. All permitted
and conditional uses shall be conducted entirely within
a completely enclosed building, and no outdoor storage of
supplies, equipmentor materials shall be allowed, except
for company vehicles, garden centers and other similar
uses and as otherwise noted herein.
2. Permitted Uses
a. Business Commercial Services a office supply
Business/Commercial g• � PP Y
stores., communication services, courier services,
etc. )
b. Civic Uses
c. Commercial Entertainment Uses (eg. , theater, meet-
ing hall or other indoor spectator type uses)
d. Commercial Recreation Uses (eg. , miniature golf,
bowling alley, commercial gym).
e. Cultural Uses (eg. , museums, art galleries)
f. Educational Uses (eg. , public or private schools,
colleges or universities)
g. Food Services, including fast-food and full-
service facilities
h. Minor Repair Service (e.g. T.V./radio repair)
i. Office Uses (e.g. accounting, barbershop)
j . Personal Services (eg. , architectural, doctors,
lawyers, real estate or other professional uses)
k. Photographic Reproduction and Graphic Service
1. Public Safety Uses
m. Religious Uses/offices
56 11
CC ATTACHMENT 4 -
n. Retail Sales
o. Any other use which the Director of Community
Development finds consistent with the purpose and
intent of this land use category
3 . Accessory Uses and Structures
a. Fences and walls
b. Security and construction and storage offices,
during construction
d. Signs, per the City Zoning Ordinance and an ap-
proved Master Sign Program (see page 18) .
e. Accessory structures or uses the Director of Com-
munity Development finds to be consistent with, and
subordinate to, a principal use on the same site.
4. Site Development Standards
a. Height of all buildings : 35 feet (2 stories) mea-
sured from the grade of the slab
b. Setbacks measured from property line:
1) Front: 30 feet
• 2) Side:
a) Adjacent to residential lot - 50 feet
b) Adjacent to street - 30 feet
c) Adjacent to alley - 5 feet
d) None of the above - 0 feet
3) Rear:
a) Adjacent to Residential lot - 50 feet
b) Adjacent to street - 30 feet
c) Adjacent to alley - 5 feet
d) None of the above - 0 feet
c. Parking standards : Pursuant to the City of Moor-
park Zoning Code.
d. Minimum site landscaping: 10 percent
57 12
} G. BUSINESS PARK (BP)
I. Purpose and Intent
The business park designation is intended to provide for
the development of a wide variety of office, light
industrial/assembly, research and development and service
uses, which will serve the City of Moorpark and the
surrounding communities . In addition, this land use
category allows a limited amount of business, commercial,
and personal services that directly serve the users and
employees of the business park. The business park is
intended to provide a high quality business environment
which will take advantage of convenient access to the
Moorpark Freeway and New Los Angeles Avenue (SR 118/23) .
The physical effects of permitted and conditional uses in
this planning area will be limited so that negative
impacts, such as noise, odor, glare, visual impacts, and
other such effects that could be harmful to life or
nearby property, will not be generated. All permitted
and conditional uses shall be conducted entirely within
a completely enclosed building, and no outdoor storage of
supplies, equipment or materials shall be allowed, except
for company vehicles and as otherwise noted herein.
iI 2. Permitted Uses
a. Business/Commercial Services (eg. , office supply
stores, communication services, courier services,
etc. *
1
b. Civic uses
c. Clinical services
d. Food services not open to the public, ie. a cafete-
ria, in conjunction with the principal use.
e. Light industrial/assembly uses
f . Office uses
j g. Personal services (eg. , architectural,doctors,
lawyers, real estate or other professional uses) *
h. Research and development uses
1i . Service uses
j . Warehousing and storage uses
k. Wholesaling
58 13
1. Any other use which the Director of Community
Development finds consistent with the purpose and
intent of this land use category.
* Business, commercial and personal service uses
combined shall be limited to a total of 50
percent of the gross floor area of structures
in the business park.
3. Conditional Uses (subject to a Conditional Use Permit)
a. Commercial recreation uses
b. Educational uses
c. Food services not in conjunction with the principal
use.
d. Minor automotive service
e. Public utilities
f. Religious uses
4. Site Development Standards
a. Height of all buildings : 35 feet measured from the
grade of the slab, however, if the site is to be '.
utilized by one single user the height limit shall
not exceed 50 feet measured from the grade of the
slab.
b. Setbacks measured from property line:
1) Front: 20 percent of lot width or depth with
a minimum of 30 feet.
2) Side:
a) Interior: 15 percent of lot width or
depth with a minimum of 30 feet
b) Exterior: 10 percent of lot width or
depth with a minimum of 30 feet
3) Rear: 15 percent of lot width or depth with a
minimum of 10 feet
c. Minimum lot size: 20,000 square feet
d. Minimum lot width: None specified
e. Parking standards : Pursuant to the City of Moor-
park Zoning Code.
f. Minimum site landscaping: 10 percent
59 14
g. All other applicable City codes/standards apply.
15
Notice Continued...
COMMUNITY DEVELOPMENT DEPARTMENT
The proposed application maybe reviewed at: City of Moorpark
p p pp sem` 799 Moorpark Avenue
Community Development Department �rw A Moorpark, CA 93021
City Hall 'WV l Phone: 805.517.6224
799 Moorpark Avenue I% �m Fax: 805.532.2540
Moorpark, CA 93021 _ .
www.moorparkca.gov
Any person affected by the application(s) may
appear and be heard in support or opposition to COURTESY NOTICE
the proposals at the time of the hearing.
NOTICE IS HEREBY GIVEN that a meeting will
Si usted tiene preguntas relacionadas con esta be held before the CITY COUNCIL of the City of
propuesta, comuniquese por favor con Sr. Moorpark, California, on Wednesday, January
Joseph Fiss dentro del Departamento del 18, 2017, at 6:30 p.m., at the Moorpark City
Desarrollo de la Comunidad, al telefono (805) Avenue Hall, located at 799
517-6226. Moorpark
Moorpark, California, 93021, to consider the
Date mailed: a) application described below.
By: Joyce R. Figueroa, Administrative Assistant II v- N ch 4
a) CD_ m
c cc c CASE #: Pre-Application 2016-02
c. Honorable City Council JI _I J (II)
Honorable Planning Commission CO Cl) CO Cl)
City Manager N ami m m le aim APPLICANT: Steve Kohn (Agent for Concord
Deputy City Manager
73 73 -a -a vI Hospitality Enterprises Company)
City Clerk 73 73 'a 13
Community Development Department Q Q Q Q0
Public Hearing Binder OWNER: UST-Patriot LP
City Website
Z LOCATION: South West Corner of Miller
Parkway and Patriot Drive
n
0 >IN PROPOSAL: Consider a Resolution Concurring
c UI) with the Community Development Director's
o Determination that Hotels are Allowable Uses in
—I 0—I -= Q rn the SR/C/BP Land Use Designation of the
eco
` Q a) Carlsberg Specific Plan, Subject To A
0 oo „co Conditional Use Permit and Making a
_ 2 °o co It
Determination of Exemption from CEQA in
o 2 e- Connection Therewith
rn Zig o
Z 1 Ur . 2 CASE PLANNER:
—I
,,,,�. O Joseph Fiss
'4 '�t Economic Development and Planning Manager
al '6fLil#A. 0
�� PHONE: (805) 517-6226
EMAIL: ifissna mnnrnarkca.anv
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, CONCURRING WITH THE
COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION
UNDER SECTION 17.20.030 OF THE ZONING ORDINANCE,
AND THE CARLSBERG SPECIFIC PLAN THAT HOTELS ARE
PERMITTED IN THE SRC/BP LAND USE DESIGNATION
SUBJECT TO A CONDITIONAL USE PERMIT, AND MAKING A
DETERMINATION OF EXEMPTION FROM CEQA IN
CONNECTION THEREWITH
WHEREAS, Section 17.20.030 of the Zoning Ordinance allows for the
Community Development Director to review a proposed use that is not listed in the use
matrices in Sections 17.20.050 and 17.20.060 of the Zoning Ordinance and determine
the review requirements, based on the use being similar in nature, character, and
intensity to one or more of the listed uses; and
WHEREAS, Section IV of the Carlsberg Specific Plan allows for the Community
Development Director to interpret the regulations and standards contained in the
Ordinance, when such interpretation is necessitated by a lack of specificity in such
regulations and standards; and
WHEREAS, the Community Development Director has determined that the
determination of land uses under the Carlsberg Specific Plan and Section 17.20.030 of
the Moorpark Municipal Code is exempt from the California Environmental Quality Act of
1970 as amended, ("CEQA") on the grounds that the clarification and interpretation of a
section of a Specific Plan is not a project pursuant to State CEQA Guidelines Section
15061 (b)(3) because it can be seen with certainty that there is no possibility that a land
use interpretation, as distinguished from the future approval of particular uses, may
have a significant effect on the environment. This is because this determination is only
clarifying a section of a Specific Plan and is not approving any establishments or uses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the determination of the Community Development Director has determined that the
determination of land uses under the Carlsberg Specific Plan and Section 17.20.030 of
the Moorpark Municipal Code is exempt from the California Environmental Quality Act of
1970 as amended, ("CEQA") on the grounds that the clarification and interpretation of a
section of a Specific Plan is not a project pursuant to State CEQA Guidelines Section
15061 (b)(3) because it can be seen with certainty that there is no possibility that a land
use interpretation, as distinguished from the future approval of particular uses, may
have a significant effect on the environment. This is because this determination is only
clarifying a section of a Specific Plan and is not approving any establishments or uses.
17
CC ATTACHMENT 6
Resolution No. 2017-
Page 2
SECTION 2. DETERMINATION OF CONCURRENCE: The City Council concurs
with the determination of the Community Development Director that since the
Commercial Planned Development (CPD) zone in the Moorpark Municipal Code is most
similar to the SR/C/BP land use designation of the Carlsberg Specific Plan; Hotels are
permitted in the CPD zone, subject to a Conditional Use Permit (CUP) and Commercial
Planned Development (CPD) application, considered by the Planning Commission and
City Council; and therefore hotels, along with their ancillary uses should also be
permitted in the SR/C/BP zone, subject to the same type of CUP and CPD application.
SECTION 3. 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 18th day of January, 2017.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
18
S:\Community Development\DEV PMTS\Preapp12016-02 Patriot Hotel\2107018 CC Reso Patriot Hotel.docx