HomeMy WebLinkAboutAGENDA REPORT 1994 0907 CC REG ITEM 09CMEMORANDUM
TO: City Council
FROM: Jaime Aguilera, Director of Community
Paul Porter, Senior Planner
ITEM q�f 4b C • ,
DevelopmenZ
DATE: July 12, 1994 (CC meeting of September 7, 1994)
SUBJECT: CPD 89 -1 (MAJOR MODIFICATION NO. 2- MISSION BELL PLAZA),
PM 4961 AND VARIANCE NO. 94 -1 (VENTURA PACIFIC CAPITAL
GROUP VI)
Background
The City Council certified the original EIR and approved the
original project (known as CPD 89 -1 and -2, and LDM 89 -2) on
October 17, 1990. The project which is known as Mission Bell Plaza
is located on the north side of Los Angeles Avenue, west side of
Park Lane, south side of Lassen Avenue and both east and west of
the extension of Liberty Bell Avenue. On March 29, 1991 the
applicant submitted an application for Major Modification No. 1 to
CPD 89 -1 and -2. The Major Modification request included Tentative
Parcel Map No. 4757 which subdivided two existing parcels into
thirteen lots (including six freestanding pad -ready lots). Major
Modification No. 1 to CPD 89 -1 and -2 included 23.62 acres (known
in the original EIR as the upper and lower commercial components)
and included 221,440 square feet of general retail (including two
anchor tenants; a 104,845 sq. ft. K -Mart and a 52,920 sq. ft.
uncommitted store), 24,000 square feet of restaurants, 9,000 square
feet of medical office, a 9,200 square foot outdoor plant nursery,
and 2,300 square foot Shell gasoline station with food mart and car
wash.
On October 2, 1991, the City Council adopted Resolution No. 91 -808
for approval of Tentative Tract Map No. 4757 and Resolution No. 91-
798 for Major Modification No. 1 to CPD 89 -1 and -2. Construction
of CPD 89 -2 portion of Mission Bell Plaza has been completed.
Discussion
Ventura Pacific Capital Group submitted the above captioned
applications for Major Modification No. 2 for CPD 89 -1, PM 4961,
and Variance No. 94 -1 on June 3, 1994.
Major Modification No. 2 to CPD 89 -1 is for approval of a revised
site plan to Phase 2 of Mission Bell Plaza to include a market,
shops, free standing commercial buildings and theater. The
proposed revisions to CPD 89 -1 are as follows:
PP08:23:9412:38pmA: \7SFP94.CC 1
CTION:
Gy
CPD 89 -1 - Proposed
Net Site Area: Approximately 15.30 acres (666,800 sq. ft.)
Major "A"
50,320
sq.
ft.
Major "B"
35,000
sq.
ft.
Shops "1 "(7,000 sq. ft. food use)
14,850
sq.
ft.
Pad "A"
5,500
sq.
ft.
Pad "B" (food use)
3,000
sq.
ft.
Pad "C"
3,500
sq.
ft.
Pad "D" (3,500 sq. ft. food use)
5,000
sq.
ft.
GROSS FLOOR AREA
117,170
sq.
ft.
Request for Tentative Parcel Map No. 4961
The submitted Parcel Map is to subdivide the property to correspond
to the various uses within CPD 89 -1 of the Mission Bell shopping
center project as follows:
Parcel Area Sq. Ft Acres
1 (Pad A)
30,400
0.70
2 (Pad B)
25,400
0.58
3 (Market)
205,000
4.71
4 (Pad C)
30,600
0.70
5 (Pad D)
30,000
0.69
6 (Shops)
26,800
0.62
7 (Theater)
318,600
7.31
Total
666,800
15.31
According to the applicant, the purpose of the subdivision is:
1) To provide a legal description for each of the users which is
necessary for a lease, and 2) To divide the land for possible sale
of individual parcels to tenants of the shopping center. The
tentative parcel map divides the land into respective parcels which
corresponds to each of the proposed uses as shown above.
Request for variance 94 -1
The applicant has requested a Variance to allow 221 compact parking
spaces on the proposed theater parcel. The compact spaces would
constitute 18% of the total stalls provided on CPD 89 -1 of Mission
Bell Plaza.
Interface with Planned Park and Proposed Residential Units North of
the Proposed Site
The proposed shopping center will be located directly south of the
proposed City Park and Residential units. The architectural style
of the shopping center has been designed so as to minimize visual
PP08r23:9912:38petA:\7S8P99.CC 2
impacts from both the proposed residences and park by carrying the
architectural theme completely around each of the buildings in the
shopping center and by establishing a buffer of 24 inch box
evergreen trees and 5 gallon shrubs along the entire northerly
boundary of the proposed project. In addition, a decorative wall
be constructed behind the loading area for the market to add to the
buffering of the loading zone.
Vacation of Lassen Avenue
Completion of the proposed shopping center is contingent upon the
City abandoning Lassen Avenue. Staff will bring an action to
abandon a portion of Lassen Avenue affecting this project to the
City Council once a decision to approve or deny this project is
made. Approval of this project is contingent upon the City
abandoning the portion of Lassen Avenue affecting access to this
project.
Buffer Wall Along Westerly Boundary Adjacent to Residences and
Other Changes .in the Area
A eight foot high concrete block wall is proposed along the
westerly boundary of the site to buffer the commercial shopping
center from the residences located west of the project site. A
condition of approval has been imposed on the project requiring
that the wall be constructed prior to the issuance of a building
permit for construction of the project.
Another change along the western portion of the proposed
development is that the previous development had Liberty Bell
Avenue traversing through the western portion of the site. In
addition, retail shops were to be located near the existing
residences to the west of the property. The proposed project
increases the setback of the proposed buildings from the residences
to the west of the project.
Landscaping
As proposed, the project site will provide the following amount of
landscaping:
Landscaped Areas in Parking area within property lines
68,100 sq. ft. (10% of parking area)
Shop Building No. 1 is deficient in the amount of landscaping
around the perimeter of the building, therefore staff has imposed
a condition of approval requiring the plot plan be revised to
provide additional perimeter landscaping around the building.
PP08 :23 :9412:38pmA :\7SSP94.CC 3
Parking
Parking Required 1,078 spaces
68,670 sq. ft. Retail Use @ 1/300 229
13,500 sq. ft. Food Use @ 1 /100 135
32,000 sq ft Major "B" Theater (1 per 3.5 seats) 714
TOTAL 1,078 spaces
Parking Provided 1,185 spaces
Handicapped 33
Standard 931
Compact (see Variance Section) *221
TOTAL * *1,185 SPACES
* Note: 9 spaces deleted per conditions of approval in favor of
standard spaces.
** Note: The applicant is providing more parking than required
in order to satisfy parking requirement by his theater tenant.
Compact Parking
As indicated in the above table, the applicant is providing 221
compact parking spaces. This represents approximately 18 percent
of the total parking spaces provided on -site. Staff position is
that 221 compact parking spaces is inconsistent with what the City
has allowed in the past and that this project does not need 18
percent of the spaces to be compact spaces. Therefore, staff has
conditioned the applicant to revise the plot plan converting all of
the compact parking spaces adjacent to the single family residences
to the east of the project be converted to regular size parking
spaces.
Reciprocal Access between Phase 1 and 2 Tenants
As both Phase 1 and 2 of CPD
Plaza have been divided into i
be a need to require reciproc
legal access to each of the
accommodate the parking lot
project to provided reciprocal
Justification For Variance
89 -1 and CPD 89 -2
ndividual parcels of
al access easements
proposed parcels
areas. Staff has
access easements.
of Mission Bell
land, there will
so as to allow
of land and to
conditioned the
Staff is of the opinion that justification for the Variance does
not exist, because the applicant could make reasonable use of the
land without having a theater. The strict application of the
zoning regulations as they apply to this property would allow the
applicant to make reasonable use of the property in the manner in
which other property of like character in the same vicinity and
PP08:13:9411 :38pmA :\7SSP99.CC 4
zone can be used. Therefore, staff cannot support the use of a
Variance in order to have compact parking stalls for use by the
theater.
Amendment to Zoning Ordinance to Allow Compact Parking for Theater
Another approach to allow compact parking for the theater uses
would be adopt an amendment to Article 8 of the Zoning Ordinance to
allow compact parking for theater uses only. The justification to
allow compact parking for theaters is based on the fact that these
uses require substantially more parking spaces for the size of the
building than other commercial uses and the need for the parking is
during show times.
Should the City Council determine that an Ordinance Amendment is
appropriate, staff has attached a Resolution (Attachment 8) for the
Council's consideration directing the Planning Commission to set a
public hearing regarding this matter. Staff postulates that the
City .Council could approve the project as presented with the
understanding. that the changes to the Zoning Ordinance are
imminent. Staff also proposes that the applicant pay for the cost
of the Zoning Ordinance Amendment.
Architecture
The architectural elements of the original approved project and the
proposed project are nearly identical. The proposed project
contains wall and door architectural finishes around the buildings,
accent tiles, wood trellis, clay type roofs and cement plaster
similar to the constructed portion of Mission Bell Plaza. In
addition, the architectural theme is carried around the buildings.
A screen wall will be provided to the rear of the proposed
Albertson's store to add in the screening of delivery trucks.
Proposed colors are the same as with the existing Phase 1
development. Roofing material will consist of Bermuda Blend "U.S.
Tile" Mission Roof Tile. The buildings frontages will be painted
with "Frazee" Vanilla Creme and the trim color will be "Frazee"
Adobe. "Latco" Summer Sun Series Glazed Ceramic Tile will be used
to accent the buildings.
A colonnade theater reader board has been provided as an
architectural feature. This feature is approximately 35 feet high
and is architecturally compatible with the proposed buildings. The
applicant has proposed to use this feature to also advertise
tenants. Staff has placed a condition on the project disallowing
the tenant signs.
Traffic
Staff requested Austin -Foust Associates, Inc. to provide a trip
generation summary of the proposed project to compare the CPD 89 -1
traffic counts and compare them to the trip generation from the
PP08:23:9912:38pmA: \7SBP94.CC 5
proposed project. A copy of this summary is attached to this
report for the Council's information (See attachment 7). As the
table indicates, the proposed land use changes result in slightly
higher trip generation levels compared with the adopted land use
plan. These slight increases are considered to be insignificant.
Entry Treatment at Liberty Bell Avenue
The existing entry at Los Angeles Avenue does not have a median as
does the existing entryway at CPD 89 -2 and at the entry along Los
Angeles Avenue. Staff is of the opinion that a landscaped median
at the entryway will create an aesthetic focal point at the
entrance of the center. A condition has been imposed on the
project requiring that the plot plan be revised to provide a
landscaped median at the entryway. The design of the median is
subject to the review and approval of the Director of Community
Development prior to the issuance of a Zoning Clearance.
California Environment Quality Act
The City has prepared an Addendum to the Final EIR that was
prepared for Major Modification No. 1 of this project. The
Addendum states that the proposed modifications to the approved
project does not raise new issues about the significant effects on
the environment. Pursuant to the California Environmental Quality
Act, the City shall prepare an Addendum if:
1. None of the conditions described in Section 16162 calling
for preparation of a subsequent EIR have occurred;
2. Only minor technical changes or additions are necessary
to make the EIR under consideration adequate under CEQA;
3. The changes to the EIR made by the Addendum do not raise
important new issues about the significant effects on the
environment.
In addition, the addendum need not be circulated for public review,
but can be included in or attached to the Final EIR. The decision -
making body must also consider the addendum with the final EIR
prior to making a decision on the project.
Recommendations:
1. Open the public hearing and accept public testimony.
2. Close the public hearing.
3. Approve the attached Resolution citing the addendum to the
Mission Bell Plaza EIR and approving Major Mod. 2 of CPD 89 -1,
PM 4961 and denying Variance 94 -1.
PP08:23:9412:38pM :\7S9P99.CC 6
5. Adopt the attached Resolution instructing the Planning
Commission to study, hold a public hearing, and recommend to
the City Council modifications to the City's Zoning Ordinance
relating to allow no more than 15% of the required parking
spaces for theaters to be compact parking spaces.
Attachments:
I. Addendum to EIR
2. Resolution of Approval
3. Traffic Summary prepared by Austin Faust
4. Site Plan
5. Tentative Parcel Map No. 4961
6. Elevations
7. Conceptual Landscape Plan
B. Resolution regarding Zoning Ordinance Amendment.
PP08:13:9412:38pmA :\7SEP9 4.CC
ADDENDUM TO THE FINAL SUPPLEMENT TO THE ENVIRONMENTAL IMPACT REPORT
FOR MISSION BELL PLAZA -SCH NO. 89042617
SUBJECT: COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 89 -1 (MAJOR
MODIFICATION NO. 2) AND TENTATIVE PARCEL MAP NO. 4961.
Approved Project
On October 2, 1991, the City Council of the City of Moorpark
adopted Resolution No. 91 -798 approving Major Modification No. 1 to
CPD 89 -1, 89 -2, Tentative Tract Map No. 4757. Resolution 91 -798
certified the Final Supplemental Environmental Impact Report,
adopted a Mitigation Monitoring Plan, Findings of Significance and
Statement of Overriding Considerations, and approved Major
Modification No. 1 to Commercial Planned Development (CPD) 89 -1
and 89 -2 (Mission Bell Plaza).
Commercial Planned Development 89 -1 and 89 -2 was for 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 square foot gasoline 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 the west side of Park Lane in the City of Moorpark.
Description of Proposed Project
The proposed development would constitute Phase Two of the Mission
Bell Shopping Center. A break -down of the phases is as follows:
Phase 1 - Existing
Net Site Area Approximately 11 acres
R -Mart
104,231
SF
Shops AA
20,925
SF
PAD BB
3,035
SF
PAD CC
2,300
SF
TOTAL
130,491
SF
PP07:01:94110:52amA: \ADDBND.6IR
ATTACHMENT 1
Phase 2- Proposed
CPD 89 -1 - Proposed
Net Site Area: Approximately 15.30 acres (666,800 sq. ft.)
Major "A"
50,320
sq.
ft.
Major "B"
35,000
sq.
ft.
Shops "1
"(7,000 sq. ft. food use)
14,850
sq.
ft.
Pad "A"
5,500
sq.
ft.
Pad "B"
(food use)
3,000
sq.
ft.
Pad "C"
3,500
sq.
ft.
Pad "D"
(3,500 sq. ft. food use)
5,000
sq-
ft.
GROSS FLOOR AREA
117,170
sq.
ft.
Environmental Setting
The project is located on the northwesterly and northeasterly
corner of Liberty Bell Avenue and Los Angeles Avenue in the City of
Moorpark. It. constitutes a flat previously graded and denuded
piece of land. Development around the site consists of Phase I of
Mission Bell Plaza to the east, a school and vacant land to the
north and residences to the west.
Determination
A previous Environmental Impact Report was prepared for the Mission
Bell Plaza.
Based upon a review of the current project, it has been determined
that:
a. There are no new significant environmental impacts not
considered in the previous EIR.
b. No substantial changes have occurred with respect to the
circumstances under which the project is undertaken; and
C. There is no new information of substantial importance to the
project.
Therefore, in accordance with Section 15164 of the State CEQA
Guidelines, this Addendum has been prepared. No public review of
the addendum is required.
Mitigation Measures Incorporated into the Project
A number of Mitigation Measures which were included in the Original
EIR as requirements for future actions will be made conditions of
the Tentative Map and or the Commercial Planned Development Permit
as identified in the previous EIR. No new mitigation measures are
required.
PP07 :01 :91 110:51aM : \ADDBND.SIR 2
Significant Unmitigated Impacts
There are no new significant impacts identified for the current
project.
Findings were adopted when the Original
Additional Fi dings were not required.
-�Jd3me Aguilera
Director of Community Development
Attachment: Parcel Map
Revised Plans
PP0 7:01:94110:52amA: \ADDBND.gIR 3
EIR was certified.
, y
Date
RESOLUTION NO. CC -94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA APPROVING MAJOR MODIFICATION NO. 2 TO CPD 89 -1, PM 4961
AND DENIAL OF VARIANCE NO. 94 -1 ON THE APPLICATION OF VENTURA
PACIFIC CAPITAL GROUP VI
WHEREAS, at a duly noticed hearing on September 7, 1994,
the City Council considered the application filed by Ventura
Pacific Capital Group VI requesting approval of Major Modification
No. 2 to CPD 89 -1, PM 4961 and Variance 94 -1 for the following:
Major Modification No. 2 to CPD 89 -1 is for approval of a revised
site plan to Phase 2 of Mission Bell Plaza to include a market,
shops, free standing commercial buildings and theater. The
proposed revisions to CPD 89 -1 are as follows:
CPD 89 -1 - Proposed
Net Site Area: Approximately 15.30 acres (666,800 sq. ft.)
Major "A"
30,400
50,320
sq.
ft.
Major "B"
3 (Market)
35,000
sq.
ft.
Shops "1
"(7,000 sq. ft. food use)
14,850
sq.
ft.
Pad "A"
26,800
5,500
sq.
ft.
Pad "B"
(food use)
3,000
sq.
ft.
Pad "C"
3,500
sq.
ft.
Pad "D"
(3,500 sq. ft. food use)
5,000
sq.
ft.
GROSS FLOOR AREA
117,170
sq.
ft.
Request for Tentative Parcel Map No. 4961
The submitted Parcel Map is to subdivide the property to correspond
to the various uses within CPD 89 -1 of the Mission Bell shopping
center project as follows:
Parcel Area Sq. Ft Acres
1 (Pad A)
30,400
0.70
2 (Pad B)
25,400
0.58
3 (Market)
205,000
4.71
4 (Pad C)
30,600
0.70
5 (Pad D)
30,000
0.69
6 (Shops)
26,800
0.62
7 (Theater)
318.600
7.31
Total
666,800
15.31
Request for Variance 94 -1
The applicant has requested a Variance to allow 221 compact parking
spaces on the proposed theater parcel. The compact spaces would
PP08:24:91 12:40pmA: \CCAPR.R8S 1
ATTACHMENT 2
constitute 18% of the total stalls provided on CPD 89 -1 of Mission
Bell Plaza.
The Assessor's Parcel Numbers are: 511 - 080 -195, -205, -215, -
245, -255, -265, -315, and -325.
WHEREAS, at its meeting on September 7, 1994, the City
Council opened the public hearing, took testimony from all those
wishing to testify and closed the public hearing; and
WHEREAS, the City Council makes the following findings:
C.E.O.A. Findings
1. That none of the conditions described in Section 15162 of the
California Environmental Quality Act calling for the
preparation of a subsequent EIR have occurred.
2. That the Changes to the EIR by the Addendum do not raise
important new issues about the significant effects on the
environment.
3. That pursuant to Section 15164 (c) of the California
Environmental Quality Act, the City Council has considered the
Addendum with the Final EIR prior to making a decision on the
project.
ubdivision Map Act Findings
Based on the information set forth above, it is determined that the
Tentative Parcel Map, with imposition of the attached conditions,
meets the requirements of the Government Code Sections 66473.5,
66474, 66474.6, and 66478.1 et sea., in that:
1. The proposed map is consistent with the General Plan;
2. That the design and improvements of the proposed subdivision
is consistent with the General Plan;
3. The site is physically suitable for the type of development
proposed;
4. The design of the subdivision and the proposed improvements
will not cause substantial environmental damage;
5. The design of the subdivision and the type of improvements
will not cause serious public health problems;
6. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivision;
PP08:24 :94 12:40pmA: \CCAPR.RRS 2
7. There will 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
B. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake, or
reservoir.
Commercial Planned Development Findings
1. The proposed use would be consistent with the purpose, intent,
guidelines, standards, policies, and provisions of the City's
General Plan and Zoning Ordinance;
2. The proposed use will not impair the integrity and character
of the zone.in which it is to be located;
3. The proposed use will be compatible with land uses permitted
within the General Plan land use designations and the zone in
the general area where the use is to be located;
4. The proposed use will not be obnoxious or harmful or impair
the utility of the property itself or neighboring property or
uses, and;
5. The proposed uses will not be detrimental to the public
interest, health, safety, convenience, or welfare.
WHEREAS, the City Council after review and consideration
of the information contained in the staff report dated September 7,
1994 and after consideration of the Addendum to the Final EIR that
was prepared for Major Modification No. 1 of CPD 89 -1, has reached
a decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council accepts the Addendum to the
Final EIR that was prepared for Major Modification No. 1 to CPD 89-
1 prior to making a decision on the project.
Section 2. The City Council hereby approves Major
Modification 2 to CPD 89 -1 and adopted the following conditions:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
General Requirements
1. The permit is granted for the land and project as identified
on the entitlement application form and as shown on the
approved plot plans and elevations. The location and design of
PP08:14:94 12 :40pM:\CCAPR.RES 3
all site improvements shall be as shown on the approved plot
plans and elevations except or unless indicated otherwise
herein in the following conditions.
2. The development is subject to all applicable regulations of
the Commercial Planned Development (CPD) Zone, and all
requirements and enactments of Federal, State, Ventura County,
the City authorities and any other governmental entities, and
all such requirements and enactments shall, by reference,
become conditions of this permit.
3. 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.
4. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
two (2) years 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 two year
period. The request for extension of this entitlement shall
be made in writing, at least 30 -days prior to the expiration
date of the permit.
5. Upon expiration of this permit, or abandonment of the use, the
premises shall be restored by the permittee to the conditions
existing prior to the issuance of the permit, as nearly as
practicable.
6. All facilities and uses other than those specifically
requested in the application are prohibited unless an
application for a modification 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.
7. 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.
8. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any of
the remaining conditions or limitations set forth.
PP08:24 :9412 :40pmA:\CCAPR.RES 4
9. 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 for any court costs and /or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
10. Prior to approval of construction plans for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Department of Community
Development. If a applicant desires, construction plans may
be submitted to the Building and Safety Department prior to
approval of this Development Permit with a City approved Hold
Harmless Agreement.
11. Prior to. the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
12. The permittee's acceptance of this permit and /or commencement
of construction and/ or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
13. The project must conform to the standards contained in the
American Disabilities Act.
14. The project tenant (employer) 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 work site. The target is to
meet a specific average vehicle ridership (AVR) of 1.35. This
will be increased to 1.5 after 1997. In order to comply with
APCD Rule 210, the project applicant (site employer) must
notify the Transportation Program Administrator at APCD, by
mail, that the firm is to begin operation. After occupancy of
the building, the APCD will contact the applicant and work
with them to complete and implement their plan. Increased AVR
may be achieved by, but not limited to, the following
reduction measures.
a. Direct financial incentives for employes who carpool,
vanpool, buspool, or use public facilities.
b. Use of fleet vehicles for ridesharing employees for
personal errands.
C. Preferential parking for ridesharing employees.
PP06:24:94 12:40pmA :\CCAPR.REs 5
d. Facility improvements which provide preferential access
and /or egress for ridesharing vehicles.
e. personal rideshare matching and /or active use of
computerized rideshare matching service such as Commuter
Computer.
f. A guaranteed- ride -home program for ridesharing employees
in emergency situations.
g. An on -site day care facility.
h. Facility improvements to encourage bicycling and walking
(showers, bicycle racks or lockers, etc.)
i. Flexible work schedules to transit users, bicyclists, and
pedestrians.
j. 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 no longer work shifts, than
employees who work five 8 -hour days per week.
k. Telecommunicating ( ie . , working at home) one or more days
per week.
Landscaping
15. Prior to issuance of a Zoning Clearance, a complete landscape
plan (3 sets), together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape
Architect, generally in accordance with the Ventura County
Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval.
The purpose of the landscaping shall be to control erosion,
prevent aesthetic impacts to adjacent property owners, and to
replace mature trees lost as a result of construction. The
landscape plan shall contain the following:
a. The final landscape plans shall be in substantial
conformance with the conceptual landscape plan submitted
with the application.
b. The applicant shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
C. The landscaping and planting 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.
PP08:29:94 12:90pmA:\CCAPR.RES 6
d. The landscaping shall be approved by the Director of
Community Development and in place and receive final
inspection prior to occupancy.
e. The City's landscape architect shall certify in writing
that the landscape and irrigation system was installed in
accordance with the approved Landscape and Irrigation
Plans.
f. The final landscape plans shall include landscaping
specifications, planting details, and design
specifications.
g. The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project
limits.
h. A 50 percent shade coverage shall be provided within all
open parking areas. Shade coverage is described as the
maximum mid -day shaded area defined by a selected
specimen tree at 50 percent maturity.
i. All plant species utilized shall be drought tolerant, low
water using variety.
j. Landscaping at site entrances and exits and any
intersection within the parking lot shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
k. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -inch
high concrete curbs.
1. Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
M. Earthen berms and /or low walls shall be provided to
screen views of parked vehicles from access roads.
n. Backf low preventers, transformers, or other exposed above
grade utilities shall be shown on the landscape plan(s)
and shall be screened with landscaping and /or a wall.
o. A sufficiently dense tree planting plan emphasizing tall
growing trees and /or shrubs shall be designed. The
number of trees shall be as follows: 40% - 15 gallon, 30%
- 24 inch box, and 30% - 36 inch box size in order to
provide screening in a three (3) to five (5) year time
period.
PP08:24:94 12:4OpM:\CCAPR.Rss 7
P. Irrigation shall be provided for all permanent
landscaping, as identified in the approved landscape
plan. The applicant shall be responsible for maintaining
the irrigation system and all landscaping. The applicant
shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the
landscape plan approved for the development.
q. The applicant shall agree to provide the necessary
maintenance easements to the City for those designated
landscape areas as determined by the City. The applicant
shall maintain the right to protest the amount and spread
of any proposed assessment in relation to the formation
of a landscape maintenance assessment district, if and
when created by the City. The applicant shall record a
covenant to this effect.
r. The applicant shall provide an irrevocable offer of
dedication of easements adjacent to public and private
roads for all slope areas adjacent to roadways that are
proposed to be landscaped.
S. Exotic plants which are known to spread beyond their
original plantings and invade native habitats such as
Pampus Grass, Spanish Broom, and Tamarisk shall not be
used.
t. 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.(PD)
U. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.(PD)
V. Additional landscaping shall be required along the
perimeter of the "shops" building. Said landscaping
shall be submitted in plan form to the Director for
approval and inclusion in the landscape plan.
W. A landscaped median shall be provided at the entry way at
Los Angeles Avenue. The design of the median is subject
to review and approval of the Director of Community
Development prior to the issuance of a Zoning Clearance
for Construction.
Prior to the Issuance of a Zoning Clearance, the following
Conditions shall be satisfied
16. Prior to issuance of a zoning clearance the comprehensive sign
program that was approved for Phase 1 shall be revised and
PPO8:24:94 12:40pmA:\CCAPR.RES 8
submitted for approval to reflect what the City is approving
with respect to Phase 2. The revised sign program shall be
submitted along with the construction plans for Phase 2 for
review and approval by the Department of Community
Development. A sign permit is required for all on -site signs.
All proposed signs shall conform to the approved sign program.
The approved sign program shall supersede Article 10 of the
City's Zoning Ordinance.
17. 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.
18. Prior to issuance of a building permit, all on -site
improvements specified in this permit must have been provided
or the Director of Community Development approves the
acceptance of a Performance Bond to guarantee the construction
and maintenance of exterior improvements including, but not
limited to perimeter tract walls (including stucco treatment),
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 walls, including stucco treatment;
landscaping; fences; slope planting or other landscape
improvements not related to grading, etc. are maintained.
19. Prior to Issuance of a Zoning Clearance, all final
construction working drawings, grading and drainage plans,
plot plans, final parcel map, sign programs and landscape and
irrigation plans (three full sets) shall be submitted to the
Director of Community Development for review and approval.
20. Prior to the issuance of a Zoning Clearance, the applicant
shall remove all existing signs on the subject property.
21. The elevation plan indicates that tenant signs will be allowed
in the colonnade. No other sign except the changeable copy
sign is to be allowed on the colonnade.
Fees
22. Prior to issuance of a Zoning Clearance, the applicant shall
pay all outstanding case processing (Planning and
Engineering), and all City legal service fees.
PP08: 29:91 12 :40PMA:\CCAPR.RSS 9
23. Prior to the Issuance of a Zoning Clearance, 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.
24. Prior to the Issuance of a Zoning Clearance, 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 area.
25. Prior to issuance of a building permit the applicant shall
make a contribution of $568,467.24 to the City's Traffic
Management System Fund. The applicant for Phase 1 has
deposited $100,000 of the total fee with the Department of
Community Development, prior to the issuance of the first
Zoning Clearance for the Development. The total fee shall be
prorated over the square footage of building area contained in
the entire Mission Bell Plaza and incrementally paid prior to
the issuance of a Zoning Clearance. The total balance of the
remaining fee shall be paid prior to the issuance of a Zoning
Clearance for this Major Modification.
26. Prior to the commencement of construction plan review by the
Community Development Department, the applicant shall deposit
with the City of Moorpark a Condition Compliance review in the
amount of the original filing fee for the project.
27. Prior to the issuance of a Zoning Clearance, the applicant
shall deposit $5,000 to be used to pay for any necessary
Zoning Enforcement or conducting condition conformance
monitoring related to the approved permit, after the issuance
of a Zoning Clearance. Within thirty (30) days notice by the
City, the applicant shall replace monies spent by the City
staff for condition performance monitoring or zoning
enforcement.
28. Prior to issuance of a Building Permit, the applicant shall
pay all school assessment fees levied by the Moorpark Unified
School District, if applicable.
29. Prior to the issuance of a Building Permit, the applicant
shall pay a fee established pursuant to Ordinance 102 in the
amount of $ .05 per sq. ft. to be used to install, maintain
and replace landscape work on public property for the purpose
of mitigating the removal of the natural landscape from the
property of the new development.
Note: Other fees may be found in the City Engineer's
Conditions of Approval.
PP08:14:94 11:40pmA: \CCAPR.MS 10
Architecture
30. Address shall be clearly visible to approaching emergency
vehicles and mounted against a contrasting color. The numbers
shall be a minimum of 6 inches in height and illuminated
during the hours of darkness.(PD)
31. There shall not be any easy exterior access to the roof area,
ie., ladders, trees, high walls, etc.(PD)
32. Roof design and construction shall include a minimum 18 -inch
extension of the parapet wall above the highest point of the
roof.
33. The following shall be depicted on the plot plans and
elevations and shall be approved by the Director of Community
Development:
a. Exterior pedestrian trash receptacles in the walk areas
shall be provided. The elevations and locations of these
receptacles shall be depicted on the plan.
b. The transformer and cross connection water control
devices shall be shown on the plot plan and landscaping
and irrigation plan and screened from street view with
masonry wall or landscaping as approved by the Director
of Community Development.
C. All fences and walls shall be shown on the plot plan and
landscaping and irrigation plan.
d. Common bicycle racks or storage facilities shall be
provided on -site. These facilities shall be shown on the
final plot plan to be reviewed and approved by the
Director of Community Development.
e. All required loading areas and turning radii shall be
depicted on the plot plan. A 45 foot turning radius
shall be provided for loading zones consistent with the
AASHO WB -50 design vehicle.
f. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
g. The location and design of all newsracks, telephone
booths, outdoor seating areas, concessionaire machines
and other outdoor equipment.
34. Prior to issuance of a Zoning Clearance, a lighting plan (for
a exterior lighting) shall be prepared by an electrical
engineer registered in the State of California and submitted
PP08:24:94 12:40pmA:\CCAPR.RES 11
to the Department of Community Development for review and
approval. The lighting plan shall achieve the following
objectives: Avoid interferences 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; provide structures which are
compatible with the total design of the proposed facility and
minimize energy consumption.
The lighting plan shall 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 twenty (25)
feet, unless otherwise approved by the Director of
Community Development.
C. Fixtures must possess sharp cut -off qualities with a
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 devices shall be provided.
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 Director of Community
Development.
g. No light shall be emitted above the 90 degree or
horizontal plane. No direct light source shall be
visible from the street.
h. Lighting devices in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
i. Lighting devices shall be high enough as to prohibit
anyone on the ground from tampering with them unless
tamper proof fixtures are approved by the Director of
Community Development.
j. All parking areas shall be provided with lighting devices
capable of illuminating the parking surface with a
PP08 :24:94 12r90pmA:\CCAPR.RES 12
minimum maintained 1 -foot candle of light and shall be
designed to minimize the spillage of light onto adjacent
properties.
k. All exterior lighting devices shall be protected by
weather and breakage resistent covers.
35. All property line walls shall be no further than one inch from
the property line.
36. No downspouts shall be permitted on the exterior of the
building.
37. 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. Prior to the issuance of a Zoning
Clearance, the final design and materials for the roof screen
and location of any roof mounted equipment must be approved by
the Director of Community Development. All screening shall be
tall enough to block all views of equipment and shall be
maintained during the life of the permit. Construction
material shall match the color and material used in the
construction of the buildings. Colors, materials and building
appendages ( such as mechanical equipment on the roof, etc.) of
the proposed building shall be compatible with the existing
building and adjacent development and non - reflective in
nature.
38. Any outdoor ground level equipment and storage (such as
loading docks, shelter docks, cooling towers, generators,
etc.) shall be screened from view by a masonry wall, the
design of which shall be approved by the Director of Community
Development. The wall shall be constructed of materials and
colors consistent with the main building.
39. All exterior building materials and paint colors shall be
approved by the Director of Community Development to ensure
compatibility with the approved plan.
40. 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.
41. All roof mounted equipment and other noise generation sources
on -site shall be attenuated to 55 dBA at the property line, or
to the ambient noise level at the property line measured at
the time of the occupant request. Prior to the issuance of a
zoning clearance for initial occupancy or any subsequent
occupancy, the Director of Community Development may request
that a noise study be submitted for review and approval which
PP08:11:9411:90pmA:\CCAPR.RES 13
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.
42. The plot plan shall be revised to reflect:
a. Any requirements for right -of -way dedications.
b. All entrance /exit driveways shall be a minimum of 30 feet
in width.
Parking
43. All of the compact parking spaces located along the westerly
portion of the site adjacent to the single family residences
shall be converted to regular 9 X 20 parking spaces.
44. Pullover parking (overhangs) shall be limited to 24 inches
maximum.. No vehicles shall be allowed to encroach onto or
into the required landscape setback along roadways.
45. The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible.
46. All compact parking spaces shall be identified with the word
"compact" stenciled at every space in white lettering with a
letter height of not less than six inches.
47. Prior to issuance of an occupancy permit 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. The striping for open parking spaces shall
be maintained so that it remains clearly visible.
Utilities
48. The applicant agrees not to protest the formation of an
underground utility assessment district.
Rubbish and Recvclina Soace Requirements
49. Prior to issuance of a Zoning Clearance, the Franchise Hauler
Usage Form must be submitted by the Applicant to the Community
Development Department. The Moorpark Municipal Code Section
8.36.080 requires that only the City's franchised or permitted
haulers provide residential, commercial, and temporary drop
box /bin solid waste collection services. The applicant must
specify which franchised hauler is to be contracted for
ongoing or temporary solid waste collection services for this
project. The form is available at the Community Development
PP08 :14:94 12:40pmA: \CCAPR.R &S 14
Department and the form contains a listing of the City's
franchised haulers.
50. Rubbish and recycling disposal areas shall be depicted on the
final construction plans. The number and size of the bins
required, and the space allocation for areas of disposal with
enclosures shall be approved by the Director of Community
Development and the - City employee responsible for
recycling /solid waste management programs. All rubbish bins
shall be designed with a pedestrian access.
a. Rubbish disposal areas shall include adequate, accessible
and convenient areas for collecting and loading
recyclable materials. The dimensions of the recycling
area shall accommodate containers consistent with current
methods of collection in the area in which the project is
located.
b. Adequate number of bins or containers shall be provided
to allow for the collection and loading a recyclable
materials generated by the development. For commercial
(general, office, or retail), space allotment for 2 three
cubic yard bins (107" x 84 or 168" x 53.5 "), or a space
allotment for one 40 cubic yard bin (288" x 120 ") and one
3 cubic yard bin ( 84" x 53.5) . The intended use for this
space is to hold two side -by -side 3 cubic yard containers
(one for refuse, one for recyclables), or one 40 cubic
yard bin for refuse and one 3 cubic yard for recyclables .
C. The design of the refuse disposal areas shall be
compatible in design with the development and the
surrounding area.
d. Disposal areas shall be protected from weather conditions
which might render collected recyclable materials
unmarketable.
e. Driveways or travel aisles shall provide unobstructed
access for collection vehicles and personnel, and provide
the minimum vertical clearance of 30 feet, or other
specified clearance required by the collection methods
and vehicles utilized by the hauler.
f. A sign, approved by the Director of Community
Development, clearly identifying all recycling and solid
waste collection and loading areas, and the materials
accepted therein shall be posted adjacent to all points
of access to the recycling areas.
g. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
maintained as unencumbered, according to fire and other
PP08:11:91 12:90pM :\CCAPR.RBs 15
applicable building and /or public safety laws.
h. Recycling area (s).. shall be located so they are
convenient and adjacent to regular refuse collection
areas.
i. Enclosure. The design of the refuse enclosure shall be
subject to the approval of the Director of Community
Development, prior to the issuance of a zoning clearance.
All rubbish disposal areas shall be screened with a six
foot high, solid wall enclosure with metal gates. The
enclosure shall also include a heavy timber trellis and
vines around the enclosure. Pipe guards shall be
eliminated around typical rubbish bin enclosures.
j. In cases where space for 2 three cubic yard bins is
required (107" x 84 or 168" x 53.511), the opening of any
bin enclosure must be at least 84 inches (the size of a
three cubic yard bin). This requirement applies to the
amount of space exposed when the gate is fully opened.
k. Each ref use \recycling enclosure shall have gates and
should be designed with cane bolts to secure the gates
when in the open position.
1. Space allocation for rubbish and recycling enclosures
shall be designed in a manner that complies with the
equal access requirements of Title 24 of the American
with Disabilities Act.
M. Prior to issuance of an Occupancy Permit, a waste
reduction and recycling plan shall be submitted to the
City of Moorpark Department of Community Development
prior to occupancy of the building. The plan shall
include a designated building manager, who is responsible
for initiating on -site waste materials recycling
programs. This shall include the acquiring of storage
bins for the separation of recycling programs as well as
coordination and maintenance of a curbside pick -up
schedule.
Prior to the issuance of a Building Permit,the following conditions
shall be satisfied
51. Prior to issuance of a building permit an "Unconditional Will
Serve Letter" for water and sewer service will be obtained
from the Ventura County Waterworks District No. 1.
52. Prior to issuance of a building permit the Building and Safety
department shall insure that the construction plans
incorporate the requirements of the Building Security
Specifications of the Moorpark Police Department.(PD)
PP08:24:9412:40pmA: \CCAPR.RBS 16
53. The 8 foot high wall located along the west property line
adjacent to the single family residences shall be completed.
Prior to occupancy, the following conditions shall be satisfied
54. Prior to issuance of an occupancy permit no use for which this
permit is granted shall be commenced 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 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 wit 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.
55. Prior to issuance of an occupancy permit 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.
56. Prior to issuance of an occupancy permit, Ventura County APCD
Air Pollution Control District (APCD) shall review all uses to
ensure compliance with the California Health and Safety Code
(Section 65850.5 et seq.) regarding the use, storage and
disposition of hazardous materials. Final Certificate of
Occupancies shall be withheld until compliance with these
provisions from the Ventura County APCD is provided.
57. Prior to issuance of an occupancy permit to any tenant or
subsequent owner whose business would employ or dispose of
hazardous materials, a Major Modification application shall be
filed with the Department of Community Development and
approved by the City.
58. Prior to issuance of an occupancy permit, the applicant shall
request the City to enforce appropriate vehicle codes on
subject property as permitted by Vehicle Code Section 21107.7.
After issuance of a occupancy permit. the following conditions
shall be satisfied
59. No later than ten (10) 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
PP08:24:91 12:40pmA:\CCAPR.RES 17
person(s) acknowledging and agreeing with all conditions of
this permit.
60. Prior to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for a zoning clearance from the
Community Development Department. The purpose of the zoning
clearance shall be to determine if the proposed uses(s) are
compatible with the zoning and terms and conditions of the
permit.
61. 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 Code Enforcement Officer
within thirty (5) days after notification.
62. No outside storage of any materials or overnight parking of
any semi - trucks or truck trailers beyond the loading zones
shall be-permitted.
63. No repair or maintenance of trucks or any other vehicle shall
occur outside of the industrial building.
64. Loading and unloading operations shall not be conducted
between the hours of 10:00 p.m. and 6:00 a.m. unless approved
by the Director of Community Development.
65. No noxious odors shall be generated from any use on the
subject site.
66. All uses and activities shall be conducted inside the
building(s) unless otherwise authorized by the Director of
Community Development.
67. 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
Director of Community Development.
68. The on -site building manager or designee 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 Air Pollution
Control District (APCD).
69. The on -site building manager or designee will conduct a
routine waste management education program on -site to alert
employees to any new developments or requirements for solid
waste management. This measure shall be coordinated through
the Ventura County Solid Waste Management Department.
PP08:24:94 12:40pmA:\CCAPR.R&S 18
70. 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.(PD)
71. The Shopping Center Tenants Association will provide on -site
private security during hours of operation.(PD)
CITY ENGINEER CONDITIONS
Fees
72. Prior to the issuance of a Zoning Clearance, Parcel Map 4961
shall be recorded. Building construction will thereafter
follow in accordance with these conditions for development of
CPD 89 -1, Major Mod #2. 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 at the time of payment. If previous payment
of this contribution can be demonstrated, to the City's
satisfaction, the requirement will waived.
During construction, the following conditions shall be satisfied
73. If any archaeological or historical finds are uncovered during
excavation operations, all grading or excavation shall cease
in the immediate area, and the find left untouched. The
permittee shall assure the preservation of the site; shall
obtain the services of a qualified paleontologist or
archaeologist, whichever is appropriate to recommend
disposition of the site; and shall obtain the Director of
Community Development's written concurrence of the recommended
disposition before resuming development. The developer shall
be liable for the costs associated with the professional
investigation.
74. 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.
75. 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.
76. Construction equipment shall be fitted with modern sound
reduction equipment. The contractor shall insure proper
maintenance and operation of all construction equipment.
PP08:24:94 12:40pmA:\CCAPR.RBS 19
Direct injection diesel or gasoline powered engines shall be
used if feasible.
77. A 6 -foot high chain link fence shall be constructed around the
construction site or an on -site security guard shall be
provided during non - working hours.
78. During the smog season (May - October) the developer shall
order that construction cease during Stage III alerts to
minimize the number of vehicles and equipment operating, lower
ozone levels and protect equipment operators from excessive
smog levels upon notification by the City. The City, at its
discretion, may also limit construction during a Stage II smog
alert.
79. A regular watering program to reduce dust shall be
implemented. In an effort to reduce water consumption, the
grading contractor shall use reclaimed water for dust control
on site, when available and as approved by the City Engineer.
Water shall be applied to the graded portions of the project
site as determined by the City Engineer. This is estimated to
reduce the amount of dust generated by up to 50 percent.
Cease all clearing, grading, earth moving, or excavation
operations during periods of high wind (i.e. sustained winds
20 mph or greater in one hour).
a. All active portions of construction site shall be watered
sufficiently to prevent excessive amounts of dust. Non -
potable water shall be used if determined feasible by the
Director of Community Development, the City Engineer and
the applicant. Complete coverage watering shall occur at
least twice daily, preferable in the late morning and
after work is done for the day.
b. All trucks importing or exporting fill to or from the
Tract shall use tarpaulins to cover the load.
C. All clearing, grading, earth moving, or
excavation activities shall cease during
periods of high winds greater than 20 miles
per hour (mph) averaged over one hour.
d. All unimproved areas with vehicle traffic shall be
watered periodically and the vehicle speed shall be
limited to 15 mph.
e. Street, private parking adjacent to the area being graded
shall be swept as needed to remove silt which may have
accumulated from construction activities so as to prevent
excessive amounts of dust.
PP08:24:9412:40PmA:\CCAPR.RBS 20
80. Advise, in writing, all employees involved in grading
operations to wear face masks during all periods of grading to
reduce inhalation of dust.which may contain the fungus which
causes the San Joaquin Valley Fever.
81. Applicant shall remove silt, as directed by the City Engineer,
(i.e: fine earth material transported from the site by wind,
vehicular activities, water run -off, etc,) which may have
accumulated from construction activities along the streets or
on private property in the vicinity of the site. Periodically
sweep streets and parking areas, as per the City Engineer in
the vicinity of the site to remove silt (i.e., fine earth
material transported from the site by wind, vehicular
activities, water run -off, etc.) which may have accumulated
from the construction project.
82. Maintain engines for all grading and other construction
equipment in good condition and improper tune as per
manufacturers' specifications.
83. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
84. Soil testing for trench compaction is to be performed on all
trenches for pipe or conduit placement. The interval of
testing shall be less than once every 4 feet of lift and 100
lineal feet of trench excavated.
85. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies. Contaminated and hazardous soil as defined by
Department of Health Services may not be used for on -site soil
fill or roadway sub -grade unless the Department of Health
Services determines in writing that said material has been
treated to a level that is no longer considered a public
health risk or requires public discloser by the Department of
Real Estate. Any contaminated or hazardous soil shall be
removed to be approved landfill.
86. During construction a licensed security guard is recommended
during the construction phase, or a 6 -foot high chain link
fence shall be erected around the construction site.(PD)
87. During construction, equipment, tools, etc., shall be properly
secured during non - working hours.(PD)
PP08:14:94 11:40PM:\CCAPR.RES 21
Prior to acceptance of public imyrovements and bond exoneration.
the following conditions shall be satisfied
88. 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.
COUNTY OF VENTURA ENVIRONMNTAL
HEALTH DEPARTMENT CONDITIONS
89. Prior to issuance of an occupancy permit tenants that produce
hazardous wastes shall obtain a permit from the Ventura County
Environmental Health Department.The storage, handling and
disposal of potentially hazardous materials from future
tenants shall be in compliance with applicable State and local
regulations.
90. Prior to issuance of an occupancy permit the proposed use
shall be approved and approved (in writing) by the Ventura
County Environmental Health Department to ensure that the
proposal will comply with all applicable State and local
regulations related to storage, handling, and disposal of
hazardous materials, and that any required permits have been
obtained. If required by the Environmental Health Department,
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.
91. Prior to the issuance of an occupancy permit to 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.
92. Prior to issuance of an occupancy permit for tenants (new or
changed uses) , a detailed project description questionnaire
should be submitted to the Ventura County Environmental Health
Department for review and approval.
PP08:24:94 12:40pmA: \ccAPR.RES 22
VENTURA COUNTY FIRE_
DEPARTMENT CONDITIONS
The applicant must comply with all Fire Departnment requirements.
VENTURA COUNTY WATERWORKS
DISTRICT NO. 1 CONDITIONS
General requirements
93. 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.
94. Prior to issuance of an occupancy permit the District shall
review the adequacy and level of water service for the
project. Additional facilities, on -site treatment, or other
modifications may be required as a condition of occupancy.
Section 3. The City Council hereby approves PM 4961 with
the following conditions:
DEPARTMENT OF CONCKUNITY DEVELOPMENT CONDITIONS
General Recruirements
1. The conditions of approval of this Tentative Parcel Map and
all provisions of the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies supersede all conflicting
notations, specifications, dimensions, typical sections and
the like which may be shown on said map.
2. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his heirs, assigns, and
successors of the conditions of this Map. A notation which
references approved conditions of approval shall be included
on the Final Map in a format acceptable to the Director of
Community Development.
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. 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.
PP08:24:94 12:40pmA:\CCAPR.RES 2 3
5. 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.
6. This Tentative Parcel Map shall expire three years from the
date of its approval. The Director of Community Development
may, at his discretion, grant up to two (2) additional one (1)
year extensions for map recordation, if there have been no
changes in the adjacent areas and if applicant can document
that he has diligently worked towards map recordation during
the initial period of time. The request for extension of this
entitlement shall be made in writing, at least 30 -days prior
to the expiration date of the permit.
7. As of the date of recordation of final parcel map, the
lots /parcels depicted thereon shall meet the requirements of
the Zoning ordinance and General Plan then applicable to the
property. 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.
B. No asbestos pipe or construction materials shall be used
within this subdivision.
9. 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 employees concerning the subdivision,
which claim, action or proceeding is brought within the time
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:
The City bears its own attorney fees and costs;
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
PP08:24:94 12:40pmA:\CCAPR.RES 2 4
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
10. No Zone Clearance shall be issued for construction until the
final map has been recorded. Prior to the issuance of any
building permit, a zoning clearance shall be obtained from the
Department of Community Development.
11. The subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title
report which clearly states all interested parties and lenders
included within the limits of the subdivision as well as any
easements that affect the subdivision.
Gradinci
12. Prior to issuance of a grading permit, unless otherwise waived
by the Director of Community Development, the subdivider shall
submit to the City of Moorpark for review and approval a Tree
Report /Survey prepared by a qualified arborist, landscape
architect, or other professional specializing in the
morphology and care of trees.
13. Every effort shall be made to use reclaimed water for common
area landscaping irrigation and for dust control of grading
operations. Sufficient proof shall be given to the Director
of Community Development that using reclaimed water id
physically or economically not feasible prior to the
Director's decision to dispose with this condition.
14. All tree replacement, common area landscaping, and erosion
control landscaping shall be installed and receive final
inspection prior to issuance of a Zoning Clearance for the
first building.
15. Temporary irrigation shall be provided for all non permanent
erosion control landscaping until it is replaced with
permanent irrigation. Temporary irrigation must be replaced
with permanent irrigation prior to issuance of a Zoning
Clearance for the first building.
16. Prior to approval of a Final Map, or issuance of a grading
permit whichever comes first, grading plans shall be submitted
to the Director of Community Development and the City Engineer
for review to insure that such plans meet with the intent
expressed in the Subdivider's conceptual grading plans and /or
the Tentative Parcel Map, and to ensure compliance with any
approved Mitigation Monitoring Program.
PP08:24:94 12:40pmA: \CC"R.RSS 25
Utilitv Aaencv Reauirements
17. Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees.
18. Prior to approval of a Final Map, an unconditional
availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for each -
lot. Said letter shall be filed with the Department of
Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained
from the County Waterworks District No. 1, the developer shall
execute a Subdivision Sewer Agreement in a form satisfactory
to the City. Said agreement shall permit deferral of
unconditional guarantee for sewer and water service until
issuance of a building permit for each lot in the subdivision.
Said agreement shall include language holding the City
harmless against damages in the event of the ultimate lack of
adequate water or sewer service.
19. At the time water service connection is made, cross connection
control devices shall be installed on the water system in a
manner approved by the County Waterworks District No. 1.
20. Prior to approval of a final map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed undergrounded to the nearest off -site utility
pole. All existing utilities shall also be undergrounded to
the nearest off -site utility pole with the exception of 66 KVA
or larger power lines.
Fees, Contributions and Deposits
21. Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
22. Prior to approval of the final map, the subdivider shall pay
all outstanding =case processing, environmental documentation
costs, and all City legal service fees and administrative
costs.
PPO8:24:94 12:4OpmA :\CCAPR.RES 26
23. Prior to approval of the final map the applicant shall submit
a fee, paid in accordance with County Ordinance No. 3982
entitled "An Ordinance of the Ventura County Board of
Supervisors Requiring New Subdivision Records to be Included
in the County's Computer -Aided Mapping System and Establishing
Related Fees."
24. Note: other fees are listed under the heading "City Engineer
Department Conditions."
CITY ENGINEER DEPARTMENT CONDITIONS
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
Grading
25. The applicant shall submit to the City for review and
approval; a detailed Geotechnical report by a registered
Civil Engineer. The report shall include a geotechnical
investigation with regard to liquefaction, expansive
soils, seismic safety, and indicate the presence or
absence of any hazardous waste or other contaminates in
the soil.
Review of the 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 administrative costs.
26. The applicant shall submit to the City of Moorpark for review
and approval, a grading plan prepared by a Registered Civil
Engineer; shall obtain a Grading Permit; and shall post
sufficient surety guaranteeing completion. The grading plan
shall incorporate all recommendations of the approved soils
report.
All requests for staged grading must be submitted in
writing to the City Engineer for review and approval by
the City Council.
27. In an effort to reduce noise, the grading plan shall provide
that the 8 ft. masonry wall proposed along the westerly
property line, shall be constructed at the beginning of
grading operations. No grading shall occur on the site until
the wall is completed.
28. An erosion control plan shall be submitted for review and
approval along with the grading plan. The plan shall
include hydroseeding of all graded areas within 60 days
of the completion of grading. All haul routes shall be
PP08:24:94 12:90PmA :\CCAPR.RES 2 7
approved by the City Engineer. On -site haul routes shall
be limited to graded areas only. All import /export in
excess of 1000 CY shall require prior City approval and
issuance of an encroachment permit. All requests for
import /export in excess of 1000 CY shall be made in
writing to the City Engineer.
29. Geometric Improvements and traffic control measures
approved by the City Engineer, or Associated Traffic
Studies must be included on the grading plan.
30. The applicant shall indicate in writing to the City, the
disposition of any water well(s) and 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 Ventura County Division
of Oil and Gas requirements.
31. The applicant shall obtain a permit from the State Water
Resources Control Board for, "All storm water discharges
associated with the construction activity where clearing,
grubbing, and excavation results in land disturbances of,
five or more acres."
32. The Parcel Map shall reflect the revised alignment of
Lassen Ave. and the abandonment of Gisler Ave. A written
notation shall appear on the Parcel Map indicating each
easement to be abandoned. The notation shall reference
the recording data which created the easement and shall
be in accordance with section 66499.20 1/2 of the
Subdivision Map Act.
33. The applicant shall provide for review and approval, a
reciprocal access agreement. The agreement shall allow access
over all portions of the commercial drive area for all parcels
of Parcel Map 4961. It shall also be inclusive of access
between Tract 4757 -1 and shall be signed by the owners of that
property per the conditions of approval for Tract 4757 -1.
Fees
34. The applicant shall execute a covenant running with the
land on behalf of itself and its successors, heirs, and
assigns agreeing to participate in the formation of an
assessment district or other financing technique
including, but not limited to , the payment of traffic
mitigation fees, which the City may implement or adopt,
to fund public street and traffic improvements directly
or indirectly affected by the development. The covenant
is to be approved by the Director of Community
Development and City Attorney.
PP08:24:99 12:40pmA:\CCAPR.REs 28
35. Prior to final map approval, the subdivider shall deposit with
the City of Moorpark a contribution for the City -wide traffic
mitigation fee. The actual deposit shall be the then current
applicable rate.
36. The subdivider shall make a special contribution to the City
representing the subdivider's pro -rata share of the costs of
improvements to the following intersections:
Poindexter Ave. /Moorpark Ave., minimum contribution of
$16,800 Los Angeles Ave. /Gabbert Rd., minimum
contribution of $16,200 Poindexter Ave. /Moorpark Ave.,
minimum contribution of $28,500 Spring Rd. /New Los
Angeles Ave,. minimum contribution of$25,500
The pro -rata share shall be based on the incremental
traffic added by the development of CPD 89 -1, and shall
then be paid to the City, prior to parcel map approval.
Street Improvements
37. The applicant shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; shall enter into an agreement with
the City of Moorpark to complete the improvements; and shall
post sufficient surety guaranteeing the construction of the
improvements. Any right -of -way acquisition necessary to
complete the required improvements will be acquired by the
applicant at his expense. The Agreement shall be prepared by
the City and shall be signed by all parties of interest.
The improvements shall include concrete curb and gutter,
sidewalk, striped bike path, street lights, striping and
signing, paving, traffic control, 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:
Lassen Avenue per Plate B -5A, modified to have 56 feet of
right -of -way to match the existing, previously dedicated
alignment per Tract Map 4757 -1 on the easterly portion of
the project site. Lassen Avenue shall have a 6 -foot
sidewalk and a 4 -foot landscaped area on the south side,
within the 8 -foot parkway area, and a 2 -foot landscape
and pedestrian easement. Lassen Avenue, on the north
side, shall have a 6 -foot sidewalk adjacent to the curb,
and a 2 -foot landscape area within the right -of -way
PP08:24:94 12:40IaA :\CCAPR.RES 2 9
behind the sidewalk. All improvements shall be
constructed and shall be full width including curb,
gutter, sidewalk, driveways, and landscaping.)
38. The applicant shall make an irrevocable offer of
dedication of an additional 9 feet across the frontage of
the project on Los Angeles Avenue. The City may, in the
future, elect to accept this dedication to provide for
construction of additional requirements.
39. The applicant shall be responsible for all maintenance of
the public sidewalks and landscaped parkways on Los
Angeles Avenue and Lassen Avenue. The applicant shall
prepare the agreement for review by the City.
40. The applicant shall agree to provide the necessary public
maintenance easements for the landscaped areas along and
adjacent to Los Angeles Avenue and Lassen Avenue. The
applicant shall also not oppose the formation of a
landscape 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.
41. The applicant shall demonstrate legal access for each
parcel to the satisfaction of the City.
42. The applicant shall have prepared, for review and
approval by the City, a right of way deed for those
portions of Gisler Ave., Liberty Bell Rd., and Lassen
Ave. that will be abandoned to the Redevelopment Agency.
This document shall be executed prior to approval of
Parcel Map 4961.
Storm Drainage
43. 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 a agreement with the City to complete
the improvements and shall post sufficient surety
guaranteeing the construction of the improvements.
The subdivider shall provide for all necessary on -site
and off -site storm drain facilities required by the City
to accommodate upstream and on -site flows. Facilities,
as approved by the City, shall be delineated on the
tentative map and final plans. Either on -site retention
basins or storm water acceptance deeds from off -site
property owners must be specified. These facilities must
also be acceptable to the Ventura County Public Works
Agency.
PP08:24:9412:90pmA:\CCAPR.RES 30
The Hydrology /Hydraulic Report and Drainage Plans shall
address the entire project including the proposed remainder
parcels and shall indicate -the following conditions before and
after development:
Quantities of water, water flow rates, major water courses,
drainage areas and patterns, diversions, collection systems,
flood hazard areas, sumps, sump locations and drainage
courses. Hydrology shall be per the current Ventura County
Standards except as follows:
o all catch basins in sump locations shall
carry a 50 -year frequency storm;
o all catch basins on continuous grade
shall carry a 50 -year storm;
o 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;
o all culverts shall carry a 100 -year
frequency storm;
o drainage facilities shall be provided
such that surface flows are intercepted
and contained prior to entering collector
or secondary roadways;
o 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;
o drainage to adjacent parcels shall not be
increased or concentrated by this development.
o All drainage measures necessary to mitigate
storm water flows shall be provided by the
applicant.
o All drainage grates shall be designed and
constructed with provisions to provide
adequate bicycle safety to the
satisfaction of the City Engineer.
o No flows from a 50 -year storm shall flow
from this project (including the
remainder parcels) onto Los Angeles
Avenue, or to the existing tract (Tract
1240) to the west from this development.
PPO8:24:94 12:4OpmA:\CCAPR.RBS 31
44. The applicant shall demonstrate, by a diagram„ for each
building pad to the satisfaction of the City Engineer as
follows:
o Adequate protection from a 100 -year frequency
storm;
o Feasible access during a 10 year frequency
storm.
Calculations supporting the 10 and 100 year flood contour
limits shall be provided with the diagram.
Utilities
45. The applicant shall pay all energy costs associated with
new street lighting for a period of one year from the
initial energization.
Sewer and Water
46. The applicant shall be required to comply with all
pertinent County of Ventura Public Works Dept. Water &
Sewer connection regulations. These measures shall be
implemented by the County of Ventura Public Works Dept.
(Water Works District No. 1).
47. Common private sewer and water systems serving
individual, commercial or other similar sites under
jurisdiction of the Building Dept., shall be reviewed by
the City subject to the County of Ventura Public Works
standards and as approved by the City Engineer.
Other
48. Prior to final map approval, if any of the improvements which
the subdivider is required to construct or install is to be
constructed or installed upon land in which the subdivider
does not have title or interest sufficient for such purposes,
the subdivider shall do all of the following at least 60 days
prior to the filing of the final or parcel map for approval
pursuant to Governmental Code Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in
writing that the subdivider wishes the City to
acquire an interest in the land which is sufficient
for the purposes as provided in Governmental 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
PP08:24:9412:40pmA:\CCAPR.RBS 32
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 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 subdivider will
pay all of the City's cost (including, without
limitation, attorney's fees and overhead expenses)
of acquiring such an interest in the land.
49. City Ordinance No. 100 and the Federal Emergency
Management Agency (FEMA) require updating the National
Flood Insurance Program Maps for area in which any
alteration of a watercourse or flood prone area is made.
Map revision shall be provided to the City Engineering
office. This material will demonstrate the new 10, 50
100 & 500 year flood plain locations following
development. This information will be forwarded by the
City Engineering office to FEMA for review and updating
of the National Flood Insurance Program Maps. A
conditional letter of map revision (if required by FEMA)
shall be provided to the City prior to any zone
clearance. The applicant will be responsible for all
costs charged by FEMA and the City's administration
costs.
50. For any Final or Parcel Map (containing five or more
parcels) the applicant shall transmit, by certified mail
a copy of the Conditionally approved Tentative Map
together with a copy of section 66436 of the subdivision
Map Act to each public entity or Public Utility that is
an easement holder of record within the proposed
subdivision. Written compliance shall be submitted to
the City Engineers Office prior to map approval.
51. Sufficient surety guaranteeing completion of all improvements
which revert to the City or which require removal (ie.,
temporary debris basins, etc.) shall be provided. The surety
shall remain in place for one year following acceptance of the
improvements by the City Council.
52. Upon recordation of the Parcel Map a copy of the recorded
map shall be transmitted to the City Engineer's office
for filing.
PP08:24:9412:90pmA :\CCAPR.RES 33
Prior to issuance of a grading permit the following conditions
shall be satisfied
53. Prior to any grading operations the applicant shall
obtain a permit from the State Water Resources Control
Board for "All storm water discharges associated with a
construction activity where clearing, grading, and
excavation results in a land disturbance of five or more
acres.
Prior to issuance of a zoning clearance the following conditions
shall be satisfied
54. All grading, drainage, street and other public
improvements shall be installed per the approved plans.
55. The Liberty Bell Rd. /Los Angeles Ave. intersection shall
be re- striped to provide for turn pockets into the
subject commercial area. The design shall be submitted
to the Engineering Department for review and approval and
shall be constructed prior to the first zone clearance
being issued for the project.
During grading or other construction operations, the following
conditions shall be satisfied
56. All construction activities of any kind shall be limited
between the hours of 7:00 a.m. and 7:00 p.m. Monday through
Friday and 9:00 A.M. to 5:00 P.M. Saturday. No work is to be
accomplished on Sunday, pursuant to Ord. #149. 1
57. Construction equipment shall be fitted with modern sound
reduction equipment. The contractor shall insure proper
maintenance and operation of all construction equipment.
Direct injection diesel or gasoline powered engines shall be
used if feasible.
58. A 6 -foot high chain link fence shall be constructed around the
construction site or an on -site security guard shall be
provided during non - working hours.
59. During the smog season (May - October) the developer shall
order that construction cease during Stage III alerts to
minimize the number of vehicles and equipment operating, lower
ozone levels and protect equipment operators from excessive
smog levels upon notification by the City. The City, at its
discretion, may also limit construction during a Stage II smog
alert.
60. A regular watering program to reduce dust shall be
implemented. In an effort to reduce water consumption, the
grading contractor shall use reclaimed water for dust control
PP08:29:94 12:40pmA:\CCAPR.RES 34
on site, when available and as approved by the City Engineer.
Water shall be applied to the graded portions of the project
site a minimum of twice daily or as determined by the City
Engineer. This is estimated to reduce the amount of dust
generated by up to 50 percent.
a. All active portions of construction site shall be watered
sufficiently to prevent excessive amounts of dust. Non -
potable water shall be used if determined feasible by the
Director of Community Development, the City Engineer and
the applicant. Complete coverage watering shall occur at
least twice daily, preferable in the late morning and
after work is done for the day.
b. All material excavation or grading shall be
sufficiently watered to prevent excessive
amounts of dust.
C. All trucks importing or exporting fill to or
from the Tract shall use tarpaulins to cover
the load.
d. All clearing, grading, earth moving, or
excavation activities shall cease during
periods of high winds greater than 20 miles
per hour (mph) averaged over one hour.
e. All unimproved areas with vehicle traffic shall be
watered periodically and the vehicle speed shall be
limited to 15 mph.
g. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized at all times.
61. Advise, in writing, all employees involved in grading
operations to wear face masks during all periods of grading to
reduce inhalation of dust which may contain the fungus which
causes the San Joaquin Valley Fever.
62. Applicant shall remove silt, as directed by the City Engineer,
(ie. fine earth material transported from the site by wind,
vehicular activities, water run -off, etc,) which may have
accumulated from construction activities along the streets or
on private property in the vicinity of the site. Sweep
streets and parking areas, a minimum of twice weekly or as per
the City Engineer in the vicinity of the site to remove silt
which may have accumulated from the construction project.
63. Maintain grading equipment engines in good condition and
improper tune as per manufacturers' specifications.
PP08:24:94 12:40pmA: \CCAPR.RES 35
64. Backf ill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
65. Soil testing for compaction is to be performed on all pipe or
conduit placement. The interval of testing shall be less than
once every 4 feet of lift and 100 lineal feet of pipe or
conduit placed.
66. Where roads requiring four or more inches of pavement are to
be built, the applicant shall construct the required street
section minus one -tenth of a foot of paving as an interim
condition until all utility cuts, trenching and other heavy
construction is completed. The final one -tenth of a foot cap
of asphalt shall be placed after all necessary trenching is
completed.
67. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
California Environmental Protection Agency ( CAREPA) Toxic
Substance Control Section, the fire Department, the Sheriff's
Department, and the City Inspector shall be notified
immediately. Work shall not proceed until clearance has been
issued by all of these agencies. Contaminated or hazardous
soil as defined by CAREPA may not be used for on -site fill or
roadway subgrade unless CAREPA determines in writing, that
said material has been treated to a level that is no longer
considered a public health risk or requires public disclosure
by the Department of Real Estate. Any contaminated or
hazardous soil shall be removed to an approved landfill.
Other
68. Temporary irrigation, hydroseeding and erosion control
measures, if required by the City Engineer, shall be
implemented on all temporary grading. Temporary grading is
defined in this section to be any grading partially completed
and any disturbance of existing natural conditions due to
construction activity. These measures will apply to temporary
grading activity that remains or is anticipated to remain
unfinished or undisturbed in its altered condition for a
period of time greater than sixty days or the beginning if the
rainy season whichever comes first.
69. Prior to first occupancy and as permitted by the vehicle code
section 21107.7, the applicant shall also, at his expense make
application to the City to allow enforcement of appropriate
vehicle codes on publicly dedicated streets, or access ways
until such time as these streets or access ways are accepted
by the City.
PP08:24:99 12:90pmA:\CCAPR.REs 3 6
Prior to acceptance of public improvements and bond
exoneration, the following conditions shall be satisfied
70. All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the approving
authority. Any surety bonds that are in effect three years
after final map approval or after issuance of the first
building permit shall be increased in an amount equal to or
greater than the consumers price index (Los Angeles /Long Beach
SMSA) for a period since original issuance of the surety and
shall be increased in like manner each year thereafter.
71. Original "as- built" plans will be certified by the builder's
3i-iii Znginaer 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- builts" in a
series of 22' by 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.
72. Reproducible centerline sheets shall be submitted to the City
Engineer's office.
73. The subdivider 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.
VENTURA COUNTY CONDITIONS
74. A Flood Control Permit is required for any construction work
within Ventura County Flood Control District right -of -way.
Section 4. The City Council hereby denies Variance No. 94 -1
because the strict application of the zoning regulations as they apply
to the subject property would allow the applicant to make reasonable
use of the property in the manner in which other property of like
character in the same vicinity and zone can be used.
PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF SEPTEMBER, 1994.
Paul W. Lawrason, Jr.
Mayor
ATTEST:
Lillian E. Hare
City Clerk
PP08:29:94 12:40pmA:\CCAPR.RSS 37
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ATTACHMENT 3
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MISSION BELL PLAZA
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Laid Use sa,d Trip Gem ntlon Summary
AM ppAK HOUR
FM FEAK HOUR
DAMY TRIP E14D8 FACTOR VOLUNB
FACTOR
VOLUME
LAND USE Jun AMOUNT
,FAMR VOLUME IP1 OUT IN OUT
IN
OUT
IN
OAT
PHASE 11 (ADOPM)
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520, 4.933 .74 A4 69 41
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147
Zit
231
Restaucaet 16.00 TSF
20.136 3,286 7AS 7.85 126 126
8.78
7A8
140
120
bfedkalOi9ae 9.00 TSF
3417 308 2.07 .62 19 6
122
2.86
11
26
'DOTAL
81527 214 173
382
377
PHASE 11 4PROPOBI)
si,o � tkatre 4&,67 TW
55.142 3,755 .78 A6 54 32
2S8
238
177
177
Rataauant 13.30 TSF
2M36 2.777 783 7.83 106 106
978
7,48
119
l01
Tbatrr 33.00 TSF
77.79 2,723 .10 .11 4
5.77
31
701
13
TOTAL
9,281 164 142
496
291
Hots Trip rue source - TiB' rdp Oenendoa" 5th F.dhkai 1991
t Top rife based on Dail oocmmmxUl pc*d ama
of 218.78 TSF (Includa 123.14 TSF of adrtirg ?hue I oosnmercW develof —t)
t Tdp n t,e based on DjW oomm=W project sbe d 193.83 TSF (lnduda 123.16 TSF of cda ag ?ham I oommencid dcvc(0V =t)
ATTACHMENT 3
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CONCEPTUAL LANDSCAPE PLAN GIVEN TO CITY COUNCIL WITH LARGE.BLUE
LINE EXHIBITS - REDUCED VERSION AS PART OF STAFF REPORT WAS NOT
AVAILABLE
ATTACHMENT 7
RESOLUTION NO. CC -94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA INSTRUCTING THE PLANNING COMMISSION TO CONSIDER CHANGES
TO ARTICLE 8 OF THE ZONING ORDINANCE TO ALLOW NO MORE THAN 15% OF
THE TOTAL REQUIRED PARKING SPACES FOR THEATER USES TO BE COMPACT
PARKING SPACES
Whereas, Section 8115 -1.1. a of Article 15 of Division 8,
Chapter 1 of the Municipal Code provides that the City Council may
initiate proceedings to consider amendments to the Zoning Code by
the adoption of a resolution of intention requesting the Planning
Commission to set the matter for study, public hearing, and
recommendation within a reasonable time; and
Whereas, on September 7, 1994, the City Council directed
the Planning Commission to study, set a public hearing and provide
a recommendation to the City Council pertaining to allowing no more
than 15% of the parking for theaters to be compact parking spaces.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. On September 7, 1994, the City Council
directed the Planning Commission to study, hold a public hearing,
and recommend to the City Council modifications to the City's
Zoning Ordinance relating to allow no more than 15% of the required
parking spaces for theaters to be compact parking spaces in order
to better fit the needs of the City.
SECTION 2. Given that the need to amend the Zoning
Ordinance has arisen due to entitlement application for Major
Modification No. 2 to CPD 89 -1, it shall be the responsibility of
Ventura Pacific Capital Group VI to pay for all processing costs
related to said Ordinance Amendment.
PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF SEPTEMBER, 1994.
Paul W. Lawrason, Jr.
Mayor
ATTEST:
Lillian E. Hare
City Clerk
Attachment 8
PP08:24:94 19:48amA:\PARRING.RES