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HomeMy WebLinkAboutAGENDA REPORT 1988 0323 CC ADJ ITEM 11DJOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tern CLINT HARPER, Ph.D. Councilmember JOHN GALLOWAY Councilmember BERNARDO M.PEREZ Councilmember MAUREEN W. WALL City Clerk MOORPARK M E M O R A N D U M ITEM . STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: March 18, 1988 (CC meeting of 3/23/88) SUBJECT: PLANNED DEVELOPMENT PERMIT NO. 1064 (TOPA MANAGEMENT PARTNERSHIP) CONDITION COMPLIANCE - REVIEW OF FINAL DESIGN The site plan and elevations that were provided to you at the March 16, 1988 Council meeting should be retained for your review. They are the material referenced in the staff report which will appear again on the March 23, 1988 agenda. PJR:MAR:crl 799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529 -6864 PD1064K /PCAGENDA JOHN GALLOWAY Mayor ELOISE BROWN Mayor Pro Tern CLINT HARPER, Ph.D. Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk THOMAS P. GENOVESE City Treasurer MOORPARK M E M O R A N D U M ITEM STEVEN KUE:NY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development W 1 A$ DATE: March 10, 1988 (CC meeting of 3/,24/88) SUBJECT: PLANNED DEVELOPMENT PERMIT NO. 1064 (TOPA MANAGEMENT PARTNERSHIP) CONDITION COMPLIANCE REVIEW OF FINAL DESIGN Back round The City Council at their meeting of January 6, 1988 approved Planned Development No. 1064 to construct a two story retail /office building (34,323 sq.ft.) and a free - standing pad (2,520 sq.ft.) at the southwest corner of Los Angeles Avneue and Spring Road. As a condition of approval (see Resolution No. 443, Page 17 City Council condition a.) the applicant was to submit more detailed site plans and elevations to the Planning Commission for recommendation and final approval by the Council. The site plan and elevations were approved in concept only by the City Council Discussion The latest site plan and elevations have changed since the City Council's last review. The changes are as follows: The free - standing restaurant pad has been eliminated, and two restaurants are indicated as being part of the retail /office building, whereas none were shown in the second version. A total of 5,550 sq.-ft. of restaurant space is now proposed. PJR:crl 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 PD1064J /PCAGENDA March 10, 1988 Page 2 2. The next most significant change is that the Los Angeles Avenue setback has been reduced from 156 ft. to 90 ft. (The Spring Road setback remains at 70 ft.) The reason for the change in the front setback is that two double loaded bays of parking were in the front setback for the second version, and now only one double loaded parking bay is in the front setback. The rear setback now has two double loaded bays whereas in the second version it had only one. Staff cannot support the reduced front setback and feels that a two story building 90 ft. from Los Angeles Avenue is the least attractive of the three versions reviewed to date. 3. The configuration of the site plan has returned to an L -shape although it is reversed from the first version. (A restaurant is shown at either end of the "L ") . 4. The height remains at 26 ft. as in the second version. The amount of floor area has been reduced from 34,323 sq.ft. to 30,040 sq.ft. 5. Restaurant seating has fluctuated from 60 seats in the first version then reduced to 51 seats in the second version to 95 seats proposed now in the third version. (The amount of parking proposed would allow up to 105 seats in the third version. ) The Planning Commission at their March 7, 1988 meeting reviewed the latest site plan and elevations proposed by Topa Management Partnership. The Commission also reviewed the colors and materials proposed. The Commission, on a 5:0 vote, recommends the approval of the latest site plan and elevations by the applicant with the following exceptions. 1. The south and west elevations needed additional elevation features so that it would become more user friendly as it faced future developments to the south. 2. The site could use a few more trees. Staff would recommend that the following details be considered prior to any final approval as follows: 1. The vinyl fabric awning - staff would suggest that only canvas or treated canvas be used throughout the building. The vinyl has a very ridged appearance. Also, the awnings might consider a scalloped or hanging edge it would help eliminate the sharp cut -off features shown. PJR:crl PD1064J /PCAGENDA. March 10, 1988 Page 3 2. Stucco molding and pop out features other than the roof line - there appears to be very little use of raised stucco moldings. These can be used around windows and doors and also can help set off the difference in stucco colors. 3. First floor store fronts - as shown, they are very typical glass and metal framed sections. This long extent of large glass frames is not in keeping with the overall theme of Spanish Mediterranean. Suggestion would be the use of smaller windows, plant -on's and heavy mullions. 4. Second story small paned windows. The elevations only show some windows having small paned windows. All the second story windows should be small pane. Recommended Action Approve the revised site plan and elevations proposed by the applicant with modifications as proposed by the Planning Commission and staff. Attachment: Planning Commission staff report dated March 3, 1988 ORNIA c.y ., •••i • ii .. , • B 2 c Ato 1 i i PJR:crl PD1064J /PCAGENDA MOORPARK ITEM 9.,9 ___ JOHN GALLOWAY STEVEN KUENY Mayor City Manager ELOISE BROWN ` CHERYL J. KANE OPOPP" Mayor Pro Tern Fo y City Attorney CLINT HARPER, Ph.D. • PATRICK RICHARDS, A.I.C.P. Councilmember 0 Director of JOHN PATRICK LANE Community Development Councilmember °oq : R. DENNIS DELZEIT MAUREEN W. WALL °q., �� " City Engineer City Clerk ED ' JOHN V. GILLESPIE THOMAS P. GENOVESE Chief of Police City Treasurer TO: FROM: DATE: SUBJECT: M E M O R A N D U M The Planning Commission Patrick J. Richards, Director of Community DevOlopment 11 Y41W A March 3, 1988 (PC meeting of 3/7/88) PLANNED DEVELOPMENT PERMIT NO. 1064 (TOPA MANAGEMENT PARTNERSHIP) CONDITION COMPLIANtt - OVIFEW OF FINAL DESIGN Background On August 17, 1987, the Planning Commission held a public hearing on the above item (as well as an accompanying zone change from TPD (Trailer Park Development) to CPD (Commercial Planned Development). The request was to construct a 27,594 sq.ft. single story (18 ft. high) shopping center on a 2.23 acre site. At its next regular meeting of September 8, 1987, the Commission adopted �wv cauiu��viis i-econmending denial for each cf the two requested entitlements. The denials were based on the feeling that the intent of the General Plan was for an office use at that corner and that both of the requested entitlements did not meet that intent. At its meeting of December 16, 1987 and January 6, 1988, the City Council held a public hearing on these items. The Council eventually approved a project substantially different from what the Commission had received. The Council agreed that the project as originally proposed (a single story, L- shaped configuration with 24,488 sq.ft. in two main buildings, and a free - standing pad at the northeast corner consisting of 3,106 sq.ft.) was not the best project for that corner and gave direction to the applicant that caused a complete redesign. (For clarity in this staff report, the evolution of this project will be referred to as the first, second, and third versions. The PJR:MAR:crl 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 nr 1nOAl /nf- Ai- CAI r%A March 3, 1988 Page 2 first is what the Commission reviewed, the second is the version that the Council requested, and the third is the most recent, and what is the subject of this report.) The second version was presented to the Council at its January 6, 1988 meeting. The new project consisted of 34,323 sq.ft. in a two story (26 ft. high) configuration with the top floor intended for office use. The new design had more of a linear appearance to it, rather than an L- shape. It was pulled well away from the property lines so that either a 25 ft. wide driveway, or parking surrounded the building. Also, future access to adjacent parcels could occur at as many as four locations. A free - standing pad of 2,520 sq.ft. (part of the 34,323 sq.ft.) intended for use by a fast food restaurant with a drive through, was located toward the northwest corner of the site. The setbacks were 156 ft. from Los Angeles Avenue and 70 ft. from Spring Road. A 30 ft. setback was shown for the south and west sides of the property. Since no elevations were presented to the Council for the fast food restaurant, that area of the site was conditioned to required approval of a major modification. As part of the review process the Council expressed an interest to have the Planning Commission review the final details of the second version since the project changed substantially from what was originally presented to the Commission (as the first version). In the Council Resolution No. 88 -443 (see City Council Condition No. a.) the Planning Commission and the Council are to review the final elevations, landscape plans, and parking area. The parking area is specifically conditioned to provide some use of stamped concrete to add variety. Discussion The final details have now been selected by the applicant and are now being presented to the Planning Commission for its review. However, at this point significant changes have occurred to the project as follows (which is now the third version) : 1. The free - standing restaurant pad has been eliminated, and two restaurants are indicated as being part of the retail /office building, whereas none were shown in the second version. A total of 5,550 sq.ft. of restaurant space is now proposed. (In the first version reviewed by the Commission 4,710 sq.ft. of restaurant space was proposed). 2. The next most significant change is that the Los Angeles Avenue setback has been reduced from 156 ft. to 90 ft. (The Spring Road setback remains at 70 ft.) The reason for the change in the front setback is that two double loaded bays of parking were in the front setback for the second version, and now only one double loaded parking bay is in the front setback. The rear setback now has two double loaded bays whereas in the second version it had PJR:MAR:crl Uf11f19d1 /PrAr:FNnA March 3, 1988 Page 3 only one. Staff cannot support the reduced front setback and feels that a two story building 90 ft. from Los Angeles Avenue is the least attractive of the three versions reviewed to date. 3. The configuration of the site plan has returned to an L -shape although it is reversed from the first version. (A restaurant is shown at either end of the "L ") . 4. The height remains at 26 ft. as in the second version. The amount of floor area has been reduced from 34,323 sq.ft. to 30,040 sq.ft. 5. Restaurant seating has fluctuated from 60 seats in the first version then reduced to 51 seats in the second version to 95 seats proposed now in the third version. (The amount of parking proposed would allow up to 105 seats in the third version. ) 6. Since the Commission first reviewed the project the architectural style has changed as well. Originally, the Commission reviewed elevations with a town and country style. This has now been revised in a Spanish Mediterranean style. The site plan appears to show two distinctly separate structures. Upon review of the elevations it is apparent that a breezeway connects the two buildings at both the first and second floors. This feature was also part of the second version. Parking is provided for 135 cars in the current plan. Based on floor area alone, only 100 spaces would be required. This leaves the extra 35 spaces available to accommodate up to 105 seats in the two restaurants, although only 95 seats are proposed. Recommended Action 1. Recommend to the City Council approval of the elevations, materials and colors, use of stamped concrete, and the landscaping 2. Recommend to the City Council that the project be redesigned to accommodate approximately a 150 ft. Los Angeles Avenue setback as proposed to the Council at its meeting of January 6, 1988. Attachments: 1. Resolution No. 88 -443 (note: please refer to City Council Condition No. "a.") 2. Memorandum dated 12/29/87 to the City Council. 3. Memorandum dated 12/9/87 to the City Council 4. Resolution No. PC -87 -149 adopted 9/8/87 5. Staff report to the Planning Commission dated 8/25/87 PJR:MAR:crl P1-)10641 /PCAGENDA ATTACHMENT -1 RESOLUTION NO. 88 -443 A RESOLUTION OF THE MOORPARK CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONDITIONALLY APPROVING THE APPLICATION FOR PLANNED DEVELOPMENT PERMIT NO. 1064 FILED BY TOPA MANAGEMENT PARTNERSHIP FOR THAT CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND SPRING ROAD. WHEREAS, pursuant to the provisions of Section 8165 of the Moorpark Municipal Code, the applicant, Topa Management Partnership, has requested the City's approval of the application for Planned Development Permit No. 1064, in order to construct a 31,803 sq.ft. retail /office complex on that certain real property located at the southwest corner of Los Angeles Avenue and Spring Road (Assessor Parcel No. 506 - 020 -58). WHEREAS, studies and investigations were made, and staff reports and recommendati cns were submitted; and WHEREAS, the Planning Commission has reviewed and considered the Initial Study and Negative Declaration on the project; and WHEREAS, the Commission, upon giving the notice required by the provisions of Section 8163 -5 of the Moorpark Municipal Code and Section 65905 of the Government Code (beginning at Section 65850), did, on the 17th day of August 1987, conduct a public hearing as prescribed by law in order to consider said application for Planned Development Permit No. 1064; and WHEREAS, following the public hearing the Planning Commission adopted its Resolution No. PC -87 -150 conditionally approving Planned Development Permit No. 1064. Said resolution was adopted at the Planning Commission's regular meeting of September 9, 1987; and WHEREAS, at a duly notice public hearing on January 6, 1988, the City Council considered the subject application, has received testimony regarding said project, has duly considered said proposed project, and has reached its decision; and WHEREAS, the City Council after careful review and consideration, has determined that the proposed project will not have a significant effect on the environment, has reviewed and considered the information contained in the Mitigated Negative Declaration, and has approved the Mitigated Negative Declaratinn as having been completed in compliance with CEQA and the State Guidelines issued thereunder; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE: SECTION 1. That the findings contained in the staff report dated August 5, 1987, are hereby adopted, and said report is incorporated herein by reference as though fully set forth. -1- PD1064:1:20:88 MOORPARK JOHN GALLOWAY Mayor -LOISE BR0WN Mayor Pro Tern CLINT HARPER, Ph.D. Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk THOMAS P GFNOVE SE City Treasurer STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Maureen W. Waii, City Clerk hereby certify under penalty of __ 88 -443 _ was adopted by the meeting held on the 20th day same was adopted by the following STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police of the Cit.v of Moorpark, California, do perjury that the foregoing Resolution No. :ity Council of the City of Moorpark at a of __ January__, 1983, and that tho vote: AYES: Councilmembers Brown, Harper, Lane and Mayor Galloway. NOES: None, ABSENT: None. ARSfAIN: None. WITNESS my hand and the official seal of said City this 22nd_ day of January 1988. (seal) 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS January 1U, 1968 February 4, 1988 PAGE 1 1. GENERAL REQUIREMENTS: a. The permit is granted for the land and project as shown on the plot plans and elevations labeled Exhibit "C" and "D" except or unless indicated otherwise herein. b. The development is subject to all applicable regulations of the C -P -D zone and all agencies of the State, Ventura County, the City of Moorpark and any other governmental entities. c. Unless the use is inaugurated not later than two years after the date this permit is granted, this permit shall automatically expire on that date. The Director of Community Develenmnnf may ;if. his discretion. grant one additional one -year extension for use inauguration if there have been no changes in the adjacent areas, and if permittee has diligently worked toward inauguration of use during the initial two -year period. d. All facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the Director of Community Development. e. The design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State and County and City authorities, and all such requirements and enactments shall,.by reference, become conditions of this permit. f. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. g. That signs are subject to the Moorpark Municipal Code, Chapter 50, of Title 9, Sign Ordinance. A sign permit is required. The applicant shall create a sign program which will cause a common sign letter, type and color to be used throughout the site. Such program to be approved by the Director of Conmuwiity CavcloNment. h. No later than ten (10) days after any change of property ownership or of lessee(s) or operator(s) of the subject use, there shall be filed with the Director of Community Development name(s) and address(es) of the new owner(s), lessee(s) or operator(s), together with a letter from any such person(s), acknowledging and agreeing to comply with all conditions of this permit. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT.-) I. GENERAL REQUIREMENTS (CONT.): January zu, iyuu February 4, 1988 PAGE 2 If in the future, any use or uses are contemplated on the site differing from that specified in this permit, either the permittee, ow -ner or each prospective tenant shall file a project description prior to the execution of the new lease agreement or 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 C -P -O 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 is required, in which case all applicable fees and procedures shall apply. j. The per-mittee agrees as a conditions of ic-,ilanr(, for removal) 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, in relinquish this permit. Permittee will reimburse the City for an,' court costs and!or attorney's fees which the City may be required by a court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligations under this condition. k. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance by permittee of all conditions of this permit 1. All utilities shall be placed underground to the nearest off -site facility except through transmission utilities. 2. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE F011-OWING CONDITIONS SHALL BE SATISFIED: a. A landscaping and planting plan (3 sets), together with specifications and maintenance program prepared by a State Licensed Landscape Architect, generally in accordance with County Guidelines for Landscape Plan Check or such other guidelines shall be submitted to and approved by the DireLi.u, „; Community Development. The landscape plan shall be in substantial conformance to the conceptual landscape plan. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by the City of Moorpark. - Landscaping along streets and at intersections shall not impair sight distance. Low -lying shrubbery should be planned around intersections so that a seated driver does not have to partially enter the intersection in order to gain a clear view of oncoming traffic. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT.) January cu, 1700 February 4, 1988 PAGE 3 - Landscaping shall be designed as not to obstruct the view of any building or office entrance /exit, windows, walkways or vehicles parked in the parking lot. - All landscaping and planting within paved areas shall be contained within raised planters surrounded by six- (6)inch concrete curbs. b. Trash disposal areas shall be provided in locations which will not interfere with circulation parking or access to building, and shall be screened with a six (6) foot high solid wall enclosure with metal or wooden gates. Final design of said enclosure shall be subject to the approval of the Director of Community Development. c. The applicant, on behalf of himself and his successor and assigns, agrees not to protest or otherwise contest the formation of any assessment district or method of assessment applicable to the development which may be established by the City of Moorpark for the purpose of maintaining landscaping and improvements within the right -of -way of New Los Angeles Avenue and /or Spring Road. d. All property line walls and fences shall be no further than one inch from any property line. e. The building(s) shall be constructed employing energy - saving devices. These shall include those required by the California Administrative Code, Title 24. f. 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 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; provide structures which are compatible with Lii�r tu al :�^ ^f thn nrnhnsPd facility. These plans shall include the following: - 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. - Maximum overall height of fixtures shall be not more than fourteen (14) feet in or adjacent to residential areas and not more than twenty (20) feet in non - residential areas. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PO -1064 TOPA MANAGEMENT PARTNERSHIP COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT.)_ January cu, ijoo February 4, 1988 PAGE 4 - "Fixtures must possess sharp cut -off qualities at property lines. - 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). - Energy efficient lighting fixtures which are compatible with adjacent commercial lighting to the north and east. - Minimum of one -foot candle illumination. g. All roof - mounted air conditioning or heating equipment, vents or ducts shall not be visible from view from Any ahutf.ino lots. streets or roadways. This shall be accomplished through the extension of the main structure or roof and not through individual unit screening. Requires review and approval of working drawings by the Department of Community Development to assure roof equipment is below top of the parapet. h. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder shall be permitted. i. All exterior building materials and paint colors shall be approved by the Director of Community Development prior to the issuance of a Zone Clearance for the purpose of determining compatibility with adjacent and nearby development. j. 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 and be subject to any assessment district or other financing technique including but not limited to the *payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Traffic mitigation fees shall be used for projects in this Los Angeles Avenue Area of Contribution, such as, but not limited to, the extension of New Lu5 Aiige l es ",':cnuc. k. Pullover parking shall be limited to 24 inches maximum. 1. A Tree Report identifying all trees and the removal of any trees exceeding 4 inches in diameter must be submitted to the City for approval. All trees removed shall be replaced with an amount of dollar value equivalent to each tree removed by providing additional landscaping within the project. m. The final working drawings shall be submitted to the Director of Community Development for review and approval. APPRGVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT.) ,January cu, rocs February 4, 1988 PAGE 5 n. As long as current parking requirements of the Municipal Code are in effect, no more than sixty (60) seats total in all eating establishments are permitted. At such time as the reciprocal accesses to the adjacent parcels are constructed, this will require the removal of three (3) parking spaces per access. The number of seats in the eating establishments shall be reduced accordingly. Provisions for this requirement shall be made a part of the leases for all units in the shopping center. 3_ PRIOR TO ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. An unconditional "will serve" letter shall be obtained from the Ventura County Water Works District No. 1. The latter shall be filed with the Community Development Department b. The developer shall pay all school assessment fees levied by the Moorpark. Unified School District. 4.. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. 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 landscape areas. b. All landscaping and planting shall be installed and inspected. c. A separate zoning clearance shall be obtained prior to occupancy of individual lease units within the shopping center. d. No use for which -this permit is granted shall be commenced 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 and has posted a Faithful Performance Bond or other form of financial security to guarantee the imnrnvamentS shall be completed within 120 days of issuance of the Certificate of Occupancy. in case or failure to comply with any term or provision of this agreement, the City Council may be 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. I APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT.) January [u, lasts February 4, 1988 PAGE 6 5. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: a. Continued landscape maintenance 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 City within two weeks after notification. All landscaping shall be continually maintained in good condition and shall be watered and kept clean and weed free. Dead or dying material shall be replaced in accordance with the approved landscape plan. In addition, it shall be the responsibility to the property owner to maintain tree wells adjacent to this property in a safe condition and free from trash, weeds, or other debris and public nuisances. b. All required yards, fences, parking areas, storage areas, operations yards and other uses on the site shall be improved as required by these regulations and shall a+ all times be maintained in a neat and orderly manner appropriate for the CPD zone. c. Prior to the introduction of any eating establishment, other than that identified in PO -1064, an application requesting approval of a minor modification shall be submitted to the Director of Community Development for review and approval. d. No outside storage of materials or merchandise of any kind shall be permitted after occupancy. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP CITY ENGINEER'S CONDITIONS January 20, 1988 February 4, 1988 PAGE 7 1. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. The developer shall submit to the City of Moorpark 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. b. The developer shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a registered professional Civil Engineer in the State of California. The grading plan shall incorporate the recommendations of the approved Soils Report. c. The developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete -the ic�provenEnts; and shall, post sufficient surety guaranteeing the construction of the improvements. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, signal modifications and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: - Spring Road is to be constructed per Plate B -2B for all improvements west of centerline. A meandering sidewalk will be constructed along Spring Road, with the design approved by the Director of Community Development. - Los Angeles Avenue is to be constructed per Plate B -2A for all improvements south of centerline. A meandering sidewalk will be constructed along Los Angeles Avenue, with the design approved by the Director of Community Development. - Developer shall provide to the City of Moorpark an easement of sufficient width such that all meandering walks will be within the - A minimum 45 foot curb return radius will be provided at the southwest corner of the Los Angeles Avenue /Moorpark Road intersection. - The pave out of Moorpark Road and Los Angeles Avenue shall be performed so that a continuous standard cross section is maintained. No grade breaks along the cross slope are permitted. - A fog seal to center line shall be applied to Spring Road and Los Angeles Avenue following the completion of all street improvements. - An erosion control plan shall be submitted for review APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP CITY ENGINEER'S CONDITIONS (CONT.) January 20, 1988 February 4, 1988 PAGE 8 d. The developer shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Improvement Area of Contribution applicable rate at the time the Building Permit is issued. e. 'The developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. 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. f. The developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calc;:l:t; r rrcr,r ^d h� Registered Civil Engineer; shall enter into any agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicat` the following conditions hefore and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Storm drain systems shall be sized such that all sumps shall carry a 50 year frequency storm, all catch basins on continuous grades shall carry a 10 year storm, and all culverts shall carry a 100 year frequency storm. g. An erosion control plan shall be submitted for review and approval along with the grading plan. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. h. The developer shall submit to the city of Moorpark for review and approval, evidence that this buildable site will be protected from flooding. 1. Me UeVCUVpCi , ;1 npnt.RChnical investigation with regard to liquefaction, expansive soils, and seismic safety. Per the City's Safety Element, this report shall be prepared by a Registered Professional Civil Engineer or Geologist. j. The deveoper shall offer for dedicaiton to the City of Moorpark a street right -of -way of sufficient width along Spring Road to provide an ultimate right of way of 47 fet., west of the centerline of Spring Road along the entire frontage of the parent parcel. k. The developer shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles Avenue and Spring Road along the entire frontage of the project except for approved access road(s) as delineated on the approved site plan. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP CITY ENGINEER'S CONDITIONS CONT._ January 20, 1988 February 4, 1988 PAGE 9 If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following: - Notify the City of Moorpark in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; 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 requireriients of subu':' ^� c� Cor }inn 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 Litigaticn Guarantee Report; - Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider-will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. m. The applicant shall prior to the issuance of a zone 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 an assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Traffic mitigation fees shall be used for projects in this Los Angeles Avenue Area of Contribution, such as, but not limited to, the extension of New Los Angeles Avenue. n. ;� 1.1,or;;: ,,s `; ,;s Frcm a 50 year storm shall exit the parking lot and enter onto either Los Angeles Avenue or Moorpark Road. The proposed parkway drain shown on the conceptual grading plan shall be deleted, with all water from the site directed to the new RC box along Moorpark Road. o. To provide for project related improvements, developer shall, prior to zone clearance, offer for dedication to the City of Moorpark right -of -way of sufficient width along Los Angeles Avenue to provide a total right -of -way of 59 feet south of the Los Angeles Avenue centerline along the entire frontage of the parent parcel. p. To provide for ultimate improvements, developer shall, prior to zone clearance, make an irrevocable offer to the City of Moorpark right -of -way of sufficient width along Los Angeles Avenue to provide a total right -of -way of 70 feet south of the Los Angeles Avenue centerline along the entire frontage of the parent parcel. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA NANAGEMENT PARTNERSHIP CITY ENGINEER'S CONDITIONS (CONY.) January 20, 1988 February 4, 1988 PAGE 10 1. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: q. Prior to zone clearance, developer shall obtain reciprocating access easements from the properties to the south and west. 2. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: a. In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in tQ a-_ =c c recommendations as to disposition, mitigation and /or salvage. The developer shall be liable for costs associated with the professional investigation. b. Prior to any work being conducted within the State or City right -of -way, the developer shall obtain an Encroachment Permit from the appropriate Agency. c. Where roads are to be built requiring 4 inches or more of pavement, developer shall construct the required pavement minus one inch as an interim condition until all utility cuts or trenching is completed. The final 1 inch cap of asphalt shall be placed after all necessary trenching is completed. 3. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. Developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. b. Developer shall pay for the installation of all street light fixtures as directed by the City Engineer. c. Prior to occupancy, an approximately 4 foot high by 8 foot wide reinforced concrete box will be constructed along the east property line. The location and design of the RCB will be reviewed and approved by the Ventura County Flood Control District and the City Engineer. This reinforced concrete box will connect to the existing 3 feet high by 5 feet 8 inch wide RCB crossing under Los Angeles Avenue. The new RCB will provide a stub -out where it meets the existing RCB for a future 54 inch reinforced concrete pipe entering from the east. The developer will enter into an agreement with the City of Moorpark to be reimbursed for the construction of this reinforced concrete box from the Los Angeles Area of Contribution Fend subject to review and approval by the City. The total reimbursement shall not exceed $225,000. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 January 20, 1988 CASE NO.: PD -1064 February 4, 1988 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 11 CITY ENGINEER'S CONDITIONS (CONT.) BRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: d. Prior to occupancy, developer shall improve the intersection of Moorpark Road - New Los Angeles Avenue . The improvements shall include all work necessary to achieve the following: - Two Eastbound left turn lanes and two eastbound through lanes. - Two northbound left -turn lanes and two northbound through lanes. - Two southbound left turn lanes, a southbound through lane, a souuthbound through -right lane, and a southbound right turn lane. - A westbound left turn lane, a westbound through lane, a westbound through -right lane, and a west bound right turn lane. - Scuthbcund right turn, cv°rlap signal phasing. - Westbound right turn overlap signal phasing. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS January 20, 1988 February 4, 1988 PAGE 12 1. PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOLLOWING CONDITIONS SHALL BE SATISFIED. a. Lighting devices shall be high enough as to eliminate anyone on the ground from tampering with them. b. Landscaping shall not cover any exterior door or window. C : 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. d. Landscaping (trees) shall not be placed diri•ctly u6u"_ ,,; ."-` ca lighting which could cause a loss of light at ground level. e. Front door entrances shall be visible from the street. f. ftiument signs stall not block the view of a seated driver when exiting the station from another vehicle or pedestrian. g. All entrance /exit driveways shall be a minimum of 30 feet in width. h. All exterior doors shall be constructed of solid wood core 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 street. i. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. 2. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED. a. A licensed security guard is recommended during the construction phase, or a 6 -foot high chain link fence shall be erected around the construction b. Construction equipment, tools, etc., shall be properly secured during non - working hours. 3. PRIOR TO OCCUPANCY, II1E FOLLOWING CONDITIONS SHALL BE SATISFIED. a. No parking along curb in front and side of business shall be allowed due to a driver visibility problems pulling into or out of station. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 January 20, 1988 CASE NO.: PD -1064 February 4, 1988 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 13 VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS (CONT.) b. If an alarm system is used, it should be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. c. Address shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. d. Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP VENTURA COUNTY FIRE DEPARTMENT CONDITIONS January 20, 1988 February 4, 1988 PAGE 14 1. PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED. a. The applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. Show existing hydrants on plan within 300 feet of the development. b. That a plan shall be submitted to the Ventura County Bureau of Fire Prevention for review indicating the methods in which buildings are to be identified by address numbers. r That. building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County bureau of tire Prevention for review. 2. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED a. 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 fire low is approximately 2750 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 3. PRIOR TO CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: a. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Waterworks Manual. - Each hydrant shall be a 6 -inch wet barrel design and shall have one 4 -inch and two 2 -1/2 -inch outlet(s). - The required fire flow shall be achieved at no less than 20 psi residual pressure. - Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any hydrant. - Fire hydrants shall be recessed in from curb face 24 inches at center. b. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 January 20, 1988 CASE NO_: PD -1064 February 4, 1988 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 15 VENTURA COUNTY FIRE DEPART14ENT CONDITIONS 4. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. A minimum individual 'hydrant flow of 1500 gallons per minute shall be provided at this location. b. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street, the address numbers(s) shall be posted adjacent to the driveway entrance. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 January 20, 1988 CASE NO.: PD -1064 February 4, 1988 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 16 VENTURA COUNTY ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS 1. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED. a. 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 Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 January 20, 1988 CASE NO.: PD -1064 February 4, 1988 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 17 PLANNED DEVELOPMENT PERMIT NO. 1064 - City Council Conditions January 6, 1988 PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. Approval of this permit is for the main building in concept only. The following shall be approved by the Planning Commission and City Council. i. final elevations ii. landscape plans iii. parking area detailed with use of stamped concrete to add variety. b. The fast food restaurant will require the approval of a major Ifica ;^n or a new, separate, commercial planned development permit. The appropriate approval required shall be determined by the Director of Community Development. c. Two additional areas of the site F access to adjoining property to "pass- through" points shall be property line and at the west end improvement when made shall be owners. Ian shall be made available for future the south and west. These additional located at the south end of the west of the south property line. Cost of this shared equally among adjoining property d. The sign program shall be limited to use of three (3) colors that are complimentary or contrasting to the building colors. National registered Commercial logo's may be used with approval by Director of Community Development. e. Window and door trim shall incorporate use of wood rather than metal. f. The fountain shall be enlarged to a 25 ft. width. Benches shall be provided in the fountain area. A 6 ft. high stucco finish wall with a red brick cap shall be provided behind the fountain. q. The utility poles located on Spring Road, one each at the northeast and south east corner OI the s i to sila 1 Lbe ;'e'r,luyt a anu puyitCr Uridergrcund to the nearest off site utility pole. The existing street light on the Los Angeles Avenue frontage shall be removed, and replaced if required by the City Engineer with an appropriate light standard. 1 AFPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 January 20, 1988 CASE NO_: PD -1064 February 4, 1988 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 18 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. The main building shall be limited to a maximum of 60% of the gross floor area to be devoted to retail uses. The remainder shall be used for office uses. b. The following uses shall be prohibited uses for the site of this permit: 1. Automobile; Boat and Trailer Sales lots; 2. Amusement Enterprises; 3. Bowling Alleys; 4. Churches; 5. Clubs and Lodges; 6. Dance Halls 7. Grocery Stores; 8. Gymnasiums; 9. Massage Parlors; 10. Schools; 11. Wedding Chapels. 3. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. Upon the sale of part or all of the property, he buyer shall be provided with a copy of all conditions of approval of this permit. ATTACHMENT -2 JOHN GALLOWAY Mayor ELOISE BROWN Mayor Pro Tern CLINT HARPER, Ph.D. Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk THOMAS P. GENOVESE City Treasurer MOORPARK M E M O R A N D U M STEM q,,8. STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. D1z-NNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: December 29, 1987 (CC meeting of 1/6/88) SUBJECT: PUBLIC HEARING - PLANNED DEVELOPMENT PERMIT NO. 1064 AND ZONE CHANGE NO 2813 (TOPA MANAGEMENT COMPANY) CONTINUED FROM 12/16/88 Background At its meeting of December 16, 1987 the City Council held a public hearing on the above item. Confusion arose as to the status of General Plan Amendment No. 84 -2. This was adopted by Resolution No. 84 -148 on October 24, 1984. The resolution itself authorized a change in land use classification from Medium Density Residential to Commercial Office. However, there is no commercial office category in the text of the General Plan land use element. The map of the land use element was amended to show a general commercial category. Of the existing land use categories, crPnera1. commercial i.s the closest appropriate land use category to the desired commercial office category. FLoili this point, it was the Council's intention to initiate a zone change from Trailer Park Development (TPD) to Commercial Office (CO). The zone change was initiated by the adoption of Resolution No. 84 -150 on November. 7, 1984. However, it was never followed through and the zoning has remained TPD. On December 16, 1987 by a 3:1 vote the Council made the finding that the CPD zone is compatible with the general commercial land use category in the General Plan land use element. PJR:MAR:crl 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Page 2 Discussion During the public hearing, the Council raised several concerns resulting in a request of the applicant to make changes in the building design and site plan layout. The changes requested are as follows: 1.. Uses are to be limited. Gas stations, fast food drive -thru restaurants, and mini markets will be prohibited. 2. Building "C" (corner building) will be moved further from the corner. An entry feature such as a fountain or other decorative feature shall be provided at the corner. 3. Wood will be used for more detail around doors and windows. 4. The architectural style is to be changed to Mediterranean. Use of round columns are to be incorporated. 5. Additional on -site landscaping is to be provided. In particular, more landscaping is needed against the building. 6. The tower area is to be provided with more architectural treatment. 7. Consideration shall be given to a two -story building with office space on the second floor. If a two story building is feasible, then building "C" (corner building) will. be removed. 8. Building "A" (parallel to Spring Road) will be more detailed and reduced in length. The applicant has attempted to incorporate these items into the project and has provided a new site plan. Based on a conversation with the applicant the revised site plan has the following changes (as of this writing, staff has not yet received the revised plans): 1. The site still consists of three buildings. Two of them are two story building parallel to Los Angeles Avenue and are designed to have retail store fronts on the ground floor and office space above. The buildings are moved further north on the site to allow for some parking at the rear. The rear elevation has windows and other treatment to allow for an appealing open view of the south elevation. The third building is in place of building "A" and is a "pad" building, single story. PJR:MAR:crl ATTACHMENT -3 MOORPARK ITEM 9A._ JOHN GALLOWAY STEVEN KUENY Mayor City Manager ELOISE BROWN Pv ►"� ��� o CHERYL J. KANE Mayor Pro Tern i City Attorney CLINT HARPER, Ph.D. ` PATRICK RICHARDS, A.I.C.P. Councilmember O Director of JOHN PATRICK LANE Community Development Councilmember oa o R. DENNIS DELZEIT MAUREEN W. WALL �9r`° ^ City Engineer City Clerk ''y JOHN V. GILLESPIE THOMAS P. GENOVESE Chief of Police City Treasurer TO: FROM: DATE: SUBJECT: M E M O R A N D U M The Honorable City Council Patrick J. Richards, Director of Community December 9, 1987 (CC meeting of 12/16/87) Developmen PUBLIC HEARING - PLANNED DEVELOPMENT PERMIT NO ZONE CHANGE NO. 2813 (TOPA MANAGEMENT COMPANY) Background PD -1064 AND At its meeting of August 17, 1987, the Planing Commission held a public hearing on the above items. The applicants request is to construct a 27,594 sq. ft. slopping center on a 2.23 acre site. The site is presently zoned T -P -D Trailer Park Development and will require a zone change to a commercial zone to accommodate the proposed development. An important issue is the General Plan classification of this property. General Plan Amendment: No. 84 - -2, adopted by Resolution No. 84 -148 on October 24, 1984 classified this and twenty (20) acres of surrounding property as "Commercial - Off.ice ". Only a small portion of the C -O classified land is 1 7 �..,n1 nnmant The l -and use propose ICI:' tCtali C vM;,^r,....._. compatibility matrix of the General- flan shows al-1 commercial zones as compatible with all, commercial. land use categories; tlierefore, staff is of the opinion that the requested C -2 zone (or the C - -P -D zone preferred by staff) is, generally consistent with the General. Plan. Discussion The Planning Commission felt that the proposed project was not in keeping with the intent of the General Plait. The Commission woul -d have preferred that it were a smaller commercial project that would .serve as support to larger office project. The project site does have the capability to support an adjacent use since it occupies only 2.23 acres and is surrounded by twenty (20) acres of land on both the west, southwest, and south of land classified as commercial - PJR:MAR:crl 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Page 2 office by the General Plan. Also, the design of the shopping center allows for pass - through access to the adjacent parcel to the west. Both vehicular and pedestrian access are proposed. An alternative that the Council may wish to consider is the phasing of the shopping center. It is proposed as three separate buildings that could be phased if necessary. Building "B:" as shown on the plans could be built first, with buildings "A" and "C" as single or separate future phasing. Additionally, state law requires that when a trailer park is proposed for closure, a relocation impact report must be completed by the applicant and reviewed and considered by the City Council prior to rendering a decision affecting the site of the trailer park. The Council held a public hearing on the report and approved the report on November 23, 2987. Recommendation Approve a change of zone from T -P -D To C -P -D Commercial Planned Development, and the requested planned development permit. 1. If the Council desires to approve these requests, the findings outlined in the attached staff repor*s dated August 13, 1987 must be made. 2. Also, it is advised that Council find that the proposed C -P -D zone is consistent with the General Plan. 3. Direct staff to prepare a resolution approving the planned development permit and draft ordinance for introduction authorizing the change of zone at its next regularly sgrherluled meeting of January 6, 1.988. EMIRITS: 1. Two staff August 13, 2. Resolution =3. Site Plan 4. Elevations PJR:MAR:crl reports to the Planning Commission dated 1987; Nos. PC- 87 - -149 and 1.50 ATTACHMENT -4 RESOLUTION NO. PC -87 -149 A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL, DENIAL OF THE APPLICATION OF TOPA MANAGEMENT PARTNERSHIP FOR A CHANGE OF ZONE CLASSIFICATION FROM TPD (TRAILER PARK DEVELOPMENT) TO C -2 (GENERAL COMMERCIAL) AND RECOMMENDING APPROVAL FOR A CHANGE OF ZONE FROM TPD TO CPD (COMMERCIAL PLANNED DEVELOPMENT) WITH CONDITIONS, FOR THAT CERTAIN PROPERTY CONSISTING OF 2.23 ACRES, LOCATED AT THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND SPRING ROAD. WHEREAS, pursuant to the provisions of Section 8164 -0 of the Moorpark Municipal Code, the applicant, Topa Management Partnership has requested a change of zoning classification Zone Change No. 2813 for that certain 2.23 acre site located, in the City of Moorpark, and known as Ventura County Assessor's Parcel No. Portion of 506- 0- 02 -36, from its present zoning classification of TPD (Trailer Park Development to zoning classification C -2 (General Commercial); and WHEREAS, studies and investigations were made, staff reports and recommendations were submitted; and WHEREAS, pursuant to the requirements of Article 5 of Chapter 3 of Title 7 (beginning at Section 65300) of the Government Code of the -state of California ( "the Planning and Zoning Law "), the City of Moorpark has adopted a General Plan, which plan contains each and every element required to be included in such a plan by Section 65302 of the Government Code; and be included in such a plan by Section 65302 of the Government Code; and WHEREAS, this Commission has reviewed and considered the Initial Study and Negative Declaration on the project; and WHEREAS, this Commission, upon giving the notice required by the provisions of Article 2 of Chapter 4 of Title 7 of the Government Code (beginning at Section 65905), did, on the 17th day of August, 1987, conduct a public hearing as pr(,Cr-rihPd by law in order to consider said application for a change of zone. NOW, THEREFORF, THE PLANNING COMMISSION OF THE CITY OF MOORPARK RFSOLVFS AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act {Division 13 of the Public Resources Code of the State of California (heginning at Section 210001, the Planning Commission of the City of Moorpark recommends approval of the Negative Declaration to the City Council. SECTION 2. (a) The proposed zone change is generally consistent with the Moorpark General Plan. However the zone classification of CPD, Commercial Planned Development would be more appropriate and in keeping with current zoning practice. (b) The public convenience, general welfare and good zoning practices justify the zone change with conditions. nn /n7 /07 SECTION 3. In accordance with Section 8164 -30 of the Moorpark Municipal Code this zone change to CPD is restricted in land uses of commercial office nature with retail uses to only support commercial office uses. Also, a covenant to run with the land is imposed for such land use limitations. Such covenant to be recorded and running with the land. SECTION 4. The findings contained in the staff report dated August 17, 1987 which report is incorporated herein by reference as though fully set forth at this point and as amended orally at the public meeting, are hereby adopted. SECTION 5. The application of Topa Management Partnership (ZC- 2813), to change the zone classification (as modified by the Planning Commission) , of Ventura County Assessor Parcel No. Portion of 506- 0 -02 -36 from TPD (Trailer Park Development) to CPD (Commercial Planned Development), is recommended to the City Council for approval. SECTION 6. That at its meeting of August 17, 1987, the Planning Commission took action to direct staff to prepare a resolution with attached conditions, said resolution to be presented on the Consent Calendar at the next regularly scheduled meeting. The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioners Montgomery, Lawrason, Butcher, Holland, and Wozniak; NOES: None. PASSES, APPROVED AND ADOPTED this 8th day of September. CHAIR. PRESIDING: nTr�c�• APPROVED AS TO CUrNXLNi: 91 r _ - �'� �'- '�v��.•� - �d` /�-- _S.:- �'l/�-'_ �" ,-� 'L --Ci -- '� 1. Celia La Fleur, Acting Secretary Pa rick J. R c Va r ds , Director of Community Development I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Planning Commission of the City of Moorpark, California, at a regular meeting held on the 8th day of September, the following vote: AYES: Commissioner Butcher, Lawrason, Wozniak and Montgomery; NOES: None; ABSENT: Commissioner Holland. ATTEST: Celia La Fleur, Acting Secretary 2 no /n7 /07 ATTACHMENT -5 CLINT HARPER, Ph.D. Mayor ELOISE BROWN Mayor Pro Tern THOMAS C. FERGUSON Councilmember JOHN GALLOWAY Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk Applicant: Subject: Location: Assessor Parcel No. Site Sire Floor Area: 1 Building height: General Plan/ Zoning: Surrounding Zoning/ Land Use: MOORPARK STAFF REPORT TO: MOORPARK PLANNING COMMISSION ITEM 94 . STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer Case No.: PLANNED DEVELOPMENT PERMIT NO. 1064 (Related Case No.: Zone Change No.: 2813) TOPA MANAGEMENT PARTNERSHIP 18000 Avenue of the Stars Los Angeles, California 90067 -42.16 Commercial planned development permit request to construct a 27,594 square feet retail shopping center in three (3) separate buildings. South west corner of New Los Angeles Avenue and Moorpark Road. 506 -0- 020 -36. 97,298 square feet 12.2.3 acres) 27,594 square feet (three separate buildings of 7,996 t ^l!� ! 1r,ag2 {Ride. Rfl and 3.106 (Bldg. C( lh feet general height, 24 eet.i,aximum height at corner arcade. Commercial Office /TPD trailpr park development Zoning General Plan North: R -1 /Residential /Medium Density Residential South: R -1 /Residential /Commercial Office East: R -1 /Residential /General Commercial West: CPD /Commercial /Commercial Office WICI KA —mark Avenue Moorpark, Califomia 93021 (805) 529 -6864 Case No.: Planned Development Permit No. 1064 25. 198. (Related Case No.: Zone Change No_ 2813 Page 2 Applicant: TOPA MANAGEMENT PARTNERSHIP Date of Meeting: August 17, 1987 Site & Project History:July 10, 1962: Ordinance No. 1235 was adopted by the County of Ventura changing the zone classification of the subject property (only), to TPD /Trailer Park Development. This zone still exists today and is now proposed to be changed as part of the proposed project. December 18 1979_: The General Plan Land Use Element of the County that was in effect prior to the incorporation of the City of Moorpark classified the site and vicinity southwest of the intersection of Los Angeles Avenue and Moorpark Road as Residential Medium Density. November 2, 1983: Four months after the incorporation of the City of Moorpark. The City adopted the Land Use Element of the Moorpark Community Plan of the Ventura County General Plan as its own land use element. The element designated the subject property as General Commercial October 24, _1984: Resolution No. 84 -148 adopted by the City of Moorpark approved General Plan Amendment No. 84 -2 changing the land use classification of the subject property from General Commercial to Commercial Office. Environmental Determination: Mi Issues: 1. 2. 3. 4. 5. Architectural tigated Negative Declaration Land Use Design Site Plan Circulation Housing relocation Description: The proposed shopping center is arranged in a complex of three (3) separate buildings a total of 21 units are located throughout the center. Units 1 - 6 are in Building "A "; units 7 - 19 in Building "B" and units 20 & 21 are located in Building "C ", which lies as a free standing pad at the street corner. The two major buildings are connected by an open area to allow future pedestrian circulation to the west. Variations in the building footprint is shown on the site plan. Long straight lines of storefront arcade are avoided by this design. The site is not crowded with free - standing pads as is the case with other neighborhood centers. Case No.: Planned Development Permit No. 1064 (Related Case No_: Zone Change No. 2813 Applicant: TOPA MANAGEMENT PARTNERSHIP Date of Meeting: August 17, 1987 August 13, 1987 Page 3 The general architectural style is "town and country" which makes predominant use of mission clay tile as the roofing material, exposed rafter tails and heavy use of wood siding. Building facade materials consist of split face and fluted split face block; some use of accent stucco bands will be made as well. An earth tone palette will be the general color scheme. Rear elevations will offer some change in color texture, and relief so as not to provide featureless blank walls as a rear elevation. Parking: The base parking requirement for the entire center is one parking space per 300 square feet of floor area. The gross floor area is 27,594 square feet which requires 92 parking spaces. A total of 112 parking spaces are provided. This will enable some restaurant uses in the center. The 20 additional spaces would accommodate up to 60 restaurant seats through the center. Presently units 6 and 7 are intended to be leased as restaurant uses. Access: Access to the site is provided by two (2) driveways, one each on Los Angeles Avenue and Moorpark Road. Both driveways are set well back from the intersection. The Los Angeles Avenue driveway is approximately 176 feet from the corner radius return and the Moorpark Road curb cut is approximately 128 feet away. Presently there is no need to restrict turning movements into or out of the site. Eventually both street frontages are expected to have a raised center median which will cause movements to be limited. Additionally access is provided to the adjacent parcels west and south. A 25 foot wide landscaped area adjacent to units 1 and 19, serve as a future access point. In the interim �:.:u, .. , ,.��; +inn�l landscape setbacks. At such time as the adjacent parcels are developed and the City determines that through access is necessary, then the landscaped areas will be required to be opened, paved and connected to the adjoining parcels. This will cause the loss of three (3) parking spaces per each access point. Also pedestrian access to the parcel to the west has been provided as well in the event of future development of the parcel to the west. Landscaping: Site landscaping consists of a minimum of a 15 foot front landscaped setback. At the corner a 30 foot landscaped setback is provided. At the extreme ends of the property a 40 feet landscaped setback is provided. (However, only 15 feet of this area will remain after the through access points are open). The areas between parking bays will be landscaped as well with 10 wide planters. Additional landscaping will be provided at the corner between the two large buildings with a theme structure above. Case No.: Planned Development Permit No. 1064 August 13, 1987 (Related Case No.: Zone Change No. 2813 Page 4 Applicant: TOPA MANAGEMENT PARTNERSHIP Date of Meeting: August 17, 1987 Public Improvements: Existing improvements consist solely of asphalt curb on both street frontages. No sidewalk is present. The one existing driveway on Los Angeles Avenue is asphalt paved as well. Required public improvements of the project site will be a meandering sidewalk of five (5) ft. on both street frontages with intregal curb and gutter and 30 ft. wide driveway aprons. Discussion: The site of the proposed center is at the southwest corner of Moorpark Road and Los Angeles Avenue. This is the busiest intersection for traffic volume in the City. Traffic generation is not expected to be a significant factor regarding this project. A major portion of the use of the center will be pass by traffic. Users of the shopping center, are anticipated to be enroute to multiple destinations much of the time when using this site. Its location is a central one, convenient to area residents but not an intrusion to any existing neighborhoods. Although most surrounding property is zoned for single family residential, it is not developed in a typical R -1 pattern. The general plan recognizes the entire vicinity of the project site as suitable for commercial use. The site plan and design of the center may tend to give it the appearance of many typical neighborhood shopping centers. However, the break up into two main buildings with pedestrian pass through access the variation in the footprint, and the increased setback and landscaping make this project more acceptable. Housing displacement will occur as a result of the proposed project. This is identified in the negative declaration (attached). A trailer park with 27 trailers presently exists on the site. It is the City Council's intent to have — viow tha usual matters pertinent to the requested planned development permit and zone change. The subject of the relocation will be discussed at a separate public hearing on the state required impact report of the effects of the housing displacement. Prior to consideration of the planned development permit or the zone change the Council will hold its hearing on the impact report. Although the design details of the project are to be the Commission's primary concern, the Commission is not altogether precluded from discussing the housing displacement issue. Case No.: Planned Development Permit No. 1064 August 13, 1987 (Related Case No.: Zone Change No. 2813 Page 5 Applicant: TOPA MANAGEMENT PARTNERSHIP Date of Meeting: August 17, 1987 Recommended Action: 1. Make the following findings: a. The proposed uses and design of the proposed project would be consistent with the purposed, intent, guidelines, standards, policies and provisions of the City's General Plan and Chapters 1 and 2 of the Ordinance Code; b. The proposed uses would not impair the integrity and character of the zone in which they are to be located; as part of its action the Planning Commission finds that the proposed zone classification for the project site is compatible with the general plan. C. The proposed uses would be compatible with land uses permitted within the General Plan land use designations and the zones in the general area where the uses are to be located; d. The proposed uses would not be detrimental to the public interest, health safety, convenience or welfare. 2. Recommend to the City Council approval of the attached Negative Declaration as having been completed in compliance with State CEQA Guidelines. As part of its recommendation, the Planning Commission has reviewed and ccr.side - ,-d the information contained in the Negative Declaration. 3. Direct staff to prepare a resolution recommending to the City Council to conditionally approve Planned Dc,,c1„r)ment Permit No 1064 for consideration at its next reqular -meet inq_of September 8. 1987. Final Disposition: Pursuant. to Resolution No. 86 -276, this is a Commercial Planned_ Development _, of more than 20,000 square feet. Therefore the Planning Commission's action on this matter will be a recommendation to the City Council. The Council will he required to hold a public hearing on this matter. FOUR ITS: 1. Location Map; 2. Negative Declaration; 3. Excerpt from General Plan; 4. Site Plan; 5. Elevations. CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 NEGATIVE DECLARATION X MITIGATED NEGATIVE DECLARATION 1. PROJECT DESCRIPTION: 1. Entitlement Planned Development Permit No. 1064 & Zone Change No. 281.3 2. Applicant_ Topa Management Partnership 3. Proposal__ Proposed change of zone from TPD to C -2 and PD permit to facilitate construction of a 29,029 sq.ft. retail center. 4. Location & Parcel Number s : Southwest corner of New Los Angeles Avenue and Moorpark Road. API 506- 0- 02 -36. 5. _Responsible Agencies_ California Department of Transportation (Caltrans) TI. STATEMENT OF ENVIRONMENTAL FINDINGS: An initial study was conducted by the Community Development Department to evaluate the potential effects of this project upon the environment. Based upon the findings contained in the attached initial study it has been determined that this project (could,) (could not), have a significant effect upon the environment. MITIGATED NEGATIVE DECLARATION ONLY: These potentially signif.i.caut inpacts car. be snt:isfactori.1y ri.titi< ^_ted through adoptier. of the following irlentifi' -cd measures as conditions of approval. MI'F1(;ATLON MEASURES INCLU)Ell TO AVOID POTENT IA1.IN SIGNIFICANT 1. Limited number of driveway approaches and located away from corners. 2. Advantageous use of setbacks and access design criteria for public safety. 3. Relocation assistance to he pr.ovi.dod in the dispIncement- of trailer park residents. 4, Existing trees are su1) jort. to City's Urgency Ordinance regarding tree preservation. ITI.PUBLIC REVIEW: 1. Legal_ Notice _M_ethod:Direct mailing to property owners within 300 feet. YES 2. Document Posting Period: August 3, to August 1.7, 1987. Prepared by: Se 'o Planner Approved by: Director of Community DP e p t Michael A. cabin P trick J. ards Name /Date ame /Date GYWTRTT 9 Excerpt from the Land Use Element of the General Plan COMMERCIAL Goals Goal 1 To provide for commercial facilities which respect and encourage (1) convenience to customer, (2) harmony with existing and future land uses, (3) equity to adjacent property owners, (4) use of future public transportation, (5) reduction of vehicle miles travelled. Goal 2 To concentrate business facilities in compact areas and discourage them in linear strings along major and secondary traffic arterials. Goal 3 To provide for freeway oriented commercial facilities located at appropriate.: freeway interchanges which efficiently serve the needs of the travelling public. Goal 4 To provide for maximum . visual, and functional design of . commercial facilities with emphasis. on customer safety and convenience. - Goal 5 To provide for shopping centers which will provide a variety and quantity of goods and which will be in an appropriate location and have appropriate access to major roads. Goal 6 To provide neighborhood convenience centers in decentralized suburban areas. Policies Policy 1 Necessary service and retail establishments not currently iocated 11-1 the community should be encouraged to locate there providing community make up or market data indicates a need. Policy 2 New commercial development shouid 111C01,P0C atC ;300 standards. Design standards include landscaping, circulation, off- street parking, architectural compatibility with the surroundings, and others. New strip commercial development should be discouraged: existing strip commercial development should be encouraged to consolidate driveways, provide adequate parkinq areas and landscaped areas. Policy 3 Vo encourage commercial developments to adopt a harmonious architectural style with appropriate landscaping and buffer Policy 4 i o provide for a range of commercial facilities which serve the residents of the community and encourage new employment opportunities. Policy 5 'To provide adequate and appropriate traffic movement on adjoining arterials with relation to location of commercial uses. ATTACHMENT 3 CITY OF MOORPARK INITIAL, STUDY CHECKLIST FORM I.. BACKGROUND .1. Name of Applicant Topa Management Partnership 2. Project Description _ Proposed Change from T -P -D Trailer Park Development to C -2 General Commercial and Planned Development Permit to facie ate Construction of a 29,029 sq. ft. Retail Center 3. Date of Checklist submittal August 3, 1987 4. Project Location Southwest corner of New L.A. Ave. and Moorpark Rd. I1. E'N'VIRONMENTAL IMPACTS (F,....innatirns of all "yes" and "maybe" answers are required on attached sheets.) YES MAYBE NO 1. EARTH. Will the proposal result ill: :1. lJostalble earth conditions or in charlf;es X ill geologic sub:�Liuclules:' - - -_ - -- - -- l). :)Lsrupti.oils, d:1 S1)l.<CCI:1C1]L5, coml)act ioll or X overcoveri.nF of the soil? - - - ,;,. in t_opogra phy or „rn inrl ;nrfar ' X rcl ief fc a;.urcrs') d. The dostr'uct.ion, coverin); or modifi.caLion of - X -- - -- any unique geologic or physical feat.11r-es? r. Airy inc:rea >e in wind or water ero:.ion of :.oi-l:., X i t.hc•.T. on or off t.hr_ s tc'? - - - -- f . (.:11;3ny;c in cicpo:;i.tion or erosion of be acll sand,, X or cllanf;es in Si.tu3LiOH, deposi Lion or er.osi.on which may modify the channel of a river or stream or the bc�d of Lhe ocean or any briy, inlet or lake? f;. Exposure of people or property to geologic X hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? 2. AIR. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? C. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? d. Is there a potential for cumulative adverse impacts on air quality in the project area? 3. WATER. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? C. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? C. Discharge into surface waters, or in any alteration of surface waver quality, incl.udinv but not limited to temperature, di,-,solved oxygen or turbidity"? f Atterati.on of i_iw ground waters? E;. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of' an aquifer by cuts or excavations? h. Degradation of ground water quality? i. Substantial reduction in the amount of water otherwise available for public water. supplies? j. Exposure of people or property to water related hazards such as flooding or tidal waves? YE:S MAYBE NO I V k� 4. PLANT LIFE. Will the proposal result in: a. Changes in the diversity of species or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants? b. Reduction of the numbers of any unique, rare or endangered species of plants? C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? 5. ANIMAL LIFE. Will the proposal result in: a. Change in the diversity of species or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? D. Restrict the range of or otherwise affect any rare or endangered animal species? C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish oL wildlife Habit -atY 6. NOISE. Will Lhe proposal result in: a. Increases 1.11 exisLiu�; h. E-<posure of people to severe noise levels? 7. L1GII'I' AND GLARE:. Will the proposal produce new Lil;iit or glare? 8. LAND USE. Will the proposal result in a substantial alteration of the present or planned land use of an - Ire.a'� 9. NATURAL RESOURCES. Will the proposal result in: a. Increase in the rate of use of any natural. resources? b. Substantial depletion of any nonrenewable resource? YES MAYBE NO X X u Z- -- -z-- 10. RISK OF UPSET. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. POPULATION. Will the proposal alter the location, distribution, density or growth rate of the human population of an area? 1.2. HOUSING. Will the proposal affect existing housing, or create a demand for additional housing? 13. TRANSPORTATION /CIRCULATION. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities or demand for new parking? C. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. increase in traffic hazards to motor vehicles, bicyclists or pedestrians? upon, or result in a need for new or altered governmental servies in any of the followinf; areas: a. Pi -re protection? 1). Police protection? c. schools? d. Parks or other recreational facilities? e. Other governmental services? 15. ENERGY. Will the proposal result in: a. Use of substantial amounts of fuel or energy? YES MAYBE NO Z X X KI" b. Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? 16. UTILITIES. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications system? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? g. Street lighting annexation and /or improvements? 17. HUMAN HEALTH. Will the proposal result in: r1. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. AESTHETICS. Will the proposal result in the obstruc- tien of any scenic vista or view open to the public, or will the proposal. result_ in the creation of an aestheLically offensive site open to public view"? I PVCREATTON_ Will the proposal result in an impact upon the quality or quanti.Ly of existing; recreational opportunities? 20. ARCIIAF,0L0CI CAI, /IITSTORICAI- Will the proposal: a. Affect possible unknown archaeological or historic- al sites? h. Result in destruction or alteration of a known archaeological or historical site within the vicinity of the project? C. Result in destruction or alteration of a known archaeological or historical site near the vicinity of the project? YES MAYBE NO x x YES MAYBE NO 21. MANDATORY FINDINGS OF SIGNIFICANCE. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California / history or prehistory? b. Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long -term impacts will endure well into the future.) C. Does the project have impacts which are individu- ally limited, but cumulatively considerable? (A project may impact on two or more separate resources where impact on ea.h resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will. cause suLstantial adverse effect:- \ on nLlIIlail bein};s, either directly or indirectly. 1.11. RECOMMENDATION of this initial evAl.tlation: In conformance with Section 15060 of the State EIR Guidelines, I. find with certai.nity that the proposal would not have a significant impact on the environment. _ 1. find the proposed project is categorically exempt pursuant to cIass I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION should be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet could be applied to the project. A MITIGATED NEGATIVE DECLARATION SHOULD BE PREPARED. i find proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find proposed project MAY have a significant effect on the environment, and an ADDENDUM to an existing certified Environmental Impact Report is required. I find the proposed project MAY have a significant effect on the environment, and this effect is adequately addressed in a certified Environmental Impact Report, and thus SUBSEQUENT USE of the existing EIR is required. August 13, 1987 Page 1 PLANNED DEVELOPMENT PERMIT NO. 1064 ZONE CHANGE NO. 2813 ADDENDUM TO INITIAL STUDY The following are responses to "yes" and "maybe" responses to the initial study. l.b. As a result of grading and site preparation, displacement, compaction and overcovering of soil will occur. These are construction impacts and will be short term. No long range impacts are anticipated due to the necessary pre- construction earthwork. C. The site as it presently exists, is below street grade. To facilitate construction of the proposed shopping center, elevating of the site to street grade will be required. No significant impact is expected as a result of this change in topography. A flat developable construction site will result with appropriate drainage facilities as required by the City. 2.b. Although no specific tenants are .identified at present, restaurant uses may occur in the shopping center when the leasing period begins. The possibility exist that though the use of exhaust fasts, objectionable odors may he transmitted. The potential for this problem is minimal and is not anticipated to be an adverse impact. Also, the project is conditioned to provide smoke chamber exhaust system and filters to the satisfaction of the City. d. The proposed project when considered collectively with other project proposals in the City Play co *!tribute to cumulative adverse impacts on air qual.i.:y in the vicinity. There is no present mitigation measure available at this time inasmuch as single projects are concerned. However, existing storm drains in the 3.1). A reInti.' ^ly smnll gmniint of f-.}lh oxist.inj? site is paved. The proposed project with only 14,872 sq.ft. of landscaping out of 2.12. acres will result in an .increase of surface area impervious to water, this will increase the rate and amount of surface runoff. However, existing storm drains in the vicinity are adequate to accommodate t :lie increased runoff. 6.a. The primary on site source of noise generation is anticipated to emanate from vehi.cul.ar traffic. t- present the existing trailer park ltas thirty - one ( 3 1 ) trailers. Even assuming a total of 62 cars for the entire park, this represents less than two thirds of the parking spaces due to be provided in the stopping center. This would indicate a minimum of a 50% increase in automobiles utilizing the site at a peak period; therefore vehicular noise will similarly be increased. However, more of the potential uses of the slopping center are likely to be daytime and early evening users, thereby limiting the time of day to reasonable hours when potential noise problems might occur. August 13, 1987 Page 2 PLANNED DEVELOPMENT PERMIT NO. 1064 ZONE. CHANGE NO. 2813 ADDENDUM TO INITIAL STUDY 7. New light and glare will be introduced as a result of the proposed project. Illumination from stores signs, parking lots and vehicular traffic will contribute to an increase in existing light and glare. The particular sitting of the buildings that is proposed on the site is expected to minimize transmission of light and glare to adjacent property. The overall impact of new light and glare is not expected to adversely impact the vicinity. 8. A substantial alteration of the present land use will occur as a result of this proposal. A 31 space trailer park will be replaced with a 29,029 sq.ft. shopping center. 11. The proposal. will alter the location, distribution, and density of the human population of the area by changing a residential use to a commercial. use. The residential uses will be dispersed. 12. Due to the closure of a trailer park, a demand for replacement trailer spaces will be created. Replacement trailer space is a regional problem. Very limited replacement spaces are known to exist within Ventura County. Alternatives dealing with other forms of housing for the residents of the trailer park are limited. Most qualify as low and moderate income families. Federally assisted housing programs subsid.Czing rP:its to qualified families have long waiting lists. No affordable housing is c,urrcntly a ✓3ila1)le within Moorpark. Although the park has space for 31 trailers only 27 are currently occupied. Relocation assistance will be provided by the applicant. 17-1. A substantial amount of additional vehicle movement will be generated by this project. However, the traffic generated will not significantly impact key int.ersecti.ons in the City. Please refer to the traffic study dated .July 28, 1987 by l,innscot.t, Law, and Greenspan. ];Vert with certain intersection improvements made, the level of service is not: expected to change. "I'he study specifically notes that. any incr.case in the intersection capacity utilization is riot. expected to be considered significant. This is due to the estimation that many of the shopping center patrons arcs probably already driving by the site. b. A demand for new parking will be created by the project proposal. However current- Municipal Code requirements will. require a specific number of spaces to serve the proposed project. August 13, 1987 Page 3 PIANNED DEVELOPMENT PERMIT NO. 1.064 ZONE M. NGF. NO. 2813 ADDENDUM TO INITIAL S'T'UDY C. A substantial impact may occur with respect to State Highways 23 and 118, due to the conversion of the site. to a shopping center and the resultant .increase. However design features of number of driveways and their remote locations with respect to the corner of the site will help mitigate the impact on the two State Highways. f. An increase in traffic hazards with respect to motor vehicles, bi.cycli.sts and pedestrians wi.11 occur as in the case in any development project where the site potential is intensified. Design features of the site such as setbacks, sight distance requirements driveway and aisle widths will help mitigate traffic safety concerns and potential hazards. 21.c. A cumulative impact will result with respect to traffic. The project alone is not expected to significantly impact the vicinity or the City as a whole. However it will have a cumulative impact when considered with other existing » *-ojec.ts anti projects pending approval. P!-() A RESOLUTION OF THE APPLICATION PERMIT NO. 1064. RESOLUTION NO. PC -87 -150 THE PLANNING COMMISSION OF THE CITY OF MOORPARK DENYING OF TOPA MANAGEMENT PARTNERSHIP FOR A PLANNED DEVELOPMENT WHEREAS, pursuant to the provisions of Article 43 of Chapter 1 of Division 8 of the Moorpark Municipal Code (beginning at Section 8163 -0), the applicant, Topa Management Partnership has requested a Planned Development Permit; and WHEREAS, studies and investigations were made, and staff reports and recommendations were submitted; and WHEREAS, pursuant to the requirements of Article 5 of Chapter 3 of Title 7 (beginning at Section 65300) of the Government Code of the State of California ( "the Planning Commission and Zoning Law "), the City of Moorpark has adopted a General Plan, which plan contains each and every element required to be included in such a plan by Section 65302 of the Government Code; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act JDivision 13 of the Public Resources Code of the State (beginning at Section 21000)1, ; and WHEREAS, this Commission, upon giving the notice required by the provisions of Article 2 of Chapter 4 of Title 7 of the Government Code (beginning at Section 65850), did, on the 17th day of August, 1987, conduct a public hearing as prescribed by law in order to consider said application for Planned Development Permit No. 1063. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK RESOLVES AS FOLLOWS: SECTION 1 (a) The proposed Planned bevelupillu ilk. I ' conSisterit with the Moorpark General Plan. SFClION 2. This Commission cannot make the findirigs contained in the staff report dated August 17, 1987, which report is incorporated herein by reference as though fully set forth at this point and as amended orally at the public meeting. SECTION 3. A finding is made that this project will not have a significant effect on the environment and that a Negative Declaration has been completed in compliance with C.E.Q.A. and the State EIR Guidelines issued thereunder, and that this body has reviewed and considered the information contained in the Initial Study and Negative Declaration. (b) The public convenience, general welfare, or good zoning practices does not: ,justify the granting of the request at this time in that the project has not hoon designed conforming to the General Plan with respect to land use in that the Land Use classification of the General Plan is Commercial Office and that the proposed retail shopping center does not conform with he intent of the General Plan. SFClION 2. This Commission cannot make the findirigs contained in the staff report dated August 17, 1987, which report is incorporated herein by reference as though fully set forth at this point and as amended orally at the public meeting. SECTION 3. A finding is made that this project will not have a significant effect on the environment and that a Negative Declaration has been completed in compliance with C.E.Q.A. and the State EIR Guidelines issued thereunder, and that this body has reviewed and considered the information contained in the Initial Study and Negative Declaration. SECTION 4. The finding is made that the project as proposed is { inconsistent with the adopted General Plan of the City of Moorpark. The site of the proposed project is classified as Commercial Office and this project is for a retail shopping center. SECTION 5. The Planning Commission finds that the availability of existing neighborhood and convenience shopping in the vicinity is adequate and the proposed project would result in a proliferation of neighborhood shopping centers in the City of Moorpark. SECTION 6. The proposed use will be detrimental to the public health, safety, welfare, and to the property in the vicinity in which the use is situated. SECTION 7. The imposition of conditions upon the requested use will not adequately or significantly mitigate the above described injurious, detrimental effects. SECTION 8. The application of Topa Management Partnership is hereby recommended for denial to the City Council. SECTION 9. At its meeting of August 17, 1987, this Commission took action to direct staff to prepare a resolution to recommend a denial of Planned Development Permit No. 1064 to the City Council; said resolution to be presented for consent calendar approval at the next regular scheduled meeting. The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioners Montgomery, Lawrason, Butcher, Holland, Wozniak; NOES: None. CHAI W N PRESIDING ATTESI : AFPr VEU A5 iii C--O v i ��v i : U Celia LaFlour, Acting Secretary atrick i hards Director 9 Community Uevelopm,. I HE=RF13Y CERTIFY that the foregoing resolution was dull adopted by the Planning Commission (if the City of Moorpark, California, at a regular meeting held on the 8th day of September, the following vote: AYES: Commissioner Butcher, Lawrason, Wozniak and Montgomery; NOES: None; ABSENT: Commissioner Holland. ATTEST: Celia LaFleur, Acting Secretary RESOLUTION NO. PC -87 -149 A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL, DENIAL OF THE APPLICATION OF TOPA MANAGEMENT PARTNERSHIP FOR A CHANGE OF ZONE CLASSIFICATION FROM TPD (TRAILER PARK DEVELOPMENT) TO C -2 (GENERAL COMMERCIAL) AND RECOMMENDING APPROVAL FOR A CHANGE OF ZONE FROM TPD TO CPO (COMMERCIAL PLANNED DEVELOPMENT) WITH CONDITIONS, FOR TI4AT CERTAIN PROPERTY CONSISTING OF 2.23 ACRES, LOCATED AT THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND SPRING ROAD. WHEREAS, pursuant to the provisions of Section 8164 -0 of the Moorpark Municipal Code, the applicant, Topa Management Partnership has requested a change of zoning classification Zone Change No. 2813 for that certain 2.23 acre site located, in the City of Moorpark, and known as Ventura County Assessor's Parcel No. Portion of 506- 0- 02 -36, from its present zoning classification of TPD (Trailer Park Development to zoning classification C -2 (General Commercial); and WHEREAS, studies and investigations were made, staff reports and recommendations w,,ra submitted; and WHEREAS, pursuant to the requirements of Article 5 of Chapter 3 of Title 7 (beginning at Section 65300) of the Government Code of the state of California ( "the Planning and Zoning Law "), the City of Moorpark has adopted a General Plan, which plan contains each and every element required to be included in such a plan by Section 65302 of the Government Code; and be included in such a plan by Section 65302 of the Government Code; and WHEREAS, this Commission has reviewed and considered the Initial Study and Negative Declaration on the project; and WH ERFAS, this Commission, upon giving the notice required by the r ; „ „f Artirlo 2 of Chanter 4 of Title 7 of the Government Code (beginning at Section 65905), did, on the 17th day of August, i96 /, conduct a pu.)i ;t- r,":ariny as prescribed by law in order to consider said application for a change of zone. NOW, lHFRFFORF, THE PLANNING COMMISSION OF lliF CITY OF MOORPARK RFSOLVFS AS FOLLOWS: SFCI ION 1. Pursuant to the provisions of the California Invironmental Quality Act €Division 13 of the Public Resources Code of the State of California (beg innirig at Section 210001, the Planning Commission of the City of Moorpark recommends approval of the Negative Declaration to the City Council. SECTION 2. (a) The proposed zone change is generally consistent with the Moorpark General Plan. However the zone classification of CPO, Commercial Planned Development would be more appropriate and in keeping with current zoning practice. (b) The public convenience, general welfare and good zoning practices justify the zone change with conditions. SECTION 3. In accordance with Section 8164 -30 of the Moorpark Municipal Code this zone change to CPO is restricted in land uses of commercial office nature with retail uses to only support commercial office uses. Also, a covenant to run with the land is imposed for such land use limitations. Such covenant to be recorded and running with the land. SECTION 4. The findings contained in the staff report dated August 17, 1987 which report is incorporated herein by reference as though fully set forth at this point and as amended orally at the public meeting, are hereby adopted. SECTION 5. The application of Topa Management Partnership (ZC- 2813), to change the zone classification (as modified by the Planning Commission), of Ventura County Assessor Parcel No. Portion of 506- 0 -02 -36 from TPD (Trailer Park Development) to CPD (Commercial Planned Development), is recommended to the City Council for approval. SECTION 6. That at its meeting of August 17, 1987, the Planning Commission took action to direct staff to prepare a resolution with attached conditions, said resolution to be presented on the Consent Calendar at the next regularly scheduled meeting. The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioners Montgomery, Lawrason, Butcher, Holland, and Wozniak; NOES: None. PASSES, APPROVED AND ADOPTED this 8th day of September. CHAIR", PRESIDI`NG: AT ?EST: APPROVED AS TO C CQlis IaIleur, Actinq Secretary Pa rick J. R cta s, Director of Community Development I HLREI3Y CERTIFY that the foregoing resolution was duly adopted by the Planning Commission of the City of' Moorpark, California, at a regular, meeting held on the 8th day of September, the following vote: AYES: Commissioner Butcher, Lawrason, Wozniak and Montgomery; NOES: None; ABSENT: Commissioner Holland. ATTEST: Celia La Fleur, Acting Secretary 70 MANAGEMENT COMPANY Moorpark City Council 799 Moorpark Avenue Moorpark, CA 93021 December 9, 1987 Re: P D 1064 Honorable Members of the Moorpark City Council: This letter is to request your consideration for relief from some of the conditions imposed upon our proposed development at Los Angeles Avenue and Spring Road. The conditions requiring your consideration are: Community Development Department Conditions: l.j. "he condition requires us to defend the City against any action brought against the City as a result of issuing the permit. If we comply with all ordinances it seems unfair to be required to defend what would have to be an attack of a City Ordinance. To the extent a variance or conditional use permit were granted, then we would -.ssume the Lisk and responsibility but only to the extent of that variance or conditional use not with regard to existing City ordinances. City Engineer Conditions: I.C. Road Improvements. While we do not agree that the City can establish a rational connection between the need for the widening of both streets and the impact of our project we will agree to the dedication of 9' oii Los Angeles Avenue and 4' on Spring Road as required. We will also complete the required road way improvements on the south side of Los Angeles Avenue and and the west side of Spring Road for the frontage of our property on both streets. However, we feel that the traffic signal modification is a benefit and requirement which extends far beyond and need caused by our development and we feel that the cost should be borne by the Los Angeles Avenue - 1000 AVENUE OF THE STARS SUITE 1400 LOS ANGELES. CALIFORNIA 50067 -4216 1213) 203 -9199 10pa Moorpark City Council December 9, 1987 Page Two Improvement Area of Contribution. 3. c. Requirement to construct storm drain along Spring Road. It is completely beyond our ability to construct the required storm drain and wait for reimbursement from the Contribution Fund. We are unable to finance public works projects. 3. d. Improve Spring Road -Los Angeles Avenue intersection: Again, the intersection improvements are properly allocated to the Contribution Fund. However, this developer cannot front the money and wait for eventual reimbursement which may be years in coming. Missing City Engineer Conditions: There is a requirement to make an irrevocable offer to dedicate an additional 11 feet of road way width along the property frontage on Los Angeles Avenue. This requirement by its very nature constitutes a public taking without compensation. The fact LhaL it is for future or ultimate road way alignment establishes that there is no rational connection between our development and this requirement. Therefore we feel that an irrevocable offer to purchase rather than to dedicate the additional road way is With these exceptions we can accept all other conditions and respectfully request your approval of our development. Very truly yours, TOPA MANAGEMENT COMPANY Paul R. Gienger Vice President cc: c/o Wildan Assoc. Moorpark City Engineer