HomeMy WebLinkAboutAGENDA REPORT 1992 0506 CC REG ITEM 08H Ape
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I 799 Moorpark Avenue Moorpark, California 93021 AMA •
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MEMORANDUM •N7AD..:
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TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: April 6, 1992 (CC meeting of May 6, 1992)
SUBJECT: MINOR MODIFICATION TO CPD 89-2 AND TENTATIVE TRACT MAP
NO. 4757 (VENTURA PACIFIC CAPITAL COMPANY)
Dackaround
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 .
Discussion
On April 22, 1991 , the applicant applied for Minor Modification No.
1 to the CPD 89-2. Ventura Pacific Capital Company and Macleod
Construction have not finalized certain documentation regarding
reciprocal access, easement, and parking issues that are conditions
of approval required to be satisfied prior to beginning Phase 1 of
the shopping center project. Therefore, in order to allow Phase 1
to proceed, the applicant has requested the following minor
modifications to the conditions of approval and plans regarding CPD
89-2:
1. Add fourteen (14) temporary parking spaces behind the proposed
K-Mart building, create seven (7) permanent parking spaces
east of K-Mart along Park Lane, and temporary truck access
through a main entrance from Los Angeles Avenue through the
parking lot along approximately a twenty two ( 22) foot
temporary westerly drive-aisle and contiguous to the K-Mart
building (see Exhibit No. 1) .
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PAUL W.LAWRASON JR. JOHN E.WOZNIAK SCOTT ONTGOMERY BERNARDO M. •EREZ •' 0'T ` r
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember '
Printed On Recycled Paper
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2 . Per K-Mart's request, allow modification of parking
configuration from sixty (60) degree parking to ninety (90)
degree parking (see Exhibit No. 1) .
3 . Clarify and/or modify the following conditions to Commercial
Planned Development Permit Nos. 89-1 and -2 (20, 25, 82 , 86,
92, 94, and 110) , Tentative Tract Map No. 4757 condition
Nos.28, 37 which reads:
As an option in place of the Surety Performance Bond
requirement, the applicant or his successors for Phase II
and III will be allowed to record the parcel map (LDM 89-
2) if the applicant or successor of Phase II and III
agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and
agrees to enter into a Reciprocal Access and Parking
Easement Agreement between CPD 89-1 and CPD 89-2, prior
to the issuance of a Zoning Clearance for CPD 89-1 (Phase
1) .
The applicant is requesting that the above condition be modified to
read as follows:
As an option in place of the Surety Performance Bond
requirement, the applicant or his successors for Phase II
and Phase III will be allowed to record the parcel map
(LDM 89-2) if the applicant or successor of Phase II and
III agrees to have a subordinate lien to the benefit of
the City of Moorpark placed on the subject property and
agrees to execute a Reciprocal Access and Parking
Easement Agreement and Sideyard Agreement acceptable to
the Building Official and Director of Community
Development between CPD 89-1 and CPD 89-2, prior to the
issuance of a Zoning Clearance for CPD 89-1 (Phase II)
4 . Delete the first sentence of the City Engineer's Condition of
Approval No. 100 to CPD 89-1 and -2:
The applicant shall provide a recorded reciprocal access
agreement as necessary to permit access between CPD 89-1 and
CPD 89-2.
As an option in place of the Security Performance Bond
requirement, the applicant or his successors for Phase II and
Phase III will be allowed to record the parcel map (LDM 89-2)
if the applicant or successor of Phase II and III agrees to
have a subordinate lien to the benefit of the City of Moorpark
placed on the subject property and agrees to enter into a
Reciprocal Access and Parking Easement Agreement between CPD
89-1 and CPD 89-2, prior to the issuance of a Zoning Clearance
for CPD 89-1 (Phase I) .
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The applicant is requesting that the remaining language in
Condition No. 100 read the same as in paragraph above, as modified
by the applicant.
The applicant shall provide a recorded reciprocal access
CPD 09 2.
As an option in place of the Surety Performance Bond
requirement, the applicant or his successors for Phase II and
Phase III will be allowed to record the parcel map (LDM 89-2)
if the applicant or successor of Phase II and III agrees to
have a subordinate lien to the benefit of the City of Moorpark
placed on the subject property and agrees to execute a
Reciprocal Access and Parking Easement Agreement and Sideyard
Agreement acceptable to the City Engineer and Director of
Community Development between CPD 89-1 and CPD 89-2, prior to
the issuance of a Zoning Clearance for CPD 89-1 (Phase II)
5. Exclude the following requirements for Ventura Pacific Capital
Company (CPD 89-2) until proper documentation described above
has been executed:
a. Any improvements to CPD 89-1;
b. Any maintenance requirements on CPD 89-1;
c. City Conditions of Approval that would require for the
compliance of a Reciprocal Access and Parking Easement
Agreement as a prerequisite for building permits or
occupancy for CPD 89-2.
Staff Comments:
Item No. 1
Staff concurs with the additional 14 temporary parking spaces
behind K-Mart, but has conditioned the modification to require that
the applicant provide an agreement stating that the temporary
parking spaces be replaced with landscaping, the temporary truck
access be abandoned along the west side of K-Mart and substituted
with permanent parking, landscaping and shop space where
appropriate and that the truck access be brought into conformance
with the access shown on the plan approved for Major Modification
No. 1 with the occupancy of the first building within CPD 89-1
(other than K-Mart) . The temporary truck access and proposed
fourteen (14) parallel parking spaces encroach into the landscaping
buffer adjacent to Lassen Avenue. The landscaping to the north of
the proposed K-Mart is important as it will provide a buffer to
the rear of the building from Lassen Avenue.
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Item No. 2
Staff concurs with the change in the 60 degree to 90 degree parking
in front of the proposed K-Mart building. However, it should be
noted that when CPD 89-1 (west portion of the project develops) ,
there may be a need to modify the parking configuration to better
accommodate the proposed 90-degree parking arrangement proposed for
the K-Mart. Consideration towards reverting back to angeled
parking from the proposed 90 degree parking stalls should be
reconsidered at the time the parking lot is resurfaced or the
adjacent commercial property to the west is developed.
;tem No. 3
Staff concurs with the modification to the conditions as proposed
by the applicant.
Item No. 4
Staff concurs with the modification to Condition No. 100 of
Commercial Planned Development Nos. 89-1 and -2 .
,item No. 5
Staff is of the opinion that there is a possibility that CPD 89-1
may not develop within the foreseeable future and it is therefore
necessary that the City ensure that the required improvements are
in fact are made such as: 1) the temporary parking spaces be
replaced with landscaping, 2) the temporary truck access be
abandoned along the west side of K-Mart and substituted with
permanent parking, landscaping and shop space where appropriate,
and 3) the truck access be brought into conformance with the
access shown on the plan approved for Major Modification No. 1 with
the occupancy of the first building located on the adjacent
commercial property to the west of the proposed K-Mart.
The Director of Community Development has reviewed the proposed
Minor Modification and plans to Conditionally approve it. 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.
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 June 3 , 1992. If the City Council takes no action, the
Director's decision stands.
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Recommendation
Receive and File
Attachments: 1 . Condition of Approval for Minor Modification
2. Conditions of approval for Major Modification
No. 1 to CPD 89-1 and -2, and Tentative Tract
Map No. 4757
3 . Revised Plot Plan
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ADDITIONAL AND REVISED CONDITIONS OF APPROVAL TO CPD 89-1 & 2
1 . Prior to issuance of a Zoning Clearance for CPD 89-2 , the
applicant provide an agreement stating that: 1) the temporary
parking spaces be replaced with landscaping, 2) the
temporary truck access be abandoned along the west side of K-
Mart and substituted with permanent parking, landscaping and
shop space where appropriate, and 3) the truck access be
brought into conformance with the access shown on the plan
approved for Major Modification No. 1 with the occupancy of
the first building located on the adjacent commercial property
to the west of the proposed K-Mart.
2. (REVISED - conditions to Commercial Planned Development Permit
SOs. 89-1 and -2 (20, 25, 82, 86, 92, 94, and 110) , Tentative
Tract Map No. 4757 condition Nos.28, 37)
As an option in place of the Surety Performance Bond
requirement, the applicant or his successors for Phase II and
Phase III will be allowed to record the parcel map (LDM 89-2)
if the applicant or successor of Phase II and III agrees to
have a subordinate lien to the benefit of the City of Moorpark
placed on the subject property and agrees to execute a
Reciprocal Access and Parking Easement Agreement and Sideyard
Agreement acceptable to the Building Official and Director of
Community Development between CPD 89-1 and CPD 89-2, prior to
the issuance of a Zoning Clearance for CPD 89-1 (Phase II)
3 . (REVISED - condition No. 100 to cpd 89-1 and - 2)
As an option in place of the Surety Performance Bond
requirement, the applicant or his successors for Phase II and
Phase III will be allowed to record the parcel map (LDM 89-2)
if the applicant or successor of Phase II and III agrees to
have a subordinate lien to the benefit of the City of Moorpark
placed on the subject property and agrees to execute a
Reciprocal Access and Parking Easement Agreement and Sideyard
Agreement acceptable to the City Engineer and Director of
Community Development between CPD 89-1 and CPD 89-2, prior to
the issuance of a Zoning Clearance for CPD 89-1 (Phase II)
ATTACHMENT 1
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RESOLUTION NO. 91-808
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA
APPROVING THE TENTATIVE TRACT MAP (TTM) 4757 FOR VENTURA PACIFIC CAPITAL
CORPORATION AND MACLEOD CONSTRUCTION COMPANY (ASSESSORS PARCEL # 511-080-
190,200,210,310,320,AND 370).
WHEREAS, at duly noticed public hearing on August 21, 1991, September 4, 1991, and
September 18, 1991, the City Council considered the Tentative Tract Map (TTM) 4757 for thirteen (13)
parcels, located on the north side of Los Angeles Avenue and west side of Park Lane in the City of
Moorpark;and
WHEREAS, at its meeting of August 21, 1991, September 4, 1991, and September 18, 1991, the
City Council opened the public hearing, and took testimony from all those wishing to testify and then
closed the public hearing on September 18,1991;and
WHEREAS, the City Council after review and consideration of the information contained in
the Staff Report dated August 21, 1991, September 4, 1991, and September 18, 1991, and the draft
Supplemental Environmental Impact Report (EIR) prepared for the proposed project has reached a
decision on this matter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA,
DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California Environmental Quality Act
(CEQA, Division 13 of the Public Resources Code of the State of California), the City Council of
the City of Moorpark determines that the environmental issues, effects and mitigation of the
proposed project are similar to those addressed in the Draft Supplemental EIR prepared for the
proposed project and that cumulative impacts are adequately addressed in the Draft
Supplemental FIR.
SECTION 2. That the City Council certifies compliance with the following:
a. Subdivision Map Act Compli n : Based upon the information set forth above,it is
determined that the subject Tentative Tract Map 4757 meets the requirements of
California Government Code(The Subdivision Map Act)Sections 66410-66499.58 et seq.,
as follows:
• The proposed map is consistent with the applicable general and specific plans;
• The design and improvements of the proposed subdivision are generally
consistent with the applicable and general specific plans;
= ca.city, under penalty
of p-_r;_:ry, that the attached is The site is physically suitable for the type of development proposed;
a true and correct copy of the
original document which is on
file in this office. ;I
Executed on /0-8 -21
at Moorpark, California. _
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`14Ld—.44City Clerk ATTACHMENT 2
• The site is physically suitable for the proposed density of development;
• The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage that have not been disclosed in the
Draft Supplemental EIR;
• The design of the subdivision and the type of improvements are not likely to
cause serious public health problems;
• The design of the subdivision and the type of improvements would not conflict
with easements,acquired by the public at large,for access through or use of
property within the proposed subdivision.
• There would be no discharge of waste from the proposed subdivision into an
existing community sewer system in violation of existing water quality control
requirements under Water Code Section 13000 et seq.•and
• The proposed subdivision does not contain or front upon any public waterway, •
river, stream, coastline, shoreline, lake or reservoir.
b. Certification of the Mitigation Monitoring Plan for the Final Supplemental EIR, which
is incorporated herein by reference as Exhibit "C".
c. Approves the Findings of Significance and Statement of Overriding Considerations as
required under section 21081 and 15093 of the California Environmental Quality Act
(CEQA) and Guidelines, which are incorporated herein by reference as Exhibit "D"
and "E".
SECTION 3. Therefore, the City Council approves the following:
a. The Tentative Tract Map (TIM) 4757 pursuant to the findings in the City Council staff
report dated September 18, 1991,and subject to the conditions of approval contained in the staff
report dated October 2 ,1991, (EXHIBIT 'B') including the changes to the conditions of approval
as stated by the City Council on September 4, 1991,and September 18,1991.
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PASSED, APPROVED AND ADOPTED THIS OCTOBER 2, 1991.
(2.}/{ tilrIA 7-Pt--
Paul W. Lawr. .n,Jr.
City of Moorpark
ATTEST:
9
Lillian E. Kelle •n •' \
City Clerk .,
011141119 ens
pir visa
Attachments: 1. f B- .1:Mak r• of Approval for TTM 4757.
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EXHIBIT B
TENTATIVE TRACT MAP 4757-MAJOR MODIFICATION#1
CONDITIONS OF APPROVAL
October 2,1991
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
TENTATIVE TRACT MAP CONDITIONS
GENERAL REQUIREMENTS
i. The conditions of approval of this Tentative Tract Map supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on said map:and
that all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City
policies apply.
2. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the
conditions of this Map.
3. All applicable requirements of any law or agency of the State, City of Moorpark and any other
governmental entity shall be met,and all such requirements and enactments shall,by reference,
become conditions of this entitlement.
4. The developer's recordation of this map and/or commencement of construction as a result of this
map shall be deemed to be acceptance of all conditions of this map by the applicant.
5. That no condition of this entitlement shall be interpreted as permitting or requiring any
violation of law, or any lawful rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply, the stricter ones shall take
precedence.
6. That if any of the conditions or limitations of this subdivision are held to be invalid, that
holding shall not invalidate the remaining conditions or limitations set forth.
7. The development shall be subject to all applicable regulations of the CPD zone as applicable.
8. The Tentative Tract Map shall expire three years from the date of its approval. Failure to
record a final map with the Ventura County Office of the Recorder prior to expiration of the
Tentative Map shall terminate all proceedings, and any subdivision of the land shall require
the filing and processing of a new Tentative Map.
9. As of the date of recordation of final map, the parcels depicted thereon shall meet the
requirements of the Zoning Ordinance and General Plan then applicable to the property.
Compliance with this condition shall be required even if the zoning and General Plan
requirements in effect as of the date the tentative map is conditional approved. Conditional
approval of the tentative map shall neither limit the power of the legislative body to amend
the applicable zoning ordinances and/or General Plan nor compel the legislative body to make
any such amendments.
10. That the subdivider shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul any approval by the City or any of its
agencies,departments,commissions,agents,officers,or proceeding is brought within the time
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period provided therefore in Government Code Section 66499.37. The city will promptly notify
the subdivider of any such claim, action or proceeding, and, if the city should fail to do so or
should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible
to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant
to this condition. The city may, within its unlimited discretion, participate in the defense of
any such claim,action or proceeding if both of the following occur:
a. The city bears its own attorney fees and costs;
b. The city defends the claim,action or proceeding in good faith.
The subdivider shall not be required to pay or perform any settlement of such claim, action or
proceeding unless the settlement is approved by the subdivider. The subdivider's obligations
under this condition shall apply regardless of whether a tract map is ultimately recorded with
respect to the subdivision.
11. Within two days after approval of the project by the City Council, the applicant shall deposit
with the City a check for $850.00 plus a $25.00 filing fee made payable to the County of
Ventura. This fee is for the State Department of Fish and Game required Notice of
Determination filing fee in accordance with Assembly Bill 3158, for the management and
protection of statewide fish and wildlife trust resources.
12. Any appropriate conditions for CPD 89-1, 89-2 (Major Modification) that are applicable to this
subdivision shall be incorporated by reference in the conditions of approval for Tentative Tract
Map 4757.
PRIOR TO FINAL MAP RECORDATION,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
13. No zone clearance shall be issued for construction until the final tract map has been recorded.
Prior to the issuance of any permit,a zoning clearance shall be obtained from the Department of
Community Development and a Building Permit shall be obtained from the Department of
Building and Safety after the granting of a zoning clearance.
14. Prior to the Final Map Recordation, the applicant shall pay all outstanding case processing
(planning and engineering), environmental impact report preparation costs, and all City legal
service fees be paid for the Major Modification #1 to CPD 89-1 and 89-2 and TTM 4757.
15. Prior to the Final Tract Map Recordation, the applicant shall deposit fees pursuant to City
Resolution No. 89-605 for condition compliance review.
16. Prior to the Final Tract Map Recordation, the permittee shall sign a statement indicating
awareness and understanding of all permit conditions, and shall agree to abide by these
conditions.
CITY ENGINEER'S CONDITIONS
PRIOR TO FINAL MAP APPROVAL,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
17. a. Developers of CPD 89-1 and 89-2 shall be allowed to file and record a lot line
adjustment in accordance with Section 66412(d), Subdivision Map Act, California Government
Code, to separate Phase I (CPD 89-2, Tract 4757-1) without the recordation of LDM-89-2
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(Macleod). Physical development and recordation of parcels will thereafter follow in
accordance with approved conditions for phased development of CPD 89-1,CPD 89-2 and Tract
4757.
b. Prior to first building permit, 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.
18. The applicant shall submit to the City 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. Cut or fill slopes shall be no steeper than 2:1 (horizontal:vertical).
At the applicant's request, a staged grading plan can be submitted to the City Engineer for
review and approval.
An erosion control plan shall be submitted for review and approval if any grading is 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. All haul routes shall
be approved by the City Engineer. On-site haul routes shall be limited to graded areas only.
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19. The applicant shall submit to the City for review and approval, a detailed soils and
geotechnical report prepared by a civil engineer and a geotechnical engineer registered with
the State of California. The report shall include a geotechnical investigation with regard to
liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the
recommendation of the approved soils report.
Review of the soils and geotechnical report by the City's geotechnical consultant may be
required by the City Engineer. If so, the applicant shall reimburse the City for all costs
including the City's administative costs.
20. The applicant shall submit to the City for review and approval, street improvement plans
prepared by a registered civil engineer; shall enter into an agreement with the City to complete
the improvements; and shall post sufficient surety guaranteeing the construction of the
improvements. Any necessary right-of-way acquisition necessary to complete the required
improvements will be acquired by the applicant at their expense.
The improvements shall include concrete curb and gutter, sidewalk, striped bike path, street
lights, traffic signals, striping and signing, traffic control, paving, and any necessary
transitions to the satisfaction of the City Engineer. All driveway locations shall be approved
by the City Engineer and the Director of Community Development. The applicable Ventura
County Road Standard Plates are as follows:
a. Los Angeles Avenue per Plate B-2A, modified north of centerline to have 59 feet of
right-of-way, 51 foot pavement width and a 6 foot sidewalk. The sidewalk shall be located
within the landscaped area in a pedestrian easement as necessary. Applicant shall construct
improvements north of the centerline across the frontage of the project in accordance with
Figure I.
Applicant shall also construct sufficient roadway widening along the south side to permit
restriping for a westbound auxiliary lane across the entire frontage of the project,as well as a 12
foot wide eastbound right turn pocket providing a minimum of 150 feet of storage at Liberty Bell
Road (see Figure 1). All Los Angeles Avenue improvements shall be shown first on preliminary
plans which shall be submitted to the City for review and approval, after which they will be
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submitted to Caltrans for review and approval. If Caltrans will not approve the preliminary
plans, the preliminary plans shall be returned to City Council for consideration of alternative
improvements.
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Any direct expenses incurred by the applicant relating to the right-of-way acquisition along
the south side of Los Angeles Avenue shall be reimbursed by the future developer(s) of the
property located along the south side of Los Angeles Avenue. The City will enter into an
agreement with the applicant agreeing to condition the future developer of the property along
the south side of Los Angeles Avenue to reimburse the applicant to the extent legally
enforceable. The applicant shall pay all legal costs, including but not limited to, attorney fees
and administrative costs incurred by the City to impose and/or enforce said agreement or at
applicant's discretion shall waive its eligibility for reimbursements. The agreement will be
prepared by the City Attorney, subject to review by the applicant. The applicant shall pay the
City's legal expenses to prepare the agreement.
The applicant shall make an irrevocable offer of dedication of an additional 9 feet across the
frontage of the project. The City may, in the future, elect to accept this dedication to provide
for construction of additional requirements.
The applicant shall design the main driveway project entrance between Park Lane and Liberty
Bell Road to provide one inbound lane and one outbound lane.The required Los Angeles Avenue
improvements shall include restriping to provide a striped island in the vicinity of this
driveway thereby prohibiting left turns in or out of this driveway.
In conjunction with other Los Angeles Avenue improvements, all necessary transitions shall be
designed and constructed to the satisfaction of the City Engineer and Caltrans. Any
improvements constructed by the City with Los Angeles Avenue Area of Contribution funds that
would normally be the responsibility of the applicant shall be offset by special contributions to
the Los Angeles Avenue Area of Contribution fund.
b. Liberty Bell Road per Plate B-3D and shall be designed and constructed to align with
the ultimate Liberty Bell Road alignment south of Los Angeles Avenue. The Liberty Bell Road -
Los Angeles Avenue intersection must be designed and constructed to provide for necessary
turning pockets and must be reviewed and approved by the City Engineer prior to recordation so
that the dedication of right-of-way on the map will be the ultimate right-of-way dedication.
Liberty Bell Road will be a variable width 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 intended that the concept shown on this figure
be implemented, it is understood that final plan details such as transition design may vary
from that shown in the figure.
As an option, an easement for Liberty Bell Road between phase 2 and 3 may be created rather
than the construction of Liberty Bell Road.
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 pedestrian easement. All
improvements south of centerline plus 12 feet north of centerline except along the Chaparral
Middle School frontage where full-width street improvements (including curb, gutter,
sidewalk, driveway and landscaping) shall be constructed. Landscaping and irrigation shall be
installed along the easement area between the school district property and future Lassen
Avenue.The landscaping shall be designed and constructed to the satisfaction of the Director of
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As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89-2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City oif Moorpark placed on the subject property and agrees to enter into a Reciprocal Access
and Parking Easement Agreement between CPD 89-1 and CPD 89-2, prior to the issuance of a
Zoning Clearance for CPD 89-1 (Phase I).
The drainage plans and calculations shall indicate the following conditions before and after
development:
The Hydrology/Hydraulic Report and Hydraulic Plans shall address the entire project
including the proposed RPD and the following:
• No flows from a 50 year storm shall flow from this project onto Los Angeles Avenue, or to the
existing tract(Tract 1240) to the west.
• The required storm drain improvements required to pick up offsite storm water and carry it to
its final disposal from Poindexter Avenue, McFadden Avenue, Cornette Avenue and Park Lane
as identified by the City of Moorpark Master Drainage Study, shall be designed and
constructed. (Note: The applicant has proposed directing storm water from Poindexter Avenue
directly into the Walnut Canyon drain as an alternative to carry this storm water across the •
site. It is emphasized that this alternative will require permits from the Ventura County Flood
Control District, Southern Pacific Railroad and City of Moorpark. This alternative can be
considered,but all plans and permits must be completed prior to approval of the final map.)
• The storm drain along Los Angeles Avenue shall be extended from its full size terminus to
connect to the existing 54" RCP east of Shasta Avenue. Should the existing storm drain between
Shasta Avenue and the Arroyo Simi require enlargement, the City shall reimburse the
applicant for one-half the construction cost to a maximum of$100,000.
• This study shall analyze the hydraulic capacity of the Shasta Drain to the Arroyo Simi
with and without the Moorpark Avenue storm drain connection.
Quantities of water, water flow rates, major water courses, drainage areas and patterns,
diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology
shall be per current Ventura County Standards except as follows:
• all catch basins in sump locations shall carry a 50-year frequency storm;
• all catch basins on continuous grades shall carry a 50-year storm;
•
• all catch basins in a sump condition shall be sized such that depth of water at intake shall
equal the depth of the approach flows:
• all culverts shall carry a 100-year frequency storm;
• drainage facilities shall be provided such that surface flows are intercepted and contained
prior to entering collector or secondary roadways;
• under a 50-year frequency storm,all collector streets shall be provided with a minimum of one
travel lane with a goal that local, residential streets shall have one travel lane available
where possible.
6
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• Drainage to adjacent parcels shall not be increased or concentrated by this development. All
drainage measures necessary to mitigate storm water flows shall be provided by the applicant.
• All drainage grates shall be designed and constructed with provisions to provide adequate
bicycle safety to the satisfaction of the City Engineer.
• The storm drain connection on Los Angeles Avenue from Park Lane to Shasta Avenue and
fronting CPD 89-I and 89-2 shall be installed prior to occupancy of either CPD 89-1 or CPD 89-2
with the understanding that the installer of said system shall be reimbursed, if and when funds
are collected by the City through the establishment of an assessment district incorporating
those benefiting, undeveloped properties. It is the onus of the developer to formally initiate
the formation and fund all costs associated with establishment of said assessment district.
23. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City.
24. The applicant shall indicate in writing to the City the disposition of any water well (or any
other well that may exist within the project. 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 and per Division of Oil and Gas requirements.
25. If any of the improvements which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to
the filing of the final or parcel map for approval pursuant to Government Code Section 66457.
a. Notify the City in writing that the applicant wishes the City to acquire an interest in the
land which is sufficient for such purposes as provided in Government Code Section 664625;
b. 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 1250310 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;
c. Enter into an agreement with the City,guaranteed by such cash deposits or other security as
the City may require, pursuant to which the applicant 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.
26. The applicant shall pay all energy costs associated with street lighting for a period of one year
from the initial energizing of the street lights.
27. 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 for the construction of public improvements, including but not
limited to, street and sewer improvements necessitated by this project and other projects within
the assessment district, as approved by the City Engineer. The applicant shall retain the right
to protest the amount and the spread of any proposed assessment.
28. The applicant shall post sufficient surety guaranteeing completion of all improvements which
revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model
homes, temporary debris basins,etc.).
7
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As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89-2)if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89-1 and CPD 89-2,prior to the issuance of a Zoning
Clearance for CPD 89-1 (Phase I).
29. The developer of CPD 89-1 shall post sufficient surety for the installation of a traffic signal at
the intersection of Los Angeles Avenue - Liberty Bell Road. The applicant will be eligible to
receive reimbursement from the Los Angeles Avenue Area of Contribution of up to$65,000 or 50
percent of the construction expenses,whichever is less. CPD 89-2 may elect to install the signal,
but is not requimd to do so.
30. The applicant shall post sufficient surety for the installation of a traffic signal at the
intersection of Los Angeles Avenue-Park Lane.
31. The applicant shall make a special contribution to the City representing the applicant's
prorata share of the costs of improvements to the following intersections:
• • Poindexter Avenue-Moorpark Avenue minimum contribution of$16,800.
• Los Angeles Avenue-Gabbert Road minimum'contribution of$16,200.
• Los Angeles Avenue-Moorpark Avenue minimum contribution of$28,500.
• Spring Road-New Los Angeles Avenue minimum contribution of$25,500.
To determine final prorated costs of these improvements, the applicant shall first prepare
conceptual plans to the satisfaction of the City Engineer. The prorata share shall be developed
based on the incremental traffic added by each phase and shall then be paid to City, prior to
zoning clearance.
IN CONJUNCTION WITH FINAL MAP APPROVAL,THE FOLLOWING CONDITIONS SHALL BE
COMPLEI EU:
32. The applicant shall offer to dedicate access easements to the City of Moorpark over all private
streets to provide access for all governmental agencies providing public safety, health and
welfare.
33. The applicant shall offer to dedicate to the City of Moorpark for public use, all right-of-way
for public streets.
34. The applicant shall offer to dedicate to the-City of Moorpark, public service easements as
required.
35. The applicant shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles
Avenue,Lassen Avenue,Park Lane and Liberty Bell Road except for approved access roads.
36. Lot to lot drainage easements and secondary drainage easements shall be delineated on the
final map(s). Assurance shall be provided to the City that these easements will be adequately
maintained by property owners to safely convey storm water flows.
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PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
37. a. Sufficient surety guaranteeing the public improvements pertinent to each phase shall be
provided. The surety shall remain in place for one year following acceptance by the City
Council.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89-2)if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89-1 and CPD 89-2,prior to the issuance of a Zoning
Clearance for CPD 89-1 (Phase I).
b. Any surety bonds that are in effect three years after final map approval or after issuance of
the first building permit shall be increased an amount equal to or greater than the consumers
price index (Los Angeles/Long Beach SMSA)for the period since original issuance of the surety
and shall be increased in like manner each year thereafter.
38. 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 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.
39. Reproducible centerline tie sheets shall be submitted to the City Engineer's office.
40. 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 subdivision improvements. The fees
required will be in conformance with the applicable ordinance section.
9
:ate �• (-
.
"" AP:\
MOORPARK
ave
a 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
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v,Eq J`
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK• )
I, Lillian E. Kellerman, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No, 91-808 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 2nd day of OCTOBER , 1991, and that the same
was adopted by the following vote:
AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 4th day of OCTOBER. , 1991.
Lillian E. Kellerman
City Clerk
(SEAL)
CAUL W LAWRASON JR BERNARDO M PEREZ SC017 MONTGOsAERY ROY E. TALLEY.F. JOHN E.WOZNIAK
RESOLUTION NO. 91-798
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA
CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (EIR),
ADOPTING THE MITIGATION MONITORING PLAN, FINDINGS OF SIGNIFICANCE AND
STATEMENT OF OVERRIDING CONSIDERATIONS AND, APPROVING THE MAJOR
MODIFICATION #1 FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT (CPD) 89-1, 89-2
(MISSION BELL PLAZA) FOR VENTURA PACIFIC CAPITAL CORPORATION AND MACLEOD
CONSTRUCTION COMPANY (ASSESSOR'S PARCEL # 511-080-190, 200, 210, 310,320,AND 370).
WHEREAS, at duly noticed public hearing on August 21, 1991, September 4, 1991, and
September 18, 1991, the City Council considered the application by Ventura Pacific Capital
Corporation and Macleod Construction Company for major modification #1 to Commercial Planned
Development Permit (CPD) 89-1, 89-2 for the construction and operation of a 265,940 square foot
commercial shopping center (including 221,440 square feet of general retail uses, 24,000 square feet of
restaurants, a 2,300 gasoline service station, 9,000 square feet of medical/dental office and a 9,200
square foot outdoor plant nursery)located on the north side of Los Angeles Avenue and west side of Park
Lane in the City of Moorpark;and
WHEREAS, at its meeting of August 21, 1991, September 4, 1991, and September 18, 1991, the
City Council opened the public hearing, and took testimony from all those wishing to testify and then
closed the public hearing on September 18,1991;and
WHEREAS, the City Council after review and consideration of the information contained in
the Staff Report dated August 21, 1991, September 4, 1991, and September 18, 1991, and the draft
Supplemental Environmental Impact Report (EIR) prepared for the proposed project has reached a
decision on this matter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA,
DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California Environmental Quality Act
(CEQA, Division 13 of the Public Resources Code of the State of California), the City Council of
the City of Moorpark determines that the environmental issues, effects and mitigation of the
proposed project are similar to those addressed in the Draft Supplemental EIR prepared for the
proposed project and that cumulative impacts are adequately addressed in the Draft
Supplemental EIR.
SECTION 2. That the City Council certifies the following:
a. The certification of the Final Supplemental EIR for the major modification #1 to the
Commercial Planned Development Permit (CPD) 89-1,89-2 pursuant to the findings in the staff
report dated August 21, 1991. 1 hcrehy certify, and=r penalty
of perjury, that the attached is
a true and Correct copy of the
original document which is on
file in this office.
Executed on 41 - 9/
at Moorpark, California.
c«,(j City Clerk
Str
b. Certification of the Mitigation Monitoring Plan for the Final Supplemental EIR, which
is incorporated herein by reference as Exhibit "C".
c. Approves the Findings of Significance and Statement of Overriding Considerations as
required under section 21081 and 15093 of the California Environmental Quality Act (CEQA)
and Guidelines, which are incorporated herein by reference as Exhibits "D" and "E".
SECTION 3. That the City Council finds that the proposed project is consistent with the
City's General Plan.
SECTION 4. Therefore, the City Council approves the following:
a. Major Modification #1 for Commercial Planned Development Permit (CPD) 89-1, 89-2,
subject to the conditions of approval contained in the staff report dated October 2, 1991,
(EXHIBITA') including the changes to the conditions of approval as stated by the City Council
on September 4,1991,and September 18,1991.
PASSED, APPROVED AND ADOPTED THIS OCTOBER 2, 1991.
4a � .
Paul W. L., .son,Jr. '
City of Moorpark
. ATTEST:
a9pl CAC,40.9
Lillian E. Kellerm.n eat
/ r'
City Clerk P4496 �,.
�
cve
Attachments: 1. Ex :C/A-Con• • • s of Approval for CPD 89-1,89-2
2. Exhibi. ?- •: gs of Significance
3. Exhibit E- Statement of Overriding Considerations
EXHIBIT A
CPD 89-1 AND 89-2 -MAJOR MODIFICATION#1
CONDITIONS OF APPROVAL
October 2,1991
DEPARTMFNT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS
1. The permit is granted for the land and major modification to the original project (original
project approved October 17, 1990)as shown on the final plot plans and elevations approved by
the City Council on October 2, 1991. The location and design of all site improvements shall be
as shown on the approved plot and elevations except or unless indicated otherwise herein.
2. The development is subject to all applicable,regulations of the CPD Zone and all agencies of the
State,Ventura County, the City of Moorpark and any other governmental entities.
3. Unless the project is inaugurated (building foundation slab in place and substantial work in
progress) not later than one year after this permit is granted, this permit shall automatically
expire on that date. The Director of Community Development may, at his discretion, grant up
to one(1)additional year extension for project inauguration if there have been no changes in the
adjacent areas and if applicant can document that he has diligently worked towards
inauguration of the project during the initial one-year period.
4. All facilities and uses other than those specifically requested in the application are
prohibited unless a modification application has been approved by the City of Moorpark. Any
minor changes to this permit shall require the submittal of an application for a minor
modification and any major changes to this permit shall require the submittal of a major
modification as determined by the Director of Community Development.
5. The design, maintenance, and operation of the permit area and facilities thereon shall comply
with all applicable requirements and enactments of Federal, State, County, and City
authorities,and all such requirements and enactments shall,by reference,become conditions of
this permit.
6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation
of law or any unlawful rules or regulations or orders of an authorized governmental agency. In
instances where more than one set of rules apply, the stricter ones shall take precedence.
7. If any of the conditions or limitations of this permit are held to invalid, that holding shall not
invalidate any of the remaining conditions or limitations set forth.
8. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole
expense,any action brought against the City because of issuance(or renewal)of this permit or in
the alternative to relinquish this permit. Permittee will reimburse the City of any court costs
and /or attorney's fees which the City may be required by court to pay as a result of any such
action. The City, may, as its sole discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his obligations under this condition.
9. Prior to submission of construction plans for plan check or initiation of any construction activity,
a zoning clearance shall be obtained from the Department of Community Development.
Applicant may submit building construction plans to Department of Building and Safety with a
City approved Hold Harmless Agreement.
1
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10. This Major Modification #1 to the Commercial Planned Development Permit shall expire when
the use for which it is granted is discontinued for a period of 180 or more consecutive days.
11. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of
the subject building, or the owner's representative shall apply for a Zoning Clearance from the
Department of Community Development.
12. The Director of Community Development, or his designee, shall have the authority to
conditionally approve or deny a Zoning Clearance request for tenant occupancy consistent with
Article 45 of the Zoning Code. The cost of the Zoning Clearance shall be borne by the applicant
for tenant occupancy.
13. The permittee's acceptance of this permit and/or commencement of construction and/or
operations under this permit shall be deemed acceptance of all conditions of this permit.
14. If any archaeological or historical artifacts are uncovered during excavation operations the
permittee shall assure the preservation of the site, shall obtain the services of a qualified
archaeologist to recommend proper disposition of the site, and shall obtain the Director of
Community Development's written concurrence of the recommended disposition before resuming
development. Should human burial remains be encountered during any grading or excavation
activities, the permittee shall cease operation and shall notify in writing the Community
Development Department staff. Following notification, the permittee shall obtain the
services of a qualified archaeological consultant and Native American Monitor(s) who shall
assess the situation and recommend proper disposition of the site as approved by the Director of
Community Development.
15. No later than ten (10) days after change of ownership or lessee of this property, the Director of
Community Development shall be notified, in writing, of the new owner or lessee. The same
letter shall state that the new owner or lessee has read all conditions pertaining to this Permit
and agrees with said conditions.
16. Within two days after approval of the project by the City Council, the applicant shall deposit
with the City a check for $850.00 plus a $25.00 filing fee made payable to the County of
Ventura. This fee is for the State Department of Fish and Game required Notice of
Determination filing fee in accordance with Assembly Bill 3158, for the management and
protection of statewide fish and wildlife trust resources.
17. Payment of all required fees stated in these conditions of approval for CPD 89-1, 89-2 fulfills
the fee requirements listed in the conditions of approval for TTM 4757.
18. Any appropriate conditions for Tentative Tract Map 4757 that are applicable to the
Commercial Planned Development Permit (Major Modification) shall be incorporated by
reference in the conditions of approval for CPD 89-1,89-2 (Major Modification).
PRIOR TO ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
19. Prior to issuance of a Zoning Clearance,a comprehensive sign program for the shopping center
shall be submitted to the Department of Community Development. The sign program shall be
designed to provide a uniform sign arrangement and design. Only individual channel letters
shall be allowed. No lighted window signs will be allowed. The sign program shall be
approved by the Director of Community Development or his designee prior to the issuance of a
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Zoning Clearance. All new lessees shall conform to the approved sign program and be required
to obtain a sign permit from the Community Development Department. Monument signs shall be
limited to Los Angeles Avenue, Park Lane, and Liberty Bell Avenue and shall be externally
lighted.
a. Building and monument signage for CPD 89-1,89-2 shall be in accordance with the City
Council Signage Subcommittee decision of August 26, 1991 regarding the applicant's
conceptual sign plan. The subcommittee determined the following:
A maximum total of two 6 foot by 8 foot monument signs will be permitted for
the two major anchor tenants along Los Angeles Avenue.
A maximum of four 4 foot by 6 foot monument signs will be permitted for single
use tenants(three along Los Angeles Avenue,one on Liberty Bell Road).
Lighting for the signs may be external or internal and individual letters
(preferably channel letters) must be used. All lettering for all signs shall be of
the the same style.
20. Prior to issuance of a Zoning Clearance, a Surety Performance Bond in the amount of $10,000
shall be filed and accepted by the Director of Community Development. The Director of
Community Development may, through a public hearing to be heard before the City Council,
recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance
of the conditions of approval, or for some other just cause. This condition shall automatically
be superseded by a related resolution or ordinance regarding condition compliance for
entitlement approvals as adopted by the City Council.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase I1 and Phase III will be allowed to record the parcel map (LDM 89-2)if the
applicant or successor of Phase II and IlI agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89-1 and CPD 89-2,prior to the issuance of a Zoning
Clearance for CPD 89-1 (Phase I).
21. Prior to the issuance of a Zoning Clearance, the applicant shall pay all outstanding case
processing (planning and engineering), environmental impact report preparation costs, and all
City legal service fees be paid for the Major Modification #1 to CPD 89-1 and 89-2 and TTM
4757.
22. Prior to the issuance of a Zoning Clearance, the applicant shall deposit fees pursuant to City
Resolution No.89-605 for condition compliance review.
23. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating
awareness and understanding of all permit conditions, and shall agree to abide by these
conditions.
24. Exterior pedestrian trash receptacles in the walk areas shall be provided. The elevations of
these receptacles shall be depicted on the plan and shall be approved by the Director of
Community Development or his designee.
25. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional
one-half foot of width must be provided for parking spaces located adjacent to a wall. If the
project is constructed in three phases as proposed, the parking lot for that phase shall be
designed and constructed to City Engineering and Zoning Code standards as approved by the
Director of Community Development. Required access to all parking spaces shall be approved
by both the City Engineer and Director of Community Development.
3
The required number of parking spaces for the entire project (phases 1, 2 and 3) shall be in
accordance with the City's previous parking code,which required 1 space per 300 square feet of
retail uses, except for the proposed additional 19,665 square feet of retail space, which shall
require parking spaces in accordance with the current parking code at 1 space per 250 square
feet. Each phase shall meet this requirement.
The Community Development Director shall ensure that all required parking spaces are placed
as legally bound by the Reciprocal Access and Parking Agreement as stated in condition #100 of
CPD 89-1, 89-2. If Condition # 100 cannot be met, the Community Development Director, may
require the reduction of building square footage and/or the limitation of uses which can be
shown to meet the parking requirements,as stated above for each phase.
26. The existing plans shall be revised by the applicant and approved by the Director of
Community Development. The following revisions shall be made:
a. Only one driveway from Los Angeles Avenue shall be permitted.
b. The proposed tower sign shall be eliminated.
c. A 20 foot landscape setback (not including the public right-of-way) shall be provided along
Los Angeles Avenue, Liberty Bell Avenue, Park Lane and Lassen Avenue which shall
include walls and wrought iron fences approved by the Director of Community
Development.
d. Trash areas and recycling bins shall be depicted on the construction plans, the size of which
shall be approved by the Director of Community and City employee responsible for recycle
/solid waste management programs.
27. The final construction working drawings shall be submitted to the Director of Community
Development.
28. Complete landscape plans (3 sets), together with specifications and a maintenance program
shall be prepared by a State Licensed Landscape Architect, generally in accordance with
Ventura County Guide to Landscape Plans and in compliance with City of Moorpark Ordinance
No. 74,and shall be submitted to the Director of Community Development. The final landscape
plans shall be in substantial conformance to the conceptual landscape plan review and final
installation inspection. The landscaping, planting and walls/wrought iron fence plan
submitted for review and approval shall be accompanied by a deposit as specified by the City
of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape
plan check and inspection fees. If the project is constructed in three phases as proposed, the
landscaped area proposed for that phase shall be designed and constructed as approved by the
City Engineer and Director of Community Development standards,prior to issuance of occupancy
of any tenant spaces. All other areas that are graded but not developed shall be seeded to
reduce soil erosion and dust. All landscaping, planting, wall and fence design shall be
accomplished and approved by the Director of Community Development,or his designee, prior
to the approval of occupancy. The project plans shall include the following:
a. A 50 percent shade coverage shall be provided within all parking areas. Shade coverage is
described as the maximum mid-day shaded area defined by a selected specimen tree at 50
percent maturity.
b. Any turf plantings associated with this project shall be drought tolerant, low-water using
varieties.
c. Landscaping at site entrances and exits and at any intersection within the parking lot shall
not block or screen the view of seated driver from another moving vehicle or pedestrian.
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d. Plantings in and adjacent to parking areas shall be contained within raised planters
surrounded by six-inch high concrete curbs.
e. Landscaping shall be designed so as to not obstruct the view of any exterior door or window
from the street.
f. Landscaping (trees) shall not be placed directly under any overhead lighting which could
cause a loss of light at ground level.
g. Earthen berms and shrub planting shall be provided to screen view of parked vehicles from
access roads.
h. Landscaping shall be used to screen views of any backflow preventers.
i. The emergency access easement area between Sierra Avenue and Liberty Bell Road shall be
landscaped to the satisfaction of the Director of Community Development. This easement
shall be located directly adjacent to the public right-of-way.
j. A minimum eight (8) foot high block wall on the west property boundary should be
constructed prior to any construction on the west side of Liberty Bell Avenue to screen the ••
adjacent residences from the noise,dust and visual impacts.
k. Plant evergreen trees along the western perimeter block wall that will provide further
visual buffer between residences and the shopping center.
29. Prior to issuance for a Zoning Clearance, the transformer and cross connection water control
devices shall be shown on the plot plan and shall be screened with landscaping or a wall.
30. Roof design and construction shall include a minimum 18-inch extension of the parapet wall
above the highest point of the roof.
31. All roof mounted equipment (vents, stacks,blowers, air conditioning equipment, etc.) that may
extend above any parapet wall shall be enclosed on all four sides by view obscuring material of
similar color and material used in the construction of all buildings. Prior to issuance of a zoning
clearance, the final design and materials for the roof screen and location of any roof'mounted
equipment shall be shown on the plot plan and must be approved by the Director of Community
Development. All screening shall be maintained during the life of the permit.
32. All trash disposal areas shall be provided in a location which will not interfere with
circulation, parking, or access to the building and shall be screened with a six foot high, solid
wall enclosure with metal gates. The final design of the trash enclosure shall be subject to the
approval of the Director of Community Development prior to the issuance of a zoning clearance.
Pipe guards shall be eliminated around typical trash enclosures. Trash area shall provide for
recycle bins as approved by the City.
33. Pullover parking (overhangs) shall be limited to 24 inches maximum. No vehicles shall be
allowed to encroach onto walkways or into the required landscaped setbacks along roadways.
34. A 45 foot turning radius shall be provided for the loading zone consistent with the AASHO
,WB-50 design vehicle. Prior to issuance of a zoning clearance, the applicant shall identify the
required truck radius on a copy of the site plan.
35. The applicant shall provide a minimum of 25 feet from the entry doorway of a major tenant to a
travel lane.
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36. The applicant shall provide a main entry which does not allow parking stalls to back out into a
main travel lane.
37. All property line walls shall be no further than one inch from any property line.
38. The buildings shall be constructed employing energy-saving devices. These shall include those
devices required by California Administrative Code, Title 24.
39. For all exterior Iighting, a lighting plan shall be prepared by an electrical engineer registered
in the State of California and submitted to the Department of Community Development for
review and approval. The adequacy of the lighting plan shall be deferred until October, 1991,
in order to accommodate a lighting expert report presentation to the City Council. The lighting
plan shall achieve the following objectives: Avoid interference with reasonable use of
adjoining properties; minimize on-site and off-site glare; provide adequate on-site lighting;
limit electroliers height to avoid excessive illumination; and provide structures which are
compatible with the total design of the proposed facility.
The lighting plan should include the following:
a. A photometric plan showing a point-by-point foot candle layout to extend a minimum of •
twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid
center. Down lighting and accent landscape and building lighting shall be employed
throughout the project.
b. Maximum overall height of fixtures shall be fourteen(14) feet or as otherwise approved by
the Community Development Director.
c. Fixtures must possess sharp cut-off qualities with maximum of one foot candle illumination
at property lines.
d. There shall be no more than a seven-to-one (7:1) ratio of level of illumination shown
(maximum-to-minimum ratio between lighting standards).
e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent
properties.
f. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle
average,or as otherwise approved by the Community Development Director. No over-lighting
of the center shall occur.
g. No light shall be emitted above the 90 degree or horizontal plane.
h. Light standards in the parking lot shall be shielded and directed downward to avoid light
and glare on neighboring properties.
40. A utility room with common access to house all meters and the roof ladder shall be provided.
No exterior access ladder of any kind shall be permitted.
4I. No downspouts shall be permitted on exterior of the building.
42. All exterior building materials and paint colors shall be approved by the Director of the
Community Development Department to ensure compatibility with adjacent development.
43. All exterior newspaper racks shall be painted dark brown in color and shall meet all other
criteria identified in the Zoning Ordinance.
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44. No asbestos pipe or construction materials shall be used without prior approval of the City
Council.
45. The applicant shall record a covenant agreeing not to protest the formation of an underground
utility assessmenrt district. The applicant shall retain the right to protest the amount and the
spread of any proposed assessment.
46. All existing and proposed utilities are required to be undergrounded to the nearest off-site
utility pole except through transmission lines. This requirement for undergrounding includes all
above ground power poles on the project site and those along the frontage of the site in the
Caltrans right-of-way. Prior to the issuance of a zoning clearance, the applicant shall submit a
plan for review and approval to the Director of Community Development which identifies how
compliance with the undergrounding requirement will be met.
47. If skylights are proposed, the specific type and model must be approved by the Director of
Community Development to ensure that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
48. In recognition of the need for public street and traffic improvements to meet the demand
generated by cumulative development in the City, the applicant shall, prior to issuance of a
zoning 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 and be subject to any assessment
district or other financing technique including but not limited to the payment of traffic
mitigation fees, to provide funds for such improvements, should such a mechanism be
established by the City. The applicant shall retain the right to protest the amount and the
spread of any proposed assessment.
49. The applicant shall contribute to the City of Moorpark an amount of$25 per square foot of gross
floor area to support the City's current and future park system.
50. The applicant shall contribute to the City of Moorpark's Art in Public Places fund, an amount of
$10 per each 100 square feet of building floor area.
51. Prior to the issuance of a zoning clearance for tenant occupancy, the proposed use shall be
reviewed and approved by the Ventura County Environmental Health Division to ensure that
the proposal will comply with all applicable State and local regulations related to storage,
handling, and disposal of potentially hazardous materials, and that any required permits
have been obtained. If required by the County Environmental Health Division, the applicant
shall prepare a hazardous waste minimization plan, and shall obtain a Hazardous Waste
Generator Permit if required. A copy of all Hazardous Waste Generator Permits shall be
forwarded to the City of Moorpark Department of Community Development by certified mail
to be placed in the project file.
52. All roof top mechanical equipment and other noise generation sources shall be attenuated to 55
dB(A) at the property line, or to the ambient noise level at the property line measured at the
time of the occupancy request. Prior to the issuance of a zoning clearance for initial occupancy or
any subsequent tenant occupancy or any subsequent tenant occupancy, Director of Community
Development may request that a noise study be submitted for review and approval which
demonstrates that all on-site noise generation sources would be mitigated to the required level.
The noise study must be prepared by a licensed acoustical engineer in accordance with accepted
engineering standards.
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53. To encourage employees to use alternative means of transportation to reduce automobile trips,
common bicycle storage facilities shall be provided in accordance with Section 8108-1.4(b) of
the Zoning Code (parking standards). Proposed bicycle storage areas shall be clearly depicted
on the final site plan and reviewed and approved by the Director of Community Development
prior to issuance of a zoning clearance. If the project is constructed in three phases as proposed,
the bicycle parking racks for that phase shall be designed,located and constructed as approved
by the City Engineer and Director of Community Development and include the required number
of bicycle parking spaces for the building square footage and uses proposed within each phase,
prior to issuance of occupancy of any tenant spaces according to the City's Zoning Code.
54. If any archaeological or historic finds are uncovered during excavation operations, the
permittee shall assure the preservation of the site; shall obtain the services of a qualified
archaeologist to recommend disposition of the site;and shall obtain the Director of Community
Development's written concurrence of the recommended disposition before resuming
development.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
55. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from
Ventura County Waterworks District No. 1.
56. The applicant shall pay all school assessment fees levied by the Moorpark Unified School
District.
57. All required development impact fees (i.e. school district, parks, Art in Public Places Fund,
sewer,water,etc.) shall be prorated by phase and paid prior to issuance of building permit.
58. The applicant shall make a contribution of$568,467.24 to the City's Traffic Management
System Fund The applicant for Phase 1 shall deposit $100,000.00 of the total fee with the
Department of Community Development, prior to issuance of the first building permit. The
total fee shall be prorated over the square footage of building arca contained in the entire
Mission Bell Plaza (CPD 89-1,89-2) and incrementally paid at the time of the issuance of a
. Certificates of Occupancy, subject to the applicant for Phase I receiving a credit for the first
$100,000.00 deposited against the first and subsequent Certificates of Occupancy issued for
buildings on Phase I. The balance of the total fee ($468,467.24) shall be paid within three (3)
years of the issuance of the building permit for the main anchor tenant for Phase 1.
PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
59. A separate landscape and irrigation plan shall be submitted for each phase of the project for
review and approval prior to issuance of a zoning clearance. The area shown on the approved
landscape and irrigation plan shall be landscaped prior to the issuance of a certificate of
occupancy of this permit. If the project is constructed in three phases as proposed, the
landscape plan prepared for that phase shall be prepared and approved according to City
Engineer and Community Development Department requirements,prior to issuance of occupancy
of any tenant spaces. All other areas that are graded but not developed shall be seeded to
reduce soil erosion and dust as approved by the Director of Community Development and City
Engineer. A weed abatement program shall be approved in conjunction with the approval of
the landscape plan for Phase 1.
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60. All parking areas shall be surfaced with asphalt or concrete and shall include adequate
provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas
adjacent to landscaped areas.
61. The landscape architect shall certify in writing that the landscape and irrigation system was
installed in accordance with the approved Landscape and Irrigation Plans.
62. No use for which this permit is granted shall commence use until a Certificate of Occupancy has
been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may
be issued until all on-site improvements specified in this permit have been completed or the
applicant has provided some form of financial security to guarantee the agreement such as a
Faithful Performance Bond. Said on-site improvements shall be completed within 120 days of
issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision
of this agreement, the City Council may by resolution declare the surety forfeited. Upon
completion of the required improvements to the satisfaction of the Director of Community
Development, the surety may be exonerated by action of the Director of Community
Development.
63. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of
the subject building, or the owners representative, shall apply for a zoning clearance from the
Community Development Department.
64. Except as permitted and contemplated by Condition # 59, no Certificates of Occupancy shall be
granted prior to acceptance or completion of landscaping or other site improvements such as
perimeter walls, including stucco treatment, landscaping, fences, slope planting or other
landscape improvements not related to grading; private recreational facilities, etc. Said on-
site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy.
In case of failure to comply with any term or provision of this condition, the City Council may,
by resolution, declare the surety forfeited. Upon completion of the required improvements to
the satisfaction of the City, the City Council may reduce the amount of the bond; however, the
bond must be kept in full effect for one year after the last occupancy to guarantee that items such
as perimeter tract walls (including stucco treatment), landscaping, fences, slope planting or
other landscape improvements not related to grading, private recreational facilities, etc. are
maintained.
65. At the time water service connection is made for each project, cross connection control devices
shall be installed for the water system in accordance with the requirements of the Ventura
County Environmental Health Department.
AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS
SHALL BE APPLICABLE:
66. No later than ten(l0) days after any change of property ownership or change of lessee(s) or
operator(s) of the subject building, there shall be filed with the Director of Community
Development the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together
with a letter from any such person(s) acknowledging and agreeing to comply with all conditions
of these permits.
67. The continued maintenance of the permit area and facilities shall be subject to periodic
inspection by the City. The permittee shall be required to remedy any defects in ground
maintenance, as indicated by the Department of Community Development within five (5) days
after notification. Landscaping installed as a condition of approval at this project shall be
continually maintained by the owner(s)of the subject commercial development.
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68. Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of
hazardous materials, a Major Modification approval shall be required.
69. The striping for parking spaces and loading bays shall be maintained so that it remains clearly
visible.
70. No outside storage of any materials, overnight parking of any vehicles in the parking lot, or
overnight parking of any semi-trucks or truck trailers beyond the loading zone shall be
permitted.
71. Except for gasoline deliveries,loading and unloading operations shall not be conducted between
the hours of 10:00 p.m.and 6:00 a.m.
72. All restaurants,bars and taverns shall close no later than 1:00 a.m.
73. There shall be no auto service other than the gas sales and the car wash at this commercial
center.
74. No noxious odors which would impact the adjacent development shall be generated from any
use on the subject site. V
75. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5)
days from written notification by the City of Moorpark. All such graffiti removal shall be
accomplished to the satisfaction of the City.
76. Yards, parking areas and other open uses on the site shall be maintained in a neat and orderly
manner at all times. No exterior storage of any kind is permitted.
77. ALI uses shall conduct business inside a building except gasoline and car wash service. No
outside display of goods is permitted. Sidewalk sales require approval of a temporary use
permit from the Department of Community Development.
78. If in the future,any use or uses are contemplated on the site differing from that specified in the
zoning clearance approved for the occupancy, either the permittee, owner, or each prospective
tenant shall file a project description prior to the initiation of the use. A review by the
Director of Community Development will be conducted to determine if the proposed use is
compatible with the CPD Zone and the terms and conditions of this permit. Said review will
be conducted at no charge and an approval letter sent, unless a minor or major modification to
the Planned Development is required, in which case all applicable fees and procedures shall
apply.
79. All exterior eating and seating areas shall be accomplished with the approval of a minor
modification approval process.
80. No shopping carts or merchandise shall be stored in any pedestrian walkway areas including
the exterior area in front of the proposed major market. The location of the shopping cart
storage area for shopping carts shall be clearly depicted on the final site plan with the
location approved by the Director of Community Development. A sidewalk sale shall require
Community Development Department approval of a temporary use permit.
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CITY ENGINEER'S CONDITIONS
PRIOR TO ZONE CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
81. a. Developers of CPD 89-1 and 89-2 shall be allowed to file and record a lot line
adjustment in accordance with Section 66412(d), Subdivision Map Act, California Government
Code, to separate Phase I (CPD 89-2, Tract 4757-1) without the recordation of LDM-89-2
(Macleod). Physical development and recordation of parcels will thereafter follow in
accordance with approved conditions for phased development of CPD 89-1,CPD 89-2 amd Tract
4757.
b. Prior to first building permit, 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.
82. The applicant shall submit to the City 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. Cut or fill slopes shall be no steeper than 2:1 (horizontal:vertical).
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map(LDM 89-2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89-1 and CPD 89-2,prior to the issuance of a Zoning
Clearance for CPD 89-1 (Phase I).
At the applicant's request, a staged grading plan can be submitted to the City Engineer for
review and approval.
An erosion control plan shall be submitted for review and approval if any grading is 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. All haul routes shall
be approved by the City Engineer. On-site haul routes shall be limited to graded areas only.
83. The applicant shall submit to the City for review and approval, a detailed soils and
geotechnical report prepared by a civil engineer and a geotechnical engineer registered with
the State of California. The report shall include a geotechnical investigation with regard to
liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the
recommendation of the approved soils report.
Review of the soils and geotechnical report by the City's geotechnical consultant may be
required by the City Engineer. If so, the applicant shall reimburse the City for all costs
including the City's administative costs.
84. The applicant shall submit to the City for review and approval, street improvement plans
prepared by a registered civil engineer; shall enter into an agreement with the City to complete
the improvements; and shall post sufficient surety guaranteeing the construction of the
improvements. Any necessary right-of-way acquisition necessary to complete the required
improvements will be acquired by the applicant at their expense.
The improvements shall include concrete curb and gutter, sidewalk, striped bike path, street
lights, traffic signals, striping and signing, traffic control, paving, and any necessary
transitions to the satisfaction of the City Engineer. All driveway locations shall be approved
by the City Engineer and the Director of Community Development. The applicable Ventura
County Road Standard Plates are as follows:
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a. Los Angeles Avenue per PIate B-2A, modified north of centerline to have 59 feet of
right-of-way, 51 foot pavement width and a 6 foot sidewalk. The sidewalk shall be located
within the landscaped arca in a pedestrian easement as necessary. Applicant shall construct
improvements north of the centerline across the frontage of the project in accordance with
Figure 1.
Applicant shall also construct sufficient roadway widening along the south side to permit
restriping for a westbound auxiliary lane across the entire frontage of the project,as well as a 12
foot wide eastbound right turn pocket providing a minimum of 150 feet of storage at Liberty Bell
Road (see Figure 1). All Los Angeles Avenue improvements shall be shown first on preliminary
plans which shall be submitted to the City for review and approval, after which they will be
submitted to Caltrans for review and approval. If Caltrans will not approve the preliminary
plans, the preliminary plans shall be returned to City Council for consideration of alternative
improvements.
Any direct expenses incurred by the applicant relating to the right-of-way acquisition along
the south side of Los Angeles Avenue shall be reimbursed by the future developer(s) of the •
property located along the south side of Los Angeles Avenue. The City will enter into an
agreement with the applicant agreeing to condition the future developer of the property along
the south side of Los Angeles Avenue to reimburse the applicant to the extent legally
enforceable. The applicant shall pay all legal costs, including but not limited to, attorney's
fees and administrative costs incurred by the City to impose and/or enforce said agreement,or
at applicant's discretion, shall waive its eligibility for reimbursement. The agreement will be
prepared by the City Attorney, subject to review by the applicant. The applicant shall pay the
City's legal expenses to prepare the agreement.
The applicant shall make an irrevocable offer of dedication of an additional 9 feet across the
frontage of the project. The City may, in the future, elect to accept this dedication to provide
for construction of additional requirements.
The applicant shall design the main driveway project entrance between Park Lane and Liberty
Bell Road to provide one inbound lane and one outbound lane.The required Los Angeles Avenue
improvements shall include restriping to provide a striped island in the vicinity of this
driveway thereby prohibiting left turns in or out of this driveway.
In conjunction with other Los Angeles Avenue improvements, all necessary transitions shall be
designed and constructed to the satisfaction of the City Engineer and Caltrans. Any
improvements constructed by the City with Los Angeles Avenue Area of Contribution funds that
would normally be the responsibility of the applicant shall be offset by special contributions to
the Los Angeles Avenue Area of Contribution fund.
b. Liberty Bell Road per Plate B-3D and shall be designed and constructed to align with
the ultimate Liberty Bell Road alignment south of Los Angeles Avenue. The Liberty Bell Road -
Los Angeles Avenue intersection must be designed and constructed to provide for necessary
turning pockets and must be reviewed and approved by the City Engineer prior to recordation so
that the dedication of right-of-way on the map will be the ultimate right-of-way dedication.
Liberty Bell Road will be a variable width 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 intended that the concept shown on this figure
be implemented, it is understood that final plan details such as transition design may vary
from that shown in the figure. As an option,an easement for Liberty Bell Road between phase 2
and 3 may be created rather than the construction of Liberty Bell Road.
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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 pedestrian easement. All
improvements south of centerline plus 12 feet north of centerline except along the Chaparral
Middle School frontage where full-width street improvements (including curb, gutter,
sidewalk, driveway and landscaping) shall be constructed. Landscaping and irrigation shall be
installed along the easement area between the school district property and future Lassen
Avenue. The landscaping shall be designed and constructed to the satisfaction of the Director of
Community 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 emergency access easement area west of Liberty Bell Road. This easement shall be
to the satisfaction of the City Engineer, the Director of Community Development, the Sheriffs
Department and the Fire Department. The connection of Lassen Avenue to Liberty Bell Avenue
shall be in the form of a knuckle per City standard.
d. Although not a requirement of this development, it is noted for future reference that
any future street intersecting Lassen Avenue in the vicinity of the traffic circle servicing the
proposed office buildings east of Liberty Bell Road shall not be offset from the traffic circle.
e. Park Lane per Plate B-3D, modified west of centerline to have 28 foot right-of-way, 20
foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway
area and a 4 foot landscape and pedestrian easement; with the portion of Park Lane located
within approximately 600 feet to the northerly driveway as a prolongation of the northern
right-of-way of Los Angeles Avenue designed and constructed in accordance with Plate B-3D,
modified to have 65 foot right-of-way width, 49 foot pavement width, 6 foot landscaped area
and 6 foot sidewalk within the 8 foot parkway area and a 4 foot pedestrian easement in
accordance with Figure 3. All necessary transitions shall be designed and constructed to the
satisfaction of the City Engineer. The intersection of Park Lane and Lassen Avenue shall be
designed and constructed as a standard knuckle. The anticipated lane configuration on Park
Lane at the Los Angeles Avenue intersection includes one southbound right turn lane, one
southbound through lane,one southbound left turn lane, and one northbound through lane. To
the greatest extent practicable, Park Lane improvements north of Los Angeles Avenue shall
align with ultimate improvements south of Los Angeles Avenue. Design of the Park Lane - Los
Angeles Avenue intersection must be reviewed and approved by the City Engineer prior to
recordation so that the dedication of right-of-way on the map will be the ultimate right-of-
way dedication.
f. No portion of any project driveway may be within 150 feet of the nearest curb
prolongation of an adjacent intersection.
g. The applicant shall construct the necessary improvements to provide Class II bicycle
lanes (5 feet wide) along Liberty Bell Road per the Circulation Element of the Moorpark
General Plan.
h. The applicant shall be responsible for all maintenance of the public sidewalks and
landscaped parkways on Los Angeles Avenue, Liberty Bell Road,Park Lane and Lassen Avenue.
i. The applicant shall agree to provide the necessary public maintenance easements for
the landscaped areas along-and adjacent to Los Angeles Avenue,Park 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. The applicant shall retain
the right to protest the amount and the spread of any proposed assessment.
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85. The applicant shall demonstrate feasible access during a 10-year frequency storm for each
building pad to the satisfaction of the City Engineer.
86. The applicant shall submit to the City for review and approval, drainage plans, hydrologic
and hydraulic calculations prepared by a registered civil engineer; shall enter into an
agreement with the City to complete the improvements and shall post sufficient surety
guaranteeing the construction of the improvements.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89-2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89-1 and CPD 89-2,prior to the issuance of a Zoning
Clearance for CPD 89-1 (Phase I).
The drainage plans and calculations shall indicate the following conditions before and after
development:
The Hydrology/Hydraulic Report and Hydraulic Plans shall address the entire project
including the proposed RPD and the following:
• No flows from a 50 year storm shall flow from this project onto Los Angeles Avenue, or to the
existing tract (Tract 1240) to the west.
• The required storm drain improvements required to pick up offsite storm water and carry it to
its final disposal from Poindexter Avenue, McFadden Avenue, Cornette Avenue and Park Lane
as identified by the City of Moorpark Master Drainage Study, shall be designed and
constructed. (Note: The applicant has proposed directing storm water from Poindexter Avenue
directly into the Walnut Canyon drain as an alternative to carry this storm water across the
site. It is emphasized that this alternative will require permits from the Ventura County Flood
Control District, Southern Pacific Railroad and City of Moorpark. This alternative can be
considered,but all plans and permits must be completed prior to approval of the final map.)
• The storm drain along Los Angeles Avenue shall be extended from its full size terminus to
connect to the existing 54" RCP east of Shasta Avenue. Should the existing storm drain between
Shasta Avenue and the Arroyo Simi require enlargement, the City shall reimburse the
applicant for one-half the construction cost to a maximum of$100,000.
• This study shall analyze the hydraulic capacity of the Shasta Drain to the Arroyo Simi
with and without the Moorpark Avenue storm drain connection.
Quantities of water, water flow rates, major water courses, drainage areas and patterns,
diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology
shall be per current Ventura County Standards except as follows:
• all catch basins in sump locations shall carry a 50-year frequency storm;
• all catch basins on continuous grades shall carry a 50-year storm;
• all catch basins in a sump condition shall be sized such that depth of water at intake shall
equal the depth of the approach flows:
• all culverts shall carry a 100-year frequency storm;
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• drainage facilities shall be provided such that surface flows are intercepted and contained
prior to entering collector or secondary roadways;
• under a 50-year frequency storm,all collector streets shall be provided with a minimum of one
travel lane with a goal that local, residential streets shall have one travel lane available
where possible.
• Drainage to adjacent parcels shall not be increased or concentrated by this development. All
drainage measures necessary to mitigate storm water flows shall be provided by the applicant.
• All drainage grates shall be designed and constructed with provisions to provide adequate
bicycle safety to the satisfaction of the City Engineer.
• The storm drain connection on Los Angeles Avenue from Park Lane to Shasta Avenue and
fronting CPD 89-1 and 89-2 shall be installed prior to occupancy of either CPD 89-1 or CPD 89-2
with the understanding that the installer of said system shall be reimbursed,if and when funds
are collected by the City through the establishment of an assessment district incorporating
those benefiting, undeveloped properties. It is the onus of the developer to formally initiate
the formation and fund all costs associated with establishment of said assessment district.
•
87. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City.
88. The applicant shall indicate in writing to the City the disposition of any water well (or any
other well that may exist within the project. 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 and per Division of Oil and Gas requirements.
89. If any of the improvements which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to
the filing of the final or parcel map for approval pursuant to Government Code Section 66457.
a. Notify the City in writing that the applicant wishes the City to acquire an interest in the
land which is sufficient for such purposes as provided in Government Code Section 66462.5;
b. 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;
c. Enter into an agreement with the City,guaranteed by such cash deposits or other security as
the City may require, pursuant to which the applicant 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.
90. The applicant shall pay all energy costs associated with street lighting for a period of one year
from the initial energizing of the street lights.
91. 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 for the construction of public improvements, including but not
limited to, street and sewer improvements necessitated by this project and other projects within
the assessment district, as approved by the City Engineer. The applicant shall retain the right
to protest the amount and the spread of any proposed assessment.
92. The applicant shall post sufficient surcl&y guaranteeing completion of all improvements which
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89-2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89-1 and CPD 89-2,prior to the issuance of a Zoning
Clearance for CPD 89-1 (Phase I).
93. The developer of CPD 89-1 shall post sufficient surety for the installation of a traffic signal at
the intersection of Los Angeles Avenue - Liberty Bell Road. The applicant will be eligible to
receive reimbursement from the Los Angeles Avenue Area of Contribution of up to$65,000 or 50
percent of the construction expenses, whichever is less. CPD 89-2 may elect to install the signal,
but is not required to do so.
94. The applicant shall post sufficient surety for the installation of a traffic signal at the
intersection of Los Angeles Avenue-Park Lane.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89-2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89-1 and CPD 89-2, prior to the issuance of a Zoning
Clearance for CPD 89-1 (Phase I).
95. The applicant shall make a special contribution to the City representing the applicant's
prorata share of the costs of improvements to the following intersections:
• Poindexter Avenue-Moorpark Avenue minimum contribution of$16,800.
• Los Angeles Avenue-Gabbert Road minimum contribution of$16,200.
• Los Angeles Avenue-Moorpark Avenue minimum contribution of$28,500.
• Spring Road-New Los Angeles Avenue minimum contribution of$25,500.
To determine final prorated costs of these improvements, the applicant shall first prepare
conceptual plans to the satisfaction of the City Engineer. The prorata share shall be developed
based on the incremental traffic added by each phase and shall then be paid to City, prior to
zoning clearance.
96. The applicant shall offer to dedicate access easements to the City of Moorpark over all private
streets to provide access for all governmental agencies providing public safety, health and
welfare.
97. The applicant shall offer to dedicate to the City of Moorpark for public use, all right-of-way
for public streets.
98. The applicant shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles
Avenue,Lassen Avenue,Park Lane and Liberty Bell Road except for approved access roads.
99. Lot to lot drainage easements and secondary drainage easements shall be delineated on the
final map(s). Assurance shall be provided to the City that these easements will be adequately
maintained by property owners to safely convey storm water flows.
100. The applicant shall provide a recorded reciprocal access agreement as necessary to permit
access between CPD 89-1 and CPD 89-2.
As an option in place of the Surety Performance Bond requirement, the applicant or his
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successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89-2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89-1 and CPD 89-2, prior to the issuance of a Zoning
Clearance for CPD 89-1 (Phase I).
DURING CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY:
101. That prior to any work being conducted within the State or City right of way, the applicant
shall obtain all necessary encroachment permits from the appropriate Agencies.
102. If any hazardous waste is encountered during the construction of this project, all work shall be
immediately stopped and the Ventura County Environmental Health Department, the Fire
Department, the Sheriffs Department, and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has been issued by all of these agencies.
103. Where roads are to be built requiring 4 or more inches of pavement, applicant shall construct
the required street section minus I-inch of paving 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.
104. Grading and construction activities (any noise making activity including the operation or
movement of equipment) shall be limited to only the hours of 7:00 a.m. to 7:00 p.m. Monday
through Friday and 9:00 a.m. to 7:00 p.m. on Saturday. No job site activity shall occur before or
after these hours and not at all on Sunday and Holidays.
105. The applicant shall utilize all prudent and reasonable measures (including a 6 foot high chain
link fence around the entire project perimeter) to prevent unauthorized persons from entering
the work site at any time and to protect the public from accidents and injury.
PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
106. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of
this condition.
107. The Los Angeles Avenue - Park Lane traffic signal shall be operational prior to any occupancy
for CPD 89-2 or Tract 4757-1. If construction of this signal is delayed by CALTRANS at the time
of the applicant's request for permits, the applicant shall deposit 100% of the total estimated
construction cost with the City. The applicant shall construct the signal upon receiving
Caltrans permission to do so. If right-of-way acquisition or Caltrans permission can not be
obtained,the applicant can request construction deferment on those portions of construction from
the City Council consistent with Condition 84.
108. The Los Angeles Avenue - Liberty Bell Avenue traffic signal shall be operational prior to any
occupancy for this project. If right-of-way acquisition or Caltrans permission can not be
obtained, the applicant can request construction deferment on those portions of construction from
the City Council consistent with Condition 84.
109. All phased street and storm drain improvements shall be constructed prior to first occupancy of
each phase. If right-of-way acquisition or Caltrans permission can not be obtained, the
applicant can request construction deferment on those portions of construction from the City
Council consistent with Condition 84.
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PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
110. a. Sufficient surety guaranteeing the public improvements pertinent to each phase shall be
provided. The surety shall remain in place for one year following acceptance by the City
Council.
As an option in place of the Surety Performance Bond requirement, the applicant or his
successors for Phase II and Phase III will be allowed to record the parcel map(LDM 89-2) if the
applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the
City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and
Parking Easement Agreement between CPD 89-1 and CPD 89-2,prior to the issuance of a Zoning
Clearance for CPD 89-1 (Phase I).
b. Any surety bonds that are in effect three years after final map approval or after issuance of
the first building permit shall be increased an amount equal to or greater than the consumers
price index (Los Angeles/Long Beach SMSA) for the period since original issuance of the surety
and shall be increased in like manner each year thereafter.
111. 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 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.
112. Reproducible centerline tie sheets shall be submitted to the City Engineer's office.
113. 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 subdivision improvements. The fees
required will be in conformance with the applicable ordinance section.
MOORPARK POLICE DEPARTMENT CONDITIONS
DURING CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY:
114. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or
screen the view of a seated driver from another moving vehicle or pedestrian.
115. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause
a loss of light at ground level.
116. All entrance/exit driveways shall be a minimum of 30 feet in width.
117. For the commercial project,all exterior doors shall be constructed of solid wood core,a minimum
of 1 and 3/4-inches thick,or of metal construction. Front glass doors commonly used for entry are
acceptable but should be visible to the street.
118. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the
locking bar or bolt extending into the receiving guide a minimum of 1-inch deadbolt.
119. Address shall be clearly visible to approaching emergency vehicles and shall be mounted
against a contrasting color.
120. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc.
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121. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof
vents or other openings where access may be made.
122. Upon occupancy by the owner or proprietor, each single unit in the development, constructed
under the same general plan, shall have locks using combinations which are interchange free
from locks used in all other separate proprietorship or similar distinct occupancies.
123. The Shopping Center Tenants Association will provide on-site private security during hours of
operation.
V\NTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
124. Any structure greater than 5,000 square feet in area and/or five miles from a fire station shall
be provided wit an automatic fire sprinkler system in accordance with Ventura County
Ordinance No. 14. If the building is to be protected by an automatic sprinkler system, plans
shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire
• Prevention for review and approval.
125. The applicant shall submit plans to the Ventura County Bureau of Fire Protection for approval
of the location of fire hydrants. All existing hydrants within 300 feet of the development must
be shown on the plan.
126. Building plans of all A, E, I and H occupancies shall be submitted to the Ventura County Bureau
of Fire Prevention for plan check.
127. The applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for
approval of the location of fire lanes.
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
128. The minimum fire flow required shall be determined by the type of building construction,
proximity to other structures, fire walls and fire protection devices provided, as specified by
the I.S.O. Guide for Determining Required Fire Flow. Given the present plans and information,
the required fore flow is approximately 4,500 gallons per minute. The applicant shall verify
that the water purveyor can provide the required volume at the project.
PRIOR TO CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY:
129. Access roads shall be a minimum of 25 feet in width and shall be installed with an all weather
surface, suitable for access by fire department apparatus.
130. Fire hydrants shall be installed and in service prior to combustible construction and shall
conform to the minimum standards of the Ventura County Water Works Manual.
a. Each hydrant shall be a 6-inch wet barrel design and shalt have one 4-inch ant two 2 1/2-
inch outlet(s).
b. The required fire flow shall be achieved at not less than 20 psi residual pressure.
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c. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be
farther than 150 feet from any one hydrant.
d. Fire hydrants shall be recessed in from the curb face 24 inches at center.
131. All grass or bush exposing any structures shall be cleared for distance of 100 feet prior to
framing,according to the Ventura County Weed Abatement Ordinance.
PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
132. Trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be stored
within 5 feet of openings, combustible roof eaves lines, unless protected by approved automatic
fire sprinklers.
133. Address numbers,a minimum of 6 inches high,shall be installed prior to occupancy and shall be
of contrasting color to the background. Where structures are set back more than 250 feet from the
street, larger numbers will be required so that they are distinguishable from the street. In the
event a structure(s) is(are) not visible from the street, the address number(s) shall be posted
adjacent to the driveway entrance.
134. Fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and
Article 10 of the Uniform Fire Code.
135. Fire extinguishers shall be installed in accordance with National Fire Protection Association
Pamphlet No. 10. The placement of extinguishers shall be reviewed and approved by the
Bureau of Fire Prevention.
VENT]JRA COUNTY WATERWORKS DISTRICT NO.1 CONDITIONS
GENERAL REQUIREMENT:
136. The applicant for service shall comply with the Ventura County Waterworks District No. 1
"Rules and Regulations" including all provisions of or relating to the existing industrial waste
discharge requirements and subsequent additions or revisions thereto.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
137. The District shall be allowed to review the adequacy and level of service for the project when
tenant improvements are requested. Additional facilities, on-site treatment, or other
modifications may be required as a condition of certain tenant improvements.
►rt it ; • &le t! ►.o. & . _ : . . s / ! I., • LID !►
•
PRIOR TO ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
138. Prior to issuance of a zoning clearance for the inauguration of any use in the proposed structure,
such use shall be reviewed and approved by the Ventura County Environmental Health
Division.
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Mitigations Measures for the Supplemental EIR
CPD 89-1,89-2
October 2, 1991
Geotechnical
1. The applicant shall conduct a detailed geotechnical engineering investigation to confirm and
evaluate the potential for liquefaction at the site. The investigation shall include subsurface
borings to depths of forty five to fifty feet with appropriate in-situ testing and sampling. Caisson
or pile-supported foundation systems, structural slabs, sub-drains, or dewatering systems have all
been successfully utilized on projects where liquefaction potentials are high.
2. The applicant shall conduct a detailed geotechnical engineering investigation to evaluate the
mechanical properties of the deposits underlying proposed buildings and attendant infrastructure.
Such an investigation shall include subsurface explorations to obtain representative in-situ and
bulk soil samples, appropriate laboratory testing, and an analysis of pertinent factors including
removal and recompaction of compressible soils, foundation design parameters, and the stability of
graded slopes. •
Air Quality
Short-Term
3. Engineering specifications to include a regular watering program to reduce fugitive dust. The
program, to be implemented by site development contractor(s), is to include watering graded
portions of the project site twice during the work day and at the end of the work day to create a
"crust" surface.
4. Engineering specifications to require that all clearing, grading, earth moving, or excavation
operations during periods of high winds(i.e.,Santa Ana winds 20 mph or greater averaged over one
hour as recommended by the APCD) shall cease, and that the site development contractor(s) is to
maintain contact with the APCD meteorologist for current information about average wind speeds.
5. Project engineer to phase and schedule construction activities to avoid high ozone days.
6. Engineering specifications to require that the site development contractor(s) make face masks
available to all employees involved in grading operations during dry periods to reduce inhalation
of dust which may contain the fungus which causes San Joaquin Valley Fever.
7. Engineering specifications to require that site development contractor(s) cover primary site access
roads with gravel during all construction periods.
8. Engineering specifications to require that site development contractor(s) landscape all inactive
portions of the construction site. When appropriate, seed exposed surfaces with a fast-growing,
soil-binding plant to reduce wind erosion and its contribution to local particulate levels.
9. Engineering specifications to require that site development contractor(s) apply chemical stabilizers
to completed cut and fill areas.
10. Engineering specifications to require that site development contractor(s) limit on-site vehicular
traffic to no more than 15 mph during construction, and that such speed limit be visibly posted on
site.
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11. Engineering specifications to require that site development contractor(s) periodically sweep public
streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site
by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction
activities. The frequency of this measure is variable,depending upon the accumulation of such silt.
Sweeping should be done prior to automobiles and wind kicking up the silt and causing wind-borne
dust.
12. Engineering specifications to require that site development contractor(s) cover all material (debris
from clearing and grubbing,as well as construction-related debris)being moved from the site.
13. Engineering specifications to require that site development contractor(s) periodically water
material stockpiles when dust forms.
14. Engineering specifications to require that site development contractor(s) maintain equipment
engines in good condition and in proper tune as per manufacturers'specifications to prevent excessive
emissions,and use low sulfur fuel for construction equipment.
15. Engineering specifications to require that site development contractor(s) keep all grading and
construction equipment on or near the site until the site preparation phase of the proposed project is
completed.
16. The on-site Building Superintendent shall notify the middle school to the north of the project site
in writing of the days and hours of grading in advance of any grading activity.
Long-Term
The following mitigation measures were obtained from the APCD's Guidelines for the Preparation
of Air Quality Impact Analyses and the City of Moorpark. It should be noted that these mitigation
measures do not constitute a transportation demand management (TDM) plan and the applicant
would not receive credit against an off-site TDM fund for implementation these measures even if
they are successful. While it is not feasible,to require the project applicant to establish a TDM
program for the project site as future tenants of the site are yet unknown, the following
recommended mitigation measures can be implemented by the project applicant and can contribute
towards the reduction of project-related air quality impacts, though the impacts will not be fully
mitigated below a level of significance.
17. Applicant to prepare CC&Rs that would require future owners/tenants of each lot, who employ
twenty or more full-time employees, to do the following:
• provide preferential parking for carpooling groups with the location approved by the City's
Director of Community Development.
• enroll in the County's Commuter Computer program which provides computerized rideshare
matching services.
18. Prior to occupancy, Ventura County APCD to review all uses to ensure compliance with the
California Health and Safety Code (Section 44300 et seq.) regarding the use, storage, and
disposition of hazardous materials. City to withhold the final certificates of occupancy until
compliance with these provisions from the Ventura County APCD is provided.
19. All project tenants with greater than 50 employees will be required to comply with APCD Rule 210,
the District's trip reduction measure. This rule requires that the employer develop and implement
a trip reduction plan containing strategies to reduce the number of solo drivers commuting to the
worksite. The target is to meet a specific average vehicle ridership (AVR) of 1.35. This will be
increased to 1.5 after 1997. Such a plan can reduce total project-generated emissions by
approximately eight percent. Increased AVR may be achieved by, but is not limited to, the
following trip reduction measures:
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- Direct financial incentives for employees who carpool, vanpool,buspool,or use public facilities.
- Use of fleet vehicles for ridesharing purposes or by ridesharing employees for personal errands.
- Pay parking for drive alone commuters and, full or partial subsidization of parking for ridesharing
employees.
- Preferential parking for ridesharing vehicles.
- Facility improvements which provide preferential access and/or egress for ridesharing vehicles.
- Personal rideshare matching and/or active use of computerized rideshare matching service such as
Commuter Computer.
- A guaranteed-ride-home program for ridesharing employees in emergency situations.
- An on-site day care facility.
- Facility improvements to encourage bicycling and walking (showers,bicycle racks or lockers,etc.).
- Flexible work schedules for transit users,bicyclists,and pedestrians.
- Compressed work weeks such as 4/40 or a 9/80 or a 3/36 work schedule where employees report to
work fewer days during a two week period,but for longer work shifts, than employees who work
five 8-hour days per week.
- Telecommuting(i.e.,working at home)one or more days per week.
In order to comply with APCD Rule 210, the tenant must notify the Transportation Program
• Administrator at APCD, by mail, that the firm is to begin operation, prior to zoning clearance
approval. After occupancy of the building, the APCD will contact the tenant and work with them
to complete and implement their plan.
20. A representative of the Air Pollution Control District will conduct an annual air quality education
program on site to alert employees to any new developments in air quality information. This
measure shall be coordinated through the APCD.
21. Provide facilities on-site to promote pedestrian access and bicycle trips, including street lights,
sidewalks, curb ramps, bicycle storage facilities, and walkway signals at intersections, as required
by the City Engineer.
22. Bank-related services (auto-teller machine, direct deposit, check cashing, etc.) can be provided on-
site in order to reduce traffic trips.
23. Off-site Vehicular Traffic Circulation Improvements - The applicant should contribute funds
toward the improvement of local vehicular traffic circulation improvements. Such improvements
could include improved signal sychronization and/or widening of intersections/roadways. This
measure is proposed in order to improve the flow of traffic in the City which would reduce
congestion and the emission of air pollutants.
24. Subdivider to dedicate sufficient right-of-way to incorporate one bus shelter and bus turnout on Los
Angeles Avenue in the project site plan and Final Tract Map, in order for it to be easily constructed
if public transit is extended into the project frontage. Location to be approved by the City of
Moorpark and Caltrans.
25. In accordance with Condition 58 above, contribute to an off-site Transportation Demand
Management(TDM)fund,if no emission offsets can be obtained.
A. The approving jurisdiction should determine the basis for collection and how the funds are to be
spent. The funds should be spent or committed to a project within five years of receipt of the
funds.
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B. TDM funds must be used for projects or programs in the airshed in which the proposed project
will be located (i.e., the Oxnard Plain Airshed). Ridesharing arrangements or public transit
services which originate outside the airshed but which serve the airshed are also eligible uses
of the funds.
C. The approving jurisdiction should establish a TDM fund to receive and hold the funds until such
ime as the funds are spent on an approved project or program.
D. TDM funds should not be used for traffic engineering projects,including signal synchronization,
intersection improvements,and channelization, as the benefits from these projects are
primarily traffic-related and not air quality-related.
Noise
26. Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m., and 9:00 a.m.
to 7:00p.m. on Saturdays. No job site activity shall occur before or after these hours and not at all on
Sundays No job site activity shall occur before or after these hours and not at all on Sundays and
Holidays.
27. During site preparation and construction,construction equipment shall be fitted with modern sound-
reduction equipment.
28. The noise wall adjacent to Shop Numbers 1, 2 and Retail "A" shall be a minimum of eight feet in
height.
29. Vehicle speed limits of 25 mph shall be posted along Liberty Bell and Lassen Avenue.
30. Use of parking lot vacuums and landscape maintenance equipment shall be limited to the hours of 8
a.m.and 7 p.m. weekdays.
31. Provide staging areas on-site to minimize off-site transportation of heavy construction equipment.
Locate these areas to maximize the distance between activity and existing residential areas.
32. Designate and follow truck/equipment routes that travel through a minimum number of residential
areas,as approved by the City Engineer.
33. Ten-foot high noise attenuation walls shall be located around loading areas in the rear of the
anchor tenants.
Police Protection
34. A licensed security guard is required during the construction phase, or a 6-foot high chain fence
shall be erected around the construction site.
35. Construction equipment,tools,etc.,shall be properly secured during non-working hours.
36. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured
prior to installation during non-working hours. All serial numbers shall be recorded for
identification purposes.
37. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with
them. Al] parking areas shall be provided with a lighting system capable of illuminating the
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parking surface with a minimum maintained 1-foot candle of light and shall be designed to
minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be
protected by weather and breakage-resistant covers
38. Landscaping shall not obstruct any exterior door or window.
39. Landscaping is to be maintained at a height where pedestrians will have full view of the area
with no obstructions.
40. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or
screen views of a seated driver from another moving vehicle or pedestrian.
41. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a
loss of light at ground level.
42. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a
contrasting color.
43. Address numbers shall be a minimum of six inches in height and illuminated during the hours of
darkness.
44. All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick or of
metal construction. Front glass doors)commonly used for entry are acceptable but should be visible
to the street.
45. Doors utilizing a cylinder lock shall have a minimum five pin tumbler operation with the locking
bar or bolt extending into the receiving guide a minimum of one inch.
46. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc.
47. Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development
constructed under the same general plan, shall have locks using combinations which are
interchange free from locks used in all other separate dwellings, proprietorships, or similar
distinct occupancies.
Parks
48. Prior to the issuance of building permits, the developer shall pay the City's park impact fee for the
project, as calculated below:
265,940 square feet x$0.25 per square foot of commercial use=$66,485.00.
Sanitary Sewers
49. The project applicant shall be required to fund all sewer infrastructure improvements necessary to
accommodate the proposed project demand.
50. The applicant shall be required to comply with all pertinent County of Ventura Public Works
Department sewer connection regulations. These mitigation measures shall be implemented by the
County of Ventura Public Works Department (Waterworks District No. 1).
51. In accordance with the Ventura County Waterworks District No. 1 adopted Water Conservation
Rules, all buildings shall include ultra low water use plumbing fixtures.
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s
Storm Drainage
52. On-site detention basins should be incorporated into the proposed site plan. The use of landscape
mounding within the landscape medians planned throughout the proposed parking areas, with
area drains placed in a sump condition,would allow for some storage.
Solid Waste
53. To encourage future residents and tenants of the proposed project to contribute materials for
recycling, design considerations shall be included in each development component that would
provide adequate space and facilities for the storage and transfer of recyclable materials.
54. A waste reduction and recycling plan shall be submitted to and approved by the City of Moorpark
Community Development Department, prior to occupancy of the main tenant buildings. The plan
shall include a designated building manager, who be responsible for initiating on-site waste
materials recycling programs. This shall include the acquiring of storage bins for the separation of
recyclable materials and coordination and maintenance of a curbside pick-up schedule. These
recycling bins shall be located near on-site trash receptacles.
55. The developer shall require(in the construction specification and bid package) insulation and other
building materials made of recycled materials, to the extent possible, to increase the demand for
(and value of) recyclables.
56. The developer shall design and construct enclosed trash collection areas that are Iarge enough to
accommodate trash separation bins for recyclables in addition to those for non-recyclables. The site
plan shall depict these areas, which will be approved by the Community Development
Department,prior to zoning clearance.
57. The City's Building Official will verify that trash compactors are installed for non-recyclables,
wherever feasible on the project site.
• Visual/Architecture
• 58. A landscape plan shall be submitted to and approved by the Community Development Department,
prior to Zone Clearance, that ensures that a sufficient amount of tall and rapidly growing trees
and/or shrubs,in minimum 24-inch size box containers, are planted along the western site boundary
to minimize the glare impacts and the loss of privacy of the nearby single-family neighborhood.
All perimeter landscaping elements shall be completed prior to any tenant occupancy. Plant a
sufficient amount of tall growing trees and/or shrubs along the western site boundary to minimize
the glare impacts and the loss of privacy of the nearby single-family neighborhood.
59. The applicant shall have a tree report prepared consistent with City code requirements, to be
submitted for review and approval by the Community Development Department, prior to Zone
Clearance. Landscaping shalt be provided for the commercial development which is equivalent to
not less than the value of the 310 trees which will be removed.
60. All parking and walkway arca pole lights and street lights shall be fully hooded and back
shielded to reduce the light "spillage" and glare. An outdoor lighting plan shall be submitted for
review and approval by the Community Development Department, prior to Zone Clearance.
61. Colors and materials of the proposed building shall be compatible with the surrounding area, as
approved by the Community Development Department.
26
62. No illuminated building mounted signs shall be Permitted on any building facade facing towards a
residential neighborhood.
63. Tinted windows shall be installed to minimize the emittance of light and glare from interior
sources.
Traffic
Maureen Lane and Los Angeles Avenue
64. Provide an additional lane on Los Angeles Avenue,in both the eastbound and westbound directions.
(Improves to LOS A during AM and PM peak hours)
Liberty Bell Road and Los Angeles Avenue
65. Provide an additional lane on Los Angeles Avenue. Also provide three lanes on the southbound
Liberty Bell Road approach to the intersection. (Improves to LOS B during the AM peak hour and
to LOS C during the PM peak hour)
Park Lane and Los Angeles Avenue
66. Provide additional right-of-way on Los Angeles Avenue and widen Park Lane to allow three lanes
on the southbound approach to the intersection prior to occupancy. (Improves to LOS B during the
AM peak hour and to LOS C during the PM peak hour)
College View Avenue and State Route 118
67. Complete the link between the Route 23 and Route 118 Freeways, which could reduce traffic in this
east-west corridor by 25 percent or more. Due to right-of-way limitations and major physical
restrictions west of this location, it is not practical to widen Route 118 in this area, at this time.
Los Angeles Avenue and Moorpark Road
68. Provide an additional northbound left-turn lane to the eastbound approach. (Improves to LOS C
during the PM peak hour).
Los Angeles Avenue and Spring Road
69. Provide an additional northbound left-turn lane, one additional through and left-turn lane for both
southbound and eastbound approaches, and one additional through lane for the westbound
approach. (Improves to LOS B during both AM and PM peak hours).
Project Access and Circulation
70. Construct Lassen Avenue, Park Lane and Liberty Bell Road along the site boundaries 40-foot
roadways, within 56 feet of right-of-way.
71. Install traffic signals at the Los Angeles Avenue project entrances, at Liberty Bell Road and Park
Lane.
72. Provide adequate acceleration/deceleration lanes at the driveway location between Park Lane and
Liberty Bell Road, and restrict to right-turn in and right-turn out movements.
73. Widen Los Angeles Avenue along the project frontage to the full 102 foot section width, with two
through lanes and a left turn lane in each direction, at least until the freeway links are completed
and their effects can be observed.
74. Restrict left-turn access from Los Angeles Avenue only to signalized locations.
27
C
,�� .� MOORPARK
F
I,
`o 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
i
I, Lillian E. Kellerman, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No. 91-798 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 2nd day of OCTOBER , 1991, and that the same
was adopted by the following vote:
AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON
NOES: NONE '
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 4th day of OCTOBER 1991.
Lillian E. Kellerman
City Clerk
(SEAL)
AUL W LAWRASON JR 6FRNAFDO M PEREZ SCOTT MONTGOMERY ROY E. TALLEY .F JOHN E. WOZNIAK
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MOORPARK
!' � � 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
ro—; MEMORANDUM
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: May 1, 1992 (CC meeting of May 6, 1992)
SUBJECT: ADDENDUM TO STAFF REPORT FOR MINOR MODIFICATION TO CPD
89-2 AND TENTATIVE TRACT MAP NO. 4757 (VENTURA PACIFIC
CAPITAL COMPANY)
On May 1, 1992, staff received the attached modified plot plan for
the above captioned Minor Modification. The attached site plan
will replace the site plan (Attachment No. 3) attached to Item No.
8 (H) in your Agenda Packet. The modified plan provides for 90
degree parking to the rear of the proposed K-Mart building and
reduces the number of parking spaces adjacent to Park Lane, thus
allowing for better circulation around the building as well as
increasing the width of the landscaping buffer adjacent to Park
Lane in the area of the loading docks. The reconfiguration of the
parking also provides six (6) additional parking spaces. As
proposed by the applicant, screening to the rear of the K-Mart will
be provided by a decorative wall combined with landscaping.
After review of the revised plan, staff is of the opinion that the
modified plan is acceptable.
Attachment: Revised site plan (Attachment No. 3 {Revised} )
CC. Steve Kueny, City Manager
PPO5:01:92/11:58aaA:\ADDENDUM.CC
PAUL W. LAWRASON JR. JOHN E.WOZNIAK SCOTT MONTGOMERY BERNARDO M.PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
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M
GEORGE MACLEOD - POUNDER KENNETH G. MACLEOD
(1990-1970) PRESIDENT
MACLEOD CONSTRUCTION CO.
GENERAL BUILDING CONTRACTORS
UC.a 231203
PHONE(605)656-5200
4262 Telegraph Road
POST OFFICE BOX 3677
VENTURA,CALIFORNIA 93006
Nay 6, 1992
TO: THE HONORABLE CITY COUNCIL, CITY OF MOORPARK
FROM: MACLEOD CONSTRUCTION CO.
REQUESTED REVISIONS AND CLARIFICATIONS BY MACLEOD CONSTRUCTION CO. TO MINOR
MODIFICATIONS PROPOSAL TO CPD 89-2 AND TENTATIVE TRACT MAP NO. 4757 AS
SUBMITTED BY VENTURA PACIFIC CAPTIAL COMPANY REGARDING MISSION BELL PLAZA
1. Regarding Ventura Pacific Capital's request to clarify and/or modify the
CPD 89-1 and CPD 89-2 conditions (20, 25, 82, 86, 92, 94 and 110) and
Tentative tract Map NO. 4757 conditions numbered 28 and 37.
We respectfully request that this condition be further modified to read
as follows:
As an option in place of the Surety Performance Bond requirement, the
applicant or his successors for Phase II and Phase III will be allowed to record
the parcel map (LDM 89-2) if the applicant or successor of Phase II and
III agrees to have a subordinate lien to the benefit of the Ctiy of
Moorpark placed on the subject property. This applicant agrees to
execute a Reciprocal Access and Parking Easement Agreement and Sideyard
Agreement acceptable to the Building Official and Director of Community
Development between CPD 89-1 and CPD 89-2, prior to the issuance of a
zoning clearance for CPD 89-1 (Phase I); provided tli-at the applicant for
CPD 89-2 (Phase I) has made irrevocable arrangements to complete the
permanent improvements noted in Item NO. 1 of the Staff Comments herein
(parking spaces, truck access, etc.) prior to the completion of the first
building in CPD 89-1 (vest of the proposed KMART)
2. At Item NO. 5, page 4 of the Staff Comments and at Item 1., page 6-Additional
and Revised Conditions of Approval-
We respectfully request that the words "with the occupancy of the first
building" be replaced with the following "prior to the completion of the
first building"
3. Ventura Pacific Capital by this Minor Modification Request is asking to
be relieved of performing any improvements and maintenance on the Macleod
property until the referenced certain documentation is executed. However
they have previously asked us to approve a plan which would permit them
to discharge storm water onto the Macleod Property until the permanent
storm drainage facilities can be constructed through the Assessment
District. We respectfully request that if such temporary storm water
facilities are required that Ventura Pacific Capital maintain such
facilities at their cost and indemnify the City and Macleod from the
consequences of such additional water flowing from their property onto
the Macleod property.
•
• r
May 6, 1992
The Honorable City Council, City of Moorpark
Page Two
4.. We herewith specifically request that CPD 89-1 (Phase II and III) not be
deemed to have utilized its right to a future Minor Modification Request
because of the request for this Minor Modificaiton.
Respecfully submitted,
MACLEOD CONSTRUCTION CO.
BY '/Z"/•--Ttet� "1 �'e�e"""k_..
Rdnneth G. Macleod,
President
1 t� .i00 2a) )1-1„
VENTURA PACIFIC CAPITAL COMPANY
REAL ESTATE MANAGEMENT&DEVELOPMENT
340 Rosewood Avenue/Suite D/Camarillo, California 93010/(805) 987-6921
Mailing Address: P. O.Box 179, Camarillo, California 93011
May 1, 1992
Honorable Mayor Paul Lawrason
Members of the City Council
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Re: Letter to City of Moorpark From Macleod Construction
Dated May 1, 1992, attached hereto
Dear Mr. Mayor and Members of the City Council:
This letter clarifies from our standpoint Mr. Macleod's statements within the body
of the letter referenced herein.
The documentation referenced between Macleod Construction ("Macleod") and
Ventura Pacific Capital Company ("VPCC") does not mitigate our situation with
respect to Kmart's development. We remain committed to the City of Moorpark to
integrate CPD 89-1 and CPD 89-2. The primary document (the reciprocal easement
and access agreement) as it now exists would only grant to VPCC "unrecordable
easements and access" subordinate to the recordation of Macleod's LDM 89-2 which
he needs approximately one year to complete and record. We cannot improve
"unrecordable easements" as you might suspect, especially in light of the financing
rules for construction. Also,without recordation of those "unrecordable easements",
our parcel map (which must be recorded before we can deliver a pad to Kmart upon
which to build) would depict parcels that would not conform to the City parking
standards and are unacceptable to Kmart. By your approval of"temporary parking",
we are able to represent to the City and Kmart that we are legally parked until such
time that the Macleod easements become recordable, the "temporary parking" is
replaced by landscaping per our approved CPD 89-2, and permanent parking
substituted on the easements to be conveyed by Macleod.
w •
Honorable Mayor Paul Lawrason
Members of the City Council
May 1, 1992
Page Two
I believe that Macleod and VPCC have both made sacrifices, financial and otherwise,
for one another in order to achieve an ultimate product that the City of Moorpark
and the owners will be jointly proud of and benefit from. We pledge our continuing
cooperation to Mr. Macleod and the City of Moorpark. Thank you.
p
Si - -rely
A 7,-)F
e o . Sp► dello
Partn.
cc: Steve Kueny
Macleod Construction
Staff
1.1i+ `r' — 1 FF 1 1 2 - 1 3 P _ I 1
ti A
*CORGC MACLtOO - FbVNOU( KCNNr TH n. MACL.EOO
(fs,O-1970) P^farpckt
MACLEOD CONSTRUCTION CO.
GENERAL BUILDING CONTRACTORS
uc.r 231.03
PHONE;ws1161•s203
4262 Telegraph Road
POST OFFICE BOX 3677
VENTURA,CALIFORNIA 93006
May z., 1992
Honorable City Council
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Re: Requested Minor Modification to Mission Bell Plaza, CPD 89-2, by
Ventura Pacific Capital Company
Dear Mr. Mayor and Members of; the Council:
You have been requested by Ventura Pacific Capital Co. (VPCC) to approve a
Minor Modification to their portion of Mission Bell, Plaza, the integrated
retail and commercial center which was approved in October 1991.
Because of the recent progress made by Macleod and VPCC in reaching concurrence
on certain documents to be executed we believe that a one (1) week continuance
of this matter Would preclude the necessity for the requested modification
except for their intended change to ninety degree parking on CPD 892. VPCC
now advises us that they cannot support the one week extension because of
considerations involving VPCC's proposed anchor tenant (MART) and also for
financing considerations. Macleod wishes to advise you of their activities
and commitments in behalf of the VPCC development which is of such critical
interest to the City.
Macleod's Cooperative Activities & Commitments
1. Participation in the Major Modification to the Integrated Center (Macleod
and VPCC Parcels) which ensured that MART could be developed within the
Mission Bell Plaza.
2. Although the Macleod Parcel is well over 50% of the land iirthe Center, the
Macleod portion of allowable retail space has been reduced from a previous
55% of the total retail space (before the Major Modification) to 46% under
the present plan. Also the Macleod Parcel, if fully developed as retail,
would generate only 44% of the average daily traffic for Mission Bell Plaza.
3. The Macleod parcel will furnish, on a permanent basis, the principal traffic
flow artery with Liberty Bell Avenue providing the arterial exit to Los
Angeles Avenue. Liberty Bell Avenue, in conjunction with the east-west
drive aisle, will divert portions of the heavier traffic generation from
VPCC's CLD 89-2 parcel and to provide stacking arrangements for the
cars entering and exiting the Center from and to Los Angeles Avenue.
1.1 F•A Y - 1 - 9 2 F 1-, 1 1 2 : 1 4 1 . t.
May 1, 1992
Uonorable City Council
City of Moorpark
Page Two
3. Continued
No similar arrangements are being required of the VPCC parcel. Accordingly
Macleod has asked VPCC to share in the improvement costs which will not be
in the scope of the proposed Assessment District as well as pay for a fair
share of the long-range maintenance costs.
By this subject Minor Modification VPCC is requesting to defer to as un-
specified future date the obligation to construct the east-west drive aisle
from the VPCC west property line to the Liberty Bell Avenue entrance plus
the truck entrance from Lassen Avenue and any other improvements on our
property which would assist them in meeting the conditions of development
for their parcel. For the record Macleod has offered to reimburse VPCC
for its share of the jointly used improvements when Macleod can obtain
an adequate construction loan.
4. Assessment District Formation
a. Macleod has agreed to participate in the formation and implementation of
an Assessment District to design, fund and construct major offsite street,
storm drain and utility improvements as madated by the City's Conditions
of Development.
b. Inherent Risks - The Macleod parcels (Commercial and Residential) would
be jeopardized until a credit anchor tenant cam be obtained to provide
the source for the payment of the substantial annual payments. Macleod
understandably desires to avoid the consequences of an installment de-
fault situation such as that which resulted in a foreclosure action on
the Oxnard Town Center. Notwithstanding the inherent dangers involved
if a slow retail market persists Macleod will reluctantly undertake
the potential risks.
S. Cooperation with Proposed Anchor Tenant
A. The value of our original and ongoing cooperation which enabled this
critically important tenant to become situated in the Center, without
requiring that we directly benefit from their presence, is a matter
of record. It has been discouraging for us that we have had to more
recently negotiate with MART'S needs being represented to us indirectly
and with no opportunity for direct contact with them. Also without the
input of a potential future credit anchor tenant for our parcel such
negotiations are rendered additionally difficult.
B. During the next few months a large concentrated effort will be directed
toward getting the RMART facility opended. In this connection the City
could understandably be requested to make changes in the scope and
timing of improvements that are Conditions of Development of both the
•
,.. •1 'r
May 1, 1992
Honorable City Council
City of Moorpark
Page Three
5. Cooperation with Proposed Anchor Tenant -Continued
Macleod and VPCC Parcels (as modified). We respectfully request that
Macleod be immediately notified of any pending changes to the Conditions
which may affect our property and that no changes be put into motion
without our prior informed approval.
6. Additional Requests in Connection with Macleod's Intent for Om oin
Cooperation with the Ci y and VPCC
A. Because customers of VPCC's proposed anchor tenant and other retail
establishments will so significantly utilize the Macleod Parcel for
ingress, egress and traversing of the Center we respectfully request
the City to require that VPCC reimburse us for costs and maintenance
and provide liability coverage from such useage. Reference is to such
facilities as they may find necessary to provide in the near term
(temporary storm water) or in the longer term (parking, drive aisles,
truck entrances, etc.) on our property.
B. Should the Council, in consideration of current economic conditions or
other factors permit deferrals or deletions of otherwise intended im-
provements in connection with the upcoming development of the VPCC
Parcel, we respectfully request that the intended Macleod development
be accorded the same or equivalent privilege.
C. In consideration of our participation in the Assessment District we
request that our equitable lien requirements (in lieu of bonding for
onsite improvements) for our future submittal of Land Division Map
(LAN 89-2) be held to a reasonable minimum. Also regarding UM 89-2,
we will greatly appreciate when it is submitted if the City will
accomodate us to the greatest extent possible by an expeditious
processing thereof.
For your convenience please refer to the attached site plans delineating each
parcel, • and the improvements which flCC previously agreed to provide on the
Macleod Parcel. Also a copy of VPCC's Minor Modification Request is enclosed.
Yours sincerely
MACLEOD CONSTRUCTION CO.
By
Kenneth G. Macleod,
President
cct Steve Kueey
Ventura Pacific Capita]. Group