HomeMy WebLinkAboutAGENDA REPORT 1999 0818 CC REG ITEM 10JTo:
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Date:
AGENDA REPORT
City of Moorpark
The Honorable City Council
ITEM / 0. J .
CITY OF MOORPARK. CALIFORNIA
City Council ;Meeting
of �1.L�1_q.
ACTION:
Lo. IoL414
Wayne Loftus, Acting Director of Community Developmen���
Prepared by Paul Porter, Principal Planner
August 6, 1999 (CC meeting August 18, 1999)
Subject: Consider Minor Modification No. 1 to Planned Development
Permit No. 1061 request for conversion of 3,000 square
feet of warehouse to retail space at an existing building
located at 31 Poindexter Avenue (Applicant: Kahoots Feed
and Supply)
BACKGROUND:
This proposed Minor Modification is a request for conversion of
3,000 sq.ft. of warehouse usage to retail space for a total of
6,300 sq.ft. of retail space in an existing 16,000 sq.ft. warehouse
type building currently used for retail sales and storage of farm
and ranch supplies. The building currently contains 11,000 sq.ft.
of warehouse space, 1,700 sq.ft. of office space and 3,300 sq.ft.
of retail sales area. The applicant is proposing to provide
additional parking on site to meet code requirements for the floor
area proposed to be converted to retail sales. Based on the staff
recommendation to reconfigure the parking lot, the parking
recommendations and design guidelines contained with the Downtown
Specific Plan, the requested expansion with the proposed number of
parking spaces could be allowed.
DISCUSSION:
On September 15, 1986, the City Council adopted Ordinance No. 80,
changing the Zoning designation of the two existing buildings at
111 and 165 Poindexter Avenue and 31 Poindexter Avenue (subject
site) from M -1 (Industrial Park) to C -2 (General Commercial). This
change of zone resulted in the subject site at 31 Poindexter Avenue
becoming a legal non - conforming use because it did not meet the
development standards for a commercial zone.
M: \KSchmidt \M \City Council Agenda Reports \Pdl06l #l.sr.doc
000288
Planned Development Permit No. 1061
Minor Modification No.l (Kahoots)
8/18/99
Page 2
Planned Development Permit No. 1061 was subsequently approved by
the Planning Commission on August 3, 1987, converting the existing
11,760 sq.ft. warehouse building at 111 and 165 Poindexter Avenue
to a commercial use but did not include 31 Poindexter Avenue in the
change to commercial use even though this site is part of Planned
Development Permit No. 1061. Based upon the current uses in this
building and the approval of this request should it be granted by
City Council, 31 Poindexter Ave (subject site) will be recognized
for commercial uses and no industrial uses may be allowed.
On May 18, 1998, the applicant received notification from the
Building and Safety Department that their installation of public
service counters and a cash register in the warehouse portion of
the building changed the occupancy from S -2 (Low Hazard Storage) to
M (Mercantile), requiring a Change of Occupancy Permit. The
applicant was subsequently informed by the Code Enforcement Officer
that the change of use from warehouse to retail space required a
permit from the Community Development Department.
SUMMARY OF ZONING AND GENERAL PLAN DESIGNATIONS AND LAND USES
Direction Zoning General Plan
Site C -OT Old Town
Commercial
North C -OT Old Town
Commercial
South C -1, R -1 Neighborhood
Commercial,
Medium Density
Residential
East C -OT Old Town
Commercial
West C -2 General
Commercial
T-anri TT. .qa
Kahoots Feed
Metrolink Yard
Moorpark Central
Market,
Residential
Moorpark Ave.
Commercial
Commercial
Definitions of Zoning designations: C -OT = Commercial Old Town, C -1
= Neighborhood Commercial, C -2 = General Commercial, R -1 = Single
Family Residential.
M: \KSchmidt \M \City Council Agenda Reports \Pdl061 #l.sr.doc
0002Qf -) 9
Planned Development Permit No. 1061
Minor Modification No.l (Kahoots)
8/18/99
Page 3
This project is within both the Downtown Specific Plan area and the
Redevelopment Project Area. Additionally, all of the surrounding
uses, except the multi- tenant commercial building to the west at
111 and 165 Poindexter Avenue and the single family dwellings on
McFadden Avenue are within the Downtown Specific Plan area.
SITE ACCESS:
Access to the site is provided by three (3) curb cuts on Poindexter
Avenue, all approximately 24' in width. There is also a common
driveway that serves the subject site as well as the building at
111 Poindexter Avenue which is on a separate parcel west of the
subject site.
PARKING:
Currently there are 15 parking spaces in the parking lot which is
paved with asphalt. These spaces are located along the south side
of the existing building at approximately a 60 degree angle to the
structure. Neither the size of the spaces, the width of the access
aisle (17'5 ") or its relationship to the street (Poindexter Avenue)
is consistent with current parking standards. With the exception of
the handicapped space, each existing space is at a 60 degree angle
and measures approximately 9' x 18'. The handicapped space which is
917" x 2416 "' is located parallel and within a portion of the
driving aisle adjacent to the building and has not been provided
with adequate maneuvering area.
As proposed by this application, the 8,000 sq.ft. of warehouse
space, 1,700 sq.ft. of office and 6,300 sq.ft. of retail space
requires twenty two (22) parking spaces, which is seven (7) spaces
more than are currently provided. This required total reflects
Section 17.32.025 of the Municipal Code which establishes a parking
ratio of one half (1/2) the required number of spaces for uses
located in the Downtown area as compared to those same uses located
elsewhere in the City.
Applicant is proposing to add seven (7) parking spaces on site.
These spaces are located on both the west and south sides of the
building. Of these seven spaces, three (3) are proposed to be
parallel parking spaces on the west side of the building, each
measuring 8' x 24' and located within a 12'7" side yard setback
area, which is also part of the existing 34' wide common driveway
between 31 and 111 Poindexter Avenue. The northerly most parallel
M: \KSchmidt \M \City Council Agenda Reports \Pdl06l #l.sr.doc
0002so
Planned Development Permit No. 1061
Minor Modification No.l (Kahoots)
8/18/99
Page 4
parking space as proposed would be located between the building and
the trash enclosure. The remaining four spaces are proposed to be
added on the south side of the building, three parking spaces at a
60 degree angle in front of the loading docks and the remaining
parking space located by the main entrance adjacent to Moorpark
Avenue. The depth of the proposed diagonal spaces on the south side
of the building will range from 18' (5 spaces) and 20' (12 spaces)
to 24'(1 space), and each of these spaces will have a width of 9'.
The City standard in commercial zones is 9' x 20', however, the
depth may change depending on the angle to the driving aisle.
Parking Spaces: Section 17.32.080 of the Municipal Code requires 60
degree angled parking spaces to measure 9' x 21'. The existing
spaces and many of the proposed spaces would not meet this size
requirement (five spaces will have a length of 18').
Parallel Parking: The proposed parallel parking on the western side
of the building would create a situation whereby a car parked in
the northernmost space might be unable to exit if a car was parked
behind, due to the location of the trash enclosure adjacent to the
space. Staff has recommended the installation of 30 degree angled
parking spaces to replace the parallel parking spaces proposed on
the western side of the building. These spaces will reduce the
width of the common drive aisle from 34' to 16' which meets code
requirements, but only for one way traffic. This will affect the
circulation pattern at 111 Poindexter Avenue by requiring the
common driveway between 31 and 111 Poindexter Avenue which are
separate parcels to be an entrance only, while the second driveway
on the adjacent site would serve as an exit only. This change on
the adjacent site is possible as both of these properties currently
are held by the same owner and are covered under the provisions of
Planned Development Permit No. 1061. A condition has been
recommended requiring the applicant to provide for an irrevocable
non - exclusive reciprocal parking and ingress /egress easement
between 31 and 111 Poindexter Avenue.
Driving Aisles: Section 17.32.080 of the Municipal Code requires
driving aisles for 60 degree parking to be 20' in width for one way
traffic and 25' for two way traffic. The existing 1715" aisle does
not meet this standard. The applicant's proposal for additional
angled parking spaces on the south side of the building will not
reduce the width of the existing aisle because most of the spaces
are of inadequate length (providing longer spaces which would meet
the code would reduce the aisle width). Five parking spaces
M: \KSchmidt \M \City Council Agenda Reports \Pd1061 #l.sr.doc
000291
Planned Development Permit No. 1061
Minor Modification No.l (Kahoots)
8/18/99
Page 5
(existing) and six spaces (proposed) are to the east of all of the
curb cuts, requiring a backing movement down the aisle to a curb
cut. Although these five spaces do not meet current code
requirements, they could be considered for retention because no
expansion of the building size is proposed and backing movements
could still be performed down the aisle to a curb cut although this
is not the City standard and is not preferred. Installation of
parking spaces which meet code requirements for additional length
(to 21') would reduce the aisle width below 17'5" resulting in a
parking lot which would be less functional than the current non-
conforming situation.
Summary: An inadequate driving aisle width and parking spaces which
do not meet the size and number required by the code has existed
since commercial uses were allowed in the building in 1991 and has
not been demonstrated to create a hazardous condition. Staff has
observed that the parking lot rarely is filled to capacity. In
addition, approval of this application with the proposed conditions
would increase the number of spaces provided by adding six (6)
spaces for a total of 21 spaces and provide an opportunity to
improve the parking lot with additional landscaping, paving and re-
striping as necessary. The total number of parking spaces achieved
under this revised layout at twenty -one (21) spaces is one (1)
space short of code requirements of twenty -two (22) spaces, but is
consistent with Section 3.8.2 (Parking Recommendations and Design
Guidelines) of the Downtown Specific Plan, which allows an
expansion of commercial uses if a commercial is considered non-
conforming only by reason of inadequate parking spaces. This is
because the proposed expansion to include additional retail space
does not further reduce the existing amount of parking spaces and
7 additional spaces have been added to meet the difference in
parking requirements for the additional commercial space.
EXPANSION OF NONCONFORMING BUILDINGS:
At present, this building is an existing legal non - conforming use
as specified in PD 1061 based upon the size and number of parking
spaces which do not meet the requirements set forth by the
Municipal Code. This situation will not be completely alleviated if
this application is approved. However, the overall site would be in
greater compliance with the code provisions than currently exists.
Section 17.52 of the Municipal Code governs the continuation and
expansion of non - conforming structures and uses. This Chapter
M: \KSchmidt \M \City Council Agenda Reports \Pdl061 #l.sr.doc
0 00292
Planned Development Permit No. 1061
Minor Modification No.l (Kahoots)
8/18/99
Page 6
allows existing legal non - conforming structures to continue and
expand, providing that all improvements meet the current standards.
This application is for internal modifications only to the building
and represents an expansion of use due to the increase in the
amount of retail space provided.
Section 3.8.2 of the Downtown Specific Plan indicates that
buildings which are non - conforming due to the provision of
inadequate facilities are exempt from the Downtown Specific Plan
prohibition against enlargements or expansions of use.
LANDSCAPING:
Section 17.32.100 of the Municipal Code requires that at least 100
of the site and 10% of the parking area be landscaped. At present,
there is one 3' x 60' (180 sq.ft.) planter with shrubs adjacent to
Moorpark Avenue. Also, nine (9) trees are in tree wells behind the
parking spaces adjacent to the south side of the building and two
additional trees are located in planter boxes by the main entrance.
These tree wells total 236 sq.ft. in size. The total landscaping on
site is approximately 416 sq.ft., or 1.50 of the site. Applicant is
proposing to add four (4) trees (for a total of 15) in four
additional tree wells for a total of 155 sq.ft. of additional
landscaping. Staff also recommends adoption of a condition
requiring the installation of a landscape planter adjacent to the
building entrance and at the corner of Moorpark and Poindexter
Avenues, as well as the installation of one tree well for each
additional parking space. If all of the proposed and staff
recommended changes concerning landscaping were implemented, there
would be approximately 1,005 sq.ft. of landscaping or, 3.7% of the
site.
CONCLUSION:
Inasmuch as this request is for internal modifications to the
building only, and that an existing non - conforming (parking)
condition will become more conforming by providing additional
parking spaces and landscaping, staff recommends approval of this
permit and has prepared a draft Resolution which includes:
M: \KSchmidt \M \City Council Agenda Reports \Pdl06l #l.sr.doc
000293
Planned Development Permit No. 1061
Minor Modification No.l (Kahoots)
8/18/99
Page 7
• An irrevocable reciprocal access agreement between the property
at 31 and 111 and 165 Poindexter Avenue to provide for four
additional parking spaces and ingress and egress.
• Installation of four (4) angled parking spaces on the west side
of the building at a 30 degree angle.
• Elimination of the two (2) parking spaces located in front of the
existing loading dock which are to be relocated to the west side
of the building. Total parking provided will be 21 spaces,
consistent with Section 3.8.2 of the Downtown Specific Plan
which allows expansion of commercial uses when the only
deficiency is parking and additional parking spaces for any
expanded use is provided which is occurring through this
application.
• Relocation of the existing handicapped parking space to the front
entrance, adjacent to the existing equipment enclosure.
• Installation of additional tree wells behind each proposed
parking spaces as well as an additional planter area adjacent to
the main entrance and at the corner of Moorpark and Poindexter
Avenues resulting in 1,005 sq.ft. of landscaping which is
equivalent to 3.70 of the site.
ENVIRONMENTAL DETERMINATION:
This project is Categorically Exempt from CEQA requirements as a
Class 1 Exemption, for the operation or alteration of existing
private structures.
STAFF RECOMMENDATION:
Adopt Resolution No. 99- conditionally approving Minor
Modification No. 1 to Planned Development Permit No. 1061 for
conversion of 3,000 sq.ft. of floor area from warehouse to retail
use.
EXHIBITS:
1) Resolution No. 99- 4) Zoning Map
2) Approved site plan 5) General Plan Map
3) Proposed site plan
M: \KSchmidt \M \City Council Agenda Reports \pd1061 #l.sr.doc
000294
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO.
1 TO PLANNED DEVELOPMENT PERMIT NO. 1061, REQUESTING
CONVERSION OF 3,000 SQUARE FEET OF WAREHOUSE TO RETAIL
SPACE AT AN EXISTING BUILDING LOCATED AT 31 POINDEXTER
AVENUE ON THE APPLICATION OF KAHOOTS FEED AND SUPPLY
(APN NO. 511 -0- 090 -200).
WHEREAS, Kahoots Feed and Supply applied for Minor
Modification No. 1 to Planned Development Permit No. 1061 for
conversion of 3,000 square feet of warehouse space to retail
space for a resulting total of 6,300 sq.ft. of retail, 8,000
sq.ft. of warehouse and 1,700 sq.ft. of office space; and
WHEREAS, based upon the current use of this building and
the proposed conversion of a portion of this structure to allow
additional retail use, the previous opportunity to allow
industrial uses will no longer exist; and
WHEREAS, the Director of Community Development referred the
matter to the City Council on August 18, 1999; and
WHEREAS, at its meeting of August 18, 1999, the City
Council after review and consideration of the information
contained in the staff report dated August 6, 1999, reached a
decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Based upon the information and findings
presented in the staff report and accompanying documents and
public testimony, the City Council finds that:
1. The project is Categorically Exempt from California
Environmental Quality Act requirements as a Class 1
exemption for the operation or alteration of existing
private structures;
2. The Minor Modification is consistent with the intent and
provisions of the City's General Plan and of the City
Zoning Ordinance;
3. The Minor Modification is compatible with the character of
surrounding development;
000295
M: \KSchmidt \M \RESOLUTIONS \Pd1061 #l.res.doc
EXHIBIT 1
City Council Resolution No. 99-
Page 2
4. The proposed Minor Modification would not be obnoxious or
harmful, or impair the utility of neighboring property or
uses;
5. The Permit would not be detrimental to the public interest,
health, safety, convenience, or welfare;
6. The conditionally permitted use is compatible with existing
and planned land uses in the general area where the
development is to be located; and
7. The proposed project would not have a substantial adverse
impact on surrounding properties.
SECTION 2. The City Council conditionally approves Minor
Modification No. 1 to Planned Development Permit No. 1061 for
conversion of 3,000 square feet of warehouse space to retail
space for a resulting total of 6,300 sq.ft. of retail, 8,000
sq.ft. of warehouse and 1,700 sq.ft. of office space.
SECTION 3. Approval of Minor Modification No. 1 to Planned
Development Permit No. 1061 is subject to the following
conditions:
1. Approval of a Zoning Clearance from the Community
Development Department and an occupancy inspection and a
Change of Occupancy Permit from the Building Department is
required prior to the construction improvements permitted
by this Resolution. The location and design of improvements
shall be as shown on the approved plans as modified by the
following conditions of Section 3 of this Resolution.
2. All conditions of approval of Planned Development No. 1061
shall apply unless otherwise modified by this permit. The
site retains its legal non - conforming status allowing
industrial uses including warehouses.
3. The approved plans and construction of the building shall
not be revised to reflect any additional modifications,
unless an appropriate modification is approved by the City.
M: \KSchmidt \M \RESOLUTIONS \Pd1O61 #1.res.doc 000296
City Council Resolution No. 99-
Page 3
4. The parking lot shall be re -paved and all parking spaces
shall be re- striped in accordance with the approved site
plan and the conditions of this Resolution.
S. Four parking spaces shall be installed adjacent to the
western side of the building. Each parking space shall be
installed at a 30 degree angle as specified in Section
17.32.080 of the Municipal Code. Two perpendicular parking
spaces shall be added in front of the main entrance, one
space on the west side of the entrance ramp and one space
on the east side of the ramp.
6. Parking on the south side of the building shall be
installed in accordance with the submitted plan with the
exception that there shall be no parking in front of the
central loading dock and that the handicapped parking space
shall be relocated to the front entrance adjacent to the
equipment enclosure.
7. Prior to the issuance of a Zoning Clearance, a complete
landscaping plan together with specifications to include
additional trees and landscaping shall be submitted to the
Director of Community Development. Required landscaping
shall include the addition of trees in the existing planter
adjacent to Moorpark Avenue, addition of a tree and ground
cover in the tree well behind every angled parking space,
installation of a planter adjacent to the main entrance and
a planter, measuring approximately 20' x 20', at the corner
of Moorpark and Poindexter Avenues.
8. The continued maintenance of the landscaping, permit area,
and facilities shall be subject to periodic inspection by
the City. The permittee shall be required to remedy any
defects in ground maintenance, as indicated by the Code
Enforcement Officer within thirty (30) days after
notification.
9. The applicant and successors, heirs, and assigns shall
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such graffiti
removal shall be accomplished to the satisfaction of the
Director of Community Development.
M: \KSchmidt \M \RESOLUTIONS \Pd1061 #l.res.doc 000297
City Council Resolution No. 99-
Page 4
10. Prior to issuance of a Zoning Clearance for construction of
improvements, the applicant shall pay all applicable fees
and all outstanding case processing costs.
11. Failure to inaugurate this Minor Modification within
one (1) year from the date of approval will render this
Minor Modification null and void. A one (1) year extension
to this Minor Modification Permit may be granted by the
Director of Community Development upon the written request
and payment of the appropriate filing fee.
12. Prior to issuance of a Zone Clearance, applicant shall
provide for non - exclusive irrevocable reciprocal parking
and ingress /egress easements between and on behalf of all
the owners of the developments at Assessors Parcel Map Nos.
511 -0- 090 -200 and 511 -0- 090 -060 (adjoining property to the
west) . Said easements shall be provided by a City approved
document and shall be reviewed and approved by the Director
of Community Development.
SECTION 4. 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 August, 1999.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
M: \KSchmidt \M \RESOLUTIONS \Pd1061 #l.res.doc 000298
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Legend
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Neighborhood Commercial
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