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HomeMy WebLinkAboutAGENDA REPORT 1988 1102 CC REG ITEM 11AJOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tern JOHN GALLOWAY Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M. PEREZ Councilmember MAUREEN W. WALL City Clerk MOORPARK ITEM /Vo4 TO: The Honorable City Council 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 FROM: R. Dennis Delzeit, City Engineer DATE: October 28, 1988 SUBJECT: Topa Management Company PD -1064 Topa's August 24, 1988 Letter Requesting Changes to City Council Conditions BACKGROUND INFORMATION The Topa Management Company letter dated August 24, 1988, attached as Exhibit "A ", requests several clarifications and /or minor modifications to the approved City Council conditions for their project (PD- 1064). Also, for the City Council's reference, enclosed as Exhibit "B ", is a copy of the conditions which are referenced in Topa's letter. In response to Topa's request, the following response comments are offered by the City Engineer's office: 1. City Engineer's Condition 3c. "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. The 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 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Page -2- 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 Los Angeles Area of Contribution Fund subject to review and approval by the City. The total reimbursement shall not exceed $225,000." RECOMMENDED ACTION a. Topa is requesting reimbursement to occur upon acceptance of the work by the City. The disbursement of the A.O.C. funds is at the City Council's discretion. Staff requests the City Council to provide direction regarding this request. b. Topa is requesting that reimbursable costs include engineering, plan check fees and permit fees. It is our opinion that these are legitimate costs associated with the construction of the reinforced concrete box and we do not object to the inclusion of these costs in the reimbursement amount. Approval of this request is recommended. 2. City Engineer's Condition 4a. In Topa's August 24, 1988 letter, Topa quotes this condition as follows: "Any direct expenses incurred by the developer relating to pavement, curb, gutter and sidewalk construction on the north leg of the Los Angeles Avenue - Moorpark Road intersection shall be reimbursed by the Los Angeles Avenue Area of Contribution Fund, subject to review and approval by the City. It is intended that the eventual developer of the northeast corner of this intersection will reimburse the Los Angeles Avenue Area of Contribution Fund for these expenses." Topa goes on to say in their letter: "This condition was contained in the conditions presented to the Planning Commission on August 14, 1987. However, the condition was omitted in the conditions presented to the City Council. To date, neither the City Engineer's office nor the Planning Department have been able to identify who requested the omission or why it was omitted. Page -3- Topa requests that this condition be added to the City Council conditions for our project with the added clarification that reimbursement for these improvements including the cost of acquisition of the right of way be upon acceptance of the work by the City." The City Engineer's comments are: The "missing" condition 4a is probably missing because it was intentionally deleted. The following explanation is offered: The funds for the Los Angeles Area of Contribution are set up to provide financing for "core" improvements along the center portion of Los Angeles Avenue. The developers adjacent to Los Angeles Avenue are responsible for constructing curb, gutter, sidewalk and approximately 20 feet of asphalt paving improvements along the frontage of their properties. Topa's contention that Condition 4a should have been included in their list of conditions seems inconsistent with the Los Angeles Area of Contribution Report. RECOMMENDED ACTION Rather than add the condition 114a" as Topa suggests, the City Engineer recommends the following condition: "Any direct expenses incurred by the developer relating to the construction of pavement, curb, gutter, sidewalk, traffic signal modification or right of way acquisition on the north leg of the Los Angeles Avenue /Spring Road intersection shall be reimbursed by the future developer of the property located at the northeast corner of said intersection. The City will enter into an agreement with the developer of PD -1064, agreeing to condition the future developer of the property at the northeast corner of said intersection reimburse the the developer of PD -1064. The agreement will be prepared by the developer of PD -1064, subject to review and approval by the City." 3. City Engineer's Condition 3d. This condition requires modification of the existing traffic signal to provide overlap signal phasing. Topa requests a minor modification to this condition indicating that the future developer of the northeast corner of Los Angeles Avenue and Spring Road will reimburse Topa for the cost of the signal modification which relates to the north and east legs of the intersection. Page -4- RECOMMENDED ACTION The adoption of the recommended condition under the previous "Recommended Action ", will incorporate the signal modifications. 4. City Engineer's Condition 1d. Topa requests a credit against its Los Angeles Avenue A.O.C. fee for the widening of Spring Road, recognizing that funding for these improvements are included in the Los Angeles Avenue A.O.C. project list. The City Engineer's comment is: The City Engineer has verified that the widening of Spring Road (formerly known as Moorpark Road) is contained in the list of funded projects in the Los Angeles Avenue A.O.C. Report. A credit to Topa, against it's Los Angeles Avenue A.O.C. fees seems appropriate. RECOMMENDED ACTION The City Engineer recommends approval of this request provided that Topa provides the City Engineer for review and approval, with documentation of costs for the improvement of Spring Road along the frontage of the project. 5. City Engineer's Condition 1g. This condition states that prior to zone clearance the specified utility poles and street lighting are required to be removed and undergrounded. Topa points out in their August 24, 1988 letter that it would be more practical to accomplish this work in conjunction with the street improvements adjacent to their property. The City Engineer's comment is: This is a reasonable and practical request. Page -5- RECOMMENDED ACTION Approve the staging of the installation of underground service to specified utility poles and street lighting to occur in conjunction with the public street improvements. :214 7 9. C� RDD : j g Encl. cc: Steve Kueny, City Manager Pat Richards, Community Development Director John Knipe, Assistant City Engineer Mark Wessel, Sr. Engineer Chris Lynch, Project Engineer JN 30568 BMO588.Con X0 CUt:fPANY Nlr. Patrick Richards c:cmr- ,amity Development Dire- -CIILU= City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: PD No. 1064 Dear Pat: Topa reauests that the following clarifications and /or minor modifications be made to the approved City Council conditions for our project. Citv Enaineer Condition 3c. ,,Prior to occupancy, an approximately 4 foot high by 8 foot wide reinforced concrete box will be constructed along the east property line. `',je '_ocation and design of the RCB c.i?.1 be reviewed and approve6 by the Ventura Count. Flooc Control District abd the City- Lncineer. The reinforced concrete box will connect to the existing 3 feet high by 5 feet 8 inch c ?CE crossing under Los Angeles Avenue. The new RCB i1'_orovide a stub -cu= .'here it meets the e}:isting RCB for a future 54 inch !:,:,in:"-Drced concrete pipe entering the east . The develc_2z mill enter into an agreement with 'the Citvof Moorpark: - be reimbursed for the construction cf this reinforced cci:;i:ete bo.: `_roT the Los Angeles r.rea Contribution cunt su. � ct to eti °�e and approval b%' the C_ti- . The total re:... :rsement shall not exceed $225,000.' This condition does ^._:t specify the timing of reimbursement tc _cra_ We recuest _larification cf this condition to stag that 1.) , eimbursement tc Topa be upon acceptance of the ..or',: by the City and 2) that reimbursable costs include enc?i.ncerinc, plan check fees and aermit fees. nG neer Condition 4a an(5 on. h° r- 1'a ..O_ -- C_ ?:>'1 Srlail be reim.)Ur Sea b,b' t.'lc ..OS v< C. I)..,i-_'".ib.,_,zlor: FU.n.c, _ubjtC_ �G re,,, a ::G 8_):)1'G'�a �rtt(,rldis_ -,nat he 1: cc-,: rr..burin L'rc ' j 4 i :uC Jt s, two LOL, ?,nycle= r.venuc 1,rea oT C:ontri - ution 'r I:na for. tn� se expenses." 'Thies condition was ccntai;,ed ir. the conditions nresentec to the Planning Commi°sicr'l On i:licust l4, i9��• nted t`_, the COnCitlUn Sdc� Omitt('C in the coneltlons pros. LO t:1E City_ Council. To date, neither the City Engineer's Dili e nor the Planninq Department have been able to ident -ry w" requested the Omission or why it was omitted. Topa requests that this condition be added to the City Council conditions for our project with the added clarification that reimbursement Tor these iatprovemen =s including the cost of acquisition of the right of way be upon acceptance of the work by the City. Currently there is appror.imately three feet of right of wcv vide the street needed along Spring Road for us to pro widening required by the City Engineer's office on the north- east corner of Los Angeles Ave. and Spring Rd. (Anderson - �: Donald's site). The cos L.ngeles A-0-C- states that il:.provements to t•_oorpark Road from Los Angeles ;ve- to. Eigh Street are to be constructed with developer's funs - The A.O. C. further goes on to sav that: I, Al thous:-: a property, " _ ght- o•�ner is normally conditioned to dedicate necessar:� �= r c` -way (R /t - :) and construe` public improvements at the time of development, the R/w and improvements are sometimes neeoec before the property owner is ready to develop. in these cz:ses _c r ;ay be necessary for the A.O.C. to buy the right ct cry from the property owner and construct the improvemen�s. '° this happens, the City will record constructive notice to serve the present and future property owners that the r0 ?C' ~y owner will be reculred to reimburse the A-0.0 payment, for R /[v acquisition and construction test _'hes costs include legal descriptions, appraisals, and other associated costU, a�s well as the P. /:: purchase and con - : --ruction costs. - dL de lcatlnc to X11_ :t �t'•t - ;a_! Gr b0�.. To:-'a _ _ i;. oLr ante'- '_�= '--- • - -'�� _n ,.;, n V - 1 C '1 `v F .: � V G rl'� .. :.i� `. •J l: `•'«' I'i � .. .-1• ,_, !1 .,:iC r:or _�i is .mo t �fli'._ `�� :. �i •`= it :. le rta nC1a_ .. .r= , !7GI -iJi -J �. - - , r F- •C i 7 "'._. Patrick Richards !. gu.;t 24, 1 u 8 8 Ya(?e .rtl,:Ce City Engineer's Condition 36. is condition require-, modification of the existino traffic signal to provide for overlap signal phasing. Topa requests a minor modification to this condition in- dicating that the future developer of the northeast_ cornet of Los Angeles Ave. and Spring Rd. reimburse Topa for the cost of the signal modification which relates to the north and East legs of the intersection. City Engineer's Condition ld. "The developer shall deposit with the Cite of Moorpark a contribution for the Los Angeles Ave. Improvement Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Improvement Area of Contribution appli- cable at the time.the Building Permit is issued." The current Los Angeles A.O.C. provides for "^:oo ::park Road widening, west side, between hew L.A. Avenue and Frrcyo Simi-4" (see L.A. Avenue AOC Miscellaneous Projects, Stec 2). ^opa requests a credit against its Los Angeleti .venue A.O.C. contrinucion for the widening of Spring Rd. (_-:eviously -no::n as Moorpark Road) from New Los Angeles t.ve. south. Since funding for these improvements are inciude6 in the :.,C.C. we are pavino a double assessment. C .tv .Ericti'heer's Condition la-(1/6/88) This condition states that prior to zone clearance the specified utility poles and street lighting be removed and oowec undergrounded. ;-.11 street imprcvements are required tto be to occupancy. The items in this condition bbl Oa formed in con3unctlo^. with the ether men;_ woz:k- To undergrcund u1"-_li' :ies prier iC;poS_ ovef " mont^ G°•_.� 1.. uJ for r completed prior should logically sIre °t improve- to Zone cicarar.ce that of th• .� _ i ,. _r� ; b_ :Dr;. r ancY -te:r, a::d _ha_ o.^.`.* notation_: on h._ c'Lans tD:� prior to tone clearance. t Mr- Patrick Richards „uuus,: 2z' 1988 �uye Four city Counci l "Wi.ndow and door trim shall incorporate use of wood rather than metal. 11 We request modification to tt:is condition allowing us to use metal window and door trim. 1, p_-opose to use a powder coatec enamel paint over an aluminur store frarc for the window mullions and doors. The teal green color would match the :Fetal handrails and stairwell railings and would coordinate wish the awning color. Additionally, wood is less durable than metal, requires more maintenance and iz not as structurally sound. Citv Council Condition lf.(1/6/88) "The fountain shall be enlarged to a 25 ft. width. Benches shall be provided in the fountain area. A 6 ft. high stucco finish wall with a red brick cap shall be provided behind the fountain." -., a result of input from Councilmembers and yourself, it is our understanding that our current plan has been approved by you. This plan will recuire minor modification of the current City Council condition. The plan calls for a 20 ft. wide fountain base with a 7 ft. high fountain. Tile bandina (to match with the building accent color) will be placed around the base of the fountain and across the Tour entry ways to the fountain area. The fountain wall will be 1 -Ft. high and available for seating. The stucco wall will be 3 ft. 6" high and have a cap to match the fountain Wall. Our final request is that the lancuace "review and approval" be amended tc "review" for our zone clearance conditions. The response time to approve our submittals for zone clearance is delaying submittal of 0"r working drawing for plan check. We would like to have our working plans re- viewed concurrently with our zone clearance items- Than`, yo-,.2 in advance fob %,ou.r con iderat' -on o` these it:em.s. '•'�ry �rul': : ours, EXff F. 4 f APPROVED AND ADOPTED BY " COLUTION NO. 88 -443 Jar -y 20, 1988 CASE NO.: PD -1064 February 4, 1988 APPLICANT: TOPA MANAGEMENT PARINERSHIP PAGE 7 f. CITY ENGINEER'S CONDITIONS 1. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: .j 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 de- eloper shall submit to the City of Moorpark for review and approval, a de- ,.sled 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: - Spring Road is to be constructed per Plate B -2B for all improvements west of centerline. A meandering sidewalk will be constructed along Spring Road, with the design approved by the Director of Community Development. - Los Angeles Avenue is to be constructed per Plate B -2A for all improvements south of centerline. A meandering sidewalk will be constructed along Los Angeles Avenue, with the design approved by the Director of Community Development. - Developer shall provide to the City of Moorpark an easement of sufficient width such that all meandering walks will be within the 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 Spring Road and Los Angeles Avenue following the completion of all street improvements. An erosion control plan shall be submitted for review . s APPROVED AND ADOPTED BY "'SOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP CITY ENGINEER'S CONDITIONS (CONY.) Jar— ry 20, 1988 February 4, 1988 PAGE 8 d. The developer shall deposit with the City of Moorpark a contribution for ' the Los Angeles Avenue Improvement Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Improvement Area .,Pf 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 deveooper 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 deveoper shall offer for dedicaiton to the City of Moorpark a street right -of -way of sufficient width along Spring Road to provide an ultimate right of way of 47 fet., west of the centerline of Spring Road along the entire frontage of the parent parcel. k. The developer shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles Avenue and Spring Road along the entire frontage of the project except for approved access road(s) as delineated on the approved site plan. EX fi l l3 APPROVED AND ADOPTED BY 'SOLUTION NO. 88 -443 CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP CITY ENGINEER'S CONDITIONS (CONT.) Jar- ry 20, 1988 February 4, 1988 PAGE 9 I• 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. C APPROVED AND ADOPTED BY -7SOLUTION NO. 88 -443 CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP CITY ENGINEER'S CONDITIONS (CONT.) Ja- pry 20, 1988 February 4, 1988 PAGE 10 1. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: q. Prior to zone clearance, developer shall obtain reciprocating access easements from the properties to the south and west. 2. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: a. In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in 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. EX W -q-- APPROVED AND ADOPTED BY ''"SOLUTION NO. 88 -443 Jan- -y 20, 1988 CASE NO.: PD -1064 February 4, 1988 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 11 CITY ENGINEER'S CONDITIONS (CONT.) BRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 3 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. �� rr roo OVED AND ADOPTED B-ft;JSOLUTION NO. 88 -443 Jja V ry 20, 1988 CASE NO.: PD -1064 February 4, 1988 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 17 PLANNED DEVELOPMENT PERMIT NO. 1064 - City Council Conditions January 6, 1988 PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. Approval of this permit is for the main building in concept only. The following shall be approved by the Planning Commission and City Council. 1. final elevations ii. landscape plans iii. parking area detailed with use of stamped concrete to add variety. b. The fast food restaurant will require the approval of a major modification or a new, separate, commercial planned development permit. The appropriate approval required shall be determined by the Director of Community Development. c. Two additional areas of the site plan shall be made available for future access to adjoining property to the south and west. These aClAditional "pass- through" points shall be located at the south end of the west property line and at the west end of the south property line. Cost of this improvement when made shall be shared equally among adjoining property owners. d. The sign program shall be limited to use of three (3) colors that are complimentary or contrasting to the building colors. National registered Commercial logo's may be used with approval by Director of Community Development. e. Window and door trim shall incorporate use of wood rather than metal. J. The fountain shall be enlarged to a 25 ft. width. Benches shall be provided in the fountain area. A 6 ft. high stucco finish wall with a red brick cap shall be provided behind the fountain. g. The utility poles located on Spring Road, one each at the northeast and south east corner of the site shall be removed and power underground to the nearest off site utility pole. The existing street light on the Los Angeles Avenue frontage shall be removed, and replaced if required by the City Engineer with an appropriate light standard. GX N!3IT ­81! - L I i r