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Home My WebLink AboutAGENDA REPORT 1989 0315 CC REG ITEM 11EELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer TO: FROM DATE: MOORPARK M E M O R A N D U M ITEM II 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 The Honorable City Council Patrick J. Richards, Director of Community Development March 9, 1989 (CC meeting of 3/15/89) SUBJECT: PLANNED DEVELOPMENT PERMIT NOS. 1062/1063 (THE EMBASSY GROUP, INC.) - TIME EXTENSION REQUEST iiackciround The applicant's for PD-1062 and 1063, The Embassy Group Inc., have requested a time extension for use inauguration regarding the above PD's. On August 4, 1988 the Director of Community Development granted a six month extension for both PD's with a new expiration r_late of March 16, 1989 (see attached letter). Under Conditior. No. 4 of Resolution Nos. 88 -415 and 88 -417, "if the use is not inaugurated one year after the date the permit is granted it shall automatically expire." However, there is a provision under this condition which allows the Director of I::ommunity Development the ability to grant one additional one year extension. the original resolutions were approved by the City Council on September 30, 1987. Discussion On January 23, 1989, The Embassy Group, Inc. forwarded a written request to the Director of Community Development which requested another time extension of six months pursuant to Condition No. 4 of Resolutions 87•-416 & 417. At this time PD -1062 has received a zone clearance and building plans have been submitted to the Department of Building and Safety. PD -1063 has yet ;;o receive a zone clearance and The (embassy Group, Inc. has been able to accomplish all work and -is at the point of being issued a zone clearance. However, a zone clearance will riot be issued to PD -1063 until which time the related Parcel Map has been recorded. The reason for this position is the fact that the applicant filed two PD's with the intent; to keep them separate by division of the property. The Final Parcel Map is expected to come before the City Council for approval on either March 1.5th or April 5, 1989. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Pf)1062A /CHRONI PJR: DST March 9, 1989 page 2 Under the City Zoning Code "Use Inauguration" is defined as "...when said use actually begins or is commenced. Mere preparatory acts of engineering, development, or construction to that end does not constitute use inauguration ". Inasmuch as no actual work has started on the site, the above definition would be very restrictive when viewed against the condition of approval and the sites current status. If the above definition is upheld there is little opportunity remaining to construct both PD 1062 and PD 1063 in the remaining six months. RECOMMENDATION Direct staff as deemed appropriate. Attachments: 1 -23 -89 Embassy Group letter. 8 -4 -89 Director of Community Development letter. Portion of zoning code PR /ls cc: Steven Kueny, City Manager PD1062A /CIiRONI PJR:DST:CM:DR:crl MOORPARK, CALIFORNIA City Council Meeting of 98 ACTION: L+ It .6�e .04 /y� 'n -'.LL. l.� b January 23, 1989 Mr. Patrick J. Richards Director of Community Development CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 Re: PD -1062, 1063 & LDM -11 Dear Pat: L, 'rrE EMBASSY INC Pursuant to our above referenced project and to condition No. 4 of Resolution Numbers 87 -416 and 87 -417 relating to this project, I am requesting a time extension for inaugaration of use on the property. As in your letter to us dated August 4, 1988, we are looking for a six month extension starting from March 16, 1989. As you know Pat, we are continuing to make progress on this project. We recently obtained zone clearance and expect to have the parcel map recorded shortly. Please get back to me as soon as possible. Sincerely, THE EMBASSY GROUP, INC. Kenneth Shishido KWS /pp P,FCF ;V.'- -1-? JAN ? 41� Moo ,;CHI! PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tom JOHN GALLOWAY Councilmembor t CLINT HARPER. Ph.0. CounCilmernber BERNARDO M. PEREZ Counclimember MAUREEN W. WALL City Clerk Mr, Kenneth Shishido The Embassy Group, Inc. 600 South Figueroa St. Suite Lok Angeles, CA 90017 Dear Mr. Shishido, REs TIME EXTENSION - Pursuant to Condition No. 4 ol recent request, a time extern granted for six months. The 1989. You will be eligible f, necessary at that time. Pleas March 16, 1989 should the need S;I,t• , r�y yours, PARK ugust 4, 1986 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 DEVELOPMENT PERMIT NOS. 1062/1063 Resolution Nos. 88 -416, 88417 and your ion for inauguration of use is hereby new expiration date will be March 16, r an additional six months should it be contact me approximately 30 days before .or a second time extension arise. Patrick J. It�rdei rector of munity Developme t cc, Stever Kueny, City Manager, Pile, PD1062/1063 799 Moor ;- -�� — - Park Avenue __Moorpark, California 93021 1,q r J 1 C 1 -e C �) i vi l i ,I Y ZC'ti' t ,ti "L C_�, D • Stable, Commercial - A stable other than a private stable. Stable, Private - An accessory building or structure used for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale. Store - An enclosed building housing an establishment offering a specified line of goods or services for retail sale. Story - The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor' and the ceiling or roof above, including the basement. t Structural Alterations - Any change in the supporting members of a building such as bearing walls, columns, beams, girders, floor joists, roof joists, or rafters. Any change in roof or exterior lines. Structural Open Space - The capability of open space land use patterns to guide the location of development. Structure - Anything constructed or erected on the ground, or that requires location on the ground, or is attached to something having a location on or in the ground, but not including fences C• or walls used as fences less than six (6) feet in height. C Trailer Park, Trailer Court, Mobilehome Park, and Public Trailer Camp - "Trailer Park ", "Trailer Court ", "Mobile Some Park ", "Public Trailer Camp" shall mean any area or tract of land rented, or held out for rent, sold or leased, and used or designed to accommodate one (1) or more trailers /mobilehomes and including trailer camp as defined by law. Travel Trailer - Is a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur's license or both, without violating any provision of the Vehicle Code. Use - The purpose for which land or a building or structure is arranged, designed or intended, to be used, or for which it is or may be used, occupied or maintained. iUse Inauguration - Use of land, a building, or a structure is inaugurated when said use actually begins or is commenced. Mere preparatory acts of engineering, development, or construction to that end do not constitute use inauguration. 574 OC -2 ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer T0: FROM: SUBJECT: TELECOPIER #: MOORPARK E TELECOPIER MESSAGE a TOTAL NUMBER OF PAGES: (including this page) TIME SENT: l / a / m DATE: OPERATOR'S INITIALS: * *FOR ASSISTANCE CALL: (805) 529 -6864 TELECOPIER: (805) 529 -8270 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 3 --14-e 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 MOORPARK TIME EXTENSION HEARING PD- 1062 /I'D- 1063 /LDM -11 C-amrosa Water Issue Camrosa Water District has a 12 inch water main on the subject property. It is operational and provided service to a previous user on the property. Ventura County Water Works has a sewer connection dear the rear property line, but has no water line within 4,000 feet of the property. Alternative One - Use Camrosa's Existing Water Main Costs - $7- 10,000 to relocate water line Alternative Two - Hook up with VCWWD #1 for Water Service Costs - $150,000 to extend water line 4,000 feet' - $15,000 to Camrosa to remove easements and water lines - $10- 15,000 for actual Camrosa relocation - $15- 18,000 in legal expenses The City conditioned the development to use VCWWD #1 for both water and sewer service. Camrosa sued us and we were forced to go to LAFCO to detach from Camrosa and annex to VCWWD #1. We got final approval on this action in April 1988 and were then able to start work on water drawings. An agreement was reached with Camrosa in January 1989 regarding relocation of waterlines and easements. If we had been allowed to use Camrosa's waterlines, we would have saved 8 -10 months in planning and $180,000+ in additional expenses. Other Development Issues 1. The Parcel Map has been delayed due to the City Engineer's request that we obtain a right -of -way from the owners of the parcel to the east of us (Carlsberg Properties). This request came in late 1988 and was not noticed by the City Engineer until the street plans had been submitted several times. We have been working with Carlsberg on this matter and our civil engineer is currently drawing up a legal descrip- tion of the area to be deeded to the City. In conversations with John Knipe and Chris Lynch of Willdan & Associates, we reached a verbal agreement to allow the parcel map to be recorded prior to obtaining the right -of -way as long as the dedications took place prior to construction of street improvements and the improvements were completed before occupancy. On March 15th at 3:00, we were told that this agreement had been changed and that we would need to take care of this matter before we would be allowed to continue. 2. Stop'n'Go has been doing everything possible to move this development forward. They have done all that is necessary to obtain zone clearance and are prepared to go into plan- check when the parcel map records and they are allowed to proceed. They have agreed to landscape the corner with "an entry statement" proposed by the City which will cost $30,000 and have turned the building around so that the gas pumps face inward. They have worked with the City within the framework of the conditions and have moved as quickly as the City and Embassy have allowed them to. Progress Made in Last Six Month Period PD -1062 AOC Fees $77,772 January 1989 Signalization Fees $130,000 January 1989 Bonds /Inspect /Misc $20,000 January 1989 Zone Clearance � -, — ^ -- �� January 1989 Plan Check 3`' January 1989 Plan Check - 2nd submittal March 1989 PD -1063 Prorata shares of fees /bonds/ January 1989 etc.(part of PD -1062 fees) Plans approved and ready to submit for zone clearance at recordation of parcel map LDM -11 Grading /Street /Storm Plans February 1989 Parcel Map Recordation March 1989 n -i o-A- JOHN 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 TO: FROM: DATE: SUBJECT: MOORPARK .4 MEMORANDUM Steve Kueny, City Manager John F. Knipe, Assistant City Engineer August 15, 1988 Embassy Conditions � I 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 As requested, I have discussed your concern of the timing for Embassy to construct street improvements along Tierra Rejada Road prior to map recordation with the City Attorney. In my telecon with Cheryl Kane on August 12, 1988, she explained that at the time of recordation, the public improvements must either be completed or the developer must enter into an agreement with the City. As you know, developers typically do not have their public improvements completed prior to recordation. Therefore, they enter into an subdivision agreement with the City. This agreement is the standard format taken from the County of Ventura. Per Section 66462 of the Map Act, Cheryl explained that specific terms and conditions for the completion of these desired improvements could be included in the agreement and that this agreement must be agreed to by the developer prior to recordation of their map. Therefore, it is requested that you provide the desired amended language for the agreement if you agree with this procedure. Please contact me if you have any questions. JFK:ls cc: Cheryl Kane, City Attorney R. Dennis Delzeit, City Engineer A�,u 1 f 198c Chris Lynch, Project Engineer JN 30162 CM0841.MEM 799 Moorpark Avenue — Moorpark_ California 93021 __ (805) 529 -6864 I EMTHE BASSY GKOUP July 25 , 1983 INC Ms. Gina Manchester Camrosa County Water District 7385 E. Santa Rosa Rd. Camarillo, CA 93010 Dear Gina: I would like to thank you and your board for the response to our offer dated July 8th regarding relocation of the waterline and removal of the easement. We would like to respond in the following manner: a) Embassy agrees to pay to Camrosa the sum of Ten Thousand Dollars ($10,000) at the time the existing easement is abandoned. b) Camrosa shall approve relocation design drawings, and be allowed to monitor relocation of the waterline. c) Embassy shall bear the costs associated with the relocation and abandonment of the easement. d) Embassy and the City of Moorpark shall execute documents putting responsibility on the owner of the property or the appropriate agency for any future relocation of the waterline adjacent to the property. Gina, we are more than willing to be responsible for the costs associated with abandonment and relocation of the easement and waterline respectively. However, we feel that $7,0, 000 is a high price for removing such an easement. We are offering a sum which reflects a present value of the lost revenues and your easements rights. We are not buying the property from you; we are buying your right to run a waLcClirte on our property. Please take this offer before your board and ask them to respond to it. We look forward to hearing from you. Thank you. Kenneth W. Shishido — AUu 8 1980 (�rt.stza ,4d eau4r '(Y 7ea&T L�t4AzCc� 7363 E SANTA RO9A R0. P.O BOX 7000-1 CAMA010- r. GA *2011 -7000 TELEPHONE: IBOSI 482.4677 July 8, 1988 GM -00- 2 1 Kenneth W. Shishido Embassy Group, Inc. 600 South Figueroa Street Suite 960 Lot Angeles, CA 90017 Re: Camrosa Water District Waterline Easement NWC Spring and Tierra Rejada Roads /Moorpark beer Kent F �: , 2 This letter is to follow up on a board action i11 respurlse to your letter dated June 211 1988 offer-it'.y $0,000 for the abandonment of the Camrosa easement through your development in Moorpark. As I informed you per our telep{,one conversations on June 29, and again on July 7, the Camrosa Hoard of Directors took action and instructed me to communicate the follov+ings The district will abandon the existing easement across the development subject to the following conditions -- a.) Embassy Group pay Camrosa the sum of $20,000 (twenty thousand dollars); b.) The project Is 5ubjett to Camrosa approval prior to z- mmencement of each and all stayes of design, development, construction, and firraling of the v+ater- line relocation; and c.) Total cost for engineering, inspection, legal, r ighb--of --way, and related costs to be borne by Embassy.; and d.) Thu, dedication and rights -of- -way granted to Camrosa for the relocated line must stipulate in the document that Camrosa will be exempt from any future coasts for a,-., `•- ttutre relocations caused by other partle , _and_ Camrosa shzrl l 1 -c pay any costs for encroachmer•I; permits to the agency ! <n -,ponsibi l i ty for the affected 5 .,treats, when there is a n for excavation or mairrte:narit activities; and e.) Camrosa ! 1. abandon the existing easernerrt after a, b, c, and d abo`:• -w i-7 Completed. This letter- will t,e trarrsmi tted on the above date via fax,-- your office, and also mailed. Please advise if you accept thn conditions outlined herein. _incere y, June 21, 1988 Ms. Gina Manchester CAMROSA COUNTY WATER DISTRICT 7385 East Santa Rosa Road Camarillo, CA 93010 Re: Waterline Easement NWC Spring and Tierra Rejada Roads Moorpark, CA 2 Dear Gina: As per our discussion on the above referenced development, we would like to offer an "economic settlement" (in the form of a constribution towards capital improvement costs) in return for allowing us to remove the easement and relocate the existing water line. We assumed annual revenues from providing water service to i start at ±$7,000 and an allocation of 5% of revenue towards. capital improvement costs. Based on a remaining life of 30 years, the estimated contribution our development would provide would be $3,000 - 4,000 if paid in one lump sum today. We are willing to pay Camrosa Water District $5,000 for removal of the easement and relocation of the waterline. We believe this serves the best interests of the people j served by Camrosa. This will provide more than the estimated contribution to capital improvement costs from i the revenues generated by water service over a 30 year time; frame. Please discuss this with your board and call us as soon as possible. j ennerely,eth W. Shishido KWS /pp CC- Mike Turi, The Embassy Group Pat Richards, The City of Moorpark THE EMBASSY GKOLIP INC 7365 E SANTA ROSA RO. 0 0 bUx 70001 CAMAe+IILLO GA 03011.7000 TEIEPHONC: (0051 A412-41477 0 July H. 19U9 GM -130- L?12 Kenneth W- Sir i Sh i do Embassy Group, Inc. 600 South Figueroa Street Suite 960 Los Angeles, CA 90017 {fie: Camrosa Water District Waterline Casement NWC Spring and Tierra ReJada Roads /Moorpark Dear Kent This letter is to follow up on a board action i11 reLpur1: >e to your letter dated June 21, 1988 offering *i,000 ror the abandonment of the Camrosa easement through your development in Moorpark. As I informed you per our- telephone conversations on June 29, and again on July 7, the Camrosa Board of Directors took action and instructed me to communicate the followings The district will abandon the existing easement across the development subject to the following conditions -- a.) Embassy Group pay Camrosa tilt sum of $20,000 (twenty thousand dollars); b.) The project is Subject to Camrosa approval prior to commencement of each and all 5tayes of design, development, Construction, and finaling of the water line relocation; and c.) 'Total cost for engineering, inspection, legal, r iglrt-or -way, and related costs to be borne by Embassy; and d.) The dedication and rights -of- -way granted to Camrosa for the relocated line must stipulate in the document that Camrosa will be exempt from any future costs for any future relocations caused by other parties, _al?d Camrosa shall not pay any costs for rncroachmel•t permits to the agency with responsibility for, the affected Streets, when there 16 a nerd for excavation or maiirtenane- -- activities; and e.) Camrosa will abandon the existing ea9zer(lerrt of ter a, b, c, and d above: are completed. This letter will be transmitted on the above date via fax,ta your office, and also mailed. Please advise if you accept the conditions outlined herein. 4aa y, i�4 chcstcr, Oerle ral Manager Send- Wnie a tyro _111. pW ool ,nuow ".-1. fNO AI ( • I to fit 771 WO VUE • EnveTOpe. i PTfmx,T IA/J /n•i n. JiK ;.twit., OFt II ,Tr•r, MDR( loft I.Q I. ADO 115 UAO NO CARBON PAPER REQUIRED Type or write on original — Impression will automatically appear on copies bnnrim III �/ �� DATE PRIORITY F MOLLENHAUER, HIGASI�t & MQORE, INC. July 5 , 1988 - - -- - -- R CJ URGENTI 0 411 W. Fifth St. 4th Flocs nLE NO [] 300N AS POSSIBLE M LOS ANGELES, CA 90013 1001 ��)f��1 f _ _ 14310 _ r NO REPLY NEEDED i FAX (2L3L61- 4_1.863 ATTENTION (213) 624 -2661 Ken Shisedo III SUBJECT Embassy Group T 800 S. Figueroa St., Ste. 960 Embassy Group 0 III Los Angeles, CA 90017 The following items were sent to Chris Lynch at Willdan Assoc. 1. 5 -5 -88 Three sets of revised Grading & Drainage Plans (Final set) M Two sets of revised Hydrology Report (Final set) and all originals for E Grading, Drainage & Erosion Control Plan. 7 S S 2. 5 -16 -88 2nd submittal of Parcel Map No. LDM -11 for City Checking (Title sheet not signe A 3. 6 -7 -88 Signed title sheet -print submitted for checking. G E 4. 6 -9 -88 Pacific Bell - Public utility letter of non- objection. 5. 6/13/88 Callegas Municipal Water district public utility letter of non - objection. Sincerely 110aA" �� Joanna Spence SIGNED: for Hamid__S ar-1er__ DATE OF REPLY: REPLY TO' R E P L Y SIGNED: SENDER: MAIL RECIPIENT WHITE AND PINK SHEETS RECIPIENT WRITE REPLY RETURN WHI IE TO SENDER KEEP THIS PINK COPY July 14, 1988 Mr. Steven Kueny City Manager 799 Moorpark Avenue Moorpark, CA 93021 Re: Peach Hill Plaza PD -1062, PD -1063 and LDM -4 Dear Mr. Kueny: THE EMBASSY CKOUP INC I am writing to you to document our concern regarding the above referenced development. As per our conversation, I have enclosed a memo from our engineer detailing dates that items were submitted to Willdan & Associates, the engineering firm processing plan check submittals for the City. To date, our engineers have received only the parcel map which our engineers re- submited within five (5) business days. The other outstanding items are in for second or third versions which by Willdan's admission are relatively minor in nature. Some of these items have been in for over, two months. I have been in contact with Chris Lynch on at least a weekly basis and have offered several times to pay overtime to speed up the process: We are also pushing our consultants to expedite things. You stated in our telephone conversation today that the City will grant us a six month extension to obtain building permits. I am asking for your assistance with the City's consultants so this project will not be further delayed. The problems we have encountered (the issue, litigation with Camrosa, etc.) have come up in other projects. Ther commitment to the project despite all yet we perceive the current delays as control which jeopordize our project. annexation /detachment are unlike any that e is a strong these difficulties, being outside our There is a lot of time, energy and money personally tied up in this project and we will do whatever is necessary to complete this project. !:= -.-ir lU; Mr. Steven Kueny City Manager July 14, 1988 Page Two We appreciate your assistance. Sincerely, THE EMBASSY GROUP, INC. Kenneth Shishido KS /pp Encl: cc: Mike Turi, Embassy Group David Rolston, Rolston Development Michael Flynn, Esq., Allen, Matkins, etc. Michaell Mueller, Citicorp Real Estate 09*37. CHICAG,0 EMBASSY P.L -3 THE EMBASSY p August 28, 1989 GNOU - INC Mr. Steven Kueny City Manager CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 I Re: Peach Hill Plaza Dear Steve: I am writing to you because the six month extension on our PD 1062 and 1063 development project is coming to a close. As you know, we have faced more than our share of challenges and we need additional time to start this project. I would like to recap our problems with Peach Hill Plaza so that our extension request can be seen in light of the problems which surround it. I believe that most of the issues which have delayed us have been beyond our control. First, we were required to take water service from Ventura County Water Works even though Camrosa Water District has a 12" water main on our property. We agreed to do this although it added an additional $230,000 to our project costs. The water line (over 4000 feet long) we build will eventually serve all the homes west of us when the reservoir is built on the Carlsberg property. Camrosa was not pleased by this however, and the ensuing litigation, detachment from Camrosa's district, and annexation into VCWWD #1 cost us at least ten months in the permitting process. During this time we could not finalize street and water plans and the project was at a standstill. More recently, we were told that our planned street improvements encroach onto the property to the east (Carlberg Properties). We were not told this until after our street plans had already been checked twice by the City. This problem might not be an issue now if we were notified earlier in the process. We have been ready to record a parcel map for a few months, but need to have approved street plans. The only thing holding this up is obtaining the right -of -way dedication from Carlsberg for the City. HU'= 'S9 09: CHICAGO /0-1BASSY We had to obtain a street dedication from Carlsberg on the City's behalf when Carlsberg had no reason to give the dedication. Presently the City and Carlsberg are close to an agreement on this matter, but our parcel map has now been held up for 12 -- 15 weeks while an issue not concerning us and out of our control is being resolved. Since the parcel map could not be recorded, Stop'n'Go was also prevented from entering into plan check and as a result, have just been allowed to submit to Building & Safety. They would have submitted plans months ago had they been allowed to. The current codes call for an "inaguration of use" at the end of the time period. We should have our permits on PD -1062 by the end of our extension period (September 16, 1989), but we will not even have a graded pad by then. Due to our ongoing struggle in Moorpark, our lender will not allow construction funds for grading released until we obtain building permits. We are in a Catch 22 situation. We will not have an inaguration of use as per the City's code by the end of our approval period. We would like to continue this project and feel we have shown steady progress and acted in good faith. Additionally, we have paid over $250,000 to date in fees to the City or other agencies on this project. If the City decides to void our approvals and does not allow us to proceed, we will be forced to use legal means to either finish our project as planned or be reimbursed for all applicable fees including AOC, signalization, water fees, etc. We have been working on this project for over two years now. We have too much of our time, energy and funds invested in this property to stop now. We are through plan check on PD -1062 and should be able to pull permits shortly. Stop'n'Go is in plan check now and should be ready to pull permits in 4 weeks. We are asking you to allow us to proceed in light of the unusual circumstances surrounding this project. We will be greatly improving the area by widening the streets at this important intersection, heavily landscaping the corner and installing a traffic signal. If we are not allowed to proceed, we and the community will both lose. Please contact me at your earliest convenience to discuss this matter. I look forward to hearing from you. -9 09:39 _{�ICHi�r_,'Ef1Brf CC. Eloise Brown Bernardo Perez Clint Harper Paul Lawrason Scott Montgomery Patrick Richards Michael Mueller Glenn Sonnenberg, KWS /rd Sincerely, Kenneth Shishido City Council / Moorpark Dir.- Planning / Moorpark Citicorp Real Estate Esq. Allen, Matkins, et al F. 4/4