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AGENDA REPORT 1993 0818 CC REG ITEM 08H
, /0 of 2 - / ITEM 8. 1. ,':CORPARK, CALIFORNIA C;ty Coun II Mooting of i 199-3 ACTION: It 1.1- 1. • • AGENDA REPORT Ctita TO: The Honorable City Council w!r fj FROM: Jaime Aguilera, Director of Community Development Paul Porter, Senior Planner DATE: August 3, 1993 (CC meeting of August 18. 1993) SUBJECT: MINOR MODIFICATION NO. 1 TO LDM 89-2 AND MINOR MODIFICATION NO. 7 TO CPD 89-2 ON THE APPLICATION OF MACLEOD CONSTRUCTION COMPANY Background: The City Council certified the original EIR and approved this project (known as CPD 89-1, 89-2 and LDM 89-2) on October 17, 1990 . On March 29, 1991, the applicant submitted an application for a Major Modification request for CPD 89-1 and -2 to construct and operate a 265,940 sq. ft. food/retail/commercial shopping center (including 221,440 sq. ft. of general retail uses, 24,000 sq. ft. of restaurants, a 2, 300 sq. ft. gasoline service station, 9 , 000 sq. ft. of medical/dental office and 9,200 sq. ft. outdoor plant nursery) and Tentative Tract Map No. 4757 for a division of two existing parcels into thirteen parcels of land totalling 23 .62 net acres . The Tract Map was in addition to the existing approved land division map (LDM 89-2, four parcels) . The City Council approved the Tentative Tract Map and Major Modification on October 2, 1991 . Since then, the Department of Community Development has approved six Minor Modifications for CPD 89-1 and -2 . On July 22, 1993, the applicant submitted Minor Modifications for the above captioned projects. Minor Modification No. 7 to CPD 89-1 is to allow construction of a supermarket and shop No. 2 and building pad along Los Angeles Avenue west of the proposed K-Mart. The proposed supermarket will contain approximately 49,357 sq. ft. and the shop building will contain approximately 8,000 sq. ft. The out-parcel will contain a building of unknown proportions at this time. Minor Modification No. 1 to LDM 89-2 is to allow the deletion of upper Liberty Bell Road and to change the property line of Parcels 1 and 2, to allow Parcel 1 to be saleable or leasable to the Major Tenant. Because of the elimination of Liberty Bell Ave. from the General Plan and the changes to the approved plan consists of moving the market closer to the K-Mart, staff has determined that the proposed changes would require a Minor Modification. PP08:03:93/10:10amA:\KISA7D7.CCI 1 At the present time Lassen has a barrier located at the westerly terminus of the street adjacent to the existing residential properties . As proposed, Lassen Avenue will contain a 6 foot sidewalk, adjacent to the curb, and a 2 foot landscape area within the right-of-way behind the sidewalk on the north side of the street, and a 6 foot sidewalk and a 4 foot landscape parkway area on the south side of Lassen Avenue. These improvements will be constructed by the Assessment District; however in the event the Assessment District fails to make the improvements, this project has been provide the required improvements. Proposed changes to the other buildings (Phase II of this PD) will require the filing of a major modification to the Commercial Planned Development Permit. Staff Comments Condition No. 19 (a) of the approved Land Division Map requires that a parcel map be prepared in accordance with the following: 19 . (a) . The applicant shall prepare a parcel map. The final parcel map shall show a three-lot subdivision consisting of two CPD zoned parcels and one zoned RPD-15 Units. The final map shall reflect the revised alignment for Lassen Avenue, the vacation of Gisler Road and Los Angeles Avenue as specified in the following conditions of approval. Staff has reviewed that submitted map and has determined that it is in conformance with Condition 19 a. The City Engineer has reviewed the Conditions of Approval for the Land Division Map and has imposed the attached Modifications to the Conditions of Approval. Major Modification No. 1 to CPD 89-1 and - 2 was approved with K- Mart being connected to Shop No. 2 . Remainder Parcel B of recorded Tract Map 4757 was located directly west of the K-Mart building for the intent of allowing the adjacent property owner to integrate future construction of CPD 89-1 with the K-Mart building. In order to maintain this integrity, staff has conditioned this Minor Modification to extend Shop Building No. 2 to the west wall of the K-Mart building. The Department of Community Development is also requiring that any further modification of CPD 89-1 west of the proposed supermarket will require approval of a Major Modification. The Director of Community Development has reviewed the proposed Minor Modifications for LDM 89-2 and CPD 89-1 and approved it on August 4, 1993. Pursuant to Resolution No. 88-523, the Director has the authority to approve Minor Modifications . This matter is being presented to the City Council as a courtesy. In the event the City Council wishes to appeal the Director's decision, it may do so. The last day to file an appeal is August 20, 1993. PPOB4O3:93/10:1O®lx mimmix7_cc: 2 Should the City Council desire to appeal, it should set a public hearing date. The next available meeting date would be the regular meeting of September 8, 1993. If the City Council takes no action, the Director's decision will stand. Staff has also taken the opportunity to notify Barbara Schultz, Ester Sulkis and Hermelida Cano regarding this Minor Modification. Recommendation Receive and file the report. Attachments: 1. Approval Letter for LDM 89-2 Minor Modification No. 1 2 . Approval Letter for CPD 89-1 Minor Modification No. 7 3 . LDM 89-2 4 . Revised site plan for CPD 89-1. cc. Barbara Schultz Ester Sulkis Hermelida Cano PPO8:03:93/10x10e.i:\ 5 fJ7_cC1 3 • �� � ;: MOORPARK suck *raw 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 09CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL OF A MINOR MODIFICATION Date: August 4, 1993 Entitlement: Minor Modification No. 7 to Commercial Planned Development Permit No. 89-1. Filed by: Macleod Construction Company P.O. Box 3677 Ventura, California 93006 Address/Location: Northwest corner of Los Angeles Ave. and Liberty Bell Road in the City of Moorpark, Assessor's Parcel Nos . 511-0-080-195, 205, 215, 315, and 325. Request: To modify the existing site Plan in order to allow use of site for a supermarket and shop No. 2 west of the proposed R-Mart. Action: Approved with Conditions the applicant's request (see attachment A) . California Environmental Quality Act (CEQA) Compliance: This Department has reviewed the project to ascertain if there will be a significant effect on the environment. It has been determined that this project is categorically exempt from CEQA requirements as a Class 1 exemption for minor alterations. PP09:03:93110:10anAAMI MOD7.an 4 PAUL W.LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E.WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Piffled on Recycled Paper • Ordinance Compliance: Based upon the information and findings developed by staff, it has been determined that this application, with the attached conditions, meets the requirements of Moorpark Ordinance Code Section 8111-2 . 1.2 - Permit Standards, in that: a. The Minor Modification is consistent with the intent and provisions of the City's General Plan and of Division 8, Chapters 1 and 2 of the City Ordinance Code; b. The Minor Modification is compatible with the character of surrounding development; c. The proposed Minor Modification is not obnoxious or harmful, and does not impair the utility of neighboring property or uses; d. The Modification is detrimental to the public interest, health, safety, convenience, or welfare. Appeals: As stated in Section 8111-8, within 15 calendar days after the permit has been approved, conditionally approved or denied, any aggrieved person may file an appeal of the approval, conditional approval or denial with the Community Development Department who shall set a hearing date before the Planning Commission to review the matter at the earliest convenient date. Zoning Clearance and Building Permit: Upon the expiration of the 15 day appeal period and upon completion of the "prior to zoning clearance" conditions, a Zone Clearance may be obtained from the Community Development Department. CITY OF MOORPARK J. '`- ' guilera, Director of Community Development Date: August 4, 1993 Attachment: Condition of Approval cc. Paul Porter, Senior Planner CPD 89-1 Minor Modification No. 7 File Chroni File PP08:03s93/1Os10aMs\1¢0OO7.CC1 5 THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE EXISTING CONDITIONS OF APPROVAL FOR CPD 89-1 CONDITIONS FOR CPD 89-1 MINOR MOD NO. 7 1. That a modification to the portion of the site west of the proposed supermarket shall require approval of a Major Modification to CPD 89-1. 2 . Shop Building No. 2 shall be extended to the west wall of the K-Mart building. 3. Remainder Parcel A and B of TT 4757 shall be joined to LDM 92- 1 and recorded prior to the issuance of a Zoning Clearance for CPD 89-1. 4. No Occupancy shall be permitted until all of the improvements specified to be completed by Assessment District 92-1 have been completed. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 5. The applicant shall plant temporary ground cover on the remainder of the undeveloped site. The applicant shall maintain the ground cover until such time as development occurs on the remainder of the site. Ground cover shall also be placed on that area adjacent to Los Angeles Avenue. ATTACHMENT A PP08:03:93/10:10ema:W .D7.001 6 • � MOORPARK , tom / ise \. 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 • 'f0 175 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL OF A MINOR MODIFICATION Date: August 4, 1993 Entitlement: Minor Modification No. 1 to LDM 89-2 Filed by: Macleod Construction Company P.O. Box 3677 Ventura, California 93006 Address/Location: Northwest corner of Los Angeles Ave. and Liberty Bell Road in the City of Moorpark, Assessor's Parcel Nos . 511-0-080-195, 205, 215, 315, and 325 . Request: To allow the deletion of upper Liberty Bell Road and to change the property line of Parcels 1 and 2, to allow Parcel 1 to be saleable or leasable to the Major Tenant. Action: Approved applicant's request with Conditions (see Attachment A) . California Environmental Quality Act (CEQA) Compliance: This Department has reviewed the project to ascertain if there will be a significant effect on the environment. It has been determined that this project is categorically exempt from CEQA requirements as a Class 1 exemption for minor alterations. PPOe:O3:93/1O:1Oaa:\Ja1 )7.CCJ 7 PAUL W.LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E.WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Pnnled an Recycled Paver Ordinance Compliance: Based upon the information and findings developed by staff, it has been determined that this application, with the attached conditions, meets the requirements of Moorpark Ordinance Code Section 8111-2 . 1.2 - Permit Standards, in that: a. The Minor Modification is consistent with the intent and provisions of the City's General Plan and of Division 8, Chapters 1 and 2 of the City Ordinance Code; b. The Minor Modification is compatible with the character of surrounding development; c. The proposed Minor Modification is not obnoxious or harmful, and does not impair the utility of neighboring property or uses; d. The Modification is detrimental to the public interest, health, safety, convenience, or welfare. Appeals: As stated in Section 8111-8, within 15 calendar days after the permit has been approved, conditionally approved or denied, any aggrieved person may file an appeal of the approval, conditional approval or denial with the Community Development Department who shall set a hearing date before the Planning Commission to review the matter at the earliest convenient date. Zoning Clearance and Building Permit: Upon the expiration of the 15 day appeal period and upon completion of the "prior to zoning clearance" conditions, a Zone Clearance may be obtained from the Community Development Department. CITY OF MOORPARK . 4t guilera, Director o Community Development Date: August 4, 1993 Attachment: Conditions of Approval for Minor Modification cc. Paul Porter, Senior Planner LDM 89-2 Minor Modification File Chroni File £208.03:93/10+10aniAl1210307.CCI 8 CONDITIONS FOR MINOR MODIFICATION NO. 1 TO LDM 89 - 2 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITION 1. The Remainder Parcel A and B of TT 4757 shall be joined to this LDM. This requirement shall be completed prior to issuance of a Zoning Clearance for CPD 89 - 1. CITY ENGINEERING CONDITIONS (New Conditions) DURING THE GRADING OPERATIONS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 2 . Construction equipment shall be fitted with modern sound reduction equipment. The contractor shall insure proper maintenance and operation of all construction equipment. Direct injection diesel or gasoline powered engines shall be used if feasible. 3. A 6-foot high chain link fence shall be constructed around the construction site or an on-site security guard shall be provided during non-working hours. 4. During the smog season (May - October) the developer shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels upon notification by the City. The City, at its discretion, may also limit construction during a Stage II smog alert. 5. A regular watering program to reduce dust shall be implemented. In an effort to reduce water consumption, the grading contractor shall use reclaimed water for dust control on site, when available and as approved by the City Engineer. Water shall be applied to the graded portions of the project site as determined by the City Engineer. This is estimated to reduce the amount of dust generated by up to 50 percent. Cease all clearing, grading, earth moving, or excavation operations during periods of high wind (ie. sustained winds 20 mph or greater in one hour) . a. All active portions of construction site shall be watered sufficiently to prevent excessive amounts of dust. Non- potable water shall be used if determined feasible by the Director of Community Development, the City Engineer and the applicant. Complete coverage watering shall occur at least twice daily, preferable in the late morning and after work is done for the day. ATTACHMENT A PPOBt03t93/20:10=AAArst7o7.CCi 9 b. All material excavation or grading shall be sufficiently watered to prevent excessive amounts of dust. c. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load. d. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds greater than 20 miles per hour (mph) averaged over one hour. e. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. f. All of the streets and private parking adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. 6 . Advise, in writing, all employees involved in grading operations to wear face masks during all periods of grading to reduce inhalation of dust which may contain the fungus which causes the San Joaquin Valley Fever. 7 . Applicant shall remove silt, as directed by the City Engineer, (ie. fine earth material transported from the site by wind, vehicular activities, water run-off, etc, ) which may have accumulated from construction activities along the streets or on private property in the vicinity of the site. Periodically sweep streets and parking areas, as per the City Engineer in the vicinity of the site to remove silt (ie. , fine earth material transported from the site by wind, vehicular activities, water run-off, etc. ) which may have accumulated from the construction project. 8. Maintain grading equipment engines in good condition and improper tune as per manufacturers ' specifications. 9 . Geometric improvements and traffic control measures approved by the City Engineer, or associated Traffic Studies must be included on the grading plan. The grading plan will be signed by a registered Civil Engineer. PP08:03:93/10:10ama:\1®a1D7_CC1 10 • DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL COMPLY: 10 . Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. The applicant shall notify all subcontractors in writing of time restrictions for construction operations. 11. Soil testing for compaction is to be performed on all pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of pipe or conduit placed. 12 . 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, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated and hazardous soil as defined by Department of Health Services may not be used for on-site soil fill or roadway sub-grade unless the Department of Health Services determines in writing that said material has been treated to a level that is no longer considered a public health risk or requires public discloser by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to be approved landfill. 13. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one-tenth of a foot of paving as an interim condition until all utility cuts or trenching are completed. The final one-tenth of a foot cap of asphalt shall be placed after all necessary trenching is completed. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 14 . Original "as-built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although precise grading plans may have been submitted for checking and construction on sheets larger than 22" X 36", they must be resubmitted as "as- builts" in a series of 22 " X 36 " mylars (made with proper overlaps) with a title block on each sheet. Submission of "as-built" plans is required before a final inspection will be scheduled. 15. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. PPO8:03:93/10:1OamAe\Mma7D7.CC1 11 • 16 . The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct improvements . The fees required will be in conformance with the applicable ordinance section. OTHER: 17 . The Parcel Map shall be submitted in accordance with the County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer-Aided mapping System and Establishing Related Fees" . 18 . Prior to any grading operations the applicant shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in a land disturbance of five or more acres . CITY ENGINEER CONDITIONS (The following are modifications to conditions found in resolution 90-721) PRIOR TO APPROVAL OF FINAL NAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 19 . a. The applicant shall prepare a parcel map. The final parcel map shall show a three-lot subdivision consisting of two CPD zoned parcels and one parcel zoned RPD-15 Units. The final map shall reflect the revised alignment for Lassen Avenue, the vacation of Gisler Road, and the necessary right- of-way dedication for Libcrty Bell Road and Los Angeles Avenue as specified in the following jconditions of approval. :iii a a.:::::;::5: `'i`:>''.'°:"` `: ;:::' r ::;: 2 �i:.:<Nt lgnia'":::".: °:.::_ a:i:: ;':;:::;1:" ?:::c!:>:::::.c �,.,a,;::::>,,ic;th �.��.��� � �ha�� 3� � . . Vit a�s��,�at�d. ��: vacation::procee00.g <::;for::;S :s:ler;: A :e#:s:: ::<An:::: . :.::tial::,:de .sit a0o*a:l :: b. Prior to final map approval or first building permit (whichever is first) , the applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of contribution rate 00*044 PPO8:03:93/IO:I0aad:\KIN1 D7.CC1 12 20. The applicant 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 guarantee sufficient surety for completion. Any new cut and fill slopes shall be no steeper than 2 :1 (horizontal:vertical) . At the applicant's request, a staged grading plan can be submitted for City Engineer review and approval. An erosion control plan shall be submitted for review and approval if any grading io to occur between October 15 and April 15. Along with erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. ::::j;:;:'::::i:;j:j;i::; :>i><;««<::::�::v;;:;:;::j+jj�>;••�{ ::::::::[t::j4iiii:i^i:<4i:triiii}i?`ii}ii?'iiiTi::'•:":`:�i'i":^:�"i`:�i`:":i`:ti:•:ii:.ii:.i"ryi:ryi:ryi:i:.ii:.ii:iry':ryi:i.i'ryi:.ii:.:?iii%..i...::.i;:':•i '.. �:� i.:: ...iiiiY.. .:. ''::.:::; :. ........:..{viii:. .v.:. ::..:"":'i:• ..: '•J::':`:!#.:.••i is?.:.....::.::.:.••:i::::i.��:�::::i;i:v;iiiii::: ::::: t hr:04. •:? pr>:�: <r<<'>».s:::: ag A�>:,z <:>.' :<� . . ,<'«::'o:��">:;':;:g]i.:'.:�;on: ��:;:;_.;l �h ��rfi �.�th. �lr�n� �.ith the e ��p� o�ntrol measures,.:: hydrrs :t*.gef....a . ..:.::gr �ded.:..slopes:::>..s.omti:. All haul routes shall be approved by the City Engineer. On-site haul routes shall be limited to graded areas only. 22 . The applicant 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. Any ncccsoary right-of-way acquisition necessary to complete the required improvements will be acquiredby the applicant at their expense. :h < `::<:�3 � ; .. ...::.;'.:; x a. Los Angeles Ave. per plate B-2A, modified north of centerline to have 59 feet of right-of-way, 51 foot pavement width, a 6 foot landocapcd arca and a 6 foot sidewalk. the sidewalk shall be located within the landscaped area in a pedestrian easement as necessary. The applicant shall construct improvements north of the centerline across the frontage of the project in accordance with figure 1 . The remaining paragraphs under 22 .a. remain unchanged. b. Libcrty Bell Road per Plats B 3A and shall be • Libcrty Bell Road alignment Road oouthof Loo Angeles Avenue. the Liberty Bell road - Los Angeles Avenue intersection must be designed and PPO8:O3:93/IO:10amil:\KZIii7 7.cC1 13 constructed to provide for necessity turning pockets and must be reviewed and approved by the City Engineer prior go recordation so that the dedication of right-of-way on the map will be the ultimate right-of-way dedication. Liberty Bell Road *sill be a variable with street, with all elements designed to the satisfaction of the City Engineer. A conceptual configuration of the proposed improvements is shown in the attached Figure 2 . Although it is i- - m - - - - - shown on this figure be impleented, it is understood that final plan details such as transition design may vary from that shown in the figure. c . Lassen Avenue per Plate B-5A, modified to have 56 feet of right-of-way to match the existing, previously dedicated, alignment per Parcel Map No. 3781 on the easterly portion of the project site. Lassen Avenue shall have a 6 foot sidewalk and 4 foot landscaped area on the south side, within the 8 foot parkway area, and a 2 foot landscape and ed estr'an e i aseme t P 4ser� A.�xe�-u�e �� the �t�rt�. side:.. :: .>:> .: ''< :.: . Ed alk, ..ad ac nt....tc ...the :::;.;:.::. aiiib rand»:.::;: t<:.?andooa area within e..a�3g of< a:: ; d : e :deli a ....All....improvements 44, Pmm*:. �;.::c`t° ° : ::.;.n. :: >::..'.a ';<: ... :`::l l `i >> < :;>'«, ,`<,'<;:i,i ng ::::<.::<:<>iti.t„ : ' ,,,00. aTd : 1. be i...halt : it A ud:. g curb,c e , s:il ora.lk .;:dr: ;veways.:.: a€�d::.landscaping) south of centerline plus. 12 feet north of centerline, Landscaping and irrigation shall be installed along the casement arca between the The landscaping shall be designed and con trueted Development. All necessary transitions shall be constructed to the satisfaction of the City Engineer. The only connection of Lassen Avenue to Sierra Avenue shall be in the form of an unpaved ed: .05:.:.. a :f. #PV:50d emergency access easement area ;:. 7e s_t;:.;::o:f::::::.L:i:b< Liberty,. B611 Road......._ e ±ed:< >ees ehal l be dedicated to the City,. :however, it . a. to be::: : z t �ned:.. . .<::; ':: e <' . cant unta ?t ::.C :; :-.:,.:. .:<.;;;:.:;:.;:;. ;:: :<::. : : :::.::. :..::: ..< F:;.:;:•:,: .:< ::<::::.<;:: :< :::.::ifs p , ►,:::»; ; e:<.:::.:d d s ::.:: This easement .,ffi.a d `:p; ees shall be designed to the satisfaction of the City Engineer, the Director of Community Development, the Sheriff's Department ant the Fire Department and shall c©ntai , bit nit l m ted t a: : a er ..iA! ;3 ass <;>; veru : of >;::a ;: es i is :;: ::eterm . d:;; :b. :;;::;t >;<:;; omim x it::.:::::::::De el it::<::::: .<.: r and t h : t .; Eng nee The •connection of Lassen Avcnuc to Liberty -Bell Rd.shall be in he form of a knuckle per City standard. PP08:03:93/10:10aaA:\JfINNOD7-CC1 14 ....................................................................................................................................................................................... ........................................................................................................................................................................................... d. i;:::.P. t ::: .:::4Xh :; az di:> i : : ra€�i:>: . ..................................................................................................................... ............................................ ................... the : :ul:t�ma ::>::::>::: : arida z: a :«:»::: x en :e::::<:a :::.. n :> i l o meat cr a .th: cetiter, te' 's:h 1 > >> d 4.41- nc de'< `....?:' o s <`na .»»;.' :<� mt :::::: :.:.:.:, i:.::::::: .::: .:: :: : toff:::: .,: . ..:.fid: 156 ...::moi:^;:,i:::.:`::^i:i:i.; :.:i::':.::.<•::::.:.: .. :.i::'.i:.:.ii::.::.iii .::::. .::'.: :::::.:i::.'::.: ::::::..:.„:.:':::.:.,.::..: ...,..vi::.i5.......................... te>:< hu::>:e: ea€ :<: the::>: xty>::> a€� :LAee >:> :<:: Although not a requirement of this development, it is noted for future reference that any future strcct intersection Lazccn of Liberty Bell Road shall not be offset from the traffic circle. e. No changes f . The applicant shall construct the necessary feet wide) along Liberty Bcll Road per the Circulation Element of the Moorpark General Plan. g. The applicant shall be responsible for all maintenance of the public sidewalks and landscaped parkways „., a 6.ii,,. ,.>:.:_ . > on Los Angeles Avenue, of d x Liberty Bell Road, and Lassen Avenue or other publicly dedicated street adjacent to or within the project. h. The applicant shall agree to provide the necessary public maintenance easements for the landscaped areas along and adjacent to Los Angeles Avenue, Pork Lane, Lassen Avenue and Liberty Bell Road. The applicant shall also not oppose the formation of a landscape maintenance assessment district, if and when created by the City. 23 . The applicant shall demonstrate, for each building pad to the satisfaction of the City as follows: a. Adequate protection from 100 year frequency storm; b. Feasible access during a 10 year frequency storm. 24. The:»> pp4 a t shall su azt a the .t :o spark a re >: and.:. a roval:€,iii€ 4a ` a . :.is ...h :tdrrc.l o -is . aria. .::. . .c i.1.p 1.,a g1Mn: *eps ee 1iy ec x t e iP.Fl Eng. ne :r::;: <s:hall::>:< nter:<::::int s:::an::::::a<reeem n:t::<::. :::..: :':>::>.: ' ;:.: ::>::o:: +P140..4Ni i..:..... : .e*e:::<::: : :*... a m: #0�x eats:>: x :r::,:hs.4a::: :. . interi.,... ...>:>:,.,.e ar.:.:,...,.; n,:::<: <::.:.:..; ;:::; t ':;:':;'> : . ;l,i::::;:<;:>.i . i xt a ret arar�te$i ;ir1 e c ru ..----,....,,,,a-,,,: PP08:O3:93/10:1OawA:\MZJR/OD7_cc1 15 : x met'n <: » . : i:d '. : >:�:,: : aichll:.; a ::h se.:.>.'. : be:. ! : < > : ;d> h,ep, ,:,>:; < s ccss r >wi : ie =... € ri > ; ; $rpe ,, ;:gi< :p` if ''''' > , .e: ... ,. . ; 'th ; _ :„ .: a : <<: r :: . ti s�7go o . .ki .. <: eppsean :<c ;p;oyab a thepi yli�a: a . : :subeci:t: :o i e be efitof . eCt Vgerancthe : �y n� n ` ia on floe:.:s ' �4: . t .............................................................................................................................................................................................................. :.>.,: >.: ..a; ,..,.;;,•,..:: r :;..;.: ...<><an m:<<c vi:wa:< ::':_ :: ; <>:<: .. :::>::::::>::::'>:. : :>::. . 1 i ::>< ondit:ion:s::::::before:>;:;... ••:<::after deve. :;o..Mme t: : No other changes until Paragraph 2, Sub-paragraph 4 (which shall be deleted) retention such that 10year floras after development do not cxcccd existing 10 year flows. this condition can be the City of Moorpark and construction is permitted by Caltrans. Paragraph 3, Sub-paragraph 2 shall be modified as follows: all catch basins on continuous grades shall carry a -year frequency storm; Also add the following new paragraph: The > rm Dkai > t .. ::::::; : <> >,,,, <:::: ::ii:::':>::fikum, t7ar3 l,ane.< o,:.>: sta Axreii,�e ;,ad;:; ,x PT 89 .1..:.and<::>> :::<:::8 :-: :::.<:::.<:thal: ::: : : :: <: n . ::;: ::;:f::,>''::: .t o i i i thill0'`:':qv. :<:.:,:;>::::h:;:;.5:::::::,;}a< :: .d:.:.x.•.:: >::. t .;::.::.::.. .paer fl ..,. ,cher . ori th the' nnders t:and ,ns th, e....insta. 41p o ....said:::sy t ...: aii:..b : re rsed . gMii 4 d»when€ fu s:<: r; _c.; :;: :::.,. <:> .il::: .::77:'::>.;;;.::;y ;h iii incorporating><:>:>::;: ::::>::>::;<:; . :>::::;>:::>:: ::: ;: <.,. `���1T:T..,_,:...:..::5+4�i.�,,,,'�4! 4.:yy:i:f:y:: .:.::::.ii:y ;., .i.:.:.ii>i;i.;:.�.>:+i:..':..":�”i:::.::::...:.*:.:::'.•:::: :: ii ii:.,..::_:.:::.::.::,i:i.: :.:.:::.::: i::v::i::::.:::i:::. ::::::: toxal :"> ',!7Lni st'i..y..} t,..:e : :::::•..;.Q:;::.: . ayy:�`'�': ; : ,y ;°,;',}..Ii ,:.</;,lf;:>;: •.,.:j:�:1. ::.::::::.:%'i::::':i.::.iF::`"i "'"": :::::::fi':?:'s':+•: Ti th• t Rty� ttliti i Sd1 C"d:3 t'i7 a:s sty:• ,..: ;::><: ,:::.. >:::<::<:>:::::::":: ::::>:<:::: ;,. asessment>?ddte: ':< ,<i :.,»; :«<.:..._...._.:::::.:...............................: ..:..:,..._._.__.,.:....__.._..........._. 29 . 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 an assessment district or other financing technique including, but not limited to,&Rd the payment of traffic mitigation fees, which the City may implement or adopt, fund public street and traffic improvements cdireencty....or indirectly affected by at .st a pro ed itthe development. pRvelbiiii. .. :: yhDirect . ... orofomm nit PP08:03:93/10:1OaaA:\XIRMOD7.Cc1 16 MEMORANDUM TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Development-g.- DATE: August 18, 1993 SUBJECT: CONSENT CALENDAR ITEM 8H (MINOR MODIFICATION NO. 1 TO LDM 89-2 AND MINOR MODIFICATION NO. 7 TO CPD 89-1 ON THE APPLICATION OF MACLEOD CONSTRUCTION COMPANY Since distribution of the above captioned item to the City Council, staff has added the following condition to Minor Modification No. 7 to CPD 89-1: Approval of the site plan for Minor Modification No. 7 to CPD 89-1 is conceptual approval only. All final construction working drawings, grading and drainage plans, plot plans, final parcel map, sign programs and landscape and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review. The final design of the elevations, floor plans, construction drawings and site plan shall be subject to review and approval of the Director of Community Development prior to the issuance of a Zoning Clearance. Attachment: 1. Revised Conditions for Minor Modification No. 7 to CPD 89-1. 2 . Reduced approved site plan of CPD 89-1 and -2 cc. Steve Kueny, City Manager Paul Porter, Senior Planner CPD 89-1 Minor Mod. 7 file Chroni File PPO8z28:93/I2:35ja4,\/II190U7.CC2 1 THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE EXISTING CONDITIONS OF APPROVAL FOR CPD 89-1 CONDITIONS FOR CPD 89-1 MINOR MOD NO. 7 1. That a modification to the portion of the site west of the proposed supermarket shall require approval of a Major Modification to CPD 89-1. 2 . Shop Building No. 2 shall be extended to the west wall of the K-Mart building. 3 . Remainder Parcel A and B of TT 4757 shall be joined to LDM 92- 1 and recorded prior to the issuance of a Zoning Clearance for CPD 89-1. 4 . No Occupancy shall be permitted until all of the improvements specified to be completed by Assessment District 92-1 have been completed. 5. Approval of the site plan for Minor Modification No. 7 to CPD 89-1 is conceptual approval only. All final construction working drawings, grading and drainage plans, plot plans, final parcel map, sign programs and landscape and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review. The final design of the elevations, floor plans, construction drawings and site plan shall be subject to review and approval of the Director of Community Development prior to the issuance of a Zoning Clearance. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 6 . The applicant shall plant temporary ground cover on the remainder of the undeveloped site. The applicant shall maintain the ground cover until such time as development occurs on the remainder of the site. Ground cover shall also be placed on that area adjacent to Los Angeles Avenue. PPO8:18:93/12:351nAANIM t.07.cc2 2 ------ - - — I I, --Rill1 ?. --•-1_.. -1. E-r�g o imatost.9 L_.___._I. L. -• • ,1,,•*.'''''f0 - •D' •1 :P N ,.�- c 1 . Il11111J 11x1,1 l) I I If•I(,(J I;WI fp� �/ ;("c ` s� -11 I I 11111 LIQ' I -- : :.:::::::: if_ il ..• [7: isp t, 1.1...P i6:., .;., - ..,2-%"*"..--.-0; V.... -••;.:),'•••• 'CI' ° ii tp• t =.1- _ �r` �` \ % "?)1 U:1-c ' ......... .... f �! y AB.I111l ` • i.� ... nL ` .y ;1,...=.;;;:).., •�. 0 '_ 11llJI IL; LII ;l a�- � • p, i .... .......::I `i-> ' L . 1,,, ''. 7 -_ • M. .jZ'' A _ •''`� __L!L ‘' 1111111111111(1T]1 _ •; o o E_ -7_.= _ I I -m i- .P �. U_IIlIllIr It IIIIFFEEfflclitl'I�I!i 11 — ; _ = C. Ir1iIf�UI _� J _i ILS111�� 11i�1)I I I i 1'�.�I4.UJ)�i ? -c I I I c • • t — V �t�a. — A CX,irfLll llitil ltl i'f 11 `� • it Y ID (N\\\ ,\SXkl ' • :, 1 j s.....''--'.-7:7 0 3 r.e1A— I:'.07 /i/A/A i V.i."7/I 45C/ ::j ? 111Lfl-4 (�, : - �ic j (llifif '• //T77////W/ITO : it _I �, 5 PE t$.E` z L -�y111ulrmlllluttlllull� �� 0 1 !� —.. ?L 4:;` or. pt* .. _, . • B), t• j I m � s .O 1`i �`: - 11.1 L11�'llll J _ �� PARK— —LANE i/ �y��': — -- — — • Lfutesruoca COMMERCIAL I _ e 7p �St-9. o0'_;-,' � r ! r j � S �� _ < 7C ,<xo6ai 9 4`4 • �IIiII � ����IM t o F' o n gil 3I�� u5",6 iii Cmi— sift_fi' 1 �•,B � d � 8 E. � a It M o N L+ I _ -• . {S�• I j I �iel l !Pf`•j f: . o L o Err r O —t. • E- ' I�� g IIIMI aa ZtT _I_ t, y q „$ • ~.w MISSION BELL PLAZA VENTURAP1 iCCAPITALCD.'�'�•'1”-' 1n3Nag ili SITE PLAN 'NIAO CONSTRUCTION CO.:n l»t>n a �Y MOORPARK CALIFORNIA If80S798rfi 7- 921 Pa hints I j II.. i� . VENTURAf PACIFIC CAPITAL COMPANY REAL ESTATE MANAGEMENT&DEVELOPMENT 390 Rosewood Avenue/Suite D/Camarillo, Calijontia 93010/(805) 987-6921 Mailing Address: P. O. Box 179, Camarillo, California 93011 August 18, 1993 Mayor Paul Lawrason and Members of the City Council City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Gentlemen: In light of the pending application by Macleod Construction on CPD-1 and without benefit of a staff report at this writing, Ventura Pacific Capital Company (CPD89-2) feels it is in the best interests of all parties involved to review the steps taken over the last two years which allowed development of Mission Bell Plaza to proceed. This letter will hopefully aid the City Council in clarifying the salient conditions that are a part of the approval process of the Minor Modification No. 1 for CPD89-1. Therefore: Major Modification #1 to CPD89-1 and 89-2 was approved by Council in October 1991. This major modification changed the site plan previously approved under CPD89-1 and 89-2 in November 1990 to allow for the development of a K-Mart store in lieu of a supermarket. As the staff report did reflect, this plan called for the connection of shops to the west side of K-Mart and was part of a joint application with Macleod Construction (CPD89-1). Ventura Pacific Capital Company made application for Minor Modification#1 ("Minor Mod #1") to the above mentioned CPD in March 1992. The purpose of this request was to allow for "self-contained traffic circulation" in lieu of an agreement with Macleod for access from Lassen Avenue and Liberty Bell. The self-contained traffic circulation included access around the west side of K-Mart over the 22 feet between the Ventura Pacific property and the K-Mart building, a portion of which subsequently came to be known as Remainder Parcel "B" on the recorded Tract Map. This was approved by Council in May 1992. Three points should be noted at this juncture: With Minor Mod #1 approval we were able to record a tract map for the project, which allowed VPCC to comply with the K-Mart agreement and obtain financing. Secondly, we were able to meet the City's established parking requirements within the property lines of CPD89-2 (which included encroachment into the landscape setback along Lassen and behind K-Mart) since the approved site plan per the minor modification showed a surplus of nine parking stalls. Finally, in order to E,cityO81893 Mayor Paul Lawrason and Members of the City Council August 18, 1993 Page Two create a drive aisle for the truck access to the rear of K-Mart, the 22 feet of building on the Ventura Pacific property tying into the west side of K-Mart was temporarily eliminated, thus creating the void and need for Remainder Parcel "B" of the recorded tract map. Moreover, the Council may recall that Park Lane was widened to allow for proper circulation and access for the Macleod residential project which necessitated a redesign of the site plan, moving the Shop #1 building west to allow for the widening of Park Lane. We pledged at that time to continue to work with Macleod to eliminate the parking in the landscape setback behind K-Mart and create additional parking on the Macleod property to meet VPCC parking requirements which was eventually obtained via the easement agreement executed with Macleod in July 1992. Based upon the approval of the Minor Mod #1 (CPD89-2) in March 1992, Ventura Pacific completed the tract map and site development plans and submitted the tract map for plan check in May 1992. The Remainder Parcel 'B" was created to comply with the original requirement of a tie-in between Macleod and Ventura Pacific and the integration of the two projects. Without Remainder Parcel "B", the aforementioned 22 feet would have had to be included as part of K-Mart's leasehold interest (Parcel 1 of the recorded Tract Map) and, therefore,under the control of K-Mart ad infinitum precluding any future tie-in between the two projects. An easement agreement was completed between Macleod and Ventura Pacific and signed in July 1992. At this time we were well into plan check on the site and had just started our third and final check of the tract map on CPD89-2. We bid out the project and started grading operations in October 1992. With this letter Ventura Pacific Capital Company offers our full cooperation to the City of Moorpark and Mr. Macleod to allow the tie-in for the shop's buildings west of K-Mart. We anxiously welcome additional commercial activity in Mission Bell Plaza to solidify this sector of Los Angeles Avenue as the City's commercial corridor. We are committed to a successful Mission Bell Plaza and our commitment can be measured by our financial guarantees to the assessment district, flood control activities on the Macleod property during the heavy rainy season and posting bonds for improvements for CPD89-1. The formal separation of CDP89-1 and 89-2 was approved by Council on July 12, 1993. We want to assure the City and Mr. Macleod that we will cooperate in every way to ensure the integration and harmonious development of these properties and their future as a commercial centerpiece. We look forward to completing a reciprocal easement and access agreement ("REA") as required by the City which will cover reciprocal parking arrangements, access, utilities and maintenance pursuant to Condition #100 of the CPD. E:city081893 Mayor Paul Lawrason and Members of the City Council August 18, 1993 Page Two We thank you for your time, consideration and patience throughout the past four years and assure you and Mr. Macleod of our interest and intent to bring a completed project to the City of Moorpark in a timely fashion which the City has long desired and is so close to accomplishing. Sincerely; , .1Ven0'N.%Sponde l lb;Jr. cc: Steve Kueny Jini Aguilera Ken Macleod Richard Devericks E:city081893 - AUG - 18 - 93 WED 16 : 43 P . e ' OEOMS( MACLEOD • Fauna KENNETH 0. MACLEOD (0000.1970) PecnanwT II MACLEOD CONSTRUCTION CO. GENERAL BUILDING CONTRACTORS LC.#231207 MON(me aM-uoo 4282 Telegraph Rand POST OFFICE BOX 3877 VENTURA,CALIFORNIA 83006 August 18, 1993 Mayor Paul Lawrason and Members of the City Council City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Subject: Minor modification NO. 1 to LDM 89-2 and Minor Modification 11O. 7 to CPD 89-2 Gentlemen: Regarding our subject Minor Modification M0. 1 to LDM 89-2 as discussed in the Agenda Report prepared by Mr. Jaime Aguilera,Director of Community Development, and identified as ITEM 8.R. of the August 18th Council meeting we respectfully respond as follows: 1. We had no prior knowledge of certain of the City Engineer's Conditions that have been included as requirements of the approval of the subject modifica- tion until receipt of the Director's Agenda Report on Monday August 16th. 2. Re: Added Conditions of Approval in addition to Existing Conditions of for CPD 89-1 (Attachment A-Page 6 of Agenda Report) Subject to our ability to obtain an equitable arrangement with Ventura Pacific Capital Co. regarding the 22 foot strip between the joint property line and the K-MART building we are willing to extend Shops Building B0. 2 to the vest wall of the K-MART building as conditioned. There has been insufficient tine to date for in-depth discussions between the top property owners to occur. 3. City Engineer Conditions (As modifications to conditions previously applicable to resolution 90-721) New Condition 22d. - Requirement that Macleod design and bond for improvements to Poindexter Avenue south of the centerline We are about to enter into escrow with a qualified home developer for the purchase of the residential portion of our property (bounded by Lassen Ave. on the south and Poindexter Ave. on the north). They intend to develop-a high-quality subdivision of single family detached homes . •07 •c,� POMC aa-, RUG - 18 - 93 WED 16 : 42 P . 02 August 18, 1993 Mayor Paul Lawrason and Members of the City Council Page Two 3. Continued We respectfully request that the subject Condition 22d. be deleted as a requirement of LDM 89-2 and be subsequently applied as a condition of the RPD approval process of the home builder. 4. Rationale for Requested Cooperation on Expeditous Processing of Subject Minor Modification to ISM 89-2 It has been difficult to locate a qualified home developer who is sensitive to the needs of Moorpark and capable of designing and producing a high- quality product. The intended purchaser of the residential land meets these criteria. Our agreement with them is based on a relatively "fast track" approval process to allow them to obtain the most favorable financing and be able to reflect this in the price of the homes. The subject firm has done extensive research of the Moorpark marketplace and has selected this property as being suitable for an intended out- standing development. Status of Westerly Portion of Misison Bell Plaza ("Mission Bell West") and General Comments The staff is aware that we strongly desire to place at an early date certain complementing retail uses on our portion of Mission Bell Plaza most closely adjoining the anchor tenant facility on the easterly portion of "Mission Bell East". We are discovering the larger of such users have very exacting re- quirements regarding parking, reciprocal) access arrangements, use restric- tions of other portions of the center, common area maintenance, etc. If we had executed in the spring of 1992 the only Reciprocal Easement and Access Agreement offered to us by the Misisen Bell East Anchor Tenant-with its considerable restrictions on the future operations on our property-we would not now be in a position to bring such complementing users to our property. As evidence of our dedication to the present and future of Mission Bell Plaza we committed ourselves, without retail users, to joining the Assessment Dis- trict. This enabling the public improvements, now under construction, to be performed that could not have been bonded and paid for by a single developer. • Respectfully submitttee�d, a enneMacleod PUG 18 '93 1637 PAGE.002 OFFICE OF THE CITY CLERK CITY OF MOORPARK MEMORANDUM TO: The Honorable City Council FROM: Lillian E. Hare, City Clerk-V DATE: August 16, 1993 SUBJECT: Agenda Packet for City Council Meeting of August 18, 1993 The attached items are being provided to the Council as attachments to Item 8.H. of the 8/18/93 agenda: Consider Minor Modification No. 1 to LDM 89-2 to Allow the Deletion of Upper Liberty Bell Road and to Change the Property Line of Parcels 1 and 2 , to Allow Parcel 1 to be Saleable or Leasable to the Major Tenant and Minor Modification No. 7 to CPD 89-2 to Allow Construction of a Supermarket and Shop No. 2 and Building Pad along Los Angeles Avenue West of the Proposed K-Mart - Macleod Construction Company. cc: Steven Kueny, City Manager c:\wp51\citycler\930816.07 V3)NMdlIOON t31N33 ONIddOHS 1138 NOISSIW6ss6-S6r(S09) 1 3WOkOIC a YJA.w,»uy.rr av�y aSa01 : U3 . 3,s a Iles 4 m •v.''"H3N9I33S 7V3N .• t.i a. 'g ; •'II o-' t3l,i .117. I. 7— i S :18144 EIS g €. . l; 1 -4I1 ' s d ii i+' �; �qEt. 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' ��l�II r ' — Viilr�l� 9�;i llllill¢ lt!!dlfl 0 1ri • sao,, illi.: Sao46.°°� - iJ I i 511681 L I :::2 C 3taAV IV3l�D iJv3AVa b • 'Ys j ti la ki �, 1 M �..,- � r' CJLJIIfIi IIT` �; ! !!� Z -- 1_11 - k -� I C I 1' 1 1 1 camas'. sr:- _ ‘-‘1711g7, 1 i InIficliili . y.,: 5 I el - ---i----.L--—L. —.._.' a� a m n IAI I • Z 4 . lc r _ 1 . jal _ • !LP i ti.,-. ii Ir- 1 r E111 I_..._.'1111{1, •-- i _3 ;r: _ _- a -..9.°19111! riai III I a't f; a - r . .. J .. QOM a. Allr-i 111...04/W---- ty_____11 -----i 1 11 eft' . i ILNI o. ; t MM a • --"-------7-0. - '1S 1_r 01 1 CL-. 4 4-. Mu r.r;- LS ..11 1.1 .4.1( . AMP.. '.." . + •, i 1 t6 f • I r a , tt I 1 a 1 ra.....,marwmool I A • - . ::•y:-X= , rl it II II i I -.' 24t 14 - IRV rs:...._ ____--Air Piji r• a 1 i ► . « ; 11 I N 7 \ i E i.:::....a; Tom+ _ `�- ' d \ \ t�= d . Iii ik (:,... i AA. .1- ........ i- \i....... I it y ma I .11, g_ ., . , - :-... • ._ Sr` 1 ;is - _ ,,-.-I. - Ill • - b , ey r' R �� _I 1 C �• i if 11 1