cdd:420-78/sk/H:COMMON/City Council/CC Agenda Items/ 2023/11142023/Janss Hotel/Attachment 3 Ordinance for CEQA-2022-70002 and 2021-70097-Z/pz (FILE ID: CEQA 2022-70002)
Ord. No. 1722-NS
ORDINANCE NO. 1722-NS
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT AND
MITIGATION MONITORI NG AND REPORTING
PROGRAM AND AMENDING THE THOUSAND
OAKS MUNICIPAL CODE RELATING TO THE
OFFICIAL ZONING MAP BY CHANGING THE
ZONING CLASSIFICATION OF A PORTION OF THE
PROPERTY LOCATED AT 225 NORTH MOORPARK
ROAD (ZONE CHANGE Z-2021-70997)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part 1
Based upon the information contained in the staff report, exhibits, and public testimony at the public hearing on November 14, 2023, the City Council approved this zone change application with the following findings:
WHEREAS, the Thousand Oaks Planning Commission held a duly noticed public hearing on October 23, 2023, and t hereafter, recommended that City Council certify the Final Environmental Impact Report No. CEQA-2022-70002, and that the City Council approve Zoning Change (Z) 2021-70997-Z; Development Permit (DP) 2022-70079-DP; Tentative Tract Map (TTM) 2022-70265-TTM; and Special Use Permit (SUP) SUP-2023-70009; to allow the development of the Janss Marketplace Hotel project, to subdivide 21.63-acre of airspace, and to allow for the sale and consumption of beer, wine, and distilled spirit s with food service for a property located at 225 North Moorpark Road; and
WHEREAS, the zoning on the property is currently “Community Shopping Center (C-3)” and the new designation would be “Community Shopping Center – Height Overlay (C-3-H)” to increase the maximum height up to 75 feet to facilitate the development of a five-story develop ment comprised of a 216-room hotel with amenities and approximately 13,000 square feet of commercial retail space; and cdd:420-78/sk/H:COMMON/City Council/CC Agenda Items/ 2023/11142023/Janss Hotel/Attachment 3 Ordinance for CEQA-2022-70002 and 2021-70097-Z/pz (FILE ID: CEQA 2022-70002)
Ord. No. 1722-NS
WHEREAS, upon notice duly given, a public hearing was held at the regular meeting of the City Council of the City of Thousand Oaks on November 14, 2023, at which time evidence, both oral and written, including a Staff Report and a Final Environmental Impact Report, were pres ented and received, and testimony was taken from all interested parties appearing in the matter; and
WHEREAS, an ordinance is required to formalize Council action pursuant to Section 37100 of the California Gove rnment Code, and this ordinance is adopted; therefore, for that purpose and reflects the action of a majority of the members of the City Council (voting ___ - ___) in rendering a decision on this matter following the public hearing at the regular meeting of November 14, 2023.
Part 2
NOW, THEREFORE, BE IT RESOLVED that pursuant to Government Code Section 65850, the City Council of the City of Thousand Oaks does hereby ordain as follows:
SECTION 1. The Final Environment al Impact Report No. CEQA-2022- 70002 is certified and approved.
SECTION 2. 2021-70997-Z is hereby approved and found to be consistent with all Elements of the Thousand Oaks General Plan as proposed in Exhibit "A," based on the following findings:
1. The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan.
The proposed zone amendment will re -designate approximately 36,300 square feet of property, limited to t he footprint of th e building proposed within 2022-70079-DP, from C-3 (Commu nity Shopping Center) to C-3-H (Community Shopping Center – Height Overlay) to increase the building’s maximum height up to 75 feet. T he City of Thousand Oaks General Plan land use designation for the property is Commercial, which encourages hotel, retail, restaurant (including ancillary on-site sale and consumption of alcoholic beverages), and similar uses, and the project site has a corresponding zoning desi gnation of C-3 (Communi ty Shopping Center) and requested C-3-H (Community Shoppi ng Center – Height Overlay).
Upon adoption of the zone change, the proposed amendment will meet this finding because the General Plan land us e designation for the property is Commercial, which aligns with the C-3- H zoning. The proposed project is consistent with the General Plan policies to “maintain and preserve existing neighborhoods through the applicat ion of appropriate zoning and cdd:420-78/sk/H:COMMON/City Council/CC Agenda Items/ 2023/11142023/Janss Hotel/Attachment 3 Ordinance for CEQA-2022-70002 and 2021-70097-Z/pz (FILE ID: CEQA 2022-70002)
Ord. No. 1722-NS
development controls.” The Comme rcial designation permits commercial uses in support of the General Plan g oal “to provide the framework for a planned and unified community containi ng a balance of living, working, shopping, educational, civic, cultural and recreational facilities.” Further, the proposed project is consistent with t he General Plan goals to provide opportunities “enabling commercial, industrial and residential development to flourish in an efficient and compatible manner.” The subject site is not located within any applicable spec ific plan or r edevelopment plan.
Therefore, the proposed Zone Change is in alignment with Thousand Oaks General Plan goals and policies and meets this finding.
2. The project has been reviewed in conf ormance with the provisions of the California Environmental Quality Act.
The proposed Zone Change has been revi ewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the Final EIR that was prepared for the project. The Final EIR identifies where all areas listed as pot entially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.
SECTION 3. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct;
(b) Resolution Nos. 2023-062 and 2023-063 for the Project entitlements, adopted by the City Council on November 14, 2023, and which Resolutions and exhibits are incorporated herein by reference as if set forth in full;
(c) All City Staff reports (and all other public reports and documents) prepared for the Planning Commission and City Council, relating to the Zone Change and other actions relating to the Project;
(d) All documentary and oral evidenc e received at public hearings or submitted to the City during the comment period relating to the zone change, and other actions relating to the Project; and
cdd:420-78/sk/H:COMMON/City Council/CC Agenda Items/ 2023/11142023/Janss Hotel/Attachment 3 Ordinance for CEQA-2022-70002 and 2021-70097-Z/pz (FILE ID: CEQA 2022-70002)
Ord. No. 1722-NS
(e) All other matters of common kn owledge to the Planning Commission and City Council, including, but not limited to the City’s fiscal and financial status; City po licies and regulations; reports, projections and correspondence related to development within and surrounding the City, State laws and regulations and publications.
SECTION 4. The City Council hereby approves the Zone Change, attached hereto as Exhibit A, subject further to such minor, confo rming and clarifying changes consistent with the terms t hereof as may be approved by the City Manager, in consultation with the City Atto rney to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, and conformity to the General Plan, as amended, as approved by the City Council.
Part 3
Pursuant to Title 9 Zoning Map of the City of Thousand Oaks Municipal Code, Official Zoning Map, is amended to read as follows:
Thousand Oaks Official Zoning Map
The land and other property shown upo n the map, attached hereto as Exhibit A and incorporated herein by refer ence, are zoned according to the zone classification symbols indicated on sa id map, changing t he zoning from C-3 (Community Shopping Center) to C-3-H (Community Shopping Center – Height Overlay) for approximately 36,300 square feet of property, limited to the footprint of the building proposed within DP- 2022-70079 located at 225 North Moorpark Road (Assessor’s Parcel Number: 525-0-030-470).
Part 4
(Uncodified)
Severability
If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that th is title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that anyone or more cdd:420-78/sk/H:COMMON/City Council/CC Agenda Items/ 2023/11142023/Janss Hotel/Attachment 3 Ordinance for CEQA-2022-70002 and 2021-70097-Z/pz (FILE ID: CEQA 2022-70002)
Ord. No. 1722-NS
sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Part 5
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED this XX day of XXX, 2023, by the following vote:
Ayes:
Noes:
Absent:
________________________________
Kevin McNamee, Mayor
City of Thousand Oaks City Council
ATTEST/CERTIFY:
________________________________
Laura B. Maguire, City Clerk
Date Attested: ____________________
APPROVED AS TO FORM:
Office of the City Attorney
________________________________
Tracy M. Noonan, City Attorney
cdd:420-78/sk/H:COMMON/City Council/CC Agenda Items/ 2023/11142023/Janss Hotel/Attachment 3 Ordinance for CEQA-2022-70002 and 2021-70097-Z/pz (FILE ID: CEQA 2022-70002)
Ord. No. 1722-NS
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
Introduced: November 14, 2023
Published: November 28, 2023, and XXX XX, 2023
Ordinance No.: 1722-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
cdd:420-78/sk/H:COMMON/City Council/CC Agenda Items/ 2023/11142023/Janss Hotel/Attachment 3 Ordinance for CEQA-2022-70002 and 2021-70097-Z/pz (FILE ID: CEQA 2022-70002)
Ord. No. 1722-NS
EXHIBIT A
Zone Change Z-2021-70997
Verdant Thousand Oaks LLC (Adam Corral – Greens Development)