HomeMy WebLinkAboutRES CC 1991 798 1991 1002RESOLUTION NO. _ 91-798
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA
CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (EIR),
ADOPTING THE MITIGATION MONITORING PLAN, FINDINGS OF SIGNIFICANCE AND
STATEMENT OF OVERRIDING CONSIDERATIONS AND, APPROVING THE MAJOR
MODIFICATION #1 FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT (CPD) 89 -1, 89 -2
(MISSION BELL PLAZA) FOR VENTURA PACIFIC CAPITAL CORPORATION AND MACLEOD
CONSTRUCTION COMPANY (ASSESSOR'S PARCEL # 511-080-190,200,210,310,320, AND 370).
WHEREAS, at duly noticed public hearing on August 21, 1991, September 4, 1991, and
September 18, 1991, the City Council considered the application by Ventura Pacific Capital
Corporation and Macleod Construction Company for major modification #1 to Commercial Planned
Development Permit (CPD) 89 -1, 89 -2 for the construction and operation of a 265,940 square foot
commercial shopping center (including 221,440 square feet of general retail uses, 24,000 square feet of
restaurants, a 2,300 gasoline service station, 9,000 square feet of medical /dental office and a 9,200
square foot outdoor plant nursery) located on the north side of Los Angeles Avenue and west side of Park
Lane in the City of Moorpark; and
WHEREAS, at its meeting of August 21, 1991, September 4, 1991, and September 18, 1991, the
City Council opened the public hearing, and took testimony from all those wishing to testify and then
closed the public hearing on September 18,1991; and
WHEREAS, the City Council after review and consideration of the information contained in
the Staff Report dated August 21, 1991, September 4, 1991, and September 18, 1991, and the draft
Supplemental Environmental Impact Report (EIR) prepared for the proposed project has reached a
decision on this matter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA,
DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California Environmental Quality Act
(CEQA, Division 13 of the Public Resources Code of the State of California), the City Council of
the City of Moorpark determines that the environmental issues, effects and mitigation of the
proposed project are similar to those addressed in the Draft Supplemental EIR prepared for the
proposed project and that cumulative impacts are adequately addressed in the Draft
Supplemental EIR.
SECTION 2. That the City Council certifies the following:
a. The certification of the Final Supplemental EIR for the major modification #1 to the
Commercial Planned Development Permit (CPD) 89 -1, 89 2 pursuant to the findings in the staff
report dated August 21, 1991.
b. Certification of the Mitigation Monitoring Plan for the Final Supplemental EIR, which
is incorporated herein by reference as Exhibit "C ".
C. Approves the Findings of Significance and Statement of Overriding Considerations as
required under section 21081 and 15093 of the California Environmental Quality Act (CEQA)
and Guidelines, which are incorporated herein by reference as Exhibits "D" and "E ".
SECTION 3. That the City Council finds that the proposed project is consistent with the
City's General Plan.
SECTION 4. Therefore, the City Council approves the following:
a. Major Modification #1 for Commercial Planned Development Permit (CPD) 89 -1, 89 -2,
subject to the conditions of approval contained in the staff report dated October 2, 1991,
(EXHIBI7A') including the changes to the conditions of approval as stated by the City Council
on September 4, 1991, and September 18, 1991
PASSED, APPROVED AND ADOPTED THIS OCTOBER 2, 1991.
( -- ",zey, ,
Paul W. La son, Jr.-
City of Moorpark
ATTEST:
Exhibit E-
if Approval for CPD 89 -1, 89 -2
Significance '
Statement of Overriding Considerations
EXHIBIT A
CPD 89 -1 AND 89-2 - MAJOR MODIFICATION tit
CONDITIONS OF APPROVAL
October 2,1991
GENERAL REQUIREMENTS
The permit is granted for the land and major modification to the original project (original
project approved October 17,1990) as shown on the final plot plans and elevations approved by
the City Council on October 2, 1991. The location and design of all site improvements shall be
as shown on the approved plot and elevations except or unless indicated otherwise herein.
2. The development is subject to all applicable regulations of the CPD Zone and all agencies of the
State, Ventura County, the City of Moorpark and any other governmental entities.
3. Unless the project is inaugurated (building foundation slab in place and substantial work in
progress) not later than one year after this permit is granted, this permit shall automatically
expire on that date. The Director of Community Development may, at his discretion, grant up
to one (1) additional year extension for project inauguration if there have been no changes in the
adjacent areas and if applicant can document that he has diligently worked towards
inauguration of the project during the initial one -year period.
4. All facilities and uses other than those specifically requested in the application are
prohibited unless a modification application has been approved by the City of Moorpark. Any
minor changes to this permit shall require the submittal of an application for a minor
modification and any major changes to this permit shall require the submittal of a major
modification as determined by the Director of Community Development.
5. The design, maintenance, and operation of the permit area and facilities thereon shall comply
with all applicable requirements and enactments of Federal, State, County, and City
authorities, and all such requirements and enactments shall, by reference, become conditions of
this permit.
6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation
of law or any unlawful rules or regulations or orders of an authorized governmental agency. In
instances where more than one set of rules apply, the stricter ones shall take precedence.
7. If any of the conditions or limitations of this permit are held to invalid, that holding shall not
invalidate any of the remaining conditions or limitations set forth.
8. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole
expense, any action brought against the City because of issuance (or renewal) of this permit or in
the alternative to relinquish this permit. Permittee will reimburse the City of any court costs
and /or attorney's fees which the City may be required by court to pay as a result of any such
action. The City, may, as its sole discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his obligations under this condition.
Prior to submission of construction plans for plan check or initiation of any construction activity,
a zoning clearance shall be obtained from the Department of Community Development.
Applicant may submit building construction plans to Department of Building and Safety with a
City approved Hold Harmless Agreement.
10. This Major Modification #1 to the Commercial Planned Development Permit shall expire when
the use for which it is granted is discontinued for a period of 180 or more consecutive days.
11. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of
the subject building, or the owner's representative shall apply for a Zoning Clearance from the
Department of Community Development
12. The Director of Community Development, or his designee, shall have the authority to
conditionally approve or deny a Zoning Clearance request for tenant occupancy consistent with
Article 45 of the Zoning Code. The cost of the Zoning Clearance shall be borne by the applicant
for tenant occupancy.
13. The permittee's acceptance of this permit and /or commencement of construction and /or
operations under this permit shall be deemed acceptance of all conditions of this permit.
14. If any archaeological or historical artifacts are uncovered during excavation operations the
permittee shall assure the preservation of the site, shall obtain the services of a qualified
archaeologist to recommend proper disposition of the site, and shall obtain the Director of
Community Development's written concurrence of the recommended disposition before resuming
development. Should human burial remains be encountered during any grading or excavation
activities, the permittee shall cease operation and shall notify in writing the Community
Development Department staff. Following notification, the permittee shall obtain the
services of a qualified archaeological consultant and Native American Monitor(s) who shall
assess the situation and recommend proper disposition of the site as approved by the Director of
Community Development.
15. No later than ten (10) days after change of ownership or lessee of this property, the Director of
Community Development shall be notified, in writing, of the new owner or lessee. The same
letter shall state that the new owner or lessee has read all conditions pertaining to this Permit
and agrees with said conditions.
16. Within two days after approval of the project by the City Council, the applicant shall deposit
with the City a check for $850.00 plus a $25.00 filing fee made payable to the County of
Ventura. This fee is for the State Department of Fish and Game required Notice of
Determination filing fee in accordance with Assembly Bill 3158, for the management and
protection of statewide fish and wildlife trust resources.
17. Payment of all required fees stated in these conditions of approval for CPD 89 -1, 89 -2 fulfills
the fee requirements listed in the conditions of approval for TTM 4757.
18. Any appropriate conditions for Tentative Tract Map 4757 that are applicable to the
Commercial Planned Development Permit (Major Modification) shall be incorporated by
reference in the conditions of approval for CPn 89 -1, 89 -2 (Ma)or Modification).
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
19. Prior to issuance of a Zoning Clearance, a comprehensive sign program for the shopping center
shall be submitted to the Department of Community Development. The sign program shall be
designed to provide a uniform sign arrangement and design. Only individual channel letters
shall be allowed. No lighted window signs will be allowed. The sign program shall be
approved by the Director of Community Development or his designee prior to the issuance of a
Zoning Clearance. All new lessees shall conform to the approved sign program and be required
to obtain a sign permit from the Community Development Department. Monument signs shall be
limited to Los Angeles Avenue, Park Lane, and Liberty Bell Avenue and shall be externally
lighted.
a . Building and monument signage for CPD 89 -1, 89 -2 shall be in accordance with the City
Council Signage Subcommittee decision of August 26, 1991 regarding the applicant's
conceptual sign plan. The subcommittee determined the following:
-- A maximum total of two 6 foot by 8 foot monument signs will be permitted for
the two major anchor tenants along Los Angeles Avenue.
-- A maximum of four 4 foot by 6 foot monument signs will be permitted for single
use tenants (three along Los Angeles Avenue, one on Liberty Bell Road).
-- Lighting for the signs may be external or internal and individual letters
(preferably channel letters) must be used. All lettering for all signs shall be of
the the same style.
20. Prior to issuance of a Zoning Clearance, a Surety Performance Bond in the amount of $10,000
shall be filed and accepted by the Director of Community Development. The Director of
Community Development may, through a public hearing to be heard before the City Council,
recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance
of the conditions of approval, or for some other just cause. This condition shall automatically
be superseded by a related resolution or ordinance regarding condition compliance for
entitlement approvals as adopted by the City Council.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase I1 and Phase III will be allowed to record the parcel map (LDM 89 -2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase 1).
21. Prior to the issuance of a Zoning Clearance, the applicant shall pay all outstanding case
processing (planning and engineering), environmental impact report preparation costs, and all
City legal service fees be paid for the Major Modification #1 to CPD 89 -1 and 89 -2 and TTM
4757.
22. Prior to the issuance of a Zoning Clearance, the applicant shall deposit fees pursuant to City
Resolution No. 89-605 for condition compliance review.
23. Prior to the issuance of a Zoning Clearance, the permitter shall sign a statement indicating
awareness and understanding of all permit conditions, and shall agree to abide by these
conditions.
24. Exterior pedestrian trash receptacles in the walk areas shall be provided. The elevations of
these receptacles shall be depicted on the plan and shall be approved by the Director of
Community Development or his designee
25. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional
one -half foot of width must be provided for parking spaces located adjacent to a wall. If the
project is constructed in three phases as proposed, the parking lot for that phase shall be
designed and constructed to City Engineering and Zoning Code standards as approved by the
Director of Community Development. Required access to all parking spaces shall be approved
by both the City Engineer and Director of Community Development.
The required number of parking spaces for the entire project (phases 1, 2 and 3) shall be in
accordance with the City's previous parking code, which required 1 space per 300 square feet of
retail uses, except for the proposed additional 19,665 square feet of retail space, which shall
require parking spaces in accordance with the current parking code at I space per 250 square
feet. Each phase shall meet this requirement.
The Community Development Director shall ensure that all required parking spaces are placed
as legally bound by the Reciprocal Access and Parking Agreement as stated in condition #100 of
CPD 89 -1, 89 -2. If Condition # 100 cannot be met, the Community Development Director, may
require the reduction of building square footage and /or the limitation of uses which can be
shown to meet the parking requirements, as stated above for each phase.
26. The existing plans shall be revised by the applicant and approved by the Director of
Community Development. The following revisions shall be made:
a. Only one driveway from Los Angeles Avenue shall be permitted.
b. The proposed tower sign shall be eliminated.
c. A 20 foot landscape setback (not including the public right -of -way) shall be provided along
Los Angeles Avenue, Liberty Bell Avenue, Park Lane and Lassen Avenue which shall
include walls and wrought iron fences approved by the Director of Community
Development.
d. Trash areas and recycling bins shall be depicted on the construction plans, the size of which
shall be approved by the Director of Community and City employee responsible for recycle
/solid waste management programs.
27. The final construction working drawings shall be submitted to the Director of Community
Development.
28. Complete landscape plans (3 sets), together with specifications and a maintenance program
shall be prepared by a State Licensed Landscape Architect, generally in accordance with
Ventura County Guide to Landscape Plans and in compliance with City of Moorpark Ordinance
No. 74, and shall be submitted to the Director of Community Development. The final landscape
plans shall be in substantial conformance to the conceptual landscape plan review and final
installation inspection. The landscaping, planting and walls /wrought iron fence plan
submitted for review and approval shall be accompanied by a deposit as specified by the City
of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape
plan check and inspection fees. If the project is constructed in three phases as proposed, the
landscaped area proposed for that phase shall be designed and constructed as approved by the
City Engineer and Director of Community Ce velopment standards, prior to issuance of occupancy
of any tenant spaces. All other areas that are graded but not developed shall be seeded to
reduce soil erosion and dust. All landscaping, planting, wall and fence design shall be
accomplished and approved by the Director of Community Development, or his designee, prior
to the approval of occupancy. The project plans shall include the following:
a. A 50 percent shade coverage shall be provided within all parking areas. Shade coverage is
described as the maximum mid -day shaded area defined by a selected specimen tree at 50
percent maturity.
b. Any turf plantings .associated with this project shall be drought tolerant, low -water using
varieties.
C. Landscaping at site entrances and exits and at any intersection within the parking lot shall
not block or screen the view of seated driver from another moving vehicle or pedestrian.
d. Plantings in and adjacent to parking areas shall be contained within raised planters
surrounded by six -inch high concrete curbs
e. Landscaping shall be designed so as to not obstruct the view of any exterior door or window
from the street.
f. Landscaping (trees) shall not be placed directly under any overhead lighting which could
cause a loss of light at ground level.
g. Earthen berms and shrub planting shall be provided to screen view of parked vehicles from
access roads.
h. Landscaping shall be used to screen views of any backflow preventers.
i. The emergency access easement area between Sierra Avenue and Liberty Bell Road shall be
landscaped to the satisfaction of the Director of Community Development. This easement
shall be located directly adjacent to the public right -of -way.
j. A minimum eight (8) foot high block wall on the west property boundary should be
constructed prior to any construction on the west side of Liberty Bell Avenue to screen the
adjacent residences from the noise, dust and visual impacts.
k. Plant evergreen trees along the western perimeter block wall that will provide further
visual buffer between residences and the shopping center.
29. Prior to issuance for a Zoning Clearance, the transformer and cross connection water control
devices shall be shown on the plot plan and shall be screened with landscaping or a wall.
30. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall
above the highest point of the roof.
31. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may
extend above any parapet wall shall be enclosed on all four sides by view obscuring material of
similar color and material used in the construction of all buildings. Prior to issuance of a zoning
clearance, the final design and materials for the roof screen and location of any roof mounted
equipment shall be shown on the plot plan and must be approved by the Director of Community
Development. All screening shall be maintained during the life of the permit.
32. All trash disposal areas shall be provided in a location which will not interfere with
circulation, parking, or access to the buildi.tg, and shall be screened with a six foot high, solid
wall enclosure with metal gates. The final design of the titash enclosure shall be subject to the
approval of the Director of Community Development prior to the issuance of a zoning clearance.
Pipe guards shall be eliminated around typical trash enclosures. Trash area shall provide for
recycle bins as approved by the City.
33. Pullover parking (overhangs) shall be limited to 24 inches maximum. No vehicles shall be
allowed to encroach onto walkways or into the required landscaped setbacks along roadways.
34. A 45 foot turning radius shall be provided for the loading zone consistent with the AASHO
.WB -50 design vehicle. Prior to issuance of a zoning clearance, the applicant shall identify the
required truck radius on a copy of the site plan.
35. The applicant shall provide a minimum of 25 feet from the entry doorway of a major tenant to a
travel lane.
36. The applicant shall provide a main entry which does not allow parking stalls to back out into a
main travel lane.
37. All property line walls shall be no further than one inch from any property line.
38. The buildings shall be constructed employing energy- saving devices. These shall include those
devices required by California Administrative Code, Title 24.
39. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered
in the State of California and submitted to the Department of Community Development for
review and approval. The adequacy of the lighting plan shall be deferred until October, 1991,
in order to accommodate a lighting expert report presentation to the City Council. The lighting
plan shall achieve the following objectives: Avoid interference with reasonable use of
adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting;
limit electroliers height to avoid excessive illumination; and provide structures which are
compatible with the total design of the proposed facility.
The lighting plan should include the following
a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of
twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid
center. Down lighting and accent landscape and building lighting shall be employed
throughout the project.
b. Maximum overall height of fixtures shall be fourteen (14) feet or as otherwise approved by
the Community Development Director.
c. Fixtures must possess sharp cut -off qualities with maximum of one foot candle illumination
at property lines.
d. There shall be no more than a seven -to -one (7:1) ratio of level of illumination shown
(maximum -to- minimum ratio between lighting standards).
e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent
properties.
f. A minimum of one, and a maximum or two foot candle illumination with a 1.5 foot candle
average, or as otherwise approved by the Community Development Director. No over - lighting
of the center shall occur.
g. No light shall be emitted above the 90 degree or horizontal plane.
h. Light standards in the parking lot shall be shielded and directed downward to avoid light
and glare on neighboring properties.
40. A utility room with common access to house all meters and the roof ladder shall be provided.
No exterior access ladder of any kind shall he permitted.
41. No downspouts shall be permitted on exterior of the building.
42. All exterior building materials and paint colors shall be approved by the Director of the
Community Development Department to ensure compatibility with adjacent development.
43. All exterior newspaper racks shall be painted dark brown in color and shall meet all other
criteria identified in the Zoning Ordinance
44. No asbestos pipe or construction materials shall be used without prior approval of the City
Council.
45. The applicant shall record a covenant agreeing not to protest the formation of an underground
utility assessmenrt district. The applicant shall retain the right to protest the amount and the
spread of any proposed assessment.
46. All existing and proposed utilities are required to be undergrounded to the nearest off -site
utility pole except through transmission lines. This requirement for undergrounding includes all
above ground power poles on the project site and those along the frontage of the site in the
Caltrans right -of -way. Prior to the issuance of a zoning clearance, the applicant shall submit a
plan for review and approval to the Director of Community Development which identifies how
compliance with the undergrounding requirement will be met.
47. If skylights are proposed, the specific type and model must be approved by the Director of
Community Development to ensure that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
48. In recognition of the need for public street and traffic improvements to meet the demand
generated by cumulative development in the City, the applicant shall, prior to issuance of a
zoning clearance, execute a covenant running with the land on behalf of itself and its successors,
heirs, and assigns agreeing to participate in the formation of and be subject to any assessment
district or other financing technique including but not limited to the payment of traffic
mitigation fees, to provide funds for such improvements, should such a mechanism be
established by the City. The applicant shall retain the right to protest the amount and the
spread of any proposed assessment.
49. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross
floor area to support the City's current and future park system.
50. The applicant shall contribute to the City of Moorpark's Art in Public Places fund, an amount of
$10 per each 100 square feet of building floor area.
51. Prior to the issuance of a zoning clearance for tenant occupancy, the proposed use shall be
reviewed and approved by the Ventura County Environmental Health Division to ensure that
the proposal will comply with all applicable State and local regulations related to storage,
handling, and disposal of potentially hazardous materials, and that any required permits
have been obtained. If required by the C� unty Environmental Health Division, the applicant
shall prepare a hazardous waste minimization plan, and shall obtain a Hazardous Waste
Generator Permit if required. A copy of all Hazardous Waste Generator Permits shall be
forwarded to the City of Moorpark Department of Community Development by certified mail
to be placed in the project file.
52. All roof top mechanical equipment and other noise generation sources shall be attenuated to 55
dB(A) at the property line, or to the ambient noise level at the property line measured at the
time of the occupancy request. Prior to the issuance of a zoning clearance for initial occupancy or
any subsequent tenant occupancy or any subsequent tenant occupancy, Director of Community
Development may request that a noise study be submitted for review and approval which
demonstrates that all on -site noise generation sources would be mitigated to the required level.
The noise study must be prepared by a licensed acoustical engineer in accordance with accepted
engineering standards.
53. To encourage employees to use alternative means of transportation to reduce automobile trips,
common bicycle storage facilities shall be provided in accordance with Section 8108- 1.4(b) of
the Zoning Code (parking standards). Proposed bicycle storage areas shall be clearly depicted
on the final site plan and reviewed and approved by the Director of Community Development
prior to issuance of a zoning clearance. If the project is constructed in three phases as proposed,
the bicycle parking racks for that phase shall be designed, located and constructed as approved
by the City Engineer and Director of Community Development and include the required number
of bicycle parking spaces for the building square footage and uses proposed within each phase,
prior to issuance of occupancy of any tenant spaces according to the City's Zoning Code.
54. If any archaeological or historic finds are uncovered during excavation operations, the
permittee shall assure the preservation of the site; shall obtain the services of a qualified
archaeologist to recommend disposition of the site; and shall obtain the Director of Community
Development's written concurrence of the recommended disposition before resuming
development.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
55. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from
Ventura County Waterworks District No. 1
56. The applicant shall pay all school assessment fees levied by the Moorpark Unified School
District.
57. All required development impact fees (i.e. school district, parks, Art in Public Places Fund,
sewer, water, etc.) shall be prorated by phase and paid prior to issuance of building permit.
58. The applicant shall make a contribution of $568,467.24 to the City's Traffic Management
System Fund The applicant for Phase 1 shall deposit $100,000.00 of the total fee with the
Department of Community Development, prior to issuance of the first building permit. The
total fee shall be prorated over the square footage of building area contained in the entire
Mission Bell Plaza (CPD 89 -1, 89 -2) and int rementally paid at the time of the issuance of a
Certificates of Occupancy, subject to the applicant for Phase I receiving a credit for the first
$100,000.00 deposited against the first anti subsequent Certificates of Occupancy issued for
buildings on Phase 1. The balance of the total fee ($468,467.24) shall be paid within three (3)
years of the issuance of the building permit for the main anchor tenant for Phase 1.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
59. A separate landscape and irrigation plan shall be submitted for each phase of the project for
review and approval prior to issuance of a zoning clearance. The area shown on the approved
landscape and irrigation plan shall be landscaped prior to the issuance of a certificate of
occupancy of this permit. If the project is constructed in three phases as proposed, the
landscape plan prepared for that phase shall be prepared and approved according to City
Engineer and Community Development Department requirements, prior to issuance of occupancy
of any tenant spaces. All other areas that are graded but not developed shall be seeded to
reduce soil erosion and dust as approved by the Director of Community Development and City
Engineer. A weed abatement program sh,311 be approved in conjunction with the approval of
the landscape plan for Phase 1.
60. All parking areas shall be surfaced with asphalt or concrete and shall include adequate
provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas
adjacent to landscaped areas.
61. The landscape architect shall certify in writing that the landscape and irrigation system was
installed in accordance with the approved Landscape and Irrigation Plans.
62. No use for which this permit is granted shall commence use until a Certificate of Occupancy has
been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may
be issued until all on -site improvements specified in this permit have been completed or the
applicant has provided some form of financial security to guarantee the agreement such as a
Faithful Performance Bond. Said on -site improvements shall be completed within 120 days of
issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision
of this agreement, the City Council may by resolution declare the surety forfeited. Upon
completion of the required improvements to the satisfaction of the Director of Community
Development, the surety may be exonerated by action of the Director of Community
Development.
63. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of
the subject building, or the owners representative, shall apply for a zoning clearance from the
Community Development Department.
64. Except as permitted and contemplated by Condition # 59, no Certificates of Occupancy shall be
granted prior to acceptance or completion of landscaping or other site improvements such as
perimeter walls, including stucco treatment, landscaping, fences, slope planting or other
landscape improvements not related to grading; private recreational facilities, etc. Said on-
site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy.
In case of failure to comply with any term or provision of this condition, the City Council may,
by resolution, declare the surety forfeited. Upon completion of the required improvements to
the satisfaction of the City, the City Council may reduce the amount of the bond; however, the
bond must be kept in full effect for one year after the last occupancy to guarantee that items such
as perimeter tract walls (including stucco treatment), landscaping, fences, slope planting or
other landscape improvements not related to grading, private recreational facilities, etc. are
maintained.
65. At the time water service connection is made for each project, cross connection control devices
shall be installed for the water system in accordance with the requirements of the Ventura
County Environmental Health Department
AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS
SHALL BE APPLICABLE:
66. No later than ten(10) days after any change of property ownership or change of lessee(s) or
operator(s) of the subject building, there shall be filed with the Director of Community
Development the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together
with a letter from any such person(s) ackno ,- ledging and agreeing to comply with all conditions
of these permits.
67. The continued maintenance of the 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 Department of Community Development within five (5) days
after notification. Landscaping installed as a condition of approval at this project shall be
continually maintained by the owner(s) of the subject commercial development.
68. Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of
hazardous materials, a Major Modification approval shall be required.
69. The striping for parking spaces and loading bays shall be maintained so that it remains clearly
visible.
70. No outside storage of any materials, overnight parking of any vehicles in the parking lot, or
overnight parking of any semi - trucks or truck trailers beyond the loading zone shall be
permitted.
71. Except for gasoline deliveries, loading and unloading operations shall not be conducted between
the hours of 10:00 p.m. and 6:00 a.m.
72. All restaurants, bars and taverns shall close no later than 1:00 a.m.
73. There shall be no auto service other than the gas sales and the car wash at this commercial
center.
74. No noxious odors which would impact the adjacent development shall be generated from any
use on the subject site.
75. The applicant and his 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 City.
76. Yards, parking areas and other open uses can the site shall be maintained in a neat and orderly
manner at all times. No exterior storage of any kind is permitted.
77. All uses shall conduct business inside a building except gasoline and car wash service. No
outside display of goods is permitted. Sidewalk sales require approval of a temporary use
permit from the Department of Community Development.
78. If in the future, any use or uses are contemplated on the site differing from that specified in the
zoning clearance approved for the occupancy, either the permittee, owner, or each prospective
tenant shall file a project description prior to the initiation of the use. A review by the
Director of Community Development will be conducted to determine if the proposed use is
compatible with the CPD Zone and the terms and conditions of this permit. Said review will
be conducted at no charge and an approval letter sent, unless a minor or major modification to
the Planned Development is required, in which case all applicable fees and procedures shall
apply.
79. All exterior eating and seating areas shall be accomplished with the approval of a minor
modification approval process.
80. No shopping carts or merchandise shall be stored in any pedestrian walkway areas including
the exterior area in front of the proposed major market. The location of the shopping cart
storage area for shopping carts shall be clearly depicted on the final site plan with the
location approved by the Director of Community Development. A sidewalk sale shall require
Community Development Department approval of a temporary use permit.
Chi ti ti :I► Q1 4: ti ►16 ti • ►
PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
81. a. Developers of CPD 89 -1 and 89 -2 shall be allowed to file and record a lot line
adjustment in accordance with Section 66412(d), Subdivision Map Act, California Government
Code, to separate Phase I (CPD 89 -2, Tract 4757 -1) without the recordation of LDM -89 -2
(Macleod). Physical development and recordation of parcels will thereafter follow in
accordance with approved conditions for phased development of CPD 89 -1, CPD 89 -2 amd Tract
4757.
b. Prior to first building permit, the applicant shall deposit with the City a contribution
for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current
Los Angeles Avenue Area of Contribution rate.
82. The applicant shall submit to the City for review and approval, a grading plan prepared by a
registered civil engineer; shall obtain a grading permit; and shall post sufficient surety
guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizontal:vertical).
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89 -2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase I).
At the applicant's request, a staged grading plan can be submitted to the City Engineer for
review and approval.
An erosion control plan shall be submitted for review and approval if any grading is to occur
between October 15 and April 15. Along with erosion control measures, hydroseeding of all
graded slopes shall be required within 60 days of completion of grading. All haul routes shall
be approved by the City Engineer. On -site haul routes shall be limited to graded areas only.
83. The applicant shall submit to the City for review and approval, a detailed soils and
geotechnical report prepared by a civil engineer and a geotechnical engineer registered with
the State of California. The report shall include a geotechnical investigation with regard to
liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the
recommendation of the approved soils report
Review of the soils and geotechnical report by the City's geotechnical consultant may be
required by the City Engineer. If so, the applicant shall reimburse the City for all costs
including the City's administative costs.
84. The applicant shall submit to the City for review and approval, street improvement plans
prepared by a registered civil engineer; shall enter into an agreement with the City to complete
the improvements; and shall post sufficient surety guaranteeing the construction of the
improvements. Any necessary right -of -way acquisition necessary to complete the required
improvements will be acquired by the applicant at their expense.
The improvements shall include concrete curb and gutter, sidewalk, striped bike path, street
lights, traffic signals, striping and signing, traffic control, paving, and any necessary
transitions to the satisfaction of the City Engineer. All driveway locations shall be approved
by the City Engineer and the Director of Community Development. The applicable Ventura
County Road Standard Plates are as follows
a . Los Angeles Avenue per Plate B -2A, modified north of centerline to have 59 feet of
right -of -way, 51 foot pavement width and a 6 foot sidewalk. The sidewalk shall be located
within the landscaped area in a pedestrian easement as necessary. Applicant shall construct
improvements north of the centerline across the frontage of the project in accordance with
Figure 1.
Applicant shall also construct sufficient roadway widening along the south side to permit
restriping for a westbound auxiliary lane across the entire frontage of the project, as well as a 12
foot wide eastbound right turn pocket providing a minimum of 150 feet of storage at Liberty Bell
Road (see Figure 1). All Los Angeles Avenue improvements shall be shown first on preliminary
plans which shall be submitted to the City for review and approval, after which they will be
submitted to Caltrans for review and approval. If Caltrans will not approve the preliminary
plans, the preliminary plans shall be returned to City Council for consideration of alternative
improvements.
Any direct expenses incurred by the applicant relating to the right -of -way acquisition along
the south side of Los Angeles Avenue shall be reimbursed by the future developer(s) of the
property located along the south side of Los Angeles Avenue. The City will enter into an
agreement with the applicant agreeing to condition the future developer of the property along
the south side of Los Angeles Avenue to reimburse the applicant to the extent legally
enforceable. The applicant shall pay all legal costs, including but not limited to, attorney's
fees and administrative costs incurred by the City to impose and /or enforce said agreement, or
at applicant's discretion, shall waive its eligibility for reimbursement. The agreement will be
prepared by the City Attorney, subject to review by the applicant. The applicant shall pay the
City's legal expenses to prepare the agreement.
The applicant shall make an irrevocable offer of dedication of an additional 9 feet across the
frontage of the project. The City may, in the future, elect to accept this dedication to provide
for construction of additional requirements.
The applicant shall design the main driveway project entrance between Park Lane and Liberty
Bell Road to provide one inbound lane and one outbound lane. The required Los Angeles Avenue
improvements shall include restriping to provide a striped island in the vicinity of this
driveway thereby prohibiting left turns in or out of this driveway.
In conjunction with other Los Angeles Avenue improvements, all necessary transitions shall be
designed and constructed to the satisfaction of the City Engineer and Caltrans. Any
improvements constructed by the City with Los Angeles Avenue Area of Contribution funds that
would normally be the responsibility of the applicant shall be offset by special contributions to
the Los Angeles Avenue Area of Contribution fund.
b. Liberty Bell Road per Plate B -3D and shall be designed and constructed to align with
the ultimate Liberty Bell Road alignment south of Los Angeles Avenue. The Liberty Bell Road -
Los Angeles Avenue intersection must be designed and constructed to provide for necessary
turning pockets and must be reviewed and approved by the City Engineer prior to recordation so
that the dedication of right -of -way on the map will be the ultimate right -of -way dedication.
Liberty Bell Road will be a variable width street, with all elements designed to the
satisfaction of the City Engineer. A conceptual configuration of the proposed improvements is
shown in the attached Figure 2. Although it is intended that the concept shown on this figure
be implemented, it is understood that final plan details such as transition design may vary
from that shown in the figure. As an option, an casement for Liberty Bell Road between phase 2
and 3 may be created rather than the construction of Litx,rty Bell Road.
C. Lassen Avenue per Plate B -5A, modified to have 56 feet of right -of -way to match the
existing, previously dedicated, alignment per Parcel Map No. 3781 on the easterly portion of
the project site. Lassen Avenue shall have a 6 foot sidewalk and 4 foot landscaped area on the
south side, within the 8 foot parkway area and a 2 foot landscape and pedestrian easement. All
improvements south of centerline plus 12 feet north of centerline except along the Chaparral
Middle School frontage where full -width street improvements (including curb, gutter,
sidewalk, driveway and landscaping) shall be constructed. Landscaping and irrigation shall be
installed along the easement area between the school district property and future Lassen
Avenue. The landscaping shall be designed and constructed to the satisfaction of the Director of
Community Development. All necessary transitions shall be constructed to the satisfaction of
the City Engineer. The only connection of Lassen Avenue to Sierra Avenue shall be in the form of
an unpaved emergency access easement area west of Liberty Bell Road. This easement shall be
to the satisfaction of the City Engineer, the Director of Community Development, the Sheriffs
Department and the Fire Department. The connection of Lassen Avenue to Liberty Bell Avenue
shall be in the form of a knuckle per City standard.
d. Although not a requirement of this development, it is noted for future reference that
any future street intersecting Lassen Avenue in the vicinity of the traffic circle servicing the
proposed office buildings east of Liberty Bell Road shall not be offset from the traffic circle.
e. Park Lane per Plate B -3D, modified west of centerline to have 28 foot right -of -way, 20
foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway
area and a 4 foot landscape and pedestrian easement; with the portion of Park Lane located
within approximately 600 feet to the northerly driveway as a prolongation of the northern
right -of -way of Los Angeles Avenue designed and constructed in accordance with Plate B -3D,
modified to have 65 foot right -of -way width, 49 foot pavement width, 6 foot landscaped area
and 6 foot sidewalk within the 8 foot parkway area and a 4 foot pedestrian easement in
accordance with Figure 3. All necessary transitions shall be designed and constructed to the
satisfaction of the City Engineer. The intersection of Park Lane and Lassen Avenue shall be
designed and constructed as a standard knuckle. The anticipated lane configuration on Park
Lane at the Los Angeles Avenue intersection includes one southbound right turn lane, one
southbound through lane, one southbound left turn lane, and one northbound through lane. To
the greatest extent practicable, Park Lane improvements north of Los Angeles Avenue shall
align with ultimate improvements south of Los Angeles Avenue. Design of the Park Lane - Los
Angeles Avenue intersection must be reviewed and approved by the City Engineer prior to
recordation so that the dedication of right -of -way on the map will be the ultimate right -of-
way dedication.
f. No portion of any project driveway may be within 150 feet of the nearest curb
prolongation of an adjacent intersection.
g. The applicant shall construct the necessary improvements to provide Class II bicycle
lanes (5 feet wide) along Liberty Bell Road per the Circulation Element of the Moorpark
General Plan.
h. The applicant shall be responsible for all maintenance of the public sidewalks and
landscaped parkways on Los Angeles Avenue, Liberty hell Road, Park Lane and Lassen Avenue.
i. The applicant shall agree to provide the necessary public maintenance easements for
the landscaped areas along -and adjacent to Los Angeles Avenue, Park Lane, Lassen Avenue and
Liberty Bell Road. The applicant shall also not oppose the formation of a landscape
maintenance assessment district, if and when created by the City. The applicant shall retain
the right to protest the amount and the ,pread of any proposed assessment.
I
85. The applicant shall demonstrate feasible access during a 10 -year frequency storm for each
building pad to the satisfaction of the City Engineer.
86. The applicant shall submit to the City for review and approval, drainage plans, hydrologic
and hydraulic calculations prepared by a registered civil engineer; shall enter into an
agreement with the City to complete the improvements and shall post sufficient surety
guaranteeing the construction of the improvements.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89 -2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase I).
The drainage plans and calculations shall indicate the following conditions before and after
development:
The Hydrology /Hydraulic Report and Hydraulic Plans shall address the entire project
including the proposed RPD and the following:
• No flows from a 50 year storm shall flow from this project onto Los Angeles Avenue, or to the
existing tract (Tract 1240) to the west.
• The required storm drain improvements required to pick up offsite storm water and carry it to
its final disposal from Poindexter Avenue, McFadden Avenue, Cornette Avenue and Park Lane
as identified by the City of Moorpark Master Drainage Study, shall be designed and
constructed. (Note: The applicant has proposed directing storm water from Poindexter Avenue
directly into the Walnut Canyon drain as an alternative to carry this storm water across the
site. It is emphasized that this alternative will require permits from the Ventura County Flood
Control District, Southern Pacific Railroad and City of Moorpark. This alternative can be
considered, but all plans and permits must be completed prior to approval of the final map.)
• The storm drain along Los Angeles Avenue shall be extended from its full size terminus to
connect to the existing 54" RCP cast of Shasta Avenue. Should the existing storm drain between
Shasta Avenue and the Arroyo Simi require enlargement, the City shall reimburse the
applicant for one -half the construction cost t(l a maximum of $100,000.
• This study shall analyze the hydraulic capacity of the Shasta Drain to the Arroyo Simi
with and without the Moorpark Avenue storm drain connection.
Quantities of water, water flow rates, major water courses, drainage areas and patterns,
diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology
shall be per current Ventura County Standards except as follows:
• all catch basins in sump locations shaft car — a 50 -year frequency storm;
• all catch basins on continuous grades shall . arry a 50 -year storm;
• all catch basins in a sump condition shall be sized such that depth of water at intake shall
equal the depth of the approach flows:
• all culverts shall carry a 100 -year frequenk N storm;
• drainage facilities shall be provided such that surface flows are intercepted and contained
prior to entering collector or secondary roadways;
• under a 50 -year frequency storm, all collector streets shall be provided with a minimum of one
travel lane with a goal that local, residential streets shall have one travel lane available
where possible.
• Drainage to adjacent parcels shall not be increased or concentrated by this development. All
drainage measures necessary to mitigate storm water flows shall be provided by the applicant.
• All drainage grates shall be designed and constructed with provisions to provide adequate
bicycle safety to the satisfaction of the City Engineer.
• The storm drain connection on Los Angeles Avenue from Park Lane to Shasta Avenue and
fronting CPD 89 -1 and 89 -2 shall be installed prior to occupancy of either CPD 89 -1 or CPD 89 -2
with the understanding that the installer of said system shall be reimbursed, if and when funds
are collected by the City through the establishment of an assessment district incorporating
those benefiting, undeveloped properties It is the onus of the developer to formally initiate
the formation and fund all costs associated with establishment of said assessment district.
87. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City.
88. The applicant shall indicate in writing to the City the disposition of any water well (or any
other well that may exist within the project. If any wells are proposed to be abandoned, or if
they are abandoned and have not been properly sealed, they must be destroyed per Ventura
County Ordinance No. 2372 and per Division of tail and Gas requirements.
89. If any of the improvements which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to
the filing of the final or parcel map for approval pursuant to Government Code Section 66457.
a. Notify the City in writing that the applicant wishes the City to acquire an interest in the
land which is sufficient for such purposes a,, provided in Government Code Section 66462.5;
b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or
diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of
Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an
appraiser approved by the City which expresses an opinion as to the current fair market value
of the interest to be acquired, and (iv) a current Litigation Guarantee Report;
C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as
the City may require, pursuant to which the applicant will pay all of the City's cost
(including, without limitation, attornov'-, roes and overhead expenses) of acquiring such an
interest in the land.
90. The applicant shall pay all energy costs associated with street lighting for a period of one year
from the initial energizing of the street ligHs.
91. The applicant shall execute a covenant running with the land on behalf of itself and its
successors, heirs, and assigns agreeing to participate in the formation of an assessment district
or other financing technique for the construction of public improvements, including but not
limited to, street and sewer improvements necessitated by this project and other projects within
the assessment district, as approved by the City Engineer. The applicant shall retain the right
to protest the amount and the spread of ,env proposed assessment.
92. The applicant shall post sufficient suroR ?;u,�rantrcin) completion of all improvements which
__..._. ... .,. . - . 1 ,. . , -- . . - 1 . 1-1. . -- -. . - .. _._. .._t I. - _... J.,
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89 -2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase 1).
93. The developer of CPD 89 -1 shall post sufficient surety for the installation of a traffic signal at
the intersection of Los Angeles Avenue - Liberty Bell Road. The applicant will be eligible to
receive reimbursement from the Los Angeles Avenue Area of Contribution of up to $65,000 or 50
percent of the construction expenses, whichever is less. CPD 89 -2 may elect to install the signal,
but is not required to do so.
94. The applicant shall post sufficient surety for the installation of a traffic signal at the
intersection of Los Angeles Avenue - Park Lane.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89 -2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase 1).
95. The applicant shall make a special contribution to the City representing the applicant's
prorata share of the costs of improvements to the following intersections:
• Poindexter Avenue - Moorpark Avenue minimum contribution of $16,800.
• Los Angeles Avenue - Gabbert Road minimum contribution of $16,200.
• Los Angeles Avenue - Moorpark Avenue minimum contribution of $28,500.
• Spring Road - New Los Angeles Avenue minimum contribution of $25500.
To determine final prorated costs of these improvements, the applicant shall first prepare
conceptual plans to the satisfaction of the City Engineer. The prorata share shall be developed
based on the incremental traffic added by each phase and shall then be paid to City, prior to
zoning clearance.
96. The applicant shall offer to dedicate access easements to the City of Moorpark over all private
streets to provide access for all governmental agencies providing public safety, health and
welfare.
97. The applicant shall offer to dedicate to the City of Moorpark for public use, all right -of -way
for public streets.
98. The applicant shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles
Avenue, Lassen Avenue, Park Lane and Liberty Bell Road except for approved access roads.
99. Lot to lot drainage easements and secondary drainage easements shall be delineated on the
final map(s). Assurance shall be provided to the City that these easements will be adequately
maintained by property owners to safely convey storm water flows.
100. The applicant shall provide a recorded reciprocal access agreement as necessary to permit
access between CPD 89 -1 and CPD 89 -2.
As an option in place of the Surety Performance Bond requirement, the applicant or his
lID
successors for Phase 11 and Phase III will be allowed to record the parcel map (LDM 89 -2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase I).
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
101. That prior to any work being conducted within the State or City right of way, the applicant
shall obtain all necessary encroachment permits from the appropriate Agencies.
102. if any hazardous waste is encountered during the construction of this project, all work shall be
immediately stopped and the Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has been issued by all of these agencies.
103. Where roads are to be built requiring 4 or more inches of pavement, applicant shall construct
the required street section minus l -inch of paving as an interim condition until all utility cuts or
trenching is completed. The final ] -inch cap of asphalt shall be placed after all necessary
trenching is completed.
104. Grading and construction activities (any noise making activity including the operation or
movement of equipment) shall be limited to only the hours of 7:00 a.m. to 7:00 p.m. Monday
through Friday and 9:00 a.m. to 7:00 p.m. on Saturday. No job site activity shall occur before or
after these hours and not at all on Sunday and Holidays.
105. The applicant shall utilize all prudent and reasonable measures (including a 6 foot high chain
link fence around the entire project perimeter) to prevent unauthorized persons from entering
the work site at any time and to protect the public from accidents and injury.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
106. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of
this condition.
107. The Los Angeles Avenue - Park Lane traffic signal shall be operational prior to any occupancy
for CPD 89 -2 or Tract 4757 -1. If construction of this signal is delayed by CALTRANS at the time
of the applicant's request for permits, the applicant shall deposit 100% of the total estimated
construction cost with the City. The applicant shall construct the signal upon receiving
Caltrans permission to do so. If right -of -way acquisition or Caltrans permission can not be
obtained, the applicant can request construction deferment on those portions of construction from
the City Council consistent with Condition 84.
108. The Los Angeles Avenue - Liberty Bell Avenue traffic signal shall be operational prior to any
occupancy for this project. If right -of -way acquisition or Caltrans permission can not be
obtained, the applicant can request construction deferment on those portions of construction from
the City Council consistent with Condition -4.
109. All phased street and storm drain improvements shall be constructed prior to first occupancy of
each phase. if right -of -way acquisition or Caltrans permission can not be obtained, the
applicant can request construction deferment on those portions of construction from the City
Council consistent with Condition 84.
17
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
110. a. Sufficient surety guaranteeing the public improvements pertinent to each phase shall be
provided. The surety shall remain in place for one year following acceptance by the City
Council.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89 -2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to the issuance of a Zoning
Clearance for CPD 89 -1 (Phase 1).
b. Any surety bonds that are in effect three years after final map approval or after issuance of
the first building permit shall be increased an amount equal to or greater than the consumers
price index (Los Angeles /Long Beach SMSA) for the period since original issuance of the surety
and shall be increased in like manner each year thereafter.
111. Original "as- built" plans will be certified by the applicant's civil engineer and submitted with
two sets of blue prints to the City Engineer's office. Although grading plans may have been
submitted for checking and construction on sheets larger than 22" X 36 ", they must be
resubmitted as "as- builts" in a series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as- built" plans is required before a final inspection
will be scheduled.
112. Reproducible centerline tie sheets shall be submitted to the City Engineer's office.
113. The applicant shall file for a time extension with the City Engineer's office at least six weeks
in advance of expiration of the agreement to construct subdivision improvements. The fees
required will be in conformance with the applicable ordinance section.
MOORPARK POLICE DEPARTMENT CONDITIONS
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
114. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or
screen the view of a seated driver from another moving vehicle or pedestrian.
115. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause
a loss of light at ground level.
116. All entrance /exit driveways shall be a minimum of 30 feet in width.
117. For the commercial project, all exterior doors shall be constructed of solid wood core, a minimum
of 1 and 3/4- inches thick, or of metal construction. Front glass doors commonly used for entry are
acceptable but should be visible to the ,tT0("
118. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the
locking bar or bolt extending into the receiving; guide a minimum of 1 -inch deadbolt.
119. Address shall be clearly visible to approa, hing emergency vehicles and shall be mounted
against a contrasting color.
120. There shall not be any easy exterior acces, t. , the roof area, i.e., ladders, trees, high walls, etc.
I�
121. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof
vents or other openings where access may be made.
122. Upon occupancy by the owner or propnetor, each single unit in the development, constructed
under the same general plan, shall have locks using combinations which are interchange free
from locks used in all other separate proprietorship or similar distinct occupancies.
123. The Shopping Center Tenants Association will provide on -site private security during hours of
operation.
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
124. Any structure greater than 5,000 square feet in area and /or five miles from a fire station shall
be provided wit an automatic fire sprinkler system in accordance with Ventura County
Ordinance No. 14. if the building is to be protected by an automatic sprinkler system, plans
shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire
Prevention for review and approval.
125. The applicant shall submit plans to the Ventura County Bureau of Fire Protection for approval
of the location of fire hydrants. All existing hydrants within 300 feet of the development must
be shown on the plan.
126. Building plans of all A, E, I and H occupancies shall be submitted to the Ventura County Bureau
of Fire Prevention for plan check.
127. The applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for
approval of the location of fire lanes.
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
128. The minimum fire flow required shall be determined by the type of building construction,
proximity to other structures, fire walls and fire protection devices provided, as specified by
the I.S.O. Guide for Determining Required Fire Flow. Given the present plans and information,
the required fore flow is approximately 4.500 gallons per minute. The applicant shall verify
that the water purveyor can provide the required volume at the project.
PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
129. Access roads shall be a minimum of 25 feet in width and shall be installed with an all weather
surface, suitable for access by fire department apparatus.
130. Fire hydrants shall be installed and in service prior to combustible construction and shall
conform to the minimum standards of the Ventura County Water Works Manual.
a. Each hydrant shall be a 6 -inch wet birrrl design and shall have one 4 -inch ant two 2 1/2-
inch outlet(s).
b. The required fire flow shall be achieved at not less than 20 psi residual pressure.
R
c. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be
farther than 150 feet from any one hydrant
d. Fire hydrants shall be recessed in from the curb face 24 inches at center.
131. All grass or bush exposing any structures shall be cleared for distance of 100 feet prior to
framing, according to the Ventura County Weed Abatement Ordinance.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
132. Trash containers with an individual capacity of 15 cubic yards or greater, shall not be stored
within 5 feet of openings, combustible roof eaves lines, unless protected by approved automatic
fire sprinklers.
133. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy and shall be
of contrasting color to the background. Where structures are set back more than 250 feet from the
street, larger numbers will be required so that they are distinguishable from the street. In the
event a structure(s) is(are) not visible from the street, the address number(s) shall be posted
adjacent to the driveway entrance.
134. Fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and
Article 10 of the Uniform Fire Code.
135. Fire extinguishers shall be installed in accordance with National Fire Protection Association
Pamphlet No. 10. The placement of extinguishers shall be reviewed and approved by the
Bureau of Fire Prevention.
VENTURA COUNTY WATERWORKS DISTRICT NO.1 CONDITIONS
GENERAL REQUIREMENT:
136. The applicant for service shall comply with the Ventura County Waterworks District No. 1
"Rules and Regulations" including all provisions of or relating to the existing industrial waste
discharge requirements and subsequent additions or revisions thereto.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
137. The District shall be allowed to review the adequacy and level of service for the project when
tenant improvements are requested. .' dditional facilities, on -site treatment, or other
modifications may be required as a condition of certain tenant improvements.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
138. Prior to issuance of a zoning clearance for the inauguration of any use in the proposed structure,
such use shall be reviewed and approved by the Ventura County Environmental Health
Division.
20
Mitigations Me,15ures for the SuInlemental EIR
CPD 89-1,89-2
October 2,1991
Geotechnical
1. The applicant shall conduct a detailed geotechnical engineering investigation to confirm and
evaluate the potential for liquefaction at the site. The investigation shall include subsurface
borings to depths of forty five to fifty feet with appropriate in -situ testing and sampling. Caisson
or pile- supported foundation systems, structural slabs, sub -drains, or dewatering systems have all
been successfully utilized on projects where liquefaction potentials are high.
2. The applicant shall conduct a detailed geotechnical engineering investigation to evaluate the
mechanical properties of the deposits underlying proposed buildings and attendant infrastructure.
Such an investigation shall include subsurface explorations to obtain representative in -situ and
bulk soil samples, appropriate laboratory testing, and an analysis of pertinent factors including
removal and recompaction of compressible soils, foundation design parameters, and the stability of
graded slopes.
Air Quality
Short -Term
I Engineering specifications to include a regular watering program to reduce fugitive dust. The
program, to be implemented by site development contractor(s), is to include watering graded
portions of the project site twice during the work day and at the end of the work day to create a
"crust" surface.
4. Engineering specifications to require that all clearing, grading, earth moving, or excavation
operations during periods of high winds (i.e., Santa Ana winds 20 mph or greater averaged over one
hour as recommended by the APCD) shall cease, and that the site development contractor(s) is to
maintain contact with the APCD meteorologist for current information about average wind speeds.
5. Project engineer to phase and schedule construction activities to avoid high ozone days.
6. Engineering specifications to require that the site development contractor(s) make face masks
available to all employees involved in grading operations during dry periods to reduce inhalation
of dust which may contain the fungus which ca ;yes San Joaquin Valley Fever.
7. Engineering specifications to require that site development contractor(s) cover primary site access
roads with gravel during all construction period
8. Engineering specifications to require that site development contractor(s) landscape all inactive
portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing,
soil- binding plant to reduce wind erosion and its contribution to local particulate levels.
9. Engineering specifications to require that site dt velopment contractor(s) apply chemical stabilizers
to completed cut and fill areas.
10. Engineering specifications to require that site development contractor(s) limit on -site vehicular
traffic to no more than 15 mph during construction, and that such speed limit be visibly posted on
site.
11. Engineering specifications to require that site development contractor(s) periodically sweep public
streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site
by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction
activities. The frequency of this measure is variable, depending upon the accumulation of such silt.
Sweeping should be done prior to automobiles and wind kicking up the silt and causing wind -borne
dust.
12. Engineering specifications to require that site development contractor(s) cover all material (debris
from clearing and grubbing, as well as construction- related debris) being moved from the site.
13. Engineering specifications to require that site development contractor(s) periodically water
material stockpiles when dust forms.
14. Engineering specifications to require that site development contractor(s) maintain equipment
engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive
emissions, and use low sulfur fuel for construction equipment.
15. Engineering specifications to require that site development contractor(s) keep all grading and
construction equipment on or near the site until the site preparation phase of the proposed project is
completed.
16. The on -site Building Superintendent shall notify the middle school to the north of the project site
in writing of the days and hours of grading in advance of any grading activity.
Long -Term
The following mitigation measures were obtained from the APCD's Guidelines for the Preparation
of Air Quality Impact Analyses and the City of Moorpark. It should be noted that these mitigation
measures do not constitute a transportation demand management (TDM) plan and the applicant
would not receive credit against an off -site TDM fund for implementation these measures even if
they are successful. While it is not feasible. to require the project applicant to establish a TDM
program for the project site as future tenants of the site are yet unknown, the following
recommended mitigation measures can be implemented by the project applicant and can contribute
towards the reduction of project- related air quality impacts, though the impacts will not be fully
mitigated below a level of significance.
17. Applicant to prepare CC &Rs that would require future owners /tenants of each lot, who employ
twenty or more full -time employees, to do the following:
• provide preferential parking for carpooling groups with the location approved by the City's
Director of Community Development.
• enroll in the County's Commuter Computer program whic}rprovides computerized rideshare
matching services.
18. Prior to occupancy, Ventura County APCD to review all uses to ensure compliance with the
California Health and Safety Code (Section 44300 et seq.) regarding the use, storage, and
disposition of hazardous materials. City to withhold the final certificates of occupancy until
compliance with these provisions from the Ventura County APCD is provided.
19. All project tenants with greater than 50 employees will be required to comply with APCD Rule 210,
the District's trip reduction measure. This rule requires that the employer develop and implement
a trip reduction plan containing strategies to reduce the number of solo drivers commuting to the
worksite. The target is to meet a specific average vehicle ridership (AVR) of 1.35. This will be
increased to 1.5 after 1997. Such a plan can reduce total project - generated emissions by
approximately eight percent. Increased AVR may N, achieved by, but is not limited to, the
following trip reduction measures:
- Direct financial incentives for employees who carpool, vanpool, buspool, or use public facilities.
Use of fleet vehicles for ridesharing purposes or by ridesharing employees for personal errands.
Pay parking for drive alone commuters and, full or partial subsidization of parking for ridesharing
employees.
Preferential parking for ridesharing vehicles.
Facility improvements which provide preferential access and /or egress for ridesharing vehicles.
- Personal rideshare matching and /or active use of computerized rideshare matching service such as
Commuter Computer.
A guaranteed -ride -home program for ridesharing employees in emergency situations.
An on -site day care facility.
Facility improvements to encourage bicycling and walking (showers, bicycle racks or lockers, etc.).
Flexible work schedules for transit users, bicyclists, and pedestrians.
Compressed work weeks such as 4/40 or a 9/80 or a 3/36 work schedule where employees report to
work fewer days during a two week period, but for longer work shifts, than employees who work
five 8 -hour days per week.
Telecommuting (i.e., working at home) one or more days per week.
In order to comply with APCD Rule 210, the tenant must notify the Transportation Program
Administrator at APCD, by mail, that the firm is to begin operation, prior to zoning clearance
approval. After occupancy of the building, the APCD will contact the tenant and work with them
to complete and implement their plan.
20. A representative of the Air Pollution Control District will conduct an annual air quality education
program on site to alert employees to any new developments in air quality information. This
measure shall be coordinated through the APCD.
21. Provide facilities on -site to promote pedestrian access and bicycle trips, including street lights,
sidewalks, curb ramps, bicycle storage facilities, and walkway signals at intersections, as required
by the City Engineer.
22. Bank - related services (auto - teller machine, direct deposit, check cashing, etc.) can be provided on-
site in order to reduce traffic trips.
23. Off -site Vehicular Traffic Circulation Improvements - The applicant should contribute funds
toward the improvement of local vehicular traffic circulation improvements. Such improvements
could include improved signal sychronization and /or widening of intersections/ roadways. This
measure is proposed in order to improve the flow of traffic in the City which would reduce
congestion and the emission of air pollutants.
24. Subdivider to dedicate sufficient right -of -way to incorporate one bus shelter and bus turnout on Los
Angeles Avenue in the project site plan and Final Tract Map, in order for it to be easily constructed
if public transit is extended into the project frontage. Location to be approved by the City of
Moorpark and Caltrans.
25. In accordance with Condition 58 above, contribute to an off -site Transportation Demand
Management ('rDM) fund, if no emission off,L'ts c,ui be obtained.
A. The approving jurisdiction should determine the basis for collection and how the funds are to be
spent. The funds should be spent or committed to a project within five years of receipt of the
funds.
2-
B. TDM funds must be used for projects or programs in the airshed in which the proposed project
will be located (i.e., the Oxnard Plain Airshed). Ridesharing arrangements or public transit
services which originate outside the airshed but which serve the airshed are also eligible uses
of the funds.
C. The approving jurisdiction should establish a TDM fund to receive and hold the funds until such
ime as the funds are spent on an approved project or program.
D. TDM funds should not be used for traffic engineering projects, including signal synchronization,
intersection improvements, and channelization, as the benefits from these projects are
primarily traffic - related and not air quality- related.
Noise
26. Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m., and 9:00 a.m.
to 7:00p.m. on Saturdays. No job site activity shall occur before or after these hours and not at all on
Sundays No job site activity shall occur before or after these hours and not at all on Sundays and
Holidays.
27. During site preparation and construction, construction equipment shall be fitted with modern sound -
reduction equipment.
28. The noise wall adjacent to Shop Numbers 1, 2 and Retail "A" shall be a minimum of eight feet in
height.
29. Vehicle speed limits of 25 mph shall be posted along Liberty Bell and Lassen Avenue.
30. Use of parking lot vacuums and landscape maintenance equipment shall be limited to the hours of 8
a.m. and 7 p.m. weekdays.
31. Provide staging areas on -site to minimize off -site transportation of heavy construction equipment.
Locate these areas to maximize the distance between activity and existing residential areas.
32. Designate and follow truck /equipment routes that tr,31.'el through a minimum number of residential
areas, as approved by the City Engineer.
33. Ten -foot high noise attenuation walls shall be located around loading areas in the rear of the
anchor tenants.
Police Protection
34. A licensed security guard is required during the construction phase, or a 6 -foot high chain fence
shall be erected around the construction site
35. Construction equipment, tools, etc., shall be properly secured during non - working hours.
36. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured
prior to installation during; non - working hours. All serial numbers shall be recorded for
identification purposes.
37. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with
them. All parking areas shall be provided with ,i lighting system capable of illuminating the
24
parking surface with a minimum maintained ]-foot candle of light and shall be designed to
minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be
protected by weather and breakage- resistant covers
38. Landscaping shall not obstruct any exterior doer or window.
39. Landscaping is to be maintained at a height where pedestrians will have full view of the area
with no obstructions.
40. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or
screen views of a seated driver from another moving vehicle or pedestrian.
41. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a
loss of light at ground level.
42. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a
contrasting color.
43. Address numbers shall be a minimum of six inches in height and illuminated during the hours of
darkness.
44. All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick or of
metal construction. Front glass door(s) commonly used for entry are acceptable but should be visible
to the street.
45. Doors utilizing a cylinder lock shall have a minimum five pin tumbler operation with the locking
bar or bolt extending into the receiving guide a minimum of one inch.
46. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc.
47. Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development
constructed under the same general plan, shall have locks using combinations which are
interchange free from locks used in all other separate dwellings, proprietorships, or similar
distinct occupancies.
Parks
48. Prior to the issuance of building permits, the developer shall pay the City's park impact fee for the
project, as calculated below:
265,940 square feet x $0.25 per square foot of commercial use = $66,485.00.
Sanitary Sewers
49. The project applicant shall be required to fund all sewer infrastructure improvements necessary to
accommodate the proposed project demand.
50. The applicant shall be required to comply with all pertinent County of Ventura Public Works
Department sewer connection regulations. These mitigation measures shall be implemented by the
County of Ventura Public Works Department (Waterworks District No. 1).
51. In accordance with the Ventura County Waterworks District No. 1 adopted Water Conservation
Rules, all buildings shall include ultra low water use plumbing fixtures.
23
Storm Drainage
52. On -site detention basins should be incorporated into the proposed site plan. The use of landscape
mounding within the landscape medians planned throughout the proposed parking areas, with
area drains placed in a sump condition, would allow for some storage.
Solid Waste
53. To encourage future residents and tenants of the proposed project to contribute materials for
recycling, design considerations shall be included in each development component that would
provide adequate space and facilities for the storage and transfer of recyclable materials.
54. A waste reduction and recycling plan shall be submitted to and approved by the City of Moorpark
Community Development Department, prior to occupancy of the :rain tenant buildings. The plan
shall include a designated building manager, who be responsible for initiating on -site waste
materials recycling programs. This shall include the acquiring of storage bins for the separation of
recyclable materials and coordination and maintenance of a curbside pick -up schedule. These
recycling bins shall be located near on -site trash receptacles.
55. The developer shall require (in the construction specification and bid package) insulation and other
building materials made of recycled materials, to the extent possible, to increase the demand for
(and value of) recyclables.
56. The developer shall design and construct enclosed trash collection areas that are large enough to
accommodate trash separation bins for recyclables in addition to those for non - recyclables. The site
plan shall depict these areas, which will be approved by the Community Development
Department, prior to zoning clearance.
57. The City's Building Official will verify that trash compactors are installed for non - recyclables,
wherever feasible on the project site.
Visual /Architecture
58. A landscape plan shall be submitted to and approved by the Community Development Department,
prior to Zone Clearance, that ensures that a sufficient amount of tall and rapidly growing trees
and /or shrubs, in minimum 24 -inch size box containers, are planted along the western site boundary
to minimize the glare impacts and the loss of privacy of the nearby single - family neighborhood.
All perimeter landscaping elements shall be completed prior to any tenant occupancy. Plant a
sufficient amount of tall growing trees and /or shrubs along the western site boundary to minimize
the glare impacts and the loss of privacy of the nearby single- family neighborhood.
59. The applicant shall have a tree report prepared consistent with City code requirements, to be
submitted for review and approval by the Community Development Department, prior to Zone
Clearance. Landscaping shall be provided for the commercial development which is equivalent to
not less than the value of the 310 trees which will be removed.
60. All parking and walkway area pole lights and street lights shall be fully hooded and back
shielded to reduce the light "spillage" and glare. An outdoor lighting plan shall be submitted for
review and approval by the Community Development Department, prior to Zone Clearance.
61. Colors and materials of the proposed building shall be compatible with the surrounding area, as
approved by the Community Development Department.
2,,
62. No illuminated building mounted signs shall be permitted on any building facade facing towards a
residential neighborhood.
63. Tinted windows shall be installed to minimize the emittance of light and glare from interior
sources.
Traffic
Maureen Lane and Los Angeles Avenue
64. Provide an additional lane on Los Angeles Avenue, in both the eastbound and westbound directions.
(Improves to LOS A during AM and PM peak hours)
Liberty Bell Road and Los Angeles Avenue
65. Provide an additional lane on Los Angeles Avenue. Also provide three lanes on the southbound
Liberty Bell Road approach to the intersection. (Improves to LOS B during the AM peak hour and
to LOS C during the PM peak hour)
Park Lane and Los Angeles Avenue
66. Provide additional right -of -way on Los Angeles Avenue and widen Park Lane to allow three lanes
on the southbound approach to the intersection prior to occupancy. (Improves to LOS B during the
AM peak hour and to LOS C during the PM peak hour)
College View Avenue and State Route 118
67. Complete the link between the Route 23 and Route 118 Freeways, which could reduce traffic in this
east -west corridor by 25 percent or more. Due to right -of -way limitations and major physical
restrictions west of this location, it is not practical to widen Route 118 in this area, at this time.
Los Angeles Avenue and Moorpark Road
68. Provide an additional northbound left -turn lane to the eastbound approach. (Improves to LOS C
during the PM peak hour).
Los Angeles Avenue and Spring Road
69. Provide an additional northbound left -turn lane, one additional through and left -turn lane for both
southbound and eastbound approaches, and one additional through lane for the westbound
approach. (Improves to LOS B during both AM and PM peak hours).
Project Access and Circulation
70. Construct Lassen Avenue, Park Lane and Liberty Bell Road along the site boundaries 40 -foot
roadways, within 56 feet of right -of -way.
71. Install traffic signals at the Los Angeles Avenue project entrances, at Liberty Bell Road and Park
Lane.
72. Provide adequate acceleration /deceleration lanes at the driveway location between Park Lane and
Liberty Bell Road, and restrict to right -turn in and right -turn out movements.
73. Widen Los Angeles Avenue along the project frontage to the full 102 foot section width, with two
through lanes and a left turn lane in each dirC0ion, at least until the freeway links are completed
and their effects can be observed.
74. Restrict left -turn access from Los Angeles Avenue, only to signalized locations.
2,
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (605) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Kellerman, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No. 91-798 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 2nd day of OCTOBER , 1991, and that the same
was adopted by the following vote:
AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
this
WITNESS my hand and the ()f f icia 1 seal of said City
4th day of OCTOBE',
1991.
Lillian E. Kellerman
City Clc t-k
(SEAL)
=AUI �'/ �': /a:.} „''� H FC; +'l:b00 M I*f �E Z :,COTT Mt)N1(i uEhY HOY E TALLEY .F JOfiN E WOZNI /t
3d7"
EXHIBIT= D -- -- -=
FINDINGS OF SIGNIFICANCE FOR
THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (EIR)
FOR MISSION BELL PLAZA
MAJOR MODIFICATION #1 CPD 89-1,89-2
SEPTEMBER 18,1991
The following Findings for the Major Modification #1 for CPD 89 -1, 89 -2 and TPM 4757 (Mission Bell
Plaza) have been made pursuant to the provisions of the California Environmental Quality Act
(Division 13 of the Public Resources Code of the State of California, Section 15091 of the CEQA
Guidelines).
The City Council of the City of Moorpark has determined that the environmental issues, effects and
mitigation of the proposed Mission Bell Plaza were properly addressed in the Draft and Final
Supplemental EIR prepared for the proposed project, and that cumulative impacts are also adequately
addressed in the Draft and Final Supplemental EIR
The following Findings are made with regard to the significant environmental effects identified in the
Draft and Final Supplemental EIR prepared for the proposed project. These Findings are to serve as the
City Council's legally relevant conclusions which expose the City of Moorpark's mode of analysis of
facts, regulations and policies, and which bridge the gap between raw data and the ultimate land use
decision.
A. GEOTECHNICAL RESOURCES
Significant Effect: The potential for liquefaction represents the only significant geohazard on the site.
Finding-, A potential for liquefaction exists on -site due to a rising groundwater table in combination
with the poorly consolidated alluvial deposits. This could lead to possible structural damage in the
event of a severe seismic event. Proper implementation of standard building and safety code
requirements and the required mitigation mea,,ure, listed below will reduce the potential liquefaction
hazard below a level of significance.
Mitigation Meastires:
The applicant shall conduct a detailed geotechnical engineering investigation to confirm and
evaluate the potential for liquefaction at the site. Tliv investigation shall include subsurface borings to
depths of forty five to fifty feet with appropri.itr in -situ te,,ting and sampling. Caisson or pile-
13'5 .
supported foundation systems, structural slabs, sub - drains, or dewatering systems have all been
ic successful ly_utiIized on projects where liquefaction potentials are high. _.
2. The applicant shall conduct a detailed geotechnical engineering investigation to evaluate the
mechanical properties of the deposits underlying proposed buildings and attendant infrastructure. Such
an investigation shall include subsurface explorations to obtain representative in -situ and bulk soil
samples, appropriate laboratory testing, and an analysis of pertinent factors including removal and
recompaction of compressible soils, foundation design parameters, and the stability of graded slopes.
Rationale
These mitigation measures have been successfully utilized on numerous projects throughout Southern
California where liquefaction potentials are high. It is therefore reasonable to conclude that, with
proper implementation of these measures, the liquefaction hazard will be satisfactorily mitigated
below a level of significance.
B. AIR QUALITY
Significant ffe Implementation of the project would contribute to significant adverse long -term
cumulative impacts to the local and regional air environment, since the Air Pollution Control District
(APCD) standards of 25 lbs. per day (ppd) for Reactive Organic Compounds (ROC) and Oxides of
Nitrogen (NOx) would be exceeded. Net emissions above the APCD threshold are 175.3 ppd for ROC
and 277.7 ppd for NOx.
Finding: According to the Air Quality Management Plan (AQMP), commercial projects are considered
consistent with the AQMP, if they are considered population dependent. This project component is
intended to serve the local population, and as such, is considered consistent with the AQMP. Yet, the
proposed commercial development will contribute to cumulatively significant effect on air quality, due
to the total amount of emissions that will be gent-rated by vehicle traffic and added to the local
airshed.
The following mitigation measures are identified in the Final Supplemental EIR and would reduce the
amount of air emissions generated by the project. I lowever, the measures would not reduce cumulative
air quality impacts below a level of significance.
Mit_i2ation Meu>M:
Short Term
3. Engineering specifications to include a re);ulm watering program to reduce fugitive dust. The
program, to be implemented by site develoi >ment contractor(s), is to include watering graded
portions of the project site twice during; the �•:ork day and at the end of the work day to create a
"crust" surface.
4. Engineering specifications to require that ,ell clearing, grading, earth inovnw, or excavation
operations during l \,ri(xis of hit h �villd" (:.c , ` .!nta 'tna � %Ind,; ?0 nipli or l;rc,ttcr J%eraged o%,cr 0110
hour as recommended by the APCD) shall cease, and that the site development contractor(s) is to
maintain contact with the APCD meteorologist for current information about average wind speeds.
5. Project engineer to phase and schedule construction activities to avoid high ozone days =
6. Engineering specifications to require that the site development contractor(s) make face masks
available to all employees involved in grading operations during dry periods to reduce inhalation
of dust which may contain the fungus which causes San Joaquin Valley Fever.
7. Engineering specifications to require that site development contractor(s) cover primary site access
roads with gravel during all construction periods.
8. Engineering specifications to require that site development contractor(s) landscape all inactive
portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing,
soil- binding plant to reduce wind erosion and its contribution to local particulate levels.
9. Engineering specifications to require that site development contractors) apply chemical stabilizers
to completed cut and fill areas.
10. Engineering specifications to require that site development contractor(s) limit on -site vehicular
traffic to no more than 15 mph during construction, and that such speed limit be visibly posted on
site.
11. Engineering specifications to require that site development contractor(s) periodically sweep public
streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site
by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction
activities. The frequency of this measure is variable, depending upon the accumulation of such silt.
Sweeping should be done prior to automobiles and wind kicking up the silt and causing wind -borne
dust.
12. Engineering specifications to require that site development contractor(s) cover all material (debris
from clearing and grubbing, as well as construction - related debris) being moved from the site.
13. Engineering specifications to require that site development contractor(s) periodically water
material stockpiles when dust forms.
14. Engineering specifications to require that site development contractor(s) maintain equipment
engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive
emissions, and use low sulfur fuel for construction equipment.
15. Engineering specifications to require that site development contractor(s) keep all grading and
construction equipment on or near the site until the site preparation phase of the proposed project is
completed.
Long -Tenn
The following mitigation measures were obtained from the APCD's Guidelines for the Preparation
of Air Quality Impact Analyses and the City of Moorpark. It should be noted that these mitigation
measures do not constitute a transportation demand management (TDM) plan and the applicant
would not receive credit against an off -site TDM fund for implementation these measures even if
they are successful. While it is not feasible to require the project applicant to establish a TD,Nf
program for the project site as future tenants of the site are yet unknown, the following
recommended mitigation measures can be implemented by the project applicant and can contribute
towards the reduction of project - related air quality impacts, though the impacts will not be fully
mitigated below a level of significance.
0 J 7 ,
16. Applicant to prepare CC &Rs that would require future owners /tenants of each lot, who employ
twenty or more full -time employees, to do the following:
• provide preferential parking for carpooling groups with the location approved by the City's
Director of Community Development.
• enroll in the County's Commuter Computer program which provides computerized rideshare
matching services.
17. Prior to occupancy, Ventura County APCD to review all uses to ensure compliance with the
California Health and Safety Code (Section 44300 et seq.) regarding the use, storage, and
disposition of hazardous materials. City to withhold the final certificates of occupancy until
compliance with these provisions from the Ventura County APCD is provided.
18. All project tenants with greater than 50 employees will be required to comply with APCD Rule 210,
the District's trip reduction measure. This rule requires that the employer develop and implement
a trip reduction plan containing strategies to reduce the number of solo drivers commuting to the
worksite. The target is to meet a specific average vehicle ridership (AVR) of 1.35. This will be
increased to 1.5 after 1997. Such a plan can reduce total project - generated emissions by
approximately eight percent. Increased AVK may be achieved by, but is not limited to, the
following trip reduction measures:
- Direct financial incentives for employees who carpool, vanpool, buspool, or use public facilities.
- Use of fleet vehicles for ridesharing purposes or by ridesharing employees for personal errands.
- Pay parking for drive alone commuters and, full or partial subsidization of parking for ridesharing
employees.
- Preferential parking for ridesharing vehicles.
=Facility improvements which provide preferential access and /or egress for ridesharing vehicles.
Personal rideshare matching and /or active use of computerized rideshare matching service such as
Commuter Computer.
- A guaranteed -ride -home program for ridesharing employees in emergency situations.
- An on -site day care facility.
- Facility improvements to encourage bicycling and walking (showers, bicycle racks or lockers, etc.).
- Flexible work schedules for transit users, bicvclists, and pedestrians.
- Compressed work weeks such as 4/40 or a 050 or a 3/36 work schedule where employees report to
work fewer days during a two Keck period, but for longer work shifts, than employees who work
five 8 -hour days per week.
- Telecommuting (i.e., working at home) one or days per week.
In order to comply with APCD Rule 210, the tenant must notify the Transportation Program
Administrator at APCD, by mail, that the firm is to tkgin operation, prior to zoning clearance
approval. After occupancy of the building, the APCD will contact the tenant and work with them
to complete and implement their plan.
19. A representative of the Air Pollution Control t):,trict will conduct an annual air quality education
program on site to alert employees to anti- nc -. developments in air quality information. This
measure shall be coordinated through the Al)( 1
20. Provide facilities on -site to promote pedestri.w. access and bicycle trips, including street lights,
sidewalks, curb ramps, bicycle storage facil- tit.s..ind walkway signals at intersections, as require -d
by the City Engineer.
21. Sank - related services (auto - teller machine, dinoct deli) sit, check cashing, etc.) can be provided on-
site in order to reduce traffic trips.
cl
22. Off -site Vehicular Traffic Circulation Improvements - The applicant should contribute funds
toward the improvement of local vehicular traffic circulation improvements. Such improvements
could include- improved _ sign4syChroni 72tion - and I r_widening of intersections/ roadways`This._= _ -
measure is proposed in order to improve the flow of traffic in the City which would reduce
congestion and the emission of air pollutants.
23 Subdivider to dedicate sufficient right -of -way to incorporate one bus shelter and bus turnout on Los
Angeles Avenue in the project site plan and Final Tract Map, in order for it to be easily constructed
if public transit is extended into the project frontage. Location to be approved by the City of
Moorpark and Caltrans.
24. Contribute to an off -site Transportation Demand Management (TDM) fund. A fee of $568,467.24
would be the required off -site TDM fee, if no emission offsets can be obtained.
A. The approving jurisdiction should determine the basis for collection and how the funds are to be
spent. The funds should be spent or committed to a project within five years of receipt of the
funds.
B. TDM funds must be used for projects or programs in the airshed in which the proposed project
will be located (i.e., the Oxnard Plain Airshed). Ridesharing arrangements or public transit
services which originate outside the airshed but which serve the airshed are also eligible uses
of the funds.
C. The approving jurisdiction should establish a TDM fund to receive and hold the funds until such
ime as the funds are spent on an approved project or program
C D. TDM funds should not be used for traffic engineering projects, including signal synchronization,
intersection improvements, and channelization, as the benefits from these projects are
primarily traffic - related and not air quality related.
Rationale
Although the above measures will reduce air emissions associated with the project and would
contribute to regional air quality management programs, the projected emissions (as modelled in the
Draft EIR) resulting from cumulative development activities would still create a significant,
unadvoidable impact. Due to these unavoidable and significant adverse impacts on air quality, a
Statement of Overriding Considerations must be adopted in association with any approval of the
project (See Statement of Overriding Considerations portion of Exhibit "E).
C. NOISE
Significant Effect_ The proposed project would genciate noise levels in excess of the identified noise
standards in the Draft Supplemental EIR (section 3) which would adversely impact surrounding land
uses during the short term construction phase as well as the long term operation phase. This project will
also contribute to cumulative traffic increases %,. hich would result in noise levels of 68 to 74 dB Leq along
Los Angeles Avenue, a street which is currently .i souice of significantly adverse noise levels.
Finding; The following mitigation reasures arc idC:,tifiod in the Final Supplemental EIR and would
control and limit noise levels, to the extent fea �,ihlc, I 'liese measures, however, are not capable of
reducing the construction impacts or long tern t:.iffiL �aiu impa, is to insignificant levels. Due to these
C_.' /
unavoidable, significant adverse effects on the noise environment, a Statement of Overriding
Considerations must be adopted in association with any approval of the project (See Statement of.
Overriding Considerations portion of Exhibit "E ").
Short Term
25. Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m., and shall
exclude Sundays.
26. During site preparation and construction, construction equipment shall be fitted with modern sound -
reduction equipment.
Long Term
27. The noise wall adjacent to Shop Numbers 1, 2 and Retail "A" shall be a minimum of eight feet in
height.
28. Vehicle speed limits of 25 mph shall be posted along Liberty Bell and Lassen Avenue.
29. Use of parking lot vacuums and landscape maintenance equipment shall be limited to the hours of 8
a.m. and 7 p.m. weekdays.
30. Provide staging areas on -site to minimize off -site transportation of heavy construction equipment.
>: Locate these areas to maximize the distance between activity and existing residential areas.
31. Designate and follow truck /equipment routes that travel through a minimum number of residential
areas, as approved by the City Engineer.
32. Ten -foot high noise attenuation walls shall be Ideated around loading areas in the rear of the
anchor tenants.
Rationale
Due to these unavoidable significant adverse noise impacts, a Statement of Overriding Considerations
must be adopted in association with any approval of the project (See Statement of Overriding
Considerations portion of Exhibit "E" ).
D. FIRE PROTECTION
Significant Effect: The project would result in an increment.il increase in the use of the City's fire
protection services. I lowever, they project contains ni Iemrnt that poses any unique fire hazard and no
significant impact to fire supression services would r, ult.
Fie tjn • Mlle proposed tract map and commcrci,il kl.,velol inert is not expected to significantly impact
the provision of fire protection services to the tii.r. I o prowction and emergency medical services are
currently provided to the site. Fire pro!ectw ' ,i 0,11r ", rc,tuired by the County of Ventura fire
6
�U
-� Protection District would be addressed during final plan review subsequent to City approval. In
- addition yQ
T _manLthe- mitigatiotuneasvres listed . i_n = the :Police Protection section of_these_Findings
address concerns of the Fire Department.
Mitigation Measures: NONE.
Therefore, with proper implementation of fire protection measures and enforcement of district
requirements, any impacts will be reduced below a level of significance.
E. POLICE PROTECTION
Significant Fffect- The project would result in an incremental increase in calls to the Ventura County
Sheriffs Department. However, the project contains no element that poses any unique hazard or risk
and no significant impact to police protection services would result_
Finding- The proposed tract map and commercial development is not expected to significantly impact
the provision of police protection services to the site, even though development of the site will increase
the number of emergency calls received by the Police Department. Police protection is currently
�. provided to the site.
Mitigation Measures: Police protection measures required by the Ventura County Sheriffs Department
and Moorpark Police Department would be addressed during final plan review subsequent to City
approval.
33. A licensed security guard is required during the construction phase, or a 6 -foot high chain fence
shall be erected around the construction site.
34. Construction equipment, tools, etc., shall be properly secured during non - working hours.
35. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured
prior to installation during non - working hours. All serial numbers shall be recorded for
identification purposes.
36. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with
them. All parking areas shall be provided with a lighting system capable of illuminating the
parking surface with a minimum maintained l-foot candle of light and shall be designed to
minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be
protected by weather and breakage - resistant co•. ors
37. Landscaping shall not obstruct any exterior door . - window.
38. Landscaping is to be maintained at a heil;fit here pedestrians will have full view of the area
with no obstructions.
39. Landscaping at entrances /exits or at any interjection within the parking lot shall not block or
screen views of a seated driver from another mop uig vehicle or pedestrian.
40. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a
loss of�ht at ground level.
41. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a
contrasting color.
42. Address numbers shall be a minimum of six inches in height and illuminated during the hours of
darkness.
43. All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick or of
metal construction. Front glass door(s) commonly used for entry are acceptable but should be visible
to the street.
44. Doors utilizing a cylinder lock shall have a nunimum five pin tumbler operation with the locking
bar or bolt extending into the receiving guide a minimum of one inch.
45. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc.
46. Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development
constructed under the same general plan, shall have locks using combinations which are
interchange free from locks used in all other separate dwellings, proprietorships, or similar
distinct occupancies.
Rationale
Therefore, with proper implementation of police protection measures and enforcement of department
requirements, any impacts will be reduced below a level of significance.
F. PARKS AND RECREATION
Significant Effect; The proposed project does not include any residential uses. The proposed tract map
and commercial development will not significantly impact the provision of parks and recreation
services to the site since no residential uses are proposed with the project.
Finding: The project would not increase loc.31 population levels and would not result in a significant
increase use of City park and recreation facilities. i lowever, employees would be expected to use City
Parks and Recreation facilities and mitigation a r�,luirrci.
Mitigation Measures: Parks and Recreation , npa�ts will be mitigated by the payment of a fee of $0.25
per square foot of commercial use, consistent %%ith ( :ty lx)licy.
47. Prior to the issuance of building permits, ihL• C veloper shall pay the City's park impact fee for the
project, as calculated below:
265,940 square feet x $0.25 per square fi-ot o .-oniincrci.il use = $66,485.00.
Rationale
Therefore, with proper implementation of the :rniti,,;.3tion measure, any impacts will be reduced below a
level of significance.
-XZ
..— C. WATER PROVISIONS
Significant Effect: No significant a verse impacts to water provision or area wafer supplies Have--
been identified.
Finding, The Ventura County Waterworks District can provide the required water to the site,
utilizing the existing infrastructure.
MitiZation Measures: NONE.
Rationale
Therefore, with proper implementation of Ventura County Waterworks District standards and City
Engineering requirements, any impacts will be reduced below a level of significance.
H. SANITARY SEWERS
Significant Effect: For the impacts of the project to sanitary sewers have been identified as
cumulatively significant and adverse, but mitigated.
Finding: The Ventura County Waterworks District No. 1 would not be significantly impacted by
wastewater flows generated by the proposed project at this time. However, due to area -wide growth,
limited available sewage treatment plant capacity is expected to exist when all proposed projects in
the City of Moorpark become operational (i.e. during the design year). At that time, the proposed
project would would overburden the existing %Ioorpark Wastewater Treatment Facility (the upper
commercial component would not have a significant effect). However, the treatment plant is currently
being expanded to increase its capacity in order to manage future wastewater demand. In addition, the
City Engineer can oversee the connection of th,-, l-roject into the sewer system to assure that sufficient
capacity exists in the system and treatment plant, prior to occupancy of the proposed project.
Mitigation Measures: The following mitigation measures are designed to reduce the project impacts on
the sewage treatment and disposal infrastructure i-� low a level of significance.
48. The project applicant shall be required to fund all sewer infraistructure improvements necessary to
accommodate the proposed project demand.
49. The applicant shall be required to comply with all pertinent County of Ventura Public Works
Department sewer connection regulations. These mitigation measures shall be implemented by the
County of Ventura Public Works Department (Waterworks District No. 1).
50. In accordance with the Ventura County Wate:works District No. 1 adopted Water Conservation
Rules, all buildings shall include ultra low war - utie plumbing fixtures.
-/
Rationale
with proper implementation of City Engineering standards and the mitigation measures, as
we asp phasing of-We proposed ci)fc o as uie ►a the sewer system and treatment plant are not— ---
overburdened, any impacts will be reduced below a level of significance.
I. STORM DRAWAGE
Significant Effect• No significant adverse impacts to storm drainage have been identified.
Ong; The proposed project would result in a minor increase in off -site runoff due to the increase in
impervious surface on the property. However, the proposed parcel map and commercial development is
not expected to significantly impact the storm drainage system on or off the site since additional runoff
created by this project can be conveyed to the proper drainage facility via the existing and proposed
storm drainage infrastructure and on -site retention basins.
Mitigation Measures: The following mitigation measure is required in order to minimize any adverse
storm drainage impact:
51. On -site detention basins should be incorporated into the proposed site plan. The use of landscape
mounding within the landscape medians planned throughout the proposed parking areas, with
area drains placed in a sump condition, would allow for some storage.
Rationale
Therefore, with proper implementation of City Engineering standards and the mitigation measure, any
impacts will be reduced below a level of significan(:e.
J. SOLID WASTE
Significant Effect: Significant adverse impacts l).+ve been identified in relation to solid waste due to
the finite capacity of the local landfill.
Finding: The proposed tract map and commercial development is expected to contribute to a
cumulatively significant impact on the collection and disposal of solid waste on or off the site. Solid
waste would be generated by each project component, transferred off -site by a licensed carrier and
disposed of at an area landfill. Additional Jcrn.:nd created by this project can be served via the
existing solid waste collection, recycling and cii,l �al I10%vever, solid waste landfills are a
finite resource. The County of Ventura Soli.] '.V.0 , man,igct.•ent Department indicates that recycling
is the most effective means of mitigating impacts, to 11id o-1r,1w management resources.
Mit_ ration MeafUUa-. l'he following; nit l;, tr i nw ,i,trr, is reLluircd in under to minimize any
significant, adverse solid %vaste impact:
y�
52. To encourage future residents and tenants of the proposed project to contribute materials for
recycling, design considerations shall be included in each development component that would
provide adequate space and facilities for the storage and transfer of recyclable materials. _
53. A waste reduction and recycling plan shall be submitted to and approved by the City of Moorpark
Community Development Department, prior to occupancy of the main tenant buildings. The plan
shall include a designated building manager, who be responsible for initiating on -site waste
materials recycling programs. This shall include the acquiring of storage bins for the separation of
recyclable materials and coordination and maintenance of a curbside pick -up schedule. These
recycling bins shall be located near on -site trash receptacles.
54. The developer shall require (in the construction specification and bid package) insulation and other
building materials made of recycled material, to the extent possible, to increase the demand for
(and value of) recyclables.
55. The developer shall design and construct enclosed trash collection areas that are large enough to
accommodate trash separation bins for recyclables in addition to those for non- recyclables. The site
plan shall depict these areas, which will be approved by the Community Development
Department, prior to zoning clearance.
56. The City's Building Official will verify that trash compactors are installed for non- recyclables,
wherever feasible on the project site.
f Therefore, with proper implementation of City waste disposal standards and the mitigation measures,
any impacts will be reduced below a level of significance.
K. VISUAL RESOURCES/LIGHT AND GLARFJARCHITECTURAL
Significant Effect: Significant adverse impacts Dave been identified in relation to aesthetics, but the
impacts are mitigable.
Finding: Since the project site is currently undeveloped, the proposed commercial development is
expected to create significant sources of light and glare, new disruptions to existing viewsheds and
introduce new architecture to the city of Moorpark The site would be transformed from a natural to a
man -made environment. The project would be most visible from Los Angeles Avenue but would also be
visible from the existing residential area located to the west and the existing school to the northeast.
Mitigation Measures: The following miti;,atioo measure are intended to reduce any significant,
adverse impacts of views, light and glare and ir,h,tocture below a level of significance:
57. A landscape plan shall be submitted to and approved by the Community Development Department,
prior to Zone Clearance, that ensures that a sufficient amount of tall and rapidly growing trees
and /or shrubs, in minimum 24 -inch size box containers, are planted along the western site boundary
to minimize the glare impacts and the loss of privacy of the nearby single - family neighborhood.
All perimeter landscaping elements shall be completed prior to any tenant occupancy. Plant a
sufficient amount of tall growing trees and / or shrubs along; the western site Nnrndary to minimize
the glare impacts and the loss of privacy of 0-c •.earhy sinl;le- family neighborhood.
' .r
58. The applicant shall have a tree report prepared consistent with City code requirements, to be
submitted for review and approval by the Community Development Department, prior to Zone
Clearance. Landscaping shall be provided for the commercial development which is equivalent to
not less than the value of the 310 trees which will be removed.
59. All parking and walkway area pole lights and street lights shall be fully hooded and back
shielded to reduce the light "spillage" and glare. An outdoor lighting plan shall be submitted for
review and approval by the Community Development Department, prior to Zone Clearance.
60. Colors and materials of the proposed building shall be compatible with the surrounding area, as
approved by the Community Development Department.
61. No illuminated building mounted signs shall he permitted on any building facade facing towards a
residential neighborhood.
62. Tinted windows shall be installed to minimize the emittance of light and glare from interior
sources.
Therefore, with proper implementation of the mitigation measure, in particular, landscaping, lighting
and architectual design, any impacts will be reduced below a level of significance.
L. TRAFi-'ICICIRCULATION MITIGATION MEASURES
Significant Effect: Implementation of the project would result in a cumulatively significant,
unavoidably adverse long-term impact to the traffic volumes on Los Angeles Avenue.
Finding: Given that this project would result :n, or contribute to cumulative traffic volumes at
intersections along Los Angeles Avenue that currently exceed City standards for level of service, this
project's impact on the City's traffic environment is considered unavoidably significant. The most
significant impact of the project is the additio-) of vehicle trips on the existing overburdened
intersections on Los Angeles Avenue, in the vi�:init% of the project site. Mitigation measures have been
imposed by the City Council to reduce the &Jvc:,e, significantiand unmitigable impacts of project
related traffic below a level of significance. I low(- er, these measures are not capable of reducing the
cumulative impacts of all development activities ai.)ng Los Angeles Avenue to insignificant levels. No
mitigation measures are known that would r.,kiu: long -term cumulative off -site impacts associated
with project - generated traffic below a level of ti�,.n icance
Mitigation Measures: )litigation measures havL been imposed by the City Council to reduce the
adverse, significant and unmitigable impacts of l'r0ject related traffic below a level of significance.
The following mitigation measures are offered as :,art of this EIR; however, these measures are not
capable of reducing the cumulative impacts of ,ill vclopnxnt activities along l.os Angeles Avenue
below a level of significance.
Refer to the Conditions of 61rproval ►i 80 -99 Exhibit _'A for the major modification #i_ 1 to CPD 89 -1,!
89 -2 for traffiicicirculation mitigation measures
Rationale
Therefore, the proposed Tract map and commercial development will have a significant effect on
traffic, even after mitigation measures are implemented. Mitigation measures are not capable of
reducing the impacts below a level of significance. A Statement of Overriding Considerations must be
adopted in association with any approval of the project (See Statement of Overriding Considerations
portion of Exhibit "E").
M. POPULATION/HOUS W G
Significant Effect" No significant adverse impacts to population and housing have been identified.
Findinge The porposed project does not include any residential uses but could have an indirect impact
on the housing environment due to additional housing required by those new employees expected to be
new residents of the city. However, most employees should be existing residents of Moorpark.
Mitigation Measures: NONE.
$ationale
Therefore, given the low impact of the project on population and housing, any impacts will be below a
level of significance.
N. HEALTH HAZARDS
Significant Effect: No significant adverse health hazards have been identified.
Finding: There is the potential for unsafe operation of the gas station and restaurants. However,
County, State andFederal environmental protection laws and standards will preclude the creation of
any unhealthful situations. The proposed parcel map and commercial development is not expected to
create any significant health hazards on or oft site
Mitigation Measures: NONE.
RR�ionale
Therefore, given the County, State and Federal environmental protection laws and standards which
will preclude the creation of any unhealthful iihrations, any impacts will be reduced below a level of
significance.
ALTERNATIVES
Four alternatives to the proposed project were discussed in the original Draft EIR (section 7). None of
the four alternatives were choosen by the City Council since the alternatives do not achieve the city of
Moorpark's goals for general plan consistency, commercial service provision and efficient traffic
circulation for the residents of Moorpark.
14-
-7
EXHIBIT "E"
r 0, 1
- - - - - STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE FINAL - -- -- - -_ _ -
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (EIR)
FOR MISSION BELL PLAZA
OCTOBER 2,1991
Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the
Public Resources Code of the State of California, Section 15093 of the CEQA Guidelines), the
City Council of the City of Moorpark determines that the environmental issues, effects and
mitigation of the proposed project are similar to those addressed in the Draft and Final
Supplemental EIR prepared for the proposed project and that cumulative impacts are
adequately addressed in the Draft and Final Supplemental EIR.
The City Council has determined that, due to the information provided in the Draft and Final
Supplemental EIR, City Council Staff Reports and public testimony; 1) some significant
environmental impacts listed in the Draft Supplemental EIR are not mitigable below a level of
significance (air quality, noise and traffic), 2) all suggested alternative projects within the
Draft Supplemental EIR are not feasible (see Findings of Significance in Exhibit D). Therefore,
1101, Statements of Overriding Consideration in relation to the Mission Bell Plaza are presented
below. From this, it is determined that the benefits of the proposed project to the State of
California, County of Ventura and the City of Moorpark outweigh the unavoidable adverse
environmental effects of air quality, noise and traffic.
Statement of Overriding Considerations:
- The project is consistent with the city's General Plan for land use and provision of
commercial services for the local ix)pulation.
- On December 7, 1988, the Moorpark City Council adopted Resolution No. 88 -527
indicating its intent to implement reasonably available transportation control
measures from the 1987 County of Ventura Air Quality Management Plan (AQMP).
Since the project site has never bt en developed, no air pollutants are currently
generated by its use. The proposed project will add 265,940 square feet of
neighborhood retail commercial to the city of Moorpark. Once the retail
commercial project is in operation, ;he amount of air pollutants will increase on -site
and in the general area. The Cit% imIx)sed a mitigation fee of $568,467-24. The
purpose of the $568,467.24 foo is t , mitigate project related air pollutants in order
ffiffJ
to help implement the AQMP. This fee is based on the current (1989) APCD
guidelines.
However, currently, many Moorpark residents travel out of the city limits of
Moorpark for neighborhood retail shopping purposes. The proposed neighborhood
retail commercial center will result in a reduction in vehicle miles travelled (VMT)
by Moorpark residents since Moorpark residents will travel a shorter distance to
the proposed neighborhood commercial facilities (once the commercial center is in
operation). Therefore, the total amount of air pollutants within the sub - regional
airshed will be decreased since total vehicle miles travelled (VMT) will decrease.
- Operation of this neighborhood retail commercial center will result in increased
revenue to the local general tax base due to increased market capture of local
resident's disposable income.
Developer- funded improvements to Los Angeles Avenue (to be completed prior to
occupancy by tenants of the project), such as road widening, turn lanes and traffic
( signalization, will benefit residents of Ventura County as well as the city of
Moorpark due to improved traffic flow and safety.
2
FA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA
APPROVING THE TENTATIVE TRACT MAP (TTM) 4757 FOR VENTURA PACIFIC CAPITAL
CORPORATION AND MACLEOD CONSTRUCTION COMPANY (ASSESSOR'S PARCEL # 511 -080 -
190, 200, 210, 310, 320, AN D 370).
WHEREAS, at duly noticed public hearing on August 21, 1991, September 4, 1991, and
September 18, 1991, the City Council considered the Tentative Tract Map (TTM) 4757 for thirteen (13)
parcels, located on the north side of Los Angeles Avenue and west side of Park Lane in the City of
Moorpark; and
WHEREAS, at its meeting of August 21, 1991, September 4, 1991, and September 18, 1991, the
City Council opened the public hearing, and took testimony from all those wishing to testify and then
closed the public hearing on September 18, 1991; and
WHEREAS, the City Council after review and consideration of the information contained in
the Staff Report dated August 21, 1991, September 4, 1991, and September 18, 1991, and the draft
Supplemental Environmental Impact Report (EIR) prepared for the proposed project has reached a
decision on this matter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA,
DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California Environmental Quality Act
(CEQA, Division 13 of the Public Resources Code of the State of California), the City Council of
the City of Moorpark determines that the environmental issues, effects and mitigation of the
proposed project are similar to those addressed in the Draft Supplemental EIR prepared for the
proposed project and that cumulative impacts are adequately addressed in the Draft
Supplemental EIR.
SECTION 2. That the City Council certifies compliance with the following:
Subdivision Map Act Com 1' u,ce: Based upon th6 information set forth above, it is
determined that the subject Tentative Tract Map 4757 meets the requirements of
California Government Code ("110 `-ubdi%,ision Map Act) Sections 66410- 664199.58 et seq.,
as follows:
The proposed map is c, nsi -,,nt with the applicable general and specific plans;
The design and improvt2nW: is of the proposed subdivision are generally
consistent with the ap1)hk•a; lk- and l;en:ral specific plans;
The site is physically snital- for the t� pe of development proposed;
A'1-T:1('fiMEM' 2
• The site is physically suitable for the proposed density of development;
• The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage that have not been disclosed in the
Draft Supplemental E1R
• The design of the subdivision and the type of improvements are not likely to
cause serious public health problems:
• The design of the subdivision and the type of improvements would not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision.
• There would be no discharge of waste from the proposed subdivision into an
existing community sewer system in violation of existing water quality control
requirements under Water Code Section 13000 et secs.; and
• The proposed subdivision ,foes not contain or front upon any public waterway,
river, stream, coastline, slr )reline, lake or reservoir.
b. Certification of the Mitigation Mcmitoring Plan for the Final Supplemental EIR, which
is incorporated herein by reference as Exhibit "C ".
C. Approves the Findings of Significance and Statement of Overriding Considerations as
required under section 21081 and :5093 of the California Environmental Quality Act
(CEQA) and Guidelines, which ir,- incorporated herein by reference as Exhibit "D"
and "E ".
SECTION 3. Therefore, the City Counc f approves the following:
a. The Tentative Tract Map (TTM) 9;'57 pursuant to the findings in the City Council staff
report dated September 18, 1991, and subjk ct to the conditions of approval contained in the staff
report dated October 2 ,1991, (EXHIBIT 'B') including the changes to the conditions of approval
as stated by the City Council on Septernb:-r ,, 19U1, anti September 18, 1991.
52--
The action with the foregoing direction was approved by the following role call vote:
AYES: — -- -- - -- -- - - - -. _ --- - - - - -- - - - -- __
NOES:
ABSTAIN:
ABSENT:
PASSED, APPROVED AND ADOPTEL THIS
Paul W. Lawrason, Jr.
City of Moorpark
ATTEST:
Lillian E. Kellerman
City Clerk
Attachments: 1. Exhibit B - Conditions of Approval for TTM 4757.
.53
1� -
TENTATIVE TRACT MAP 4757 -MAJOR MODIFICATION #1 --
CONDITIONS OF APPROVAL
October 2,1991
--------------------------------------------- ------------------------------------------------------------------------
•Note: Wording in italics represents original language to be changed, wording in bold and underline
represents new proposed language.
TENTATIVE TRACT MAP CONDMONS
GENERAL REQUIRLNfENTS
The conditions of approval of this Tentative Tract Map supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on said reap: and
that all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City
policies apply.
2. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the
conditions of this Map.
I All applicable requirements of any law or agency of the State, City of Moorpark and any other
governmental entity shall be met, and all such requirements and enactments shall, by reference,
become conditions of this entitlement.
(` 4. The developer's recordation of this map and /or commencement of construction as a result of this
map shall be deemed to be acceptance of all conditions of this map by the applicant.
5. That no condition of this entitlement shall be interpreted as permitting or requiring any
violation of law, or any lawful rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply, the stricter ones shall take
precedence.
6. That if any of the conditions or limitations of this subdivision are held to be invalid, that
holding shall not invalidate the remaining; conditions or limitations set forth.
7. The development shall be subject to all applicable regulations of the CPD zone as applicable.
8. The Tentative Tract Map shall expire three years from the date of its approval. Failure to
record a final map with the Ventura County Office of the Recorder prior to expiration of the
Tentative Map shall terminate all proceedings, and any subdivision of the land shall require
the filing and processing of a new Tentativt \Iap.
As of the date of recordation of final map, the parcels depicted thereon shall meet the
requirements of the Zoning Ordinance arid General Plan then applicable to the property.
Compliance with this condition shall bt required even if the zoning and General Plan
requirements in effect as of the date the tentative map is conditional approved. Conditional
approval of the tentative map shall neither lima the lxrnver of the legislative body to amend
the applicable zoning ordinances and /or C, ,,oral Plan :ior compel the legislative N)dy to make
any such amendments.
5Y
10. That the subdivider 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,,- a�i ie,_void, n annul any approval.by�h�City or_any_of its _
agencies, departments,commissions, agents, officers, or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37. The city will promptly notify
the subdivider 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 subdivider shall not thereafter be responsible
to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant
to this condition. The city may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur.
a. The city bears its own attorney fees and costs;
b. The city defends the claim, action or proceeding in good faith.
The subdivider shall not be required to pay or perform any settlement of such claim, action or
proceeding unless the settlement is approved by the subdivider. The subdivider's obligations
under this condition shall apply regardless of whether a tract map is ultimately recorded with
respect to the subdivision.
11. Within two days after approval of the project by the City Council, the applicant shall deposit
with the City a check for $850.00 plus a $25.00 filing fee made payable to the County of
Ventura. This fee is for the State Department of Fish and Game required Notice of
Determination filing fee in accordance with Assembly Bill 3158, for the management and
protection of statewide fish and wildlife trust resources.
12. Any appropriate conditions for CPD 89 -1, 89 -2 (Major Modification) that are applicable to this
subdivision shall be incorporated by reference in the conditions of approval for Tentative Tract
Map 4757.
PRIOR TO FINAL MAP RECORDATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
13. No zone clearance shall be issued for construction until the final tract map has been recorded.
Prior to the issuance of any permit, a zoning clearance shall be obtained from the Department of
Community Development and a Building; Permit shall be obtained from the Department of
Building and Safety after the granting; of a zoning clearance.
14. Prior to the Final Map Recordation, the applicant shall pay all outstanding case processing
(planning and engineering), environmental impact report preparation costs, and all City legal
service fees be paid for the Major Modification #1 to CPD 89 -1 and 89 -2 and TTM 4757.
15. Prior to the Final Tract Map Recordation, the applicant shall deposit fees pursuant to City
Resolution No. 89-605 for condition compliance review.
16. Prior to the Final Tract Map Recordation, the permittee shall sign a statement indicating
awareness and understanding of all per•nit conditions, and shall agree to abide by these
conditions.
J_
S'rI'Y EV V'EER'S CONDITIONS
PRIOR- TA+-INAL-MAP- APPROVAL; TH- 6FOLLOWING CONDITIONS SHALL BE SATISFIED:— - --
17. a. Developers of CPD 89 -1 and 89 -2 shall be allowed to file and record a lot line
adjustment in accordance with Section 66412(d), Subdivision Map Act, California Government
Code, to separate Phase I (CPD 89 -2, Tract 4757 -1) without the recordation of LDM -89 -2
(Macleod). Physical development and recordation of parcels will thereafter follow in
accordance with approved conditions for phased development of CPD 89 -1, CPD 89 -2 and Tract
4757.
b. Prior to first building permit, the applicant shall deposit with the City a contribution
for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current
Los Angeles Avenue Area of Contribution rate.
18. The applicant shall submit to the City for review and approval, a grading plan prepared by a
registered civil engineer; shall obtain a grading permit; and shall post sufficient surety
guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizontal: vertical).
At the applicant's request, a staged grading plan can be submitted to the City Engineer for
review and approval.
An erosion control plan shall be submitted for review and approval if any grading is to occur
between October 15 and April 15. Along with erosion control measures, hydroseeding of all
graded slopes shall be required within 60 days of completion of grading. All haul routes shall
be approved by the City Engineer. On -site haul routes shall be limited to graded areas only.
19. The applicant shall submit to the City for review and approval, a detailed soils and
geotechnical report prepared by a civil engineer and a geotechnical engineer registered with
the State of California. The report shall include a geotechnical investigation with regard to
liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the
recommendation of the approved soils report.
Review of the soils and geotechnical report by the City's geotechnical consultant may be
required by the City Engineer. If so, the applicant shall reimburse the City for all costs
including the City's administative costs.
20. The applicant shall submit to the City for review and approval, street improvement plans
prepared by a registered civil engineer; shall enter into an agreement with the City to complete
the improvements; and shall post sufficient surety guaranteeing the construction of the
improvements. Any necessary right -of -way acquisition necessary to complete the required
improvements will be acquired by the applicant at their expense.
The improvements shall include concrete curb and gutter, sidewalk, striped bike path, street
lights, traffic signals, striping and signing, traffic control, paving, and any necessary
transitions to the satisfaction of the City Engineer. All driveway locations shall be approved
by the City Engineer and the Director of Community Development. The applicable Ventura
County Road Standard Plates are as follo� % -:
a. Los Angeles Avenue per Plate B -_'A, modifie north of centerline to have 59 feet of
right -of -way, 51 foot pavement width and a 6 foot sidewalk. The sidewalk shall be located
within the landscape area in a pedestrian casement as necessary. Applicant shall construct
improvements north of the centerline .3c: ,�s the fr%mt.age of the project in accordance with
Figure 1.
(O
Applicant shall also construct sufficient roadway widening along the south side to permit
' restriping for a westbound auxiliary lane across the entire frontage of the project, as well as a 12
foot wide eastbound _ri _ght turn pocket providing La minimum of 150 feet of storage at Liberty Bell_
Road see Figure 1). All Los Angeles Avenue improvements shall be shown first on preliminary
plans which shall be submitted to the City for review and approval, after which they will be
submitted to Caltrans for review and approval. If Caltrans will not approve the preliminary
plans, the preliminary plans shall be returned to City Council for consideration of alternative
improvements.
Any direct expenses incurred by the applicant relating to the right -of -way acquisition along
the south side of Los Angeles Avenue shall be reimbursed by the future developer(s) of the
property located along the south side of Los Angeles Avenue. The City will enter into an
agreement with the applicant agreeing to condition the future developer of the property along
the south side of Los Angeles Avenue to reimburse the applicant to the extent legally
enforceable. The applicant shall pay all legal costs, including but not limited to, attorney fees
and administrative costs incurred by the City to impose and/or enforce said agreement Q"
applicant's discretion shall waive its eligibility for re'znb .rsements The agreement will be
prepared by the City Attorney, subject to review by the applicant. The applicant shall pay the
City's legal expenses to prepare the agreement.
The applicant shall make an irrevocable offer of dedication of an additional 9 feet across the
frontage of the project. The City may, in the future, elect to accept this dedication to provide
for construction of additional requirements.
The applicant shall design the main driveway project entrance between Park Lane and Liberty
Bell Road to provide one inbound lane and one outbound lane. The required Los Angeles Avenue
improvements shall include restriping to provide a striped island in the vicinity of this
driveway thereby prohibiting left turns in or out of this driveway.
In conjunction with other Los Angeles Avenue improvements, all necessary transitions shall be
designed and constructed to the satisfaction of the City Engineer and Caltrans. Any
improvements constructed by the City with Los Angeles Avenue Area of Contribution funds that
would normally be the responsibility of the applicant shall be offset by special contributions to
the Los Angeles Avenue Area of Contribution fund.
b. Liberty Bell Road per Plate B -31) and shall be designed and constructed to align with
the ultimate Liberty Bell Road alignment south of Los Angeles Avenue. The Liberty Bell Road -
Los Angeles Avenue intersection must be designed and constructed to provide for necessary
turning pockets and must be reviewed and approved by the City Engineer prior to recordation so
that the dedication of right -of -way on the map will be the ultimate right -of -way dedication.
Liberty Bell Road will be a variable width street, 'with all elements designed to the
satisfaction of the City Engineer. A conceptual configuration of the proposed improvements is
shown in the attached Figure 2. Although it is intended that the concept shown on this figure
be implemented, it is understood that final plan details such as transition design may vary
from that shown in the figure.
As an option, an easement for Liberty Bell Road between phase 2 and 3 may be created rather
than the construction of Liberty Bell Road
C. Lassen Avenue per Plate B -5A, modified to have 56 feet of right -of -way to match the
existing, previously dedicated, alignment per Parcel Map No. 3781 on the easterly portion of
the project site. Lassen Avenue shall have a 6 foot sidewalk and 4 foot landscaped area on the
south side, within the 8 foot parkway area and a 2 foul landscape and pedestrian easement. All
S7
improvements south of centerline plus 12 feet north of centerline except along the Chaparral
JC Middle School frontage where full -width street improvements (including curb, gutter,
sidewalk, driveway and landscapin )g shall 1? constructed. Landscaping and_irrigation shall be
installed along the easement area between the school district property and future Lassen
Avenue. The landscaping shall be designed and constructed to the satisfaction of the Director of
Community Development. All necessary transitions shall be constructed to the satisfaction of
the City Engineer. The only connection of Lassen Avenue to Sierra Avenue shall be in the form of
an unpaved emergency access easement area west of Liberty Bell Road. This easement shall be
to the satisfaction of the City Engineer, the Director of Community Development, the Sheriffs
Department and the Fire Department. The connection of Lassen Avenue to Liberty Bell Avenue
shall be in the form of a knuckle per City standard.
d. Although not a requirement of this development, it is noted for future reference that
any future street intersecting Lassen Avenue in the vicinity of the traffic circle servicing the
proposed office buildings east of Liberty Bell Road shall not be offset from the traffic circle.
e. Park Lane per Plate B-313, modified west of centerline to have 28 foot right -of -way, 20
foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway
area and a 4 foot landscape and pedestrian easement; with the portion of Park Lane located
within 150 feet north of the prolongation of the northern right -of -way of Los Angeles Avenue
designed and constructed in accordance with Plate B -313, modified to have 65 foot right -of -way
width, 49 foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot
parkway area and a 4 foot pedestrian easement in accordance with Figure 3. All necessary
transitions shall be designed and constructed to the satisfaction of the City Engineer. The
intersection of Park Lane and Lassen Avenue shall be designed and constructed as a standard
knuckle. The anticipated lane configuration on Park Lane at the Los Angeles Avenue
intersection includes one southbound right turn lane, one southbound through lane, one
southbound left turn lane, and one northbound through lane. To the greatest extent practicable,
Park Lane improvements north of Los Angeles Avenue shall align with ultimate improvements
south of Los Angeles Avenue. Design of the Park Lane - Los Angeles Avenue intersection must be
reviewed and approved by the City Engineer prior to recordation so that the dedication of
right -of -way on the map will be the ultimate right -of -way dedication.
f. No portion of any project dnveway may be within 150 feet of the nearest curb
prolongation of an adjacent intersection.
g. The applicant shall construct the necessary improvements to provide Class II bicycle
lanes (5 feet wide) along Liberty Bell Read per the Circulation Element of the Moorpark
General Plan.
h. The applicant shall be responsible for all maintenance of the public sidewalks and
landscaped parkways on Los Angeles Avenue, Liberty Bell Road, Park Lane and Lassen Avenue.
i. The applicant shall agree to provide the necessary public maintenance casements for
the landscaped areas along -and adjacent to Los Angeles Avenue, Park Lane, Lassen Avenue and
Liberty Bell Road. The applicant shall reti** the right to rotest Ole amount and the sRrcld of
any _proposed ass ssm nt in relation to th e-iamltiwl- QLA- la1d_La.prm_aintenttice assessnient
district. if and when aeated by the City,
21. The applicant shall demonstrate feasible access during a 10 -year frequency storm for each
building pad to the satisfaction of the City Fngineer.
M
22. The applicant shall submit to the City for review and approval, drainage plans, hydrologic
and hydraulic calculations prepared by a registered civil engineer; shall enter into an
1 agreement with the Cit ty o comElete the improvements and_shall post sufficient surety_
guaranteeing the construction of the improvements.
The drainage plans and calculations shall indicate the following conditions before and after
development:
The Hydrology /Hydraulic Report and Hydraulic Plans shall address the entire project
including the proposed RPD and the following:
• No flows from a 50 year storm shall flow from this project onto Los Angeles Avenue, or to the
existing tract (Tract 1240) to the west.
• The required storm drain improvements required to pick up offsite storm water and carry it to
its final disposal from Poindexter Avenue, McFadden Avenue, Corvette Avenue and Park Lane
as identified by the City of Moorpark Master Drainage Study, shall be designed and
constructed. (Note: The applicant has proposed directing storm water from Poindexter Avenue
directly into the Walnut Canyon drain as an alternative to carry this storm water across the
site. It is emphasized that this alternative will require permits from the Ventura County Flood
Control District, Southern Pacific Railroad and City of Moorpark. This alternative can be
considered, but all plans and permits must be completed prior to approval of the final map.)
• The storm drain along Los Angeles Avenue shall be extended from its full size terminus to
connect to the existing 54" RCP east of Shasta Avenue. Should the existing storm drain between
Shasta Avenue and the Arroyo Simi require enlargement, the City shall reimburse the
applicant for one -half the construction cost to a maximum of $100,000.
• This study shall analyze the hydraulic capacity of the Shasta Drain to the Arroyo Simi
with and without the Moorpark Avenue storm drain connection.
Quantities of water, water flow rates, major water courses, drainage areas and patterns,
diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology
shall be per current Ventura County Standards except as fdilows:
• all catch basins in sump locations sha'.1 carry a 50 -year frequency storm;
• all catch basins on continuous grades shall carry a 50 -year storm;
• all catch basins in a sump condition sha l be sized such that depth of water at intake shall
equal the depth of the approach flows
• all culverts shall carry a 100 -year frequen y storm;
• drainage facilities shall be provided such that surface flows are intercepted and contained
prior to entering collector or secondary road .� ays,
s�
• under a 50 -year frequency storm, all collector streets shall be provided with a minimum of one
travel lane with a goal that local, residential streets shall have one travel lane available —
where possible.
• Drainage to adjacent parcels shall not be increased or concentrated by this development. All
drainage measures necessary to mitigate storm water flows shall be provided by the applicant.
• All drainage grates shall be designed and constructed with provisions to provide adequate
bicycle safety to the satisfaction of the City Engineer.
• The storm drain connection on Los Angeles Avenue from Park Lane to Shasta Avenue and
fronting CPD 89 -1 and 89 -2 shall be installed prior to occupancy of either CPD 89 -1 or CPD 89 -2
with the understanding that the installer of said system shall be reimbursed, if and when funds
are collected by the City through the establishment of an assessment district incorporating
those benefiting, undeveloped properties. It is the onus of the developer to formally initiate
the formation and fund all costs associated with establishment of said assessment district.
23. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City.
24. The applicant shall indicate in writing to the City the disposition of any water well (or any
other well that may exist within the project. If any wells are proposed to be abandoned, or if
they are abandoned and have not been properly sealed, they must be destroyed per Ventura
County Ordinance No. 2372 and per Division of Oil and Gas requirements.
25. If any of the improvements which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to
Cthe filing of the final or parcel map for approval pursuant to Government Code Section 66457.
a. Notify the City in writing that the applicant wishes the City to acquire an interest in the
land which is sufficient for such purposes as provided in Government Code Section 664625;
b. Supply the City with 0) a legal description of the interest to be acquired, 60 a map or
diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of
Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an
appraiser approved by the City which expresses an opinion as to the current fair market value
of the interest to be acquired, and (iv) a current Litigation Guarantee Report;
c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as
the City may require, pursuant to which the applicant will pay all of the City's cost
(including, without limitation, attorney's tees and overhead expenses) of acquiring such an
interest in the land.
26. The applicant shall pay all energy costs associated with street lighting for a period of one year
from the initial energizing of the street lights.
27. The applicant shall execute a covenant running with the land on behalf of itself and its
successors, heirs, and assigns agreeing to participate in the formation of an assessment district
or other financing technique for the construction of public improvements, including but not
limited to, stra -1 and sewer improvements necessitated by this project and other projects within
the assessment district, as approved by the (pity 1'nl;ineer. The appUcalA -hall retlin the right
I�rS�1£ �Llil�_, 3I�t2tlllls?i1��LC5pI� ,1SL4L,171}� l,rs��sed ass�ssuit:iiL
MR
r 28. The applicant shall post sufficient surety guaranteeing completion of all improvements which
revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model
- -- homes. tempQrar;--dcbtjs_basins� etc.).._ _ _ -- — -- -- - - — -- - --
29. The developer of CPD 89 -1 shall post sufficient surety for the installation of a traffic signal at
the intersection of Los Angeles Avenue - Liberty Bell Road. The applicant will be eligible to
receive reimbursement from the Los Angeles Avenue Area of Contribution of up to $65,000 or 50
percent of the construction expenses, whichever is less. CPD 89 -2 may elect to install the signal,
but is not required to do so.
30. The applicant shall post sufficient surety for the installation of a traffic signal at the
intersection of Los Angeles Avenue - Park Lane.
31. The applicant shall make a special contribution to the City representing the applicant's
prorata share of the costs of improvements to the following intersections:
• Poindexter Avenue - Moorpark Avenue minimum contribution of $16,800.
• Los Angeles Avenue - Gabbert Road minimum contribution of $16,200.
• Los Angeles Avenue - Moorpark Avenue minimum contribution of $28,500.
• Spring Road - New Los Angeles Avenue minimum contribution of $25500.
To determine final prorated costs of these improvements, the applicant shall first prepare
conceptual plans to the satisfaction of the City Engineer. The prorata share shall be developed
based on the incremental traffic added by each phase and shall then be paid to City, prior to
zoning clearance.
IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOIVING CONDITIONS SHALL BE
COMPLETED:
32. The applicant shall offer to dedicate access easements to the City of Moorpark over all private
streets to provide access for all governmental agencies providing public safety, health and
welfare.
33. The applicant shall offer to dedicate to thr City of Moorpark for public use, all right -of -way
for public streets.
34. The applicant shall offer to dedicate to the City of 'Moorpark, public service easements as
required.
35. The applicant shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles
Avenue, Lassen .Avenue, Park Lane and Liberty Bell Road except for approved access roads.
36. Lot to lot drainage easements and secondary drainage easements shall be delineated on the
final map(s). Assurance shall be provided to the City that these easements will be adequately
maintained by property owners to safer conk ey storm water flows.
6/.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
37. a. Sufficient surety guaranteeing the public improvements pertinent to each phase shall be
provided. The surety shall remain in place for one year following acceptance by the City
Council.
b. Any surety bonds that are in effect three years after final map approval or after issuance of
the first building permit shall be increased an amount equal to or greater than the consumers
price index (Los Angeles /Long Beach SMSA) for the period since original issuance of the surety
and shall be increased in like manner each year thereafter.
38. Original "as- built" plans will be certified by the applicant's civil engineer and submitted with
two sets of blue prints to the City Engineer's office. Although grading plans may have been
submitted for checking and construction on sheets larger than 22" X 36 ", they must be
resubmitted as "as- builts" in a series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as- built" plans is required before a final inspection
will be scheduled.
39. Reproducible centerline tie sheets shall be submitted to the City Engineer's office.
40. The applicant shall file for a time extension with the City Engineer's office at least six weeks
PP Y g
in advance of expiration of the agreement to construct subdivision improvements. The fees
required will be in conformance with the applicable ordinance section.
�Z
Final Supplemental Environmental Impact Report
MAJOR MODIFICATION #1 TO
MISSION BELL PLAZA
CPD 89 -1
CPD 89 -2
TTM 4757
SCH No. 89042617
Prepared for
City of Moorpark
799 Moorpark Avenue
Moorpark, California` 93021
Prepared by
Impact Sciences, Inc.
267 Nest l lillcrest Drive, First Floor
Thousand Oaks, California 91360
Certified by the City of Moorpark City Council
septe:11ber 18, 1091
63
TABLE OF CONTENTS
Section
Pale
1.0 INTRODUCTION /RESPONSE TO COMMENTS ............ 1 -1
2.0 MITIGATION MONITORING PLAN .... ............................2 -1
3.0 ERRATA .............................. ...... ............................................ 3-1
641
SECTION 1.0
_ INTRODUCTION
FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
MISSION BELL PLAZA
MAJOR MODIFICATION #1 FOR CPD -89 -1, CPD -89 -2
SCH No. 89042617
The Final Supplemental Environmental Impact Report (SCH No. 89042617) consists of the following
documents: (1) the original Draft and Final EIR (currently on file with the City of Moorpark); and (2)
the Draft Supplemental EIR (currently on file with the City of Moorpark) and, (3) this Final
Environmental Impact Report. This Final Supplemental EIR consists of three parts: (1) a Response to
Agency and Public Comments on the Draft Supplemental EIR; (2) the Mitigation Monitoring Plan and,
(3) an Errata Sheet for the Draft Supplemental EIR. Each component of the Draft and Final
Supplemental EIRs were prepared under the direction and supervision of City of Moorpark Community
Development staff.
The project site consists of approximately 23.62 acres of land in the central portion of the City of
Moorpark. The site is generally bounded by Lassen Avenue alignment to the north, Los Angeles Avenue
to the south, a single- family residential development to the west, and the Chaparral Middle School,
Park Lane and a retail commercial complex to the east. The project consists of the following entitlement
applications: CPD 89 -1, CPD 89 -2, and TTM 4757.
This environmental review process has been conducted in accordance with all applicable provisions of
the California Environmental Quality Act (CEQA) and requirements of the City of Moorpark
Community Development Department. The intent of an EIR is to serve as an informational document
that identifies the physical environmental impacts associated with the proposed project (indicating
significance where necessary) and to identify mitigation measures and alternatives. The EIR must
make a good faith effort at providing full dis�lo,,wt�. Disagreement among experts does not constitute
inadequacy of an EIR.
The City Council certified the original Envirornnucntal Impact Report (EIR) and approved the original
project (known as CPD 89 -1, 89 -2 and LDM 89 -?)can , )ctober 17, 1990. The project was approved for a one
year period (expiring October 17, 1991). On _9, lg9l the applicant submitted an application for a
major modification request for this project to the C.tv. ljased on this application, the City of Moorpark
determined that a Supplemental Fnvironment.il In.pact Report (EIR) should be prepared. On June 11,
1991, the City deemed the major modification .ippl, ition complete. A Supplement to the EIR was
C prepared and circulated for public review for the revised project in order to evaluate any changes in
environmental impacts created by the proposed project, when compared to the impacts of the original
project. The public review and comment period was in effect for 45 days from Monday, July 29, 1991
through Wednesday, September 11, 1991. No written comments were received during this agency and
public review period, however, verbal testimonv was taken before the City of Moorpark City Council
on August 21, 1991, September 4, 1991 and September 18, 1991. The final decision for approval of the
project occurred on October 2,1991.
i>E'�
65
RESPONSE TO COMMENTS
During the public review process, written comments were received concerning the original Draft EIR and
responded to in the Final EIR. One comment on the project and /or the Draft Supplemental EIR was
identified that was of common interest to the public and City decision - makers that was not addressed
in the original draft and final EIR or the draft Supplemental EIR. All comments or questions identified
by the public and City Council on August 21, 1991 were resolved in the staff report dated September 4,
1991 and September 18, 1991 and by the City Council at the City Council public hearing of September 4,
1991 and September 18, 1991.
1. Councilmember Wozniak: What measures are in place to mitigate dust generation during
construction to protect adjacent existing uses, such as the school to the north?
The following mitigation measures, designed by the Ventura County APCD (Guidelines for
,r Preparation of Air Oualily Impact Analyses, 1989), are included in the conditions of approval
for CPD 89 -1, 89 -2 (Exhibit "A "):
Air Quality
Short -Term
3. Engineering specifications to include a regular watering program to reduce fugitive dust. The
program, to be implemented by site development contractor(s), is to include watering graded
portions of the project site twice during the work day and at the end of the work day to create a
"crust" surface.
4. Engineering specifications to require that all clearing, grbding, earth moving, or excavation
operations during periods of high winds (i.e., Santa Ana winds 20 mph or greater averaged over one
hour as recommended by the APCD) shall cease, and that the site development contractor(s) is to
maintain contact with the APCD meteorologist for current information about average wind speeds.
5. Project engineer to phase and schedule constniction activities to avoid high ozone days.
6. Engineering specifications to require that the site development contractor(s) make face masks
available to all employees involved in gradin}; op rations during dry periods to reduce inhalation
of dust which may contain the fungus which c,mscs San Joaquin Valley Fever.
7. Engineering specifications to require that site cieyelohinent contractor(s) cover primary site access
roads with gravel during all construction
1 3
/7
8. Engineering specifications to require that site development contractor(s) landscape all inactive
portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing,
soil - binding plant to reduce wind erosion and its contribution to local particulate levels.
9. Engineering specifications to require that site development contractor(s) apply chemical stabilizers
to completed cut and fill areas.
10. Engineering specifications to require that site development contractor(s) limit on -site vehicular
traffic to no more than 15 mph during construction, and that such speed limit be visibly posted on
site.
11. Engineering specifications to require that site development contractor(s) periodically sweep public
streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site
by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction
activities. The frequency of this measure is variable, depending upon the accumulation of such silt.
Sweeping should be done prior to automobiles and wind kicking up the silt and causing wind -borne
dust.
12. Engineering specifications to require that site development contractor(s) cover all material (debris
from clearing and grubbing, as well as construction - related debris) being moved from the site.
13. Engineering specifications to require that site development contractor(s) periodically water
material stockpiles when dust forms.
14. Engineering specifications to require that site development contractor(s) maintain equipment
engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive
emissions, and use low sulfur fuel for constriction equipment.
15. Engineering specifications to require that site development contractor(s) keep all grading and
construction equipment on or near the site until the site preparation phase of the proposed project is
completed.
These mitigation measures are aimed at the protection of all individuals, including abutting
residents and school activities. No measures are designed specifically for particular sensitive
receptors, other than those designed specifically for on -site employees.
1 - '+
M
SECTION 2.0
_ EXHIBIT "C'
MITIGATION MEASURES AND REPORTING AND MONITORING PROGRAM
MISSION BELL PLAZA
MAJOR MODIFICATION #1
OCTOBER 2, 1991
Prior to complying with each of the following mitigation measures, there is a review by the City of
Moorpark. The mitigation reporting and monitoring program provides the City with the review
opportunity to ensure that mitigation measures have been considered and incorporated into the project
implementation.
The following guidelines should be followed by the City departments /divisions /consultants to ensure
compliance at each step of the process. Explanation is provided within the body of the Monitoring
Program in bold type, following each mitigation measure. The attached EIR Mitigation Reporting and
Monitoring Checklist will be used by all City departments /divisions /consultants involved in the
project implementation process in order to track the project's mitigation measure compliance progress.
A table has been included at the end of the mitigation measures and mitigation reporting and
monitoring program. This table is provided in order for City Staff to easily review each mitigation
measure in relation to, 1) the agent responsible for it's implementation and, 2) the timing of
implementation. Please note that these initig;ation teasures and the mitigation reporting and
monitoring program apply to Mission fell Plaza coniniercial shooping center.
The mitigation measures and mitigation reporting; .in(] monitoring program should be included with the
construction bid package supplied by the applicant, when construction bids are solicited.
A. GEOTECHNICAL MITIGATION MEASURES
1. Nlitie.ition_ Thr applicant shall conduct a detailed
g;eotec:im(-,fl engineering; investigation to confirm and
evtilu,i t, th:� imtrntiil for liquefaction at the site. The
include subsurface borings to depths of
fo,;y t,.e to fifty feet with appropriate in -situ testing and
samph ,,. C.u,.,,on or pile - supported foundation systems,
structural slabs, sub - drains, or dewatering systems have all
f
been successfully utilized on projects. where liquefaction
potentials are high.
Reporting and Monitoring: Prior to issuance of zoning
clearance, the applicant shall submit the detailed
geotechnical engineering investigation concurrent with the
grading and drainage plan for the entire project site. The
City Engineer and Building and Safety Official (or an
independent geotechnical consultant) shall approve this
investigation prior to any grading on the project site. Once
approval of this investigation is granted, notify the
Community Development Department so it can be noted in
the project file. During grading and project construction,
the applicant shall hire and pay all associated costs for an
independent construction reviewer (licensed as a structural
engineer in the state of California) who will review
general construction progress. The geotechnical engineer
who prepared the geotechnical investigation shall also
inspect construction progress for compliance with the
recommendations of the geotechnical investigation. The
independent construction reviewer shall be approved by the
City L igineer.
2. \1iti4.,tion: The applicant shall conduct a detailed
geotechnical engineering investigation to evaluate the
mechanical propertiesiof the deposits underlying proposed
buddiiigs and attendant infrastructure. Such an
invemi ;anon shall include subsurface explorations to
obtain represent itive in -situ and bulk soil samples,
13pp.to; ! iatc laboratory testing, and an analysis of
J)U-tIIIL t tactors including removal and rccompaction of
comps .illlc ,oil, foundation design p,iramctcrs, and the
st,il,iht, of gra.icd slopes.
70
Reporting and Monitoring: Prior to issuance of zoning
_. cle.arance,__the applicant shall submit the detailed _
geotechnical engineering investigation concurrent with the
grading and drainage plan for the entire project site. The
City Engineer and Building and Safety Official (or an
independent geotechnical consultant) shall approve this
investigation prior to any grading on the project site. Once
approval of this investigation is granted, notify the
Community Development Department so it can be noted in
the project file. During grading and project construction,
the applicant shall hire and pay all associated costs for an
independent construction reviewer (licensed as a structural
engineer in the state of California) who will review
general construction progress. The geotechnical engineer
who prepared the geotechnical investigation shall also
inspect construction progress for compliance with the
recommendations of the geotechnical investigation. The
independent construction reviewer shall be approved by the
City 1 ngincer.
B. AIR QUALITY MITIGATION MEASURES
Short -term
3. hl i t ip a t i o n: A regular watering program shall be
implemented to reduce fugitive dust. Twice during the work
day and at the end of:the work day, graded portions of the
project site shall be watered to create a "crust" surface.
This wm mld reduce the amount of dust generated during non-
RL1`t�rt [l�', alli1Q111I4L1i]F,; During construction, the City
Frigine. r and the yin -site building superintendent shall be
res.pon, ible for enforcement of this mitigation measure as
st,Ited
171
4. Mitigation: When appropriate, exposed surfaces shall be
_ sces.'ecLwith_a fast growing, soil binding -plant. This would
substantially reduce wind erosion and its contribution to
local particulate levels.
Reporting and 'Monitoring., Prior to issuance of zone
clearance, the applicant shall submit a landscape and
irrigation plan prepared by a Landscape Architect
(licensed in the state of California). This plan shall
include a temporary erosion control seed mix. The
landscape plan shall be approved by the Community
Development Director prior to issuance of a grading permit.
The City Engineer and the on -site building superintendent
during construction shall be responsible for enforcement of
this mitigation measure as stated.
5. Mitigation: All grading operations shall be subject to
compliance with the Ventura County APCD dust control
measures as enforced by APCD inspectors.
Reporting and Monitoring; During the construction phase of
the project, City Engineer, Building Inspector, the on -site
construction superintendent and the APCD shall enforce all
dust control measures. The on -site construction
superintendent shall have a copy of the dust control
measures on -site at all times.
6. Project engineer to phase and schedule construction
activiht-ti to avoid high ozone days.
Rep-Q -ilig, and M I- Littld= During the construction phase of
the pru;ect, City Lngineer, building Inspector, the on -site
contitru, tion superintendent and the APCD shall enforce all
this me.i,ure. The on -site construction superintendent shall
CO11',t11t with the Al'(1) on projected pollution levels during
%vtu k li, ..rS
7,2-
7. Engineering specifications to require that the site
d_v_elopimcnL con tractor(s) make face masks available to _
all employees involved in grading operations during dry
periods to reduce inhalation of dust which may contain the
fungus which causes San Joaquin Valley Fever.
Reporting and Monito 'n : During the construction phase of
the project, City Engineer, Building Inspector, the on -site
construction superintendent and the APCD shall enforce all
dust control measures. The on -site construction
superintendent shall have a copy of the dust control
measures on -site at all times.
8. Engineering specifications to require that site development
contractor(s) apply chemical stabilizers to completed cut
and tril areas.
Reporting and Monitorine: During the construction phase of
the project, City Engineer, Building Inspector, the on -site
construction superintendent and the APCD shall enforce all
dust control measures. The on -site construction
superintendent shall have a copy of the dust control
ntcasr.res on -site at all times.
9. Engin�,ering specifications to require that site development
contr,:ctor(s) periodically sweep public streets in the
vIcini;, of the site to remove silt (i.e., fine earth material
transported from the site by wind, vehicular activities,
%%ater runoff, etc.) which may have accumulated from
cow,tr i�tron actin ities. The frequency of this measure is
v.trr.tt upon the accumulation of such silt.
Sr;ecl ng should 1v done prior to automobiles and wind
kiCk:P1. up t1W `rlt .ind cautiing, wind- lx)rne dust.
= During the construction phase of
the prt ct, City l'ngincer, Building, Inspector, the on -site
construction superintendent and the APCD shall enforce all
dust control- -measures. - The on -site construction ._.
superintendent shall have a copy of the dust control
ieasures on -site at all times.
10. Engineering specifications to require that site development
contractor(s) maintain equipment engines in good condition
and in proper tune as per manufacturers' specifications to
prevent excessive emissions, and use low sulfur fuel for
construction equipment.
Repo_rt'ne and Monitoring; During the construction phase of
the project, City Engineer, Building Inspector, the on -site
construction superintendent and the APCD shall enforce all
dust control measures. The on -site construction
superintendent shall have a copy of the dust control
measures on -site at all times.
11. Mitigation: All grading and construction equipment shall
be kept on or near the site until those phases of
develc pment are completed.
Itep i-ting and Monitorine: The City Engineer and the on-
site construction superintendent shall enforce the parking
location of construction- related vehicles at all times during
the construction phase.
12. Miti1,, t on: Site access roads shall be covered with gravel
or pavitig.
Rs1�4Littusi �It�nitQtii Prior to issuance of zoning
clearaii,e, a grading plan and drainage plan sliall be
submitt0d anti 111i11'ovccl by the City Engineer. This plan
shA irtlude a statement in the general notes which
require, that Site access roads shall be covered with gravel
Long -Term
711
or paving as well as labelling the roads to be gravelled or
___pav_ed._During construction, the City Engineer shall enforce___ _
compliance with the mitigation measure.
13. Miti.ation: During periods of high winds (20 mph or
greater), grading operations shall be ceased.
Deporting and Monitoring: During the construction phase of
the project, City Engineer, the on -site construction
superintendent and the APCD shall enforce all dust control
measures. The on -site construction superintendent shall
have a copy of the dust control measures on -site at all
times
14. Mitigation: All earth material being moved shall be
securely covered.
Reportingand Monitorine: During the construction phase of
the project, the City Engineer, the on -site construction
superintendent and the APCD shall enforce all dust control
measures. The on -site construction superintendent shall
have a copy of the Ventura County APCD dust control
measuics on -site at all times.
15. Mtti�-ation: Can -Site vehicular traffic shall be limited to no
more than 15 mph.
&porting. mid tilonitorine: The City Engineer and the on-
site construction superintendent shall enforce the on -site
vehicle speed of construction- related vehicles at all times
during the construction phase.
16. All projc t ten;iws with greater than 50 employees will be
rC(v:ire,'. to comply «•ith APCD Rule 210, the District's trip
reel laic ; me.i,,ure '11w, mile requires that the employer
75
Cdevelop and implement a trip reduction plan containing
_strategies to reduce the number-of solo drivers commuting to_
the worksite. The target is to meet a specific average
vehicle ridership (AVR) of 1.35. This will be increased to
1.5 after 1997. Such a plan can reduce total project -
generated emissions by approximately eight percent.
Increased AVR may be achieved by, but is not limited to,
the following trip reduction measures:
- Direct financial incentives for employees who carpool,
vanpool, buspool, or use public facilities.
- Use of fleet vehicles for ridesharing purposes or by
ridesharing employees for personal errands.
- Pay parking for drive alone commuters and, full or
partial subsidization of parking for ridesharing
employees.
'referential parking for ridesharing vehicles.
- Facility improvements which provide preferential
Caccess and /or egress for ridesharing vehicles.
- Personal rideshare matching and /or active use of
computerized rideshare matching service such as
Ccrnmuter. Computer.
- A ,,uarantecd -ride -home program for ridesharing
em-,11ovees in emergency situations.
- An on -site day care facility.
- Fa(dity improvements to encourage bicycling and
walking (showers; bicycle racks or lockers, etc.).
- fle \ible work -,chedules for transit users, bicyclists, and
pvccstnanti.
Co; )pressttid work weeks such as 4/40 or a 9/80 or a 3/36
wo- k sclickiulo where employees report to work fewer
clay, duiini, a two week period, but for longer work
,,III! thin cinhlotices %" ho .%ork fi.e 8 -hour days per
- TkA, ,unmutin:; (i e., working; at home) one or more days
rcr oc k
2 ;
W.-
In order to comply with APCD Rule 210, the tenant must
notify-the-Transportation Program Administrator at APCD, ___ _ _
by mail, that the firm is to begin operation, prior to zoning
clearance approval. After occupancy of the building, the
APCD will contact the tenant and work with them to
complete and implement their plan.
Reporting and Monitoring., Prior to issuance of occupancy,
the applicant shall submit a Transportation Management
Plan (TMP) to the Community Development Department
The TMP shall include only those employers on -site with
50 or more employees. This TMP shall be approved by the
City Engineer and Director of Community Development
prior to issuance of occupancy of the main anchor tenants.
This I'MP shall be updated annually and submitted for
review and approval to the Community Development
Department. The shopping center property management
company may act as the on -site T11,1P coordinator for the
large tenants.
17. Applicant to prepare CC &Rs that would require future
owners /tenants of each lot, who employ twenty or more
full -time employees, to do the following:
• provide preferential parking for carpooling groups
%, :h the location approved by the City's Director of
G-mmunity Development.
• evroll in the County's Commuter Computer program
w itch provides computerized rideshare matching
sel Vices.
IZ_,zp line and llonitorillg; Prior to issuance of occupancy,
the applicant shall submit a Transportation Management
Plan H N11') to thr Community Development Department.
This "I Ntl' shall be approved by the City Engineer and
Director of Coniniunity Development prior to issuance of
occula .cy of the main anchor tenants. This TNII' shall
y
77
include the above require for tenants with 20 or more
employees-and be_ updated annually-and submitted for—._
review and approval to the Community Development
Department.
18. A representative of the Air Pollution Control District will
conduct an annual air quality education program on site to
alert employees to any new developments in air quality
information. This measure shall be coordinated through
the APCD.
Reporting and Monitor The shopping center property
management company shall be responsible for enforcement
of the TMP and on going educational updates for tenants.
19. Mitigation: Provide On -site Transit Facilities - The
applicant shall provide the following on the project site:
covered and lighted bus stops; bus turnouts; and safe
pedestrian walkways between structures and bus stops.
Reporting and Monitoring; Prior to zoning clearance, the
applicant shall submit a Plan showing the design and
locations of covered and lighted bus stops, bus turnouts, and
safe pedestrian walkways between structures and bus stops,
if deemed applicable by the City Engineer. This
information may be included on the Fianl Site Plan, if
possible. This plan shall be approved by the Director of
Contnrunity Development and the City Engineer prior to
zonint; clearance approval.
20. B.mkim;_Services - Bank - related services
(Amu ) I cllci Machine, Direct Deposit, Check Cashing, etc.)
ca i hr ;,ro•.'iJyd oo -trite in order to reduce traffic trips.
2 Il)
Reporting and Monitoring: Prior to occupancy approval for
P
the market, an Automated Teller Machine must be
installed inside the facility. This mitigation measure will
be enforced by the Community Development Department.
21. Prior to occupancy, Ventura County APCD to review all uses
to ensure compliance with the California Health and
Safety Code (Section 44300 et seq.) regarding the use,
storage, and disposition of hazardous materials. City to
withhold the final certificates of occupancy until
compliance with these provisions from the Ventura County
APCD is provided.
Reporting and Monitori= Prior to issuance of occupancy,
the APCD, shall approve all uses to ensure compliance
with the California Health and Safety Code (Section
44300 et seq.) regarding the use, storage, and disposition of
hazardous materials.
22. Mitigation: Off -site Vehicular Traffic Circulation
Improvements - The applicant should contribute funds
toward the improvement of local vehicular traffic
circulation improvements. Such improvements could
include improved signal sychronization and /or widening of
intersections /roadways. This measure is proposed in order
to improve the flew of traffic in the City which would
reduce, ongestion and the emission of air pollutants.
Reporting and Monitoring: Prior to issuance of occupancy for
any tenants, the applicant shall contribute "Area of
Contribution" funds as directed by the City Engineer.
23. Contril,a:te to an off -site Transportation Demand
Management ('1'D11) faand. The applicant shall make a
contrite ition of $568,467.24 to the City's 'Traffic
'�tan.a ?;c r.i nt `�� ytrni
Fund.
1
�q.
•.. , .. ,.
MUMS
C NOISE MITIGATION MEASURES
SHORTTERM 24. Mitigation: Grading and construction activities shall be
limited to between the hours of 7.00 a.m. to 7:00 p.m. on
weekdays, between 9:00 am and 7:00 pm on Saturdays and
shall exclude Sundays.
Reporting and Monitoring: During the construction phase of
the project, the City Engineer and the on -site construction
superintendent shall enforce this mitigation measure at all
times.
25. Mitigation: During site preparation and construction,
construction equipment shall be fitted with modern sound-
reduction equipment.
&i? uld Nt111it4III1g;, During the construction phase of
the project, the City Engineer and the on -site construction
superintendent shill enforce this mitigation measure at all
times.
W Al
RUP
26. Provide staging areas on -site to minimize off -site
_ transportation_ of heavy construction equipment. Locate _
these areas to maximize the distance between activity and
existing residential areas.
Reporting and Monitoring, During the construction phase of
the project, the City Engineer and the on -site construction
superintendent shall enforce this mitigation measure at all
times.
27. Designate and follow truck /equipment routes that travel
through a minimum number of residential areas, as
approved by the City Engineer.
)sporting and Monitoring During the construction phase of
the project, the City Engineer and the on -site construction
superintendent shall enforce this mitigation measure at all
times.
LONG TERM No mitigation measures are known that would reduce the off -
site impact magnitude of noise associated with project -
generated traffic. However, the following measures are
pro,.ided that would reduce specific noise events.
28. Mitigation: The noise wall adjacent to Shop Numbers 1 and
2 and Retail "A" shall be a minimum height of eight feet.
Re orting and yionitoring Prior to construction of Shop
Nos. 1 and 2 and Retail "A "(as shown on the site plan), the
adjacent noise wall shall be constructed to a minimum
height of 8 feet. "I lie City Engineer shall verif}, this prior
to construction of this portion of the retail commercial
center.
29. Mi!if mi_m- Noise attenu;ition walls to a height of ten feet
�h.�ll Ix nc.�tril ar unci all lo,�clin, area~.
I
_
Reporting and Monitoring: The Community Development
Department will ensure that this condition has been
complied with prior to approval of occupancy for any
business with a loading area.
30. Mitie-ation: Vehicle speed limits of 25 mph shall be posted
along Liberty Bell and Lassen Avenue.
Reporting and Monitorl= Prior to issuance of occupancy
for any tenants, these signs shall be posted to the
satisfaction of the City Engineer, with all costs incurred by
the applicant. Enforcement of the posted speed limit shall
be the responsibility of the Moorpark Police Department.
31. Nlitigation: Use of parking lot vacuums and landscape
maintenance equipment shall be limited to the hours of 8
a.m. and 7 p.m. weekdays.
Reporting and Monitoring: Enforcement of this mitigation
measure shall be the responsibility of the shopping center
property management company and the City Code
Enforcement Officers.
32. Mitigation: Construction activities shall be limited to
between the hours of 7:00 a.m. to 7:00 p.m. on weekdays,
between 9:00 am ,and. 7:00 pm on Saturdays and shall
exclude tiundays.
Reporting nd ~Monitoring: During the construction phase of
the project, the City Engineer and the on -site construction
superintendent shall enforce this mitigation measure at all
timrs.
'.1
Wo
Re parting and Mooring, During the construction phase of
the project, the City Engineer and the on -site construction
superintendent shall enforce this mitigation measure at all
times.
D. FIRE PROTECTION MITIGATION MEASURES
NONE
E. POLICE PROTECTION MITIGATION MEASURES
33. Mitigation: A licensed security guard is required during the
construction phase, or a 6-foot high chain fence shall be
erected around the construction site.
Reporting and Monitori_nw. Prior to beginning of construction,
the City Engineer shall ensure this mitigation measure is
completed. This mitigation measure shall be placed in the
General Notes of the Final Construction Plans.
34. Mitilation: Construction equipment, tools, etc., shall be
properly secured (luring non - working hours.
Repo__ rting and Monitoring: During the construction phase of
the project, the City Engineer and the on -site construction
superintendent shall: enforce this mitigation measure at all
}Mlles
35. htJt�.ation: All appliances (microwave ovens,
d� hw.,tihrrs, tro,,h compactors, etc.) shall be properly
sccure,i prior to installation during non - working; hours. All
A rill imborti ,I)Al lx rocordcd for iLientificalion purposes.
';
-33
Reporting and Monitoring; During the construction phase of
the project city inspectors and the on -site construction =_-
superintendent shall enforce this mitigation measure during
construction.
36. Mitigation-. Lighting devices shall be high enough as to
prohibit anyone on the ground from tampering with them.
All parking areas shall be provided with a lighting system
capable of illuminating the parking surface with a
minimum maintained 1 -foot candle of light and shall be
designed to minimize the spillage of light onto adjacent
properties. All exterior lighting devices shall be protected
by weather and breakage - resistant covers.
Deporting and Monitorine: Prior to zoning clearance, a
Lighting Plan shall be submitted with the Final
Construction Drawings and approved by the Director of
Community Development. The Lighting Plan shall be
prepared by an electrical engineer licensed to work in the
state of California.
37. Mitigation: Landscaping shall not obstruct any exterior
door or window.
Reporting and '.Monitoring: Prior to zoning clearance, the
applicant shall submit a Landscape and Irrigation Plan for
review and approval by the Community Development
Department. The Landscape and Irrigation Plan should
note this concern in the General Notes and consider this
when determining the plant selection.
38. Miti -fit on: Land aping is to be maintained at a height
whk�rr Will have full view of the area «•ith no
ob-true ill,.
?-
I
M119
Repor i g and Monitoring: Prior to zoning clearance, the
applicant shall submit a Landscape and Irrigation Plan for
review and approval by the Community Development
Department. The Landscape and Irrigation Plan should
note this concern in the General Notes and consider this
%vhen determining the plant selection.
39. 'Mitigation: Landscaping at entrances /exits or at any
intersection within the parking lot shall not block or screen
views of a seated driver from another moving vehicle or
pedestrian.
Reporting and Monitoring: Prior to zoning clearance, the
applicant shall submit a Landscape and Irrigation Plan for
review and approval by the Community Development
Department. The Landscape and Irrigation Plan should
note this concern in the General Notes and consider this
when determining the plant selection.
40. Aiitigation: Landscaping (trees) shall not be placed
directly under any overhead lighting which could cause a
loss of light at ground level.
Reporting, and Monitoringo Prior to zoning clearance, the
applicant shall submit a Landscape and Irrigation Plan for
revieH and approval by the Community Development
Department. The Landscape and Irrigation Plan should
note this concern in the General Notes and consider this
when determining the plant selection.
41. 'V1it, ,jtion: Addresses shall be clearly visible to
appro,„ hint; e111(1,;Vncy vehicles and mounted against a
CUI)tra' mg C.)Ior.
Ls1��L't1,uldf�lntlitor tt Prior to zoning clearance, a Sign
Plan sh.!:l he submitted with the final Construction Plans.
2 -
Y.s
The Sign Plan shall include a detail of the proposed style
of aJdressing._ Prior. to issuance. of occupancy, the- size, — _
location and appearance of all addresses shall be
approved by the City Building Official, the Police
Department and the Fire Department'.
42. Mitigation: Address numbers shall be a minimum of six
inches in height and illuminated during the hours of
darkness.
Reporting 'ng and Monitoring; Prior to zoning clearance, a Sign
Plan shall be submitted with the Final Construction Plans.
The Sign Plan shall include a detail of the proposed style
of addressing. Prior to issuance of occupancy, the size,
location and appearance of all addresses shall be
approved by the City Building Official, the Police
Department and the Fire Department.
43. Mitigation: All exterior doors shall be constructed of solid
wood core a minimum of 1 and 3/4 inches thick or of metal
construction. Front glass door(s) commonly used for entry are
acceptable but should be visible to the street.
Rgvorting and Monitoring,;, Prior to issuance of occupancy,
these improvements shall be approved by the City
Building Official, the Police Department and the Fire
Department.
44. Miti as ton. Doors utilizing a cylinder lock shall have a
mimmunn five pin thjmbler operation with the locking bar or
bol! cxtt nding into the receiving guide a minimum of one
inch
FZgp >rti g and Monitoring, Prior to issuance of occupancy,
tlie�e improvements shall be approved by the City
Buililin); Official, the Police Department and the Fire
Department.
: -i,
45. Mitigation: There shall not be any.easy exterior access to
the roof area, i.e., ladders, trees, high walls, etc.
Reporting, and .1 nitnrine_ Prior to issuance of occupancy,
these concerns shall be addressed by the City Building
Official, the Police Department and the Fire Department.
46. Mitigation: Upon occupancy by the owner or proprietor,
each single unit in a tract or commercial development
constructed under the same general plan, shall have locks
using combinations which are interchange free from locks
used in all other separate dwellings, proprietorships, or
similar distinct occupancies.
Reporting and -Nlonitori= Prior to issuance of occupancy,
these improvements shall be approved by the City
Building Official, the Police Department and the Fire
Department.
F. PARKS AND RECREATION MITIGATION MEASURES
47. t ljgt ;.3tion Prior to the issuance of building permits, the
developer shall pay the City's park impact fee for the
probe(' as k•alcul'ited below:
2(,;,940 square feet x $0.25 per square foot of commercial
u • = $4,,488 � 00.
Report n ; and Nfonitojj= Prior to issuance of occupancy, this
fee shall t,e deposited with the City of Moorpark and
docw. .ent. J by the Cc mnrunity Development Department.
G. WATER PROVISION'S MI 'l ;G: %VION MEASURES
NONE'
J
T�
H. SANITARY SEWERS MITIGATION MEASURES
48. Mitigation: The project applicant shall be required to fund
all sewer infrastructure improvements necessary to
accommodate the proposed project demand.
Reporting and Monitoring-Prior to zoning clearance, the
applicant shall submit for review and approval public
improvement plans and Final Construction Plans for review
and approval by the City Engineer. Prior to acceptance of
public improvements and bond exoneration, the applicant
shall contribute funds as directed by the City Engineer
andlor construct all public improvements as shown on the
improvement plans to the satisfaction of the City Engineer.
49. 110itigation: The applicant shall be required to comply
with all pertinent County of Ventura Public Works
Department connection regulations. These mitigation
\. measures shall lx• implemented by the County of Ventura
P iblic Works Department (Waterworks District No. 1).
Reporting and Monitoring: Prior to zoning clearance, the
applicant shall submit for review and approval public
improvement plans and Final Construction Plans for review
and approval by the City Engineer. Prior to acceptance of
public improvements and bond exoneration, the applicant
shall construct all public improvements as shown on the
improvement plans to the satisfaction of the City Engineer
and t1w County of Ventura Public Works Department
(I'aterworks district No. 1).
50. klitk;; i- on: In accordance with the Ventura County
W,.tcrt- �rks District No. 1 adopted Water Conservation
Iiu: y, it) burldrn, ;s sh.rll include ultra low water use
hlunihii ; fr \tu:c>.
2 -. )
nd
t!
Reporting and Monitoring: Prior to zoning clearance, the
applicant shall submit for review and approval public ....
improvement plans and Final Construction Plans for review
and approval by the City Engineer. A note shall appear on
the plans verifying compliance with adopted Water
Conservation Rules.
L STORM DRAINAGE MITIGATION MEASURES
51. Mitigation: On -site detention basins should be incorporated
into the proposed site plan.
Reporting; and Monitoring: Prior to zoning clearance, the
applicant shall submit grading and drainage plans (which
include provisions for on -site detention basins in the parking lot
landscaped areas) for approval by the City Engineer . Prior to
acceptance of public improvements and bond exoneration, the
applicant shall construct all public improvements as shown on
the improvement plans to the satisfaction of the City Engineer
and the City's Landscape Architect. Any on -site detention
areas within proposed landscaped areas shall be shown on the
required ;andscape and irrigation plan.
J. SOLID WASTE MITIGATION MEASURES
52. Mitigation: To encourage future residents and tenants of the
proposed project to contribute materials for recycling, design
consiocrahons shall be included in each development
cumh,,nent that would provide adequate space and
1..c ili• s for tho storage and transfer of recyclable
�LC,Or;1I:C�1I1(1 �1S2u11(2I111:,: Prior to zoning clearance, the
applir.unt shall submit to the Community Development
D par•:nent for rcvicw in(] approval Final Constniction
�c
Plans which include adequate location and space within
the retail-center for tenants to store and- transfer recyclable_
materials.
53. Mitigation: A waste reduction and recycling plan shall be
submitted to and approved by the City of Moorpark
Community Development Department, prior to occupancy of
the main tenant buildings. The plan shall include a
designated building manager, who shall be responsible for
initiating on -site waste materials recycling programs. This
shall include the acquiring of storage bins for the
separation of recyclable materials and coordination and
maintenance of a curbside pick -up schedule.
Reporting and Monitoring_, Prior to occupancy by the main
anchor tenants, the applicant shall submit to the
Community Development Department for review and
approval, a waste reduction and recycling plan which
implements the intent of AB -939 (The California
Integrated Waste Management Act of 1989).
54. Mitigation: The developer shall require (in the construction
specification and bid package) insulation and other
budding materials made of recycled materials, to the
extant possible, to increase the demand for (arid value of)
recYclarte".
RSporting and Monitorine: Prior to issuance of building
permit, the applicant shall submit to the Building and
Safety Department for review and approval Final
Construction Plans which include insulation and other
building; taterials made of recycled materials, to the
ettcnt passible, to increase the demand for (and value of)
recti slab es.
55. Mitigation: The developer shall design and construct
_- enclosed trash collection areas that are large enough to
accommodate trash separation bins for recyclables in
addition to those for non - recyclables. The site plan shall
depict these areas, which will be approved by the
Community Development Department, prior to zoning
clearance.
Reporting and MonitorLne: Prior to zoning clearance, the
applicant shall submit to the Community Development
Department for review and approval Final Construction
Plans which include adequate location and space within
the retail center for tenants to store and transfer recyclable
materials.
56. Mitigation: The City's Building Official will verify that
trash compactors are installed for non - recyclables,
.�O' wherever feasible on the project site.
Reporting and Monitoring: Prior to issuance of occupancy,
the Building and Safety Department shall verify this
measure.
K. VISUAL RESOURCES /LIGIiT AND GLAREJARCHITECTURAL
MITIGATION MEASURES
57. Mititi;ation: A landscape and irrigation plan shall be
submitted to and approved by the Community Development
I'CJNITtnWnt, prier to Zone Clearance, that ensures that a
si:ii o, :it amount of tall growing trees and /or shrubs along
tl.r w, tern �,oc 1xoundary (abutting, the wall) to minimize
t! r }gl :rc imp,u(, and the Ices of privacy of the nearby
uni! , nci?;hborhood.
. 9,/
Reporting and Mo itori= Prior to zoning clearance, the
apvlicant shall submit a landscape and irrigation plan for
approval by the Community Development Department and
the City's Landscape Architect. The Landscape and
Irrigation Plan shall include tall growing trees along the
western property boundary.
58. Mitigation: No illuminated building mounted signs shall
be permitted on any building facade facing towards a
residential neighborhood.
Reporting and Mo ito '= Prior to zoning clearance, a Sign
Program shall be submitted with the Final Construction
Plans and approved by the Director of Community
Development. Illuminated building signs shall be
restricted as identified above.
59. Mitigation: All parking lot pole lights and street lights
shall be fully hooded and back shielded to reduce the light
"spillage" and glare. An outdoor lighting plan shall be
submitted for review and approval by the Community
Development Department, prior to Zone Clearance.
Reporting and 'Monitoring: Prior to zoning clearance, a
Lighting flan shall be submitted with the Final
Construction I'lans and approved by the City Engineer, City
Building Official and Director of Community Development.
The Lighting Ilan shall be prepared by an electrical
engineer licensed to work in the state of California.
60. Mihjj ,itnnn frees .ind shrubs planted along the western site
perinu -:•-r hall lx� a minimum 24 inch box size in order to
pr01id! i ,zct•nim; effect in a short time period.
Isl vilt; ,ul�i AonAa ". Prior to zoning clearance, the
applicant shill tiu&mit a landscape uid irrigation plan for
2 '1
9z..
approval by the Community Development Department.
_The Landscape and Irrigation Plan shall include trees and
shrubs in minimum 24" box sizes along the western site
perimeter.
61. Mitigation: Colors and materials of the proposed building
shall be compatible with the surrounding area, as
approved by the Community Development Department.
Reporting a_nd -Mo itori= Prior to zoning clearance, a
Building Color Chart shall be submitted with the Final
Construction Plans. This Color Chart shall be approved by
the Director of Community Development and incorporated
into the private Conditions, Covenants and Restrictions
(CC &It's) for the project. Any proposed color change shall
reviewed by the Director of Community Development.
10, 62. Mitigation: Tinted windows shall be installed to minimize
the emittance of light and glare from interior sources.
ReRorting and Monitoring; Prior to zoning clearance, the
applicant shall submit Final Construction Plans which
include a sample window detail noting the requirement for
tinted windows. This shall be approved by the Director of
Community Development and incorporated into the private
Conditions, Covenants and Restrictions (CC &R's) for the
project Any proposed change shall reviewed by the
Director of Community Development.
63. �1iti; ��_ic�n: Prior to approval of a zoning clearance, the
al phr nt sh.tll h.ive a tree report prepared consistent
with C :y code rc,t•tirements to be submitted for review and
lippi m :I h% the Community Development Department.
1..1111IG, ,hA1 be provided for the commercial
&C C101•:1Cnt whi. h is ec111iv,11ent to the value (If the 310
tClt .gill tK n•nun• 'f-
Reporting and Monito_d= Prior to zoning clearance, the
_- applicant: shall submit a tree report and a landscape and
irrigation plan for approval by the Community
Development Department and City's Landscape Architect.
The tree report shall indicate the total value of all trees to
be removed.
L. TRAFFICICIRCULATION MITIGATION MEASURES
Refer to the Conditions of Approval # 80-99 of Exhibit
"A" for the major modification # 1 to CPD 89 -1, 89 -2 for
traffic /circulation mitigation measures
Reporting and Nlonitori= Prior to zoning clearance, the
applicant shall submit public improvement plans for
review and approval by the City Engineer and Caltrans.
M. POPULATIONIHOUSING ;MITIGATION MEASURES
NONE
N. HEALTH HAZARDS MITIGATION MEASURES
NONE
2 :6
9y
MITIGATION MONITORING INDEX TABLE
MISSION BELL PLAZA - Major Modification #1 to CPD 89 -1, 89 -2
September 18, 1991
MITIGATION
IMPLEMENTATION
ENFORCEMENT
MONITORING
FEE
MEASURES
AGENCY
PHASE
REQUIRED
1
Applicant
City Engineer
A
No
2
Applicant
City Engineer
A
No
3
Applicant
City Engineer
C
No
4
Applicant
City Eng, CDD
A,C
No
5
Applicant
CE,Insp,APCD
C
No
6
Applicant
CE,Insp,APCD
C
No
7
Applicant
CE,Insp.APCD
C
No
8
Applicant
CE, Insp,APCD
C
No
9
Applicant
CE, Insp,APCD
C
No
10
Applicant
CE, Insp,AI'CD
C
No
i 11
Applicant
Citv Engineer
C
No
12
Applicant
Citv Enl;mccr
C
No
13
Applicant
CE, Insp, AI'CD
C
No
14
Applicant
CE, hisp. APCD
C
No
15
Applicant
CE, Ins[- AI'CD
C
No
16
Applicant
CDI), A,'�—I>
B
No
17
Applicant
CDD, APCD
B
No
18
Applicant
Prop. N1,mawr
D
No
19
Applicant
CE, ('DI
A
No
20
Applicant
CDC
A
No
21
Applicant
CDD, APCD
B
No
22
Applicant
CE, CF) I
C
YES
23
Applicant
CI', ('l)l
C
YES
24
Applicant
CI_, In-p \PCl)
C
No
25
Applicant
C1:, Ir"p, %I'CD
C
No
26
Applicant
CI', 11i"n, IV 1)
C
No
27
Applicant
CE, ln�p, ',PC1)
C
No
23
Applicart
CI_, 1wf), 11'( 1)
C
No
29
Applic•,rnt
C.(,11 -p,
No
• MITIGATION
IMPLEMENTATION ENFORCEMENT
MONITORING
FEE
MEASURES
: -.- AGENCY _
__PHASE. . _ -
.REQUIRED - -- — - -
_ —-
30
Applicant
CE, City Insp.
B
No
31
Applicant
Prop. Manager
D
No
32
Applicant
CE, City Insp.
C
No
33
Applicant
CE, Insp.
C
No
34
Applicant
CE, Insp
C
No
35
Applicant
CE, Insp.
C
No
36
Applicant
CE, Insp.
A,B
No
37
Applicant
CE, Insp.
A, B
No
38
Applicant
CE, Insp.
A, B
No
39
Applicant
CE, Insp.
A,B
No
40
Applicant
CE, Insp.
A, B
No
41
Applicant
CE, Irish.
A, B
No
42
Applicant
CE, Insp
&B
No
43
Applicant
CE, Insp
A, B
No
44
Applicant
CE, Insp.
A, B
No
45
Applicant
CE, Insp
A, B
No
46
Applicant
CE, Insp.
A, B
No
47
Applicant
CDD
C
YES
48
Applicant
CE, CDD
A,C
YES
49
Applicant
CE, 31d}, Insp
A,B,C
No
50
Applicant
CE, Insp
A,B,C
No
51
Applicant
CE, Insp
A,B,C
No
52
Applicant
CE, Insp
A,B,C
No
53
Applicant
CDJ
A,B
No
54
Applicant
CE, Insp
A,B,C
No
55
Applicant
CE, C'DI?, Insp.
A,B
No
56
Applicant
Inslx,cto,
B
No
57
Applicant
CDI?
A
No
o
58
Applicant
CI)I;
A
No
59
Applicant
CE, (IN), Intl ,.
I
A,13
No
60
Applicant
CDD' Insp.
A,B
No
61
Applicant
CDI ), In,p
A,B
No
62
Applicant
CDD, Iw p
A,13
No
?8
MITIGATION
IMPLEMENTATION
ENFORCEMENT
MONITORING
-- - MEASURES _ --
. -- _ -.- - . - -
— AGENCY —.
- - - - -- PHASE _
63
Applicant
CDD, Insp.
A
Traffic
Applicant
CE,CDI), Caltrans
A,B,C
A = Prior to Zoning Clearance
B = Prior to Occupancy
C = During Construction Phase
D = Post - Occupancy
U
9�
FEE
REQUIRED _.
No
No
,�,7
0
SECTION 3.0
ERRATA
In response to the Draft Supplemental EIR, comments were received from the City staff. These
comments did not significantly affect the conclusions of the Supplemental EIR but are incorporated for
review by City decision - makers and document completeness.
"Note: Wording in italics represents original language to be changed, wording in bold and underline
represents new language.
1. Page 6-78 - Third paragraph, first sentence
MITIGATION MEASURES The following measures are recommended by the consulting
traffic engineer to mitigate project- specific traffic and
circulation impacts to four five of the six significantly
impacted intersections listed above.
2. Page 6-82 - First paragraph, first sentence:
UNAVOIDABLE
ADVERSE IMPACTS Even with the recommended mitigation measures, this project
would result in traffic congestion at two D= intersection that
would exceed the City's threshold of significance in 1995, and
would contribute to cumulative traffic that would significantly
affect six Ideal intersections.
3. Any reference within the draft EIR as to the total building area square footage of the project
shall be 265,940 square feet, = 265,640 square feet.