HomeMy WebLinkAboutAGENDA REPORT 2018 0221 CCSA REG ITEM 08A ITEM 8.A.
CITY OF MOORPARK,CAL1FORN
City Council Meeting
BY: L-97-1_
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
Prepared by Freddy A. Carrillo, Associate Planner I
DATE: February 8, 2018 (CC Meeting of 02/21/2018)
SUBJECT: Consider a Resolution Approving Tentative Parcel Map No. 2017-02
for the Subdivision of a 9.61 Acre Developed Lot into Two Parcels of
9.11 Acres and 0.50 Acres at 800 Los Angeles Avenue (Target Store),
and Making a Determination of Exemption Under the California
Environmental Quality Act (CEQA) in Connection Therewith, on the
Application of Moorpark Covenant Group, LLC
BACKGROUND
On October 10, 2017, Moorpark Covenant Group LLC submitted an application for
Tentative Parcel Map No. 2017-02 for the subdivision of a 9.61 acre parcel developed
with the Target store at 800 Los Angeles Avenue and adjacent parking in the Moorpark
Marketplace Shopping Center into two parcels of 9.11 acres and 0.50 acres. The parcel
map would create separate parcels for the Target Store and its former garden center
and will include portions of the parking lot in each parcel. A Permit Adjustment was
recently approved to convert the 8,000 square-foot former Target garden center into a
leasable building. A Tentative Parcel Map (TPM) is required when subdividing a
property under common ownership into four or fewer parcels. The permit required the
Planning Commission's recommendation to the City Council. On January 23, 2017, the
Planning Commission adopted Resolution PC-2018-625, recommending approval of the
subdivision.
DISCUSSION
Project Setting
Existing Site Conditions:
The 9.61 acre lot is located on the south side of Los Angeles Avenue, east of Miller
Parkway and west of the SR-23 freeway. It is improved with the Target store and
parking lot as part of the Moorpark Marketplace Shopping Center.
1
Honorable City Council
February 21, 2018
Page 2
Previous Applications:
On March 20, 2002, the City Council adopted Resolution No. 2002-420 for Commercial
Planned Development (CPD) No. 2001-01, to construct the 357,621 square-foot
Moorpark Marketplace shopping center and Vesting Tract Map No. 5321 for subdivision
of approximately 29 acres into 8 lots.
On June 13, 2017, the Community Development Director approved Permit Adjustment
No. 6 to CPD No. 2001-01 to allow a conversion of Target's unused 8,000 square-foot
garden center to leasable building area, add a new trash enclosure, and add two
outdoor dining areas .
General Plan and Zoning:
The proposed subdivision is consistent with the Zoning classification and General Plan
land use designation. Permits for future uses will be assessed on a case-by-case basis.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Carlsberg Carlsberg Specific Han,
Site Specific Plan Sub-Regional Commercial/ Shopping Center
Business Park
North Light Industrial Industrial Park (M-1) Business Park
Carlsberg Carlsberg Specific Plan,
South Specific Plan Sub-Regional Commercial/ Business Park
Business Park
Carlsberg Carlsberg Specific Plan,
East Specific Plan Sub-Regional Commercial/ Shopping Center
Business Park
Carlsberg Carlsberg Specific Plan,
West Specific Plan Sub-Regional Commercial/ Shopping Center
Business Park
Project Summary
Tentative Parcel Map No. 2017-02 is proposed to subdivide an approximately 9.61 acre
parcel into two parcels of 9.11 acres and 0.50 acres. Currently, the parcel is occupied
by an existing 125,737 square-foot Target store, with an entitled 8,000 square foot
building proposed to replace the former Target garden center. The Target building
would remain on the 9.11 acre parcel and the new building would be constructed wholly
on the 0.50 acre parcel. Each new parcel would include a portion of the parking lot that
is part of the existing parcel. Each parcel could subsequently be sold separately. It is
not uncommon for buildings in shopping centers to be under separate land ownership
for tax and financing purposes.
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Honorable City Council
February 21, 2018
Page 3
ANALYSIS
The proposed subdivision would not affect or change the architecture, setbacks,
building height, or access of the site under CPD No. 2001-01 as amended. The primary
intent of the subdivision is for tax and financing purposes and to allow for separate
ownership, should Target choose to sell the new building. The CPD No. 2001-01
project was originally conditioned to provide for reciprocal access and parking between
parcels. This is recorded in an Operation and Easement Agreement on all properties in
the Moorpark Marketplace Shopping Center. A condition is recommended for this
agreement to continue to apply to both parcels, with review by the Community
Development Director, City Engineer/Public Works Director, and City Attorney. This will
ensure adequate parking remains in place for all users of the buildings based on the
gross floor area of the shopping center and not on individual tenant requirements.
Findings
The following draft Tentative Parcel Map findings are provided for City Council
consideration:
A. The proposed map, including its design and improvements, is consistent with the
City's General Plan and Zoning Ordinance as proposed, in that the map has
been designed to comply with the requirements of the City's General Plan in
providing a new commercial parcel within existing commercial development and
it meets Zoning standards for the Sub-Regional Commercial/Business Park
(SRC/BP) Zone of the Carlsberg Specific Plan.
B. The site is physically suitable for the type of development proposed in that the
site has all required utilities along with adequate ingress and egress, and is
provided with public and emergency services.
C. The site is physically suitable for the proposed intensity of development, in that
all City development standards, including parking, have been met by the existing
shopping center project.
D. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage, in that the site has already been
developed.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems, in that adequate sanitation exists.
F. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large, for access through, or use of the
property within the proposed subdivision, in that full access to and from Los
_ Angeles Avenue and Miller Parkway exists and parking remains available for the
entire shopping center.
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Honorable City Council
February 21, 2018
Page 4
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 Determined Complete: December 12, 2017
City Council Action Deadline: February 22, 2018
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation cannot be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Sections 15301 (Class 1: Existing Facilities) and 15315 (Class 15:
Minor Land Divisions) of the CEQA Guidelines. The proposed subdivision is consistent
with the General Plan and Zoning regulations and the site is already developed. No
further environmental documentation is required.
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 February 11, 2018.
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Honorable City Council ,
February 21, 2018
Page 5
2. Mailing. The notice of the public hearing was mailed on February 9, 2018, 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. Sign. Two 32 square-foot signs were placed on the street frontage on February
9, 2018.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing;
and
2. Adopt Resolution No. CC-2018-
ATTACHMENTS:
1. Location Map
2. Aerial Map
3. Tentative Parcel Map
4. Draft Resolution with Conditions of Approval
•
S:\Community Development\DEV PMTS\T P M12017\2017-02 800 Los Angeles(Target)Vagenda Reports120180221 CC Report.docx
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RESOLUTION NO. 2018-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING TENTATIVE PARCEL
MAP NO. 2017-02 FOR THE SUBDIVISION OF A 9.61 ACRE
DEVELOPED LOT INTO TWO PARCELS OF 9.11 ACRES AND
0.50 ACRES AT 800 LOS ANGELES AVENUE (TARGET STORE),
AND MAKING A DETERMINATION OF EXEMPTION UNDER
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN
CONNECTION THEREWITH, ON THE APPLICATION OF
MOORPARK COVENANT GROUP LLC
WHEREAS, Moorpark Covenant Group LLC submitted an application for
Tentative Parcel Map (TPM) No. 2017-02 on October 10, 2017, for the subdivision of a
9.61 acre developed lot into two parcels of 9.11 acres and 0.50 acres at 800 Los
Angeles Avenue (Target); and
WHEREAS, at a duly noticed public hearing on January 23, 2018 for TPM No.
2017-02, the Planning Commission 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; closed the public hearing
and adopted Resolution No. PC-2018-625, recommending to the City Council approval
of the Tentative Parcel Map; and
WHEREAS, at a duly noticed public hearing on February 21, 2018 for TPM No.
2017-02, 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; closed the public hearing and reached a
decision on this matter; and
WHEREAS, the Community Development Director has determined that TPM No.
2017-02 is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) and 15315
(Class 15: Minor Land Divisions) of the CEQA Guidelines. The proposed subdivision is
consistent with the General Plan and Zoning regulations and the site is already
developed. No further environmental documentation is needed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council, based
on its own independent analysis and judgment, concurs with the Community
Development Director's determination that the project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Sections
15301 (Class 1: Existing Facilities) and 15315 (Class 15: Minor Land Divisions) of the
CEQA Guidelines. The proposed subdivision is consistent with the General Plan and
CC ATTACHMENT 4 10
Resolution No. 2018-
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Zoning regulations and the site is already developed. No further environmental
documentation is needed.
SECTION 2. TENTATIVE PARCEL MAP 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:
A. The proposed map, including its design and improvements, is consistent with the
City's General Plan and Zoning Ordinance as proposed, in that the map has
been designed to comply with the requirements of the City's General Plan in
providing a new commercial parcel within existing commercial development and
it meets Zoning standards for the Sub-Regional Commercial/Business Park
(SRC/BP) Zone of the Carlsberg Specific Plan.
B. The site is physically suitable for the type of development proposed in that the
site has all required utilities along with adequate ingress and egress, and is
provided with public and emergency services.
C. The site is physically suitable for the proposed intensity of development, in that
all City development standards, including parking, have been met by the existing
shopping center project.
D. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage, in that the site has already been
developed.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems, in that adequate sanitation exists.
F. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large, for access through, or use of the
property within the proposed subdivision, in that full access to and from Los
Angeles Avenue and Miller Parkway exists and parking remains available for the
entire shopping center.
SECTION 3. APPROVAL OF PROJECT: Based on all of the findings contained
herein and all the evidence in the record of this matter, the City Council approves TPM
No. 2017-02 subject to the Standard and Special Conditions of Approval included in
Exhibit A (Standard and Special Conditions of Approval), attached hereto and
incorporated herein by reference.
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Resolution No. 2018-
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SECTION 4. FILING OF RESOLUTION: 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 February, 2018.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A — Standard and Special Conditions of Approval
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Resolution No. 2018-
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EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR TENTATIVE PARCEL MAP NO. 2017-02
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Subdivisions and
Planned Developments as adopted by City Council Resolution No. 2009-2799 (Exhibit
A), except as modified by the following Special Conditions of Approval. In the event of
conflict between a Standard and Special Condition of Approval, the Special Condition
shall apply
SPECIAL CONDITIONS OF APPROVAL
1. The applicant's acceptance of this permit and/or commencement of construction
and/or operations under this permit is deemed to be acceptance of all conditions
of this permit.
2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted city policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans
3. The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, 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 Map and/or plans or on the entitlement application. This language shall be
added as a notation to the Final Map and/or to the final plans for the planned
development. A reference to the adopted City Council Resolution shall be
included on the final map in a format acceptable to the Community Development
Director.
4. This subdivision expires two (2) years from the date of its approval. The
Community Development Director with the City Engineer's concurrence may, at
his/her discretion, grant up to one (1) additional one-year extension for map
recordation, if there have been no changes in the adjacent areas and if the
applicant can document that he/she has diligently worked towards Map
recordation during the initial period of time. The request for extension of this Map
must be made in writing, at least thirty calendar (30) days prior to the expiration
date of the map and must be accompanied by applicable entitlement processing
deposits. _
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Resolution No. 2018-
Page 5
5. All Conditions of Approval for Commercial Planned Development (CPD) No
2001-01 and as may be amended are incorporated by reference in this approval
and shall continue to apply.
6. The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, 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 Map and/or plans or on the entitlement application. This language shall be
added as a notation to the Final Map and/or to the final plans for the planned
development.
7. 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.
8. 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 subdivision, 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:
i. The City bears its own attorney fees and costs; and
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 final map is ultimately recorded respect to the
subdivision or a building permit is issued pursuant to the planned
development permit.
9. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
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Resolution No. 2018-
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10. The development must be in substantial conformance with the plans presented in
conjunction with the application for Tentative Parcel Map No. 2017-02, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein. Any future changes to the parking layout shall
require review and approval as determined by the Community Development
Director consistent with Chapter 17.44 of the Zoning Ordinance.
11. Parking areas must be maintained in compliance with the Moorpark Municipal
Code, and surfaced with asphalt, concrete, or other surface acceptable to the
Community Development Director, City Engineer/Public Works Director, and
must include adequate provisions for drainage, National Pollution Discharge
Elimination System (NPDES) compliance, striping and appropriate wheel blocks
or curbs in parking areas adjacent to landscaped areas. All parking space
striping must be maintained to be clearly visible during the life of the
development.
12. The number of parking spaces shall be maintained consistent with Chapter 17.32
of the Zoning Ordinance.
13. The Operation and Easement Agreement between Target Corporation, Kohl's
Department Stores, Inc. and Zelman Moorpark, LLC, recorded on December 24,
2002 in the Office of the County Recorder of the County of Ventura as Document
No. 2002-0327559-00 shall continue to apply to both parcels created by
Tentative Parcel Map No. 2017-02 subject to approval by the Community
Development Director, City Engineer/Public Works Director, and City Attorney.
Engineering / Public Works
14. Prior to Final Map approval and recordation, provide drainage covenants from
adjacent property subject to the satisfaction of the City Engineer/Public Works
Director.
15. Prior to Final Map approval and recordation, provide access agreements and
covenants from adjacent property subject to the satisfaction of the City
Engineer/Public Works Director.
-End-
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