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.
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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.
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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
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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
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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