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HomeMy WebLinkAboutAGENDA REPORT 1989 0215 CC REG ITEM 11DELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tom CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer MOORPARK ITEM 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 FROM: John F. Knipe, Assistant City Engineer ►�� DATE: February February 10, 1989 l SUBJECT: PD -1064 (Topa) Condition Clarifications BACKGROUND INFORMATION PD -1064 (Topa) was approved by the City Council on January 20, 1988 subject to fulfillment of the Conditions of Development. On August 24, 1988, Topa Management Company sent a letter to the City requesting several clarifications of the approved City Council Conditions. A portion of Topa's August 24th letter relating to City Engineer's conditions was reviewed by the City Council on November 3, 1988. At that time the Council approved several clarifications to the conditions as originally approved in January, 1988. The attached resolution summarizes the clarifications as approved by the Council. RECOMMENDED ACTION Adopt Resolution 89- clarifying several conditions for PD -1064 (Topa). JFK: CL: ls Encl. cc: Steve Kueny, City Manager R. Dennis Delzeit, City Engineer Susan Weintraub, Topa Management Company JN 30568 CMO1111.00U MOORPA?- : <, CALIFORNIA City Council F.1Peting of f' 198L ACTION: l Cpl V,. By 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 RESOLUTION NO. 89- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING RESOLUTION NO. 88 -443 FOR THE PURPOSE OF CLARIFYING CERTAIN CONDITIONS OF APPROVAL FOR PD -1064 (TOPA). WHEREAS, on January 20, 1988, the City Council of the City of Moorpark adopted Resolution No. 88 -443 entitled: A RESOLUTION OF THE MOORPARK CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONDITIONALLY APPROVING THE APPLICATION FOR PLANNED DEVELOPMENT PERMIT NO. 1064 FILED BY TOPA MANAGEMENT PARTNERSHIP FOR THAT CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND SPRING ROAD. WHEREAS, the City Council desires to provide clarification to various conditions of Resolution No. 88 -433. WHEREAS, at a regularly scheduled meeting on November 2, 1988 the City Council of said City as an agenda item discussed theses clarifications. WHEREAS, the clarifications do not constitute a modification of an approved project. WHEREAS, the City Council has been duly informed in the matter; has given careful consideration thereto; has determined that the condition clarifications requested do not necessitate the preparation of a subsequent environmental document because the clarifications contained therein will not result in new significant environmental impacts: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. That the clarifications to various condition of Resolution No. 88 -433 described in Exhibit 1 (attached) are hereby approved. SECTION 2. That in all other respects, Resolution No. 88 -433 shall remain in full force and effect. SECTION 3. That this resolution shall take effect immediately. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this day of 19 Eloise Brown, Mayor ATTEST: Richard Hare, City Clerk (Seal) EXHIBIT 1 PD 1064 (Topa) Condition Clarifications 1. PD 1064 City Engineer Condition No. 3C - RCB Box Construction "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 - -eity - -of -- Moorpark --to be reimbursed for the construction of this reinforced concrete box from the Los Angeles Area of Contribution Fund 9ebeet -te- review and - approval -by -the -eity upon acceptance of the work and costs by the City Council The total reimbursement shall not exceed $225,000. If the AOC does not have sufficient unencumbered funds to reimburse the entire amount upon acceptance by the City Council, the next funds coming into the AOC will be reimbursed to the developer until the reimbursement of $225,000 is completed. Reimbursement costs shall include engineering, construction, inspection, plan check, and permit fees. All reimbursable costs must be substantiated by Topa." 2. PD 1064 City Engineer Condition No. 4a - New 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 developer of PD -1064. The agreement will be prepared by the developer of PD -1064, subject to review and approval by the City. The developer shall pay the City's legal expenses to review the agreement.,, 3. PD 1064 City Engineer Condition No. ld - Los Angeles Avenue A.O.C. 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. The applicant shall be entitled to receive reimbursement for costs associated with widening Spring Road from New Los Angeles Avenue south. Such costs include construction, engineering, plan checking, inspection and permit fees. Documentation of actual costs for the improvement of Spring Road along the frontage of the property must be provided by the applicant to the City Engineer for review and approval. The total reimbursement shall not exceed Topa's total AOC contribution amount. 4. PD 1064 City Council Condition No. lg - Utility Undergrounding Prior to occupancy, 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. CL: Is JN 30568 CMO1104.RSO