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HomeMy WebLinkAboutAGENDA REPORT 1988 0106 CC REG ITEM 09BJOHN 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 'TEMP. M E M O R A N D U M 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 TO: The Honorable City Council le." 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, general commercial is the closest appropriate land use category to the desired commercial office category. From 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, Califomia 93021 (805) 529-6864 PT)l ()AdW /PrArP -N1lA 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 TO: FROM: DATE: SUBJECT: MOORPARK 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) ITEM 9A. STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Developmen 4 W*1 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. shopping 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 - Of£ice ". Only a small portion of the C -0 classified land is proposed for retail commercial development . The land use compatibility matrix of the General Plan shows all commercial zones as compatible with all commercial land use categories; therefore, 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 Plan. The Commission would 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 PD1064A /PCAGENDA 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:Cs 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 regulary scheduled meeting of January 6, 1988. EXHIBITS: 1. Two staff August 13, 2. Resolution 3. Site Plan 4. Elevations PJR:MAR:crl PD1064A /PCAGENDA reports to the Planning Commission dated 1987; Nos. PC -87 -149 and 150 MOORPARK ITEM t/u CLINT HARPER, Ph.D. STEVEN KUENY Mayor City Manager •" `'�. ELOISE BROWN Po so CHERYL J. KANE Mayor Pro Tern F ° ? City Attorney THOMAS C. FERGUSON • PATRICK RICHARDS, A.I.C.P. Councilmember O Director of JOHN GALLOWAY Community Development Councilmember 9a : R. DENNIS DELZEIT JOHN PATRICK LANE °4,,�a ��" City Engineer Councilmember JOHN V. GILLESPIE MAUREEN W. WALL Chief of Police City Clerk STAFF REPORT TO: THOMAS P. GENOVESE City Treasurer Applicant: Subject: Location: Assessor Parcel No.: Site Size: Floor Area: Building height: General Plan/ Zoning: Surrounding Zoning/ Land Use: MOORPARK PLANNING COMMISSION 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 -4216 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 (2...2.3 acres) 27,594 square feet (three separate buildings of 7,996 Bldg. Al 16,492 {Bldg. BI and 3,106 (Bldg. C1 18 feet general height, 2.4 feet maximum height at corner arcade. Commercial Office /TPD trailer 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 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Case No.: Planned Development Permit No. 1064 (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. Ease No.: Planned Development Permit No. 1064 August 13, 1987 (Related Case No.: Zone Change No. 2813 Page 3 Applicant: TOPA MANAGEMENT PARTNERSHIP Date of Meeting: August 17, 1987 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 the areas will remain as additional 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 the Planning Commission review the 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 (Related Case No.: Zone Change No. 2813 Applicant: TOPA MANAGEMENT PARTNERSHIP Date of Meeting: August 17, 1987 Recommended Action: 1. Make the following findings: August 13, 1987 Page 5 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 considered the information contained in the Negative Declaration. 3. Direct staff to prepare a resolution recommending to the City Council to conditionally approve Planned Development Permit No. 1064 for consideration_ at its next regular meeting_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 be required to hold a public hearing on this matter. EXHIBITS: 1. Location Map; 2. Negative Declaration; 3. Excerpt from General Plan; 4. Site Plan; 5. Elevations. CASE NO.: PO -1064 August 13, 1987 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 1 DATE OF MEETING: AUGUST 17, 1987 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 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 -O 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 Development may, at 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. q. 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 Community Development. 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. CASE NO.: PD -1064 August 13, 1987 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 2 DATE OF MEETING: AUGUST 17, 1987 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS_GONT.) 1. GENERAL REQUIREMENTS (CONT.): If in the future, any use or uses are contemplated on the site differing from that specified in this permit, either the permittee, owner 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 -D 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 permittee agrees as a conditions of issuance (or 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 any 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 FOLLOWING 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 Director of 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. CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT.) August 13, 1987 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 Meer -park Road. >ro 'J 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 the total design of the proposed 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. CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS_(CONT._) August 13, 1987 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 abutting 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 Los Angeles Avenue. 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. CASE NO.: PD -1064 August 13, 1987 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 5 DATE OF MEETING: AUGUST 17, 1987 COMMUNITY_ DEVELOPMENT DEPARTMENT CONDITIONS (CONT.) 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 letter 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 agreement; said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may 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. CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 August 13, 1987 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 at 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 PD -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. CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 CITY ENGINEER'S CONDITIONS August 13, 1987 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 improvements; 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: - Moorpark Road is to be constructed per Plate B -2B for all improvements west of centerline. A meandering sidewalk will be constructed along Moorpark 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 City right -of -way. - 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 Moorpark Road and Los Angeles Avenue following the completion of all street improvements. An erosion control plan shall be submitted for review CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 CITY ENGINEER'S_ CONDITIONS CONT. August 13, 1987 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 calculations prepared by a 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 indicate the following conditions before 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. i. The developer shall have prepared a geotechnical 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 developer shall offer for dedication to the City of Moorpark a street right -of -way of sufficient width along Moorpark Road to provide an ultimate right of way of 47 ft., west of the centerline of Moorpark 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 Moorpark Road along the entire frontage of the project except for approved access road(s) as delineated on the approved site plan. CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 CITY ENGINEER'S CONDITIONS (CONT.1 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 requirements of subdivision (e) of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report; - 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. No storm water flows from 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. CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 CITY ENGINEER'S CONDITIONS_ CONT_._J August 25, 1987 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 to evaluate and make 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 Fund subject to review and approval by the City. The total reimbursement shall not exceed $225,000. CASE NO.: PO -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 CITY ENGINEER`S CONDITIONS (CONT.) BRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: August 25, 1987 PAGE 11 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. - Southbound right turn overlap signal phasing. - Westbound right turn overlap signal phasing. V WILLDAN ASSOCIATES 374 POLI ST., SUITE 101, VENTURA, CA 93001 ENGINEERS •PLANNERS (805) 653 -6597 i BY MSW DATE 8-7 -87 PROJECT PD-1064 (TOPA) SHEET OF CK'D DATE LOCATION JOB N4. 30117 SUBJECT LOS ANGELES "E. NEW LOS ANGELES "E. POST - PROJECT CONFIGURATION 0 EXHIBIT A� �o N f- N M 44-i � _q N T N POST - PROJECT CONFIGURATION 0 EXHIBIT A� WILLDAN ASSOCIATES 374 POLI ST., SUITE 101, VENTURA, CA 93001 ENGINEERS • PLANNERS (805) 653 -6597 / BY MSW DATE 8 -6 -87 PROJECT PD -1064 (TOPA) SHEET OF / CK D DATE LOCATION JOB NQ. 30117 SUBJECT LOS ANGELES AVE. N 1"= 40' a O ac Y a a 0 2 4 23 I I I' I ►o 94' I 34 (D' [77 , 30 64' to Io 11' )4'e 4 Y � f 4 23 I I I' 10' ►o +� I I I► z' 34 (D' [77 , \ NEW LOS ANGELES AVE. ULTIMATE CONFIGURATION -� After Freeway Connection EXHIBIT "ll CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS August 13, 1987 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 directly under any overhead lighting which could cause a loss of light at ground level. e. Front door entrances shall be visible from the street. f. Monument signs shall 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 site. b. Construction equipment, tools, etc., shall be properly secured during non - working hours. 3. PRIOR TO OCCUPANCY, THE 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. CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 VENTURA COUNTY SHERIFF'S_ DEPARTMENT CONDITIONS (CONT.-) August 13, 1987 PAGE 13 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 acess may be made. c. Address shall be clearly visible to approaching emergency vehicles and mounted against a constasting color. d. Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 VENTURA COUNTY FIRE DEPARTMENT CONDITIONS August 13, 1987 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. c. 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 Fire 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- 112 -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. CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 VENTURA COUNTY FIRE DEPARTMENT CONDITIONS August 13, 1987 PAGE 15 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. CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP DATE OF MEETING: AUGUST 17, 1987 VENTURA COUNTY ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS August 13, 1987 PAGE 16 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. 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: MOORPARK STAFF REPORT TO: MOORPARK PLANNING COMMISSION Case No. ZONE CHANGE NO. 2813 TOPA MANAGEMENT PARTNERSHIP 1800 Avenue of the Stars Los Angeles, California 90067 -4216 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 A request to change the zone from TPD Trailer Park Development to C -2 General Commercial. The project site is approximately 2.23 acres in size and located at the southwest corner of Los Angeles Avenue and Moorpark Road. Assessor Parcel No.:506 -0- 020 -36. Site Size: 97,298 square feet (2.23 acres) Summary: Zone Change No. 2813 is proposed to facilitate construction of a 27,594 sq.ft retail shopping center. A planned development permit is also required (see related Case No. PD- 1064). Recommendations: Find that the zone change will not have a significant effect on the environment and recommend to the City Council for a change in zone from Trailer Park Development to Commercial Planned Development for the subject site. I. Summary of Proposed staff's findings for Land Use/Zoning/General Plan a. Current Land Use: Trailer Park b. Adjacent General Plan Land Use: North: Residential Medium Density (4DU /AC Average) South: Commercial Office East: General Commercial West: Commercial Office 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Case No.: Zone Change No. 2813 August 13, 1987 Applicant: TOPA MANAGEMENT PARTNERSHIP Page 2 Date of Meeting: August 17, 1987 C. Compatibility of proposed with surrounding Land Uses: YFS d. Present Zoning: TPD (Trailer Park Development) e. Proposed Zoning: C -2 General Commercial f. Adjacent Zoning: North: R -1 (7000) /Residential Single Family South: R -1 Residential Single Family East: CPD Commercial Planned Development West: R -1 Residential Single Family g. Compatibility of proposed project with zoning: Will bring the property into conformance with the adopted General Plan and amendments thereto. h. General Plan Designation: Commercial Office i. Applicable Land Use Regulations: Moorpark General Plan II. History: a. General Plan Amendment 84 -2 was approved by the City on October 24, 1984, which amended the Land Use Element to Commercial Office. b. Zone Change Case No. 2813 was filed on March 23, 1987. III. Project, Staff Testimony and Proposed Findings: a. Applicable Land Use Regulations: 1. General Plan. 2. The General Plan lists the following goals and policies. (See Excerpt from the Land Use Element of the General Plan_ Existing and adjacent land use: a. To the north and west of the subject site are single family residences, to the east is a service station and a shopping center (under construction), south is a construction company office and yard. Natural features and infrastructure: 1. Natural features: The site is relatively flat with gentle slope to the arroyo. Case No.: Zone Change No. 2813 Applicant: TOPA MANAGEMENT PARTNERSHIP Date of Meeting: August 17, 1987 August 13, 1987 Page 3 2. Infrastructure: a. Sanitation - the subject site is connected to the local sewer system. b. Water - The project site is located within Water Works District No. 1. Sufficient resources exists to service the site. C. Flood Control - Flooding problems are not associated with this site. d. Police and Fire - This project does not appear to create additional costs for surveillance. Existing fire protection facilities within the area are adequate to service the site. The project is not located in a high fire hazard area. e. Traffic and Circulation - The proposed change in zone will increase trips per day. However, this will be analyzed at the time of application for a Planned Development Permit. Public Comments Received No written comments have been received at the present time addressing the proposed change of zone. IV. Zoning Compliance Section 65860 of the California Government Code states that zoning be consistent with the officially adopted General Plan of any City of the County. And in the event that a Zoning Ordinance becomes inconsistent with a General Plan by reason of amendment to such a plan, or any element of such a plan, such a Zoning Ordinance shall be amended within a reasonable time so that it is consistent with the General Plan as amended. The requested change of zone is generally consistent with the City's adopted general plan, identified by Table 9 of the land use element as amended by Resolution No. 86 -318. Based upon the above, the following findings would be required: a. The proposed rezoning is consistent with the Moorpark General Plan. b. The public convenience, general welfare and good zoning practice justifies the zone change. C. The effects of this zone change has considered the housing needs of the region and balanced those needs against the public service needs of its residents and available fiscal and environmental resources. Case No.: Zone Change No. 2813 Applicant: TOPA MANAGEMENT PARTNERSHIP Date of Meeting: August 17, 1987 V. Fnvironmental Impacts August 13, 1987 Page 4 a. An initial study and Negative Declaration has been completed. A finding has been made that the project will not have a significant effect on the environment. VI. Discussion 1. If the Planning Commission recommends a Commercial zone for the subject site, it would be compatible with adjacent residentially zoned land and land within the vicinity. 2. To the west and south of the subject site is also designated a Commercial Office on the General Plan. A future zone change request on the adjacent property would create consistent zoning in the vicinity. 3. Since the General Plan Amendment was approved by the City Council approximately 2 years ago (October 24, 1984), State Law states that a municipality should have consistency between the General Plan and zoning within a "reasonable time period ". Therefore, a zone change should occur soon, to meet State Law requirements but may be postponed until consideration of a Planned Development. 4. The applicant has applied for a change of zone from TPD Trailer Park Development to C -2 General Commercial to facilitate construction of a proposed shopping center. The C -2 zone would permit the proposed use. However, the CPD Commercial Planned Development zone is preferred by the staff and would still permit the proposed project. Both zones still require a planned development permit. To utilize the CPD zone would make use of a more current zoning practice. 5. A discrepancy presently exists with respect to City records reflecting the designated general plan land use for this parcel. The present map of the land use element of the general plan shows a C -2 general commercial land use category. However, the vicinity of the subject property was amended by Resolution No. 84 -148 on October 24, 1984 to place this and surrounding property to the west and south in a "Commercial Office" category. The commercial land use categories in the land use element are generally consistent with either the proposed C -2 or recommended CPD zone. VII. Summary The project is located in an area determined by an amendment to the General Plan as Commercial Office. The zone change request is compatible with surrounding uses and zoning according to Table 9 of the General Plan Land Use Element. Case No.: Zone Change No. 2813 August 13, 1987 Applicant: TOPA MANAGEMENT PARTNERSHIP Page 5 Date of Meeting: August 17, 1987 VIII. Alternative a. Recommend the requested zone change to the City Council. b. Recommend the staff preferred alternative of Commercial Planned Development.. C. Deny the zone change request. IX. Recommendation a. Make the following findings: 1. The proposed project will not have a significant effect on the environment and that this Commission has reviewed and considered the information contained in the Negative Declaration and approved the attached Negative Declaration having been completed in 2. Approve the staff requested alternative of the CPD for the subject property. compliance with State CEQA Guidelines issued thereunder; and b. Direct staff to prepare a resolution recommending approval to the City Council of Zone Change No. 2813. Exhibits: 1. Existing Zoning Map 2. Negative Declaration CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE. MOORPARK, CALIFORNIA 93021 NEGATIVE DECLARATION _X MITIGATED NEGATIVE DECLARATION I. PROJECT DESCRIPTION_: 1. Entitlement: Planned Development Permit No. 1064 & Zone Change No. 2813 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_ Southwest corner of New Los Angeles Avenue and Moorpark Road. AP# 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 significant impacts can be satisfactorily mitigated through adoption of the following identified measures as conditions of approval. MITIGATION MEASURES — INCLUDED TO _ AVOID POTENTIALLY EFFECTS: �— -- - - - - -- -- - - -._. -- -- - - ...- — - - - -- - - -- - -- -- - -- 1. Lim.i.ted 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 be provided in the displacement of trailer park residents. 4. Existing trees are subject to City's Urgency Ordinance regarding tree preservation. III.PUBLIC REVIEW: 1. Legal Notice within 300 feet 2. Document Postin Method:Direct mailing to property owners YES Period:_ August 3, to August 17, 1987. Prepared by: Se 'o Planner A Approved by: Director of Community Y I O-e D e p t Michael A. cabin P trick J. Rf ands Name /Date ame /Date EXHIBIT 2 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 located in the community should be encouraged to locate there providing community make up or market data indicates a need. Policy 2 New commercial development should incorporate good design 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 parking areas and landscaped areas. Policy 3 To encourage commercial developments to adopt a harmonious architectural style with appropriate landscaping and buffer areas. Policy 4 To 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 2. Project Description Topa Management Partnership Proposed Change from T -P -D Trailer Park Development to C -2 General Commercial and Planned Development Permit to facilitate 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. II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) YES MAYBE NO 1. EARTH. Will the proposal result in: a. Unstable earth conditions or in changes X in geologic substructures? b. Disruptions, displacements, compaction or X overcovering of the soil? — C. Change in topography or ground surface X _ relief features? d. The destruction, covering or modification of X any unique geologic or physical features? e. Any increase in wind or water erosion of soils, X either on or off the site? f. Changes in deposition or erosion of beach sands, X or changes in situation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic X hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? YES MAYBE NO 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, J� 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? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. 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? 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)? b. 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 or wildlife habitat? 6. NOISE. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? 7. LIGHT AND GLARE. Will the proposal produce new light or glare? 8. LAND USE. Will the proposal result in a substantial alteration of the present or planned land use of an area? 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 �l z - - W YES MAYBE NO 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? 12. 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 N>c� _ 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, X _ bicyclists or pedestrians? 14. PUBLIC SERVICES. Will the proposal have an effect upon, or result in a need for new or altered governmental servies in any of the following areas: a. Fire protection? b. 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? %" 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: a. 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- tion of any scenic vista or view open to the public, or will the proposal result_ in the creation of an aesthetically offensive site open to public view? 19. RECREATION. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. ARCHAEOLOGICAL /HISTORICAL. Will the proposal: a. Affect possible unknown archaeological or historic- al sites? b. 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 a 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? x 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 substantial adverse effects on human beings, either directly or indirectly. III. RECOMMENDATION On the basis of this initial evaluation: _ In conformance with Section 15060 of the State EIR Guidelines, I find with certainity that the proposal would not have a significant impact on the environment. I find the proposed project is categorically exempt pursuant to class I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATIOdN. 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 ail 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, 1.987 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 over.covering 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 fans, objectionable odors may be 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 may contribute to cumulative Adverse impacts on air quality in the vicinity. There is no present mitigation measure available at this time inasmi:ch as single projects are concerned. 3.b. A relatively small amount of the existing 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 the increased runoff. 6.a. The primary on site source of noise generation is anticipated to emanate from vehicular traffic. At present the existing trailer park has thirty -one (31) 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 shopping 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 subsidizing rents to qualified families have long waiting lists. No affordable housing is currently available within Moorpark. Although the park has space for 31 trailers only 27 are currently occupied. Relocation assistance will be provided by the applicant. 1.3.a. A substantial amount of additional vehicle movement will be generated by this project. However, the traffic generated will not significantly .impact key intersections in the City. Please refer to the traffic study dated July 28, 1987 by Linnscott, Law, and Greenspan. Even with certain intersection improvements made, the level of service is not expected to change. The study specifically notes that any increase in the intersection capacity utilization is not expected to be considered significant. This is due to the estimation that many of the shopping center patrons are 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 PLANNED DEVELOPMENT PERMIT NO. 1064 ZONE (:RANGE NO. 2813 ADDENDUM_ TO INITIAL STUDY 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, bicyclists and pedestrians will. 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 i.t will have a cumulative impact when considered with other existing projects and projects pending approval. 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 [Division 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. 1064. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK RESOLVES AS FOLLOWS: SECTION 1 (a) The proposed Planned Development Permit is not consistent with the Moorpark General Plan. (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 been 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. SECTION 2. This Commission cannot make 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. 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. 1 09/03/87 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. ATTEST: Celia La Fleur, Acting Secretary CHAI N PRESIDING fL PMVED AS TO NTENT: atrick idhards irector Community Development I HEREBY CERTIFY that the foregoing resolution was dull 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: c 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 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 prescribed by law in order to consider said application for a change of zone. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK RESOLVES 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 (beginning 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. 09/02/87 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 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 prescribed by law in order to consider said application for a change of zone. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK RESOLVES AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act JUivision 13 of the Public Resources Code of the State of California (beginning 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 CPU, 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. 09/02/87 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. CHAIRPA PRESIDING: ATTEST: APPROVED AS TO C iYENT: Celia La Fleur, Acting Secretary Trick J. 7rds, 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 NOES: None; ABSENT: Commissioner ATTEST: Celia La Fleur, Acting Secretary Butcher, Lawrason, Wozniak and Montgomery; Holland. 2 09/02/87 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. The 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 assume the risk and responsibility but only to the extent of that variance or conditional use not with regard to existing City ordinances. City Engineer Conditions: l.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' on 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 ..,. 9.' .... �. .. 1800 AVENUE OF THE STARS ' SUITE 1400 LOS ANGELES. CALIFORNIA 90067 -4216 [213] 203 -9199 7O(D MANAGEMENT COMPANY January 6, 1988 Ms. Barbara Robinson 446 E. Los Angeles Avenue Space # 27 Moorpark, CA 93021 Dear Ms. Robinson: At your request, over the past six weeks Topa has been in contact with your attorney, Saul Reiss. During our last conversation Topa made a settlement offer which was viewed both by Topa and Mr. Reiss as reasonable. Subsequent to that conversation we were advised by Mr. Reiss that he no longer represents you and that we should contact you directly. Topa has been equitable in its settlements with other residents at the trailer park. It has always been our intention to do the same with you. However this is difficult, if not impossible, without both communication and cooperation on both of our parts. To date you have not been willing to do either. Prior to contact by your attorney's office several calls were made to you and none were returned. Since we received notification that you are no longer represented by Mr. Reiss I have left several messages on your answering service machine but to date none have been returned. Yesterday we received your letter saying you have no place to relocate. We would be happy to provide you assistance in relocation alternatives however we will need to discuss the parameters. I encourage you to please contact me. Your continued unwillingness to communicate will leave us no choice but to pursue our legal options. Sincerely, TOPA MANAGEMENT COMPANY Susan K. Weintraub Development Manager cc: Patrick Richards Moorpark City Council 1800 AVENUE OF THE STARS - SUITE 1400 - LOS ANGELES, CALIFORNIA 90067 -4216 - 1293) 203 -9199 hECEIVt., JA W 5 1988 1 i - �S i i I I � el i i I j /— 3 -E(ye 4-c 4c. c2t'-�� I I fi I i i A i 4 1 i . i I I I BARBARA ROBINSON (805) 529 -2443 I I I I i I . Barbara Robinson les Ave. 446 E. Apt. #27 Moorpark, CA 93027 f 3 r i C ` 0 MANAGEMENT 70CC-00MPANY Angeles Trailer Lodge Status Report — January 6. 1988 MOVE OUTS Adragna Young Windle Norton Szoke Moss McCoy Kline Jacoby Ramirez Davidson Schaaff Woodworth Knotts Michaels Trindell Hatcher McDonald Browne Compton Paredes Lecka McConaghy Total Move Outs: 23 SETTLEMENTS MADE Salinas - move out 1/31/88 Fink - move out 3/2/88 Wigley - awaiting apt Tafoya Terrace Total: 3 NO SETTLEMENT Uribe - Current tenants are residents. Owner purchased trailer after notification by Topa that the park was closing down. Topa is working with owner to settle. Robinson - Mrs. Robinson's attorney is no longer representing her. No progress in settlement. Total: 2 1800 AVENUE OF THE STARS • SUITE 1400 - LOS ANGELES, CALIFORNIA 90067 -4216 [2131203-SIBS n J %a TABLE 9 COMPATIBLE ZONING COMPATIBILITY MATRIX (y -+l � L�J NOT COMI'ATISLE ZONE DISTRICTS RESIDENTIAL/ AGRICULTURE COIF- MERCInL IN- DUSTRIAL Less Than High LOT SIZE 40 Acres 20 Acres 10 Acres 5 Acres 2 Acres I Acre 1/2 Acre 1/4 Acre 1/4 Acre Density EXAMPLE ZONES A -E A•E-P -20 A•E -P R -A -5 Ac R -A -Z Ac R -A R -I. 20,000 R -1- 10,000 R-1 -6,000 R -2 C -P -O M -1 0-S-40 Ac R -A -20 R -A -10 R -E -5 AC R-E-2Ac R -O -IAc R -O -5F R -1. 13,000 R -1 -7,000 R-3 C -I M-2 A- E -P -40 O -S -20 O =S -10 (and over) R -E -IAc R- E-20,000- R-1- 15,000 R -1 -8,000 T -P -D C -2 0 -S -30 0 -S -15 R -I -IAc 5F R -E R -I -9,000 R -P -D -6 (and over) l- PLAN MAP A-E -P -30 A- E -P-IS R -P -D-2 R -P -0 -4 R -P -0.6 CATEGORIES fond under) (and under) (and under) RESIDENTIAL Rural low 1 O.U. /6Ac. ® 0 ' n�in. f D. U. /IAc. Tin. Low ® ® • a I. I- t o D.U./At. MqdIWM low AVA 2.I -J.0 O.U.JAe. 2.1-3. d I u ® ® /A 1V ® —` 0 �P 5 . 1 - S.. 0 D.U. /Ac. 3. ® ® ® 0 5. - 1 5.1 -I0.0 D.U. /Ae. r n ® ® ® ® • 0 O 0 10. I Io- 2 0 0 D.u. Me. COMMERCIAL • INDUSTnIAL 0 AcnICULTURAL ` A0. i IO -40 Ac /D.U. Ap. 2 40+ Ac. /D.U. 0 Oro. 10-40k. S. I/1 /D.U. �0 S. 2 40 +Ac. /D.0 blz- Awt►�P� 3l AD b�D /{ C3Y per " I A . �L S (.,;: CpcJ•V c� directed to study the feasibility of establishing a redevelopment area encompassing the area which was included in the 90 -day study area designated by the Council at a previous meeting. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, and Mayor Pro Tem Prieto; NOES: None; ABSTAIN: Mayor Yancy- Sutton. Mayor Pro Tem Prieto then returned the gavel to Mayor Yancy- Sutton, who then presided over the meeting. Moved by Councilmember Straughan and seconded by Councilmember Harper that the remaining properties delineated on EXHIBIT A be considered by the,Planning Commission; that the Planning Commission be requested to consider the establishment of "Commercial Office" land use designation, with the permitted uses in such a designation to be those in the current "Commercial Office" Zone, and that conditional use permits be required for residential, hotel and motel uses; and that staff be directed to include this area in the study regarding the feasibility of establishing a redevelopment area, as above set forth. Motion carried by the following roll call vote: AYES: Councilmembers Straughan,,Harper and Prieto NOES: Councilmember Beaulieu and Mayor Yancy - Sutton; ABSENT: None. RECESS The Mayor declared a recess, the time being 10:30 P.M. The meeting was reconvened at 10:40 p.m., all members of the Council being present. 7.F. Enforcement of Traffic and Parking Violations - Varsity Park Plaza Shopping Center The City Manager gave an overview of the subject matter and the City Clerk presented affidavit of mailing of notice of this hearing to the owners of the subject property, which affidavit was ordered received and filed. The public hearing was declared open and the following person spoke in support of the request for enforcement of traffic and parking violations in the shopping center: Phil Vein, 6685 Princeton Avenue, Moorpark 93021 N +� • � `6c}' -- � . �� VV,, find _ 7F t o "- ca�S�s�'' -�, f � � ♦ ti C�`t — y► �.r�- � mow,,, p1 � �� ` am LETA YANCY - SUTTON Mayor ALBERT PRIETO Mayor Pro Tom ROGER BEAULIEU Councllmember CLINTON D. HARPER Councllmember JERRY STRAUGHAN Counclimember DORIS D. BANKUS City Clerk JOHN C. GEDNEY Cily Treasurer MOORPARK A G E N D A ADJOURNED CITY COUNCIL MEi.T 1 ( Wednesday, 7:00 P.M. STEVEN KUENY City Manager CHERYL J. KANE City Attorney NIALL FRITZ Director of Community Development R DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL ,4. APPROVAL OF MINUTES - Adjourned Regular Meeting of October 10, 1984 5. REPORTS FROM STAFF A. Agreement with County to Administer Multi- family Bond Program (Continued from 10- 17 -84) 6. ORDINANCES/ RESOLUTIONS A. Resolution No. 84- Approvinq Purchase of Community Center Furniture from State. B. Resolution No. 84- Extending Certain Land Use Entitlements C. Review of Environmental Document and Resolution No. 84- Approving GPA -84 -2. ,-D. Adopt Ordinance No. 33 re Terms of Commissioners 7. If EAR INGS A. Growth Management Ordinance (Continued i rnm 10- 10 -84) 8. ADJOURNMENT 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 1 October 24, 1984 Moorpark, California An adjourned regular meeting of the City Council of the City of Moorpark, California, was held on October 24, 1984, in the Council Chambers in the City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER The meeting was called to order at 7:00 p.m., Mayor Leta Yancy- Sutton presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Al Prieto. �. ROLL CALL PRESENT: Councilmembers Roger Beaulieu, Clinton D. Harper, Albert Prieto, Jerry Str_aughan and .Mayor Leta Yancy- Sutton; ABSENT: None. OTHER CITY OFFICIALS AND EMPLOYEES PRESENT: Steven Kueny, City'Manager, Niall Fritz, Director of Community Development; Lt. Arve Wells, County Sheriff's Department; and Doris D. Bankus, City Clerk. 4. APPROVAL OF MINUTES Moved by Councilmember Straughan, seconded by Councilmember Harper and unanimously carried that the minutes of the adjourned regular meeting of October 10, 1984, be approved as recorded. 5. REPORTS FROM STAFF 5.A. Agreement with County to Administer Multi - family Bond Proqram (continued from 10- 17 -84) By general consent the matter was continued to the Council Meeting of November 7, 1984. 6. ORDINANCES /RESOLUTIONS 6.A. Resolution Approving Purchase of Community Center Furniture from State Moved by Councilmember Harper and seconded by Councilmember Strauqhan that Resolution No. 84 -146, entitled: -1- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 6.B. Resolution Extendina Certain Land Use Entitlements Moved by Councilmember Straughan and seconded by Councilmember Harper that Resolution No. 84 -147, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, EXTENDING CERTAIN LAND USE ENTITLETMENTS. be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu and Prieto; NOES: Mayor Yancy - Sutton; absent; None. 6.C. Review of Environmontal Document and Resolution Approving GPA -84 -2 (GPA -84 -3 added during meeting) The City Manager stated that the City Attorney had ruled that at this time Council could act only on the A.C.Construction, Inc./ Southeast Moorpark Neighborhood Core Component and the Gilbert Component as originally described in the environmental document entitled "Environmental Impact Report, General Plan Amendment 83 -1 ", dated September 28, 1983, and that the balance of the properties the subject of the noticed public hearing of October 17, 1984, which had been continued to this meeting, must be considered as a separate amendment to the General Plan. After discussion the Mayor passed the gavel to Mayor Pro Tem Prieto and moved that the A.C.Construction, Inc /Southeast Moorpark Neighbor- hood Core Component be given the designation of GPA -84 -2, and that it be acted upon separately from the Gilbert Component, which would be given the designation of GPA -84 -3. Motion was seconded by Council- member Beaulieu and carried by the following roll call vote: AYES: Mayor. Yancy- Sutton, and Councilmembers Beaulieu, }carper and Mayor Pro Tem Prieto; NOES: Councilmember Straughan; ABSENT: None. A.C.CONSTRUCTION, INC. /SOUTHEAST MOORPARK NEIGHBORHOOD CORE COMPONENT (GPA -84 -2) Mayor Yancy- Sutton announced that she would not participate in discussion and decision of this matter because of a possible conflict of interest, and passed the gavel to Mayor Pro Tem Prieto, who then presided over the meeting. -2- l Councilmember Beaulieu raised the question of an area in the vicinity of Fremont Street being shown on the proposed General Plan Amendment as being designated partly in Commercial Office and partly in Very High, recommending that the entire area be designated as High. Moved by Councilmember Straughan and seconded by Councilmember Harper that the City Council has reviewed and considered the final Environmental Impact Report, entitled "Environmental Impact Report, General Plan Amendment 83 -1 ", dated September 28, 1983, the project description of which encompasses property considered in General Plan Amendment No. 84 -2 (A.C.Construction, Inc. /Southeast Moorpark Neighborhood Core Component), and does hereby certify the same as the Environmental Impact Report for General Plan Amendment No. 84 -2. Motion carried by the following roll call vote: AYES: Councilmembex's Straughan, Harper and Mayor Pro Tem Prieto; NOES: None; ABSENT: None; ABSTAIN: Councilmember Beaulieu and Mayor Yancy- Sutton. Moved by Councilmember Straughan and seconded by Councilmember Harper that Resolution No. 84 -148, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE MOORPARK GENERAL PLAN BY ADOPTING GPA -84 -2. l Motion carried l AYES: LVIIES : ABSENT: ABSTAIN by the following roll call vote: Councilmembers Straughan, Harper and Mayor Pro Tem Prieto; Councilmember Beaulieu; None; Mayor Yancy- Sutton. GILBERT CCMPONE11T 1%GPA -84 -3; Mayor Pro Tem Prieto handed the gavel back to Mayor Yancy - Sutton, who then presided over the meeting. Moved by Councilmember Straughan and seconded by Councilmember Harper that the City Council has reviewed and considered the final Environmental Impact Report, entitled "Environmental Impact Report, General Plan Amendment 83 -1 ", dated September 28, 1983, the project description of which encompasses property considered in General Plan Amendment No. 84 -3 (Gilbert Component), and does hereby certify the same as the Environmental Impact Report for General Plan'Amendment No. 84 -3. Motion carried by the following roll call vote: AYE'S: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy - Sutton; NOES: None; ABSENT: None. Moved by Councilmember Straughan and seconded by Councilmember Harper that Resolution No. 84 -149, entitled: -3- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE MOORPARK GENERAL PLAN BY ADOPTING GPA -84 -3. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. Moved by Councilmember Harper and seconded by Councilmember Straughan that Staff prepare a resolution for presentation to the Council, initiating zone changes on the properties covered by GPA -84 -2 (Resolution No. 84 -148) and,GPA -84 -3 (Resolution No. 84 -149) to conform to the designations as shown on EXHIBIT B, which was pre - sented to Council at its meeting of October 17, 1984, and made a part of the file for General Plan Amendment No. GPA -84 -1 (sub- sequently divided into GPA -84 -1, GPA -84 -2 and GPA- 84 -3). Motion carried by the following roll call vote: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. There was discussion regarding the subsequent use of the environ- mental document entitled "Environmental Impact Report, General Plan Amendment 83 -1 ", dated September 28,`1983, which concerned properties covered by GPA -84 -1, GPA -84 -2 and GPA -84 -3, with con- cern as to whether or not it would be deemed adequate for proposed GPA -84 -4, which would encompass the balance of the properties the subject of the noticed public hearing of October 17, 1984, as depicted on EXHIBIT B, hereina/(bove referred to. The Director of Public Works' gave a verbal report on the matter, and at the request of Councilmember Straughan, said report is set forth in this record, substantially as follows: "The General Plan presently designates the S & K property and 70% of the Catholic Church property as General Commercial. The remaining 30% of the Church site is Medium -Low Density Residential. No significant site issues associated with a change in land use designation have been identified. Also, until about 3 years ago, the S & K property was designated as Medium -Low Residential. Cumulative environmental impacts would include schools, water, sewer, air quality and regional growth plans -- 208/AQMP. Traffic impacts would be reduced with a change to residential use. The earlier action this evening on GPA -84 -2 reduced cumulative population projections within the City. If the discussed changes to the S & K and Catholic Church properties were adopted, the net population increase would be 491 people. The EIR for GPA -84 -2 dis- -4- cussed the cumulative effects of population changes of similar amounts and this report would be adequate for the proposed S & K and Catholic Church properties." Moved by Councilmember Straughan and seconded by Councilmember Harper that staff prepare and process an.amendment to the General Plan, to be designated as GPA -84 -4, to cover the balance of the promo ertties shown on EXHIBIT hereinabove referred to, and that the environmental document entitled. "Environmental Impact Report, General Plan Amendment 83 -1 ", dated September 28, 1983, be reviewed as to its adequacy for subsequent use for said General Plan Amendment No. GPA -84 -4. Motion carried by the following roll call vote: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. RECESS The Mayor declared a recess the time being 8:05 p.m. The meeting reconvened at 8:15 p.m., all members of the Council being present. 6.D. Adopt Ordinance No. 33 re Terms of Commissioners The City Manager presented.Ordinance No. 33, entitled: AN ORDINANCE OF ;.THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 2.06 OF TITLE 1 OF THE MOORPARK MUNICIPAL CODE, RELATING TO COMMISSIONS. Moved by Councilmember Harper, seconded by Councilmember Prieto and unanimously carried to waive further reading of said Ordinance No. 33. Moved by Councilmember harper and seconded by Councilmember Prieto that said Ordinance No. 33, entitled as hereinabove set forth be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Harper, Prieto, Beaulieu, Straughan and Mayor Yancy- Sutton; NOES: None; ABSENT: None. 7. HEARINGS 7.A. Growth Management Ordinance (Continued from October 10, 1984) The Mayor announced that this matter had been continued from the adjourned regular meeting of October 10, 1984 in order to permit 1 Staff sufficient time to prepare a document which would reflect l items discussed at said meeting, but that, due to severe illness of a member of the family of the Director of Community Development, he had not had time to prepare such a document. -5- /a -�'�/ ff� The Mayor introduced the representatives of residential, commercial and industrial developers in the community, who had also been in representation at the invitation of Council at its adjourned regular meeting of October 10, 1984, as follows: Urban McClellan, of Urban West Communities - residential Larry Carignan; of Janss Corporation - commercial Ed Ball, of Cabot, Cabot & Forbes - industrial. The Director of Community Development stated that even though he had not had an opportunity to prepare a written document for presen- tation at this meeting, he was prepared to discuss the ordinance which had been presented by Councilmember Al Prieto, and upon instructions from Council, proceeded to review said document and make comments. During this review by the Director of Community Development, Councilmember Beaulieu left the Council Chambers, the time being 8:35 p.m., and was absent for the balance of the meeting. There followed a discussion_ participated in by members of the City Council, the Director of Community Development, Mr. McClellan, Mr. Carignan and Mr. Ball, pertaining to various provisions of the ordinance under consideration", with specific mention being made of reservation of infrastructure capacity for approved projects, and the use of development agreements. It was unanimously agreed that Staff would prepare a growth management ordinance encompassing the matters discussed, and would distribute the document to members of the Council, as well as the representatives of the industries involved, at least a week in advance of public consideration in order to provide ample time for study. ADJOURNMENT There being no further business, the meeting was adjourned on motion by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried, the time being 9:15 p.m. APPROVED: l Mayor Respectfully submitted, DORIS D. BANKUS City Clerk December 10, 1987 Dear Mr. Richards and Planning Commission, Members: I air; unable to attend the December 16, 1987, Wednesday Planning Commission Meeting so this letter plus the last letter I wrote you will have to be my voice. I still have not found a relocatable site either, because of unavailability or financially not feasible. So if you do approve the Tapo Management Company's Commercial Rezoning application, I will then become one of the "homeless ". I truly hope this does not happen. I will have no where to go or live. My home is bought and paid for and yet I will join the many other "homeless" through no fault of my own. I am a tax paying citizen of Moorpark, does this matter? Does anyone Cure? (Besides me) I THINK NOT. Barbara Robinson Space r27 446 E. Los Angeles Avenue Moorpark, CA 93021 q. 4, -- t' Ec r-1 v t::J DEC 1`x'1987 r1TY nF MOORPW Z � Low MouNi�lnv G S LAMS SCAPIN G . W Z Q J Changes proposed by Clint Harper 1 -6 -88 ifT r � Q� Op i 6ERM�D � L_AN-D i CAP iI nr 6 1 ►� A t STvcco wA LL c s ts f 2��g / man Kiwi-AlU, E, Submission by TOPA 12 -29 -87 L, i