HomeMy WebLinkAboutAGENDA REPORT 1991 0821 CC REG ITEM 09C ITEM �� C .
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
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MEMORANDUM oortPARIc CALIFORNIA
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TO: The Honorable City Council ACTIO :L�1�
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FROM: Patrick J. Richards, Director of Community Development
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DATE: August 7,1991 (City Council Meeting of August 21,1991) It t•, r' ,,
SUBJECT: CPD 89-1,89-2,TTM 4757-Major Modification#1 to Mission Bell Plaza
Background
The applicant (Ventura Pacific Capital Corporation and Macleod Construction Company) is requesting
approval of a Major Modification to Commercial Planned Development Permit (CPD) 89-1, 89-2 and
Tentative Tract Map TTM 4757 as follows:
1. Commercial Planned Development Permit(CPD 89-1, 89-2)- to construct and operate a 265,940
square foot retail/commercial shopping center.
2. Tentative Tract Map (TTM) 4757 -division of two existing parcels into thirteen parcels of land
(totaling 23.62 net acres). This tract map is in addition to the existing approved land division
map (LDM 89-2, four parcels) approved by the City Council along with CPD 89-1 and 89-2 on
October 17,1990.
As stated in Section 8111-7.1 of the Zoning Code,a major modification is defined as follows:
"Any proposed modification which is considered to be a substantial change in
land use relative to the original permit, and/or would alter the findings
contained in the environmental document prepared for the permit, shall be
deemed a major modification and be acted upon by the decision-making
authority which approved the original permit"
Previous City Council Actions/History:
The City Council certified the original Environmental Impact Report (EIR) and approved the original
project(known as CPD 89-1,89-2 and LDM 89-2)on October 17,1990. The project was approved for a one
year period (expiring October 17, 1991). If the project is not inaugurated (building foundation slab in
place and substantial work in progress) one year after this permit is granted, this permit shall
automatically expire on that date. On March 29, 1991 the applicant submitted an application for a
major modification request for this project to the City. On June 11, 1991, the City deemed the major
modification application complete. A Supplement to the EIR was prepared and circulated for public
review for the revised project in order to evaluate any changes in environmental impacts created by the
proposed project,when compared to the impacts of the original project. The public review and comment
period will remain in effect for 45 days from Monday,July 29;1991 through Wednesday,September 11,
1991. No final action can be taken on the project by the City Council until the Draft EIR review period
has ended.
PAUL W. LAWRASON JR. BERNARDO M. PEREZ SQOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNAK
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
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Discussion
The project site is located on the north side of Los Angeles Avenue,west side of Park Lane,south side of
the Lassen Avenue alignment and east side of Liberty Bell Avenue. This major modification request
includes 23.62 acres(known in the original EIR as the"upper and lower commercial"components). The
original project included: 155,728 square feet of general retail uses,32,500 square feet of restaurants,
38,000 square feet of office,9,000 square feet of senior care/medical office,a 9,000 square foot child care
center,and a 2,300 square foot gasoline station. The revised project currently being proposed includes:
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 a 2,300 square foot gasoline station. The discussion below will
compare the differences and similarities between the impacts for the original and proposed project.
The key areas of environmental change between the proposed and original project scenarios are:air
quality, solid waste and traffic/circulation.
The applicant proposes to subdivide two existing parcels into a total of thirteen lots (including six
freestanding pad-ready lots),grade the site for a 265,940 square foot neighborhood shopping center,
provide improvements to Los Angeles Avenue,construct on-site roadways(Liberty Bell Avenue,Park
Lane and Lassen Avenue),install the necessary on-site utility service infrastructure,and construct a
landscape buffer along the perimeter of the site. The freestanding pad-ready lots would be sold for
development of stores and support facilities.
The project would be constructed in three phases. The eastern-most phase, including the center's main
anchor tenant,would be constructed first and completed in late 1992 or early 1993. The completion dates
of the second and third phases are unknown at this time, though the applicant estimates full operation
of the center to occur in 1995. The applicant's project engineer estimates that the proposed subdivision
and site preparation for phase one, including utilities, would take approximately six months to
complete.
The layout of this proposed project is basically the same as the original project,except for the increased
size of the "footprint" of the major anchor tenants and the removal of the majority of the
office/medical buildings at the north end of the property. Ancillary structures and features that
include the parking lots,location and number of points of ingress/egress and perimeter landscaped areas
will remain basically the same. Therefore, the key differences between the original and the proposed
project are: 1) an increase in the total building square footage for the proposed project by 19,665 square
feet, 2) an increase in total retail building square footage by 65,665 square feet,3) a reduction in the
office/medical building square footage by 47,000 square feet,4)an increase in the size of the two anchor
tenants,5)the addition of one freestanding building pad fronting on Los Angeles Avenue,6)the removal
of the child care center,and 7)a decrease of 162 parking spaces. Architectural elements of the buildings
would remain the same.
is
A. Phasing
Tentative Tract Map (TTM)4757 delineates the phasing plan for the project. The conditions of
approval are designed to accommodate the phasing scheme of the entire project The proposed
project would be constructed in three phases,with full build-out and occupancy not expected to
occur until 1995. Phase one would include: the K-Mart discount store and other general retail
buildings totalling 136,520 sq. ft., 12,000 sq. ft.of restaurants (fast food and sit down)and a 2,300
sq. ft. gas station. Phase two would include: a major anchor tenant and other general retail
buildings totalling 68,520 sq. ft.; a 7,000 sq. ft. sit down restaurant, and a 9,000 sq. ft.
medical/dental office. Phase three would include: 25,900 sq. ft. of general retail buildings and
a 5,000 sq. ft. sit down restaurant. The applicant and the City Engineer have determined that
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the City Engineer's conditions of approval will reflect this phasing proposal when considering
the timing of completion of on-and off-site public improvements. Public improvements such as
utilities, parking, landscaping, drainage, access and traffic control for each phase of
development will be in accordance with the City Engineer's standards, city ordinances and
conditions of approval and will be sufficient to protect the public health, safety and welfare.
B. Air Quality
Ventura County Air Pollution District's (APCD) air quality management plan and guidelines
have changed between the time the original project was submitted and the time the proposed
project was submitted. The most important changes in the current 1989 APCD guidelines include
improved emissions calculations methodology, more stringent emissions thresholds of
significance and associated changes in the way in which impact fees are now calculated.
Impact fees related to emissions, therefore, are typically much higher than they were under
the former 1983 APCD guidelines. The 1983 threshold standard was 13.7 tons/year while the
current 1989 threshold standard is 25 lbs./day(approximately 4.6 tons/year).
Given that the proposed project would generate 2,040 more average daily vehicle trips (ADD
than the original project, additional air pollutants would occur. Long-term project operation
would generate daily vehicular emissions that would exceed APCD criteria for reactive organic
compounds(ROC)and oxides of nitrogen(NOx),and,because they would be long-term in nature,
would be considered significant. Assuming that the proposed project would be in full operation
in 1995, a total of approximately 200.3 lbs./day (36.0 tons per year) of ROC and 302.7 lbs./day
(54.5 tons per year) of NOx would be generated by the project's daily traffic. Because the 25.0
lbs./day standard for ROC and NOx would be exceeded,long-term impacts to air quality would
occur. In addition, carbon monoxide (CO) concentrations were analyzed for local intersections
affected by project-related traffic. The proposed project-related impacts would not exceed
Federal or State ambient air quality standards for CO. Thus, the project-related impacts for
CO are not considered to be individually significant. However, cumulative project-related CO
concentrations, including project mitigation, are projected to exceed State Standards at eight of
the ten intersections Iisted. These impacts are considered to be cumulatively significant.These
same basic findings were also made for the original project, except for the greater amount of
project-generated vehicle pollutants created by the proposed project.
In addition to those measures adopted to mitigate long-term air quality impacts of the original
project,additional measures are proposed,in accordance with the current APCD Guidelines As
a result, the contribution to the off-site Transportation Demand Management Fund (TDM) has
increased from$270,945.66 to$1,795,656.71 for the proposed project.
C. Noise
The original and proposed project would generate unavoidably adverse noise impacts to
surrounding land uses during the site preparation and construction phases but,due to their short-
term nature, these impacts are not considered significant.
Within the project site, an increase in noise would occur near the rear of the main tenant
buildings due to the location and activity of the loading docks. This may adversely affect the
future residences to the north, existing residences to the west and northeast and the Chaparral
Middle School to the northeast. An element of the proposed development plan to remedy this
concern would be the inclusion of 10 foot high block walls next to the rear loading docks in order
to mitigate noise impacts associated with truck deliveries. The original and proposed project-
generated traffic associated with the daily use of the businesses would contribute an addition
of approximately one decibel or less of sound energy to a surrounding noise environment that
currently exceeds state noise standards. This small increase in sound energy would normally not
be perceptible to the average person living near the project site. However,when combined with
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additional traffic due to cumulative growth in the area, however, project-related traffic along
Los Angeles Avenue would contribute to cumulatively significant noise levels that would
adversely and unavoidably affect those homesites found along this roadway.
D. Water
The Ventura County Waterworks District No. 1 can provide the required water,utilizing the
existing infrastructure to the project site,without significant impact to area water supplies or
infrastructure. Due to the City concerns regarding water conservation,the City of Moorpark
Building Code requires ultra low flow plumbing fixtures in all new construction.
The annual water demand projected to be generated during operation of the original and
proposed project has been calculated based on average daily consumption rates for individual
land uses(City of Los Angeles ETR Manual for Private Projects,1975). It has been found that the
proposed project water demand rates would be reduced by 9.9 acre feet/year (AFY) or 13.0%
when compared to the original project demand rates, due to the reduction in office space and
restaurant area, each of which are heavier water users than general retail.
E. Sewer
Implementation of the original project would generate approximately 62,971 gallons of
wastewater per day. By comparison, implementation of the proposed project would generate
approximately 45,379 gallons of wastewater per day. This represents a reduction of 17,592
gallons of wastewater per day (28% reduction) when compared to the original project. This
decrease is attributable to the reduction in professional office and restaurant area, each of
which generate higher amounts of wastewater than retail uses.
The wastewater flow generated by the original project (62,971 gpd) represents approximately
3.5 percent of the Moorpark Wastewater Treatment Facility's current average daily inflow,
approximately 3.1 percent of the plant's current design capacity and 2.1 percent of the
Moorpark Wastewater Treatment Facility's planned design capacity. By comparison, the
reduced wastewater flow generated by the proposed project (45,379 gpd) represents
approximately 3.0 percent of the Moorpark Wastewater Treatment Facility's current average
daily inflow,approximately 2.0 percent of the plant's current design capacity and 1.5 percent of
the Moorpark Wastewater Treatment Facility's planned design capacity. .
The Ventura County Waterworks District No. I would not be significantly impacted by
wastewater flows generated by the original or proposed project itself at this time. However,
due to area-wide growth (cumulative projects), limited available treatment plant capacity is
expected to exist when the proposed project becomes operational (i.e.,during the design year-
1995). At that time, the original or proposed project's contribution of wastewater could
overburden the Moorpark Wastewater Treatment Facility if the current treatment facility is
not expanded prior to project completion.
In order to remedy this situation, the Ventura County Waterworks District No. 1 began
construction in May,1991 on the Moorpark Wastewater Treatment Facility to expand the design
capacity of the plant from the current 2.0 MGD to approximately 3.0 MGD (Pakala, May 31,
1991). The expansion of the plant is expected to be completed by late 1991. This expansion
would sufficiently offset any project and cumulative impacts to the sanitary sewer system.
F. Solid Waste
According to the County of Ventura Solid Waste Management Department, the Simi Valley
Sanitary Landfill currently accepts approximately 1,500 tons of solid waste per day (3 million
lbs.),as it did in 1989 and 1990 at the time of the original project proposal. The landfill has a
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current remaining permitted lifespan of approximately 13 years (Uhlich,June 10, 1991,Ventura
County Planning Department),based on the conditions of approval of Conditional Use Permit
#3142 (Major Modification #2) approved by the Ventura County Board of Supervisors in June,
1989.
The recent passage of a state law (AB 939 - the California Integrated Waste Management Act
of 1989), which reinforces the concern over solid waste reduction, requires all municipalities to
reduce the amount of solid waste entering landfills by 25% by 1995 and 50% by the year 2000.
The lifespan of the Simi Valley Sanitary Landfill and other county landfills could be extended
if the recycling ordinances that each city is required to prepare for the County per AB 939 are
successfully implemented.
The original project would be expected to generate approximately 30,862 pounds of solid waste
per day. This represents approximately 1.0 percent of the Simi Valley Sanitary Landfill's
current daily inflow. This was not considered to be a significant impact on solid waste
management resources in the original Elk However,based on the importance of AB 939 and the
fact that existing landfill space is very limited and new landfills are extremely difficult to
site, any increase in solid waste generation has the potential for a cumulative, significant
impact on the environment. The proposed project would be expected to generate approximately
31,929 pounds of solid waste per day. This represents approximately 1.03 percent of the Simi
Valley Sanitary Landfill's current daily inflow and an increase of 1,067 pounds per day or three
percent, compared to the original project. Therefore, the difference between the original and
proposed project relative to the amount and impact of solid waste generation is minimal.
Nonetheless, the additional solid waste generated by the project has the potential for a
cumulatively significant impact to the regional solid waste management system. The required
implementation of AB 939, project mitigation measures and conditions of approval should
reduce any impacts to a level of insignificance.
G. Traffic/Circulation/Parking
As with the original project, the proposed project includes eleven access driveways all located
in the same general location as the original project, and an internal parking lot with a central
two-way driveway located near the central portion of the site. The location of Liberty Bell
Avenue,Lassen Avenue and Park Lane all remain in the same location. The obvious differences
in the proposed project's traffic and circulation plan is the location of the buildings at the north
end of the site, the placement of parking spaces to the south of the buildings and the change
from 90 degree angle parking spaces to 60 degree angle parking spaces on the west portion of the
parking lot. Several one-way driveways are also now present within the parking lot. These
changes should not create a problem,provided turning and backing radii are of sufficient width
and driver visibility is maintained.
According to the traffic study, the original project would generate a total of approximately
18,320 average daily vehicle trips (ADT) while the proposed project would generate
approximately 20,360 ADT, an increase of 2,040 ADT or 11 percent. The individual and
cumulative impact on the Level of Service(LOS) of several nearby roadways and intersections
by the proposed project remains unavoidably significant,as originally concluded.
Given approved trip distributions (i.e., those trips to the north, south, east and west), and a
two-percent average annual growth in traffic volumes due to background growth,the proposed
project's impact on the studied intersections in 1995 was calculated, and the results are
presented in Appendix B of the Supplemental EIR. As shown below,based on the original and
proposed project's contribution to local traffic volumes,six of the ten studied intersections would
operate with Levels of Service below the City's standard of LOS "C", without improvements.
These intersections are:
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• Los Angeles Avenue and Maureen Lane(LOS E during the PM peak hour).
• Los Angeles Avenue and Liberty Bell Road (LOS D during the AM peak and LOS F
during the PM peak hour).
• Los Angeles Avenue and Park Lane (LOS E during the AM peak and LOS F during the
PM peak hour).
• Los Angeles Avenue and Moorpark Avenue(LOS D during the PM peak hour).
• Los Angeles Avenue and Spring Road(LOS F during the AM and PM peak hours).
• College View and SR 118 Freeway(LOS D during the AM peak hour and LOS E during.,
the PM peak hour).
The traffic study found that even with the recommended road improvements, the original and
proposed project would result in traffic congestion at one intersection (College View/SR 118)
that would exceed the City's threshold of significance in 1995, and would contribute to
cumulative traffic that would significantly affect six local intersections. The original and
proposed project's impact on the City's traffic environment is therefore considered unavoidably
significant.
The traffic study found that, given the project's traffic impacts, the principal access ways to
the project site, including Lassen Avenue, Liberty Bell Avenue, Park Lane and Los Angeles
Avenue would all require modification to provide safe and adequate vehicular access to the
new shopping center. These modifications would include expanded roadway width and lanes,
turning movements and restrictions, acceleration and deceleration lanes,and the installation of
traffic signals at both Liberty Bell Avenue and Park Lane. The rationale for these
improvements is explained in pages 21-23 of the revised traffic study, in Appendix B of the
Supplemental EIR_ In addition, the City's current Draft Circulation Element of the General
Plan proposes that a Class II bike path (painted. strip within the road right-of-way) be
included where Los Angeles Avenue fronts the north side of the site.
The traffic study assumed that the proposed connection of the State Route 118 and State Route
23 Freeways would not be in place until sometime after 1995, which is the estimated project and
cumulative projects buildout year. No in-depth analysis of the possible effects of this
connection was conducted, as it is beyond the scope of the EIR. However, recent traffic data
gathered by Austin-Foust Associates as part of the update of the City's Circulation Element
indicate that any kind of connection between the two freeways with access to Moorpark
College,and/or the extension of Route 23 to the north,and/or a north Route 118 bypass,and/or
a bypass road to connect Route 23 (north) to Route 118 (east) through or behind the Happy
Camp area,would significantly reduce traffic on Los Angeles Avenue,Moorpark Avenue,Spring
road, and High Street. According to the Austin-Foust report, these roadway improvements
could significantly reduce the level of mitigation identified in the traffic study and could
likely reduce or eliminate the unavoidable impacts documented.
The current site plan includes a total of 1,104 parking spaces, while the City's current parking
standards (section 8108-1 of the zoning code) requires a total of 1,180 spaces. The deficient
parking spaces are related to the General Retail uses. The City's former parking standards for
general retail uses in effect for the original project required one space per 300 square feet of
building area, while the current parking standards require one space per 250 square feet. The
current parking standards were adopted by the City Council after the approval of the original
Mission Bell Plaza project. Based on the current parking standards and the fact that the
proposed project is classified by the City as a major modification to the original project, the site
plan should comply with the City's current parking standards and thus, include an additional
76 parking spaces.
In addition,section 8108-1.4(b)of the Zoning Code(parking standards) requires 118 bicycle rack
spaces for the proposed project. The site plan includes some bicycle racks located in front of
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several buildings but should reflect more bike racks in other locations on-site to provide the 118
spaces required.
H. Visual
The architectural elements of the original and proposed project are nearly identical, except
that the proposed project includes wall and door architectural finishes at the rear of the
buildings similar to the theme of the front of the buildings, an improvement from the original..
proposal. Also, the proposed project includes an expanded rear landscape and bermed buffer
area (20 feet compared to 5 feet for the original project) to better screen the visual impacts of
the rear of the proposed buildings. In addition, the City's current zoning ordinance (section
8108-2)requires a minimum of 10% of the overall project lot area to be landscaped. The project's
landscape and irrigation plan reflects this minimum requirement with approximately 10% of
the project site dedicated to landscaping.
I. Environmental Concerns
The Supplemental Environmental Impact Report for the proposed project has determined that the
project could have some adverse, and significant environmental effects, but will not have any
significant effects in this case because feasible mitigation measures have been identified which, if
incorporated into the project, would reduce the identified effects to a level of insignificance. Specific
impacts found to potentially be significant are Air Quality, Light and Glare,
Transportation/Circulation,and Utilities.) These concerns are briefly discussed below.
a. Ventura County has not yet attained the air quality standards set by the federal
government. Thus, any additional air pollutants that could be generated by a project are
considered individually and cumulatively significant. According to the Ventura County APCD,
the proposed project is not consistent with the regional Air Quality Management Plan (AQMP)
because the City's existing population exceeds the population allocation forecast for the year
1991 in the AQMP. Also, the project-generated vehicle emissions of ROC and NOx would
exceed local APCD significance threshold standards. However, payment of the off-site TDM
fee is considered sufficient mitigation of this impact for the project-generated ROC and NOx
emissions. In addition, implementation of the proposed project would result in significant
cumulative, long-term impacts to the local and regional air environment since several
intersections impacted by project-related traffic would exceed state and federal standards for
carbon monoxide (CO) concentrations. Mitigation measures are offered as part of this
Supplemental EIR are capable of fully mitigating the significant long-term individual
impacts, but cannot fully mitigate the cumulative impacts to the local and regional air
environment in relation to the CO concentrations at local intersections. Therefore, in order to
approve this project,the City Council must adopt a statement of overriding considerations for
unavoidable and significant air quality impacts relative to the cumulative CO concentrations
and City-wide exceedance of the AQMP population forecast
b. The original and proposed project-generated traffic associated with the daily use of
the businesses would contribute an addition of approximately one decibel or less of sound energy
to a surrounding noise environment that currently exceeds state noise standards. This small
increase in sound energy would normally not be perceptible to the average person living near the
project site. When combined with additional traffic due to cumulative growth in the area,
however, project-related traffic along Los Angeles Avenue would contribute to cumulatively
significant noise levels that would adversely and unavoidably affect those homesites and
visitors found along this roadway. In order to approve this project,the City Council must adopt
a statement of overriding considerations for the project's contribution to unavoidably significant
cumulative noise impacts.
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c. Any incremental increase in the transfer of solid wastes to the landfill can have a
potentially significant cumulative environmental impact, since landfill space is so limited and
difficult to expand_ The generation of solid waste by the proposed project would, therefore,
contribute to a potentially significant cumulative impact on the Simi Valley Sanitary Landfill
and other County landfill sites. Implementation of mitigation measures, such as an on-site
waste reduction program including trash compaction and recycling to reduce the volume and
tonnage of solid wastes that would be transferred to this landfill, are therefore recommended.
This, combined with the County-wide implementation of AB 939, are expected to reduce the.
proposed project's impacts on solid waste management resources below a level of significance.
d. With recommended roadway improvements for the project, the proposed project would
still result in project-related impacts on traffic and circulation at one local intersection (College
View/SR 118) and cumulative impacts at six local intersections (projected 1995 traffic levels).
The mitigation measures for project-specific impacts (in the form of road widening and lane
restriping), along with the regional improvements proposed by Caltrans for the connection of
State Highways 23 and 118 (assumed to occur in 1995), could reduce these significant impacts.
No in-depth analysis of the possible effects of the freeway connection was conducted. Recent
traffic data gathered by Austin-Foust Associates as part of the update of the City's Circulation
Element indicate that any kind of connection between the two freeways with access to
Moorpark College, and/or the extension of Route 23 to the north, and/or a north Route 118
bypass,and/or a bypass road to connect Route 23 (north) to Route 118 (east) through or behind
the Happy Camp area, would significantly reduce traffic on Los Angeles Avenue, Moorpark
Avenue,Spring road,and High Street. . In order to approve this project,the City Council must
adopt a statement of overriding considerations for the project's contribution to individual and
cumulative traffic impacts.
J. Findings
If , following the end of the Draft EIR review period, the City Council chooses to approve the Major
Modification and Tentative Tract Map, the following findings may be used:
CEQA:
A. Adequecy of Supplemental EIR
The City Council has reviewed and considered the Draft Supplemental EIR and finds the information
as complete and adequate, and that the environmental effects discussed in the Draft FIR prepared for
Commercial Planned Development Permits CPD 89-1 and 2 and TTM 4757 adequately cover the impacts
of the subject project pursuant to Section 15163 (Supplement to an FIR) of the California Environmental
Quality Act Guidelines.
B. Findings of Fact and Statement of Overriding Considerations
This information is premature at this time since the CEQA-required 45 day public review period for the
environmental document has not expired. This information, relative to unavoidable significant impacts
pursuant to sections 15091 and 15093 of the CEQA Guidelines, will be presented in full to the City
Council once the 45 day review period has ended.
Subdivision Map Act Compliance: Based upon the information set forth above, it is determined that
the subject Tentative Tract Map 4757 meets the requirements of California Government Code (The
Subdivision Map Act)Sections 66410-66499.58 et seq.,as follows:
- The proposed map is consistent with the applicable general and specific plans;
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- The design and improvements of the proposed subdivision are generally consistent with the
applicable and general specific plans;
- The site is physically suitable for the type of development proposed;
- The site is physically suitable for the proposed density of development;
- The design of the subdivision and the proposed improvements are not likely to cause substantial
environmental damage that have not been disclosed in the Draft Supplemental EIR;
- The design of the subdivision and the type of improvements are not likely to cause serious
public health problems;
- The design of the subdivision and the type of improvements would not conflict with easements,
acquired by the public at large, for access through or use of property within the proposed
subdivision.
- There would be no discharge of waste from the proposed subdivision into an existing community
sewer system in violation of existing water quality control requirements under Water Code
Section 13000 et seq.;and
- The proposed subdivision does not contain or front upon any public waterway, river, stream,
coastline, shoreline, lake or reservoir.
• ,, ,, ' t , . r -v- ' . ui t • - y.,'., • -:'- ►, .'• 11 • _ , Based upon the
information set forth above, it is determined that this application, with the attached conditions,
meets the requirements of the City of Moorpark Ordinance Code Section 8163-3 in that:
- The proposed major modification would be compatible with the existing and future uses within
the zone and the general area in which the proposed use is located;
- The proposed major modification would not be obnoxious or harmful to the adjacent properties;
- The proposed major modification would not impair the integrity and character of the zone in
which it was located;
- The proposed major modification would not be detrimental to the public interest health, safety,
convenience,or welfare.
Recommendations
1. Accept public testimony on the proposed project and Draft Supplemental EIR. Continue the
hearing until the City Council meeting of Sept. 18, 1991. This will give staff sufficient time to
respond to the public and agency comments received at the August 21,1991 City Council meeting
and during the 45 day draft EIR review period and finalize the conditions of approval.
2. That the City council direct staff to prepare the necessary resolutions of approval should the
Council desire to take final action on September 18,1991.
3 Other Options Available to the City Council
A. Send the Major Modification request back to the Planning Commission for a
recommendation.
B. Require changes to the Major Modification request.
C. Deny the request, with or without prejudice.
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Exhibits:
1. Exhibit A: CPD 89-1,89-2 Conditions of Approval
2. Exhibit B: TIM 4757 Conditions of Approval
3. Exhibit 1: Site Plan
4. Exhibit 2: Building Elevations
5. Exhibit TM 4757,nrainage and Grading Plan{
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EXHIBIT A
CPD 89-1 AND 89-2 -MAJOR MODIFICATION#1
CONDITIONS OF APPROVAL
AUGUST 21,1991
"Note: Wording in italics represents original language to be changed, wording in bold and underline
represents new proposed language.
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS
1. The permit is granted for the land and major modification to the original project (original
project approved October 17.1990)as shown on the final plot plans and elevations approved by
the City Council on September 18.1991. The location and design of all site improvements shall
be as shown on the approved plot and elevations except or unless indicated otherwise herein.
2. The development is subject to all applicable regulations of the CPD Zone and all agencies of the
State,Ventura County, the City of Moorpark and any other governmental entities.
3. Unless the project is inaugurated (building foundation slab in place and substantial work in
progress) not later than one year after this permit is granted, this permit shall automatically
expire on that date. The Director of Community Development may, at his discretion, grant up
to one(1)additional year extension for project inauguration if there have been no changes in the
adjacent areas and if applicant can document that he has diligently worked towards
inauguration of the project during the initial one-year period.
4. All facilities and uses other than those specifically requested in the application are
prohibited unless a modification application has been approved by the City of Moorpark. Any
minor changes to this permit shall require the submittal of an application for a minor
modification and any major changes to this permit shall require the submittal of a major
modification as determined by the Director of Community Development.
5. The design, maintenance, and operation of the permit area and facilities thereon shall comply
with all applicable requirements and enactments of Federal, State, County, and City
authorities,and all such requirements and enactments shall,by reference,become conditions of
this permit.
6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation
of law or any unlawful rules or regulations or orders of an authorized governmental agency. In
instances where more than one set of rules apply, the stricter ones shall take precedence.
7. If any of the conditions or limitations of this permit are held to invalid, that holding shall not
invalidate any of the remaining conditions or limitations set forth.
8. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole
expense,any action brought against the City because of issuance(or renewal)of this permit or in
the alternative to relinquish this permit. Permittee will reimburse the City of any court costs
and /or attorney's fees which the City may be required by court to pay as a result of any such
action. The City, may, as its sole discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his obligations under this condition.
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9. Prior to submission of construction plans for plan check or initiation of any construction activity,
a zoning clearance shall be obtained from the Department of Community Development.
Applicant may submit building construction plans to Department of Building and Safety with a
City approved Hold Harmless Agreement.
10. This Major Modification#1.to the Commercial Planned Development Permit shall expire when
the use for which it is granted is discontinued for a period of 180 or more consecutive days.
11. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of
the subject building, or the owner's representative shall apply for a Zoning Clearance from the
Department of Community Development.
12. The Director of Community Development, or his designee, shall have the authority to
conditionally approve or deny a Zoning Clearance request for tenant occupancy consistent with
Article 45 of the Zoning Code. The cost of the Zoning Clearance shall be borne by the applicant
for tenant occupancy.
13. The permittee's acceptance of this permit and/or commencement of construction and/or
operations under this permit shall be deemed acceptance of all conditions of this permit.
14. If any archaeological or historical artifacts are uncovered during excavation operations the
permittee shall assure the preservation of the site, shall obtain the services of a qualified
archaeologist to recommend proper disposition of the site, and shall obtain the Director of
Community Development's written concurrence of the recommended disposition before resuming
development. Should human burial remains be encountered during any grading or excavation
activities, the permittee shall cease operation and shall notify in writing the Community
Development Department staff. Following notification, the permittee shall obtain the
services of a qualified archaeological consultant and Native American Monitor(s) who shall
assess the situation and recommend proper disposition of the site as approved by the Director of
Community Development.
15. No later than ten (10) days after change of ownership or lessee of this property, the Director of
Community Development shall be notified, in writing, of the new owner or lessee. The same
letter shall state that the new owner or lessee has read all conditions pertaining to this Permit
and agrees with said conditions.
16. Within two days after approval of the project by the City Council. the applicant shall deposit
with the City a check for 5850.00 plus a 525.00 filing fee made payable to the County of
Ventura. This fee is for the State Department of Fish and Game required Notice of
q' '. . •, •. . . : . . .. . . . . I - q . 1 : • • .1 ' 1 : I
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protection of statewide fish and wildlife trust resources
17. DELETE Approval of the upper commercial project (north of the landscape buffer) is for the
general footprint and types of land uses only. Approval of parking, setbacks, landscaping,
elevations and additional land uses shall require the filing of a major modification to CPD 89-1
and 2.
18. Any appropriate conditions for Tentative Tract Map 4757 that are applicable to the
Commercial Planned Development Permit (Major Modification) shall be incorporated by
reference in the conditions of approval for CPD 89-1, 89-2 (Major Modification).
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PRIOR TO ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
19. Prior to issuance of a Zoning Clearance, a comprehensive sign program for the shopping center
shall be submitted to the Department of Community Development. The sign program shall be
designed to provide a uniform sign arrangement and design. Only individual channel letters
shall be allowed. No lighted window signs will be allowed. The sign program shall be
approved by the Director of Community Development or his designee prior to the issuance of a
Zoning Clearance. All new lessees shall conform to the approved sign program and be required
to obtain a sign permit from the Community Development Department. Monument signs shall be
limited to Los Angeles Avenue, Park Lane, and Liberty Bell Avenue and shall be externally
lighted.
20. Prior to issuance of a Zoning Clearance, a Surety Performance Bond in the amount of $10,000
shall be filed and accepted by the Director of Community Development. The Director of
Community Development may, through a public hearing to be heard before the City Council,
recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance
of the conditions of approval, orfor some other just cause. This condition shall automatically be
superseded by a related resolution or ordinance regarding condition compliance for entitlement
approvals as adopted by the City Council.
21. Prior to the issuance of a Zoning Clearance, the applicant shall pay all outstanding case
processing (planning and engineering), environmental impact report preparation costs, and all
City legal service fees be paid for the Major Modification #1 to CPD 89-1 and 89-2 and ITM
4757.
22. Prior to the issuance of a Zoning Clearance, the applicant shall deposit fees pursuant to City
Resolution No.89-605 for condition compliance review.
23. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating
awareness and understanding of all permit conditions, and shall agree to abide by these
conditions.
24. Exterior pedestrian trash receptacles in the walk areas shall be provided. The elevations of
these receptacles shall be depicted on the plan and shall be approved by the Director of
Community Development or his designee.
25. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional
one-half foot of width must be provided for parking spaces located adjacent to a wall. If the
project is constructed in three phases as proposed. the parking lot for that phase shall be
designed and constructed to City Engineering and Zoning Code standards as approved_by the
Director of Community Development and include the required number of parking spaces for the
building square footage and uses proposed within each phase,prior to issuance oLoccupancy of
any tenant spaces. Required access to all parking spaces shall be approved by both the City
Engineer and Director of Community Development.
26. The existing plans shall be revised by the applicant and approved by the Director of
Community Development. The following revisions shall be made:
a. Only one driveway from Los Angeles Avenue shall be permitted.
b. The proposed tower sign shall be eliminated.
c. A 20 foot landscape setback (not including the public right-of-way) shall be provided along
Los Angeles Avenue, Liberty Bell Avenue, Park Lane and Lassen Avenue which shall
, , . . , , ; I • 0 , ' 1 • . . 1 . . 1 * 1 S 1 55 15 1
Development.
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d. Trash areas and recycling bins shall be depicted on the construction plans, the size of which
shall be approved by the Director of Community and City employee responsible for recycle
/solid waste management programs.
27. The final construction working drawings shall be submitted to the Director of Community
Development.
28. Complete landscape plans (3 sets), together with specifications and a maintenance program
shall be prepared by a State Licensed Landscape Architect, generally in accordance with
Ventura County Guide to Landscape Plans and in compliance with City of Moorpark Ordinance
No. 74,and shall be submitted to the Director of Community Development. The final landscape
plans shall be in substantial conformance to the conceptual landscape plan review and final
installation inspection. The landscaping, planting and walls/wrought iron fence plan
submitted for review and approval shall be accompanied by a deposit as specified by the City
of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape
plan check and inspection fees. .■ , . . ,
'. IJ, " . , . 1'( 145 . , nn ,'. I 46 ' , . , . • . . i. U ' ' . , . ,. r . . , r
o a y tenant spaces• MI other areas that are graded but not developed shall be seeded to
teduce_iatheraSIgn__and_slusta All landscaping, planting, wall and fence design shall be
accomplished and approved by the Director of Community Development,or his designee, prior
to the approval of occupancy. The project plans shall include the following:
a. A 50 percent shade coverage shall be provided within all parking areas. Shade coverage is
described as the maximum mid-day shaded area defined by a selected specimen tree at 50
percent maturity.
b. Any turf plantings associated with this project shall be drought tolerant, low-water using
varieties.
c. Landscaping at site entrances and exits and at any intersection within the parking lot shall
not block or screen the view of seated driver from another moving vehicle or pedestrian.
d. Plantings in and adjacent to parking areas shall be contained within raised planters
surrounded by six-inch high concrete curbs.
e. Landscaping shall be designed so as to not obstruct the view of any exterior door or window
from the street.
f. Landscaping (trees) shall not be placed directly under any overhead lighting which could
cause a loss of light at ground level.
g. Earthen berms and shrub planting shall be provided to screen view of parked vehicles from
access roads.
h. Landscaping shall be used to screen views of any backflow preventers.
i. The emergency access easement area between Sierra Avenue and Liberty Bell Road shall be
landscaped to the satisfaction of the Director of Community Development. This easement
shall be located directly adjacent to the public right-of-way.
29. Prior to issuance for a Zoning Clearance, the transformer and cross connection water control
devices shall be shown on the plot plan and shall be screened with landscaping or a wall.
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30. Roof design and construction shall include a minimum 18-inch extension of the parapet wall
above the highest point of the roof.
31. All roof mounted equipment (vents,stacks,blowers,air conditioning equipment, etc.) that may
extend above any parapet wall shall be enclosed on all four sides by view obscuring material of
similar color and material used in the construction of all buildings. Prior to issuance of a zoning
clearance, the final design and materials for the roof screen and location of any roof mounted
equipment shall be shown on the plot plan and must be approved by the Director of Community
Development. All screening shall be maintained during the life of the permit.
32. All trash disposal areas shall be provided in a location which will not interfere with
circulation, parking, or access to the building and shall be screened with a six foot high, solid
wall enclosure with metal gates. The final design of the trash enclosure shall be subject to the
approval of the Director of Community Development prior to the issuance of a zoning clearance.
Pipe guards shall be eliminated around typical trash enclosures. Trash area shall provide for
recycle bins as approved by the City.
33. Pullover parking (overhangs) shall be limited to 24 inches maximum. No vehicles shall be
allowed to encroach onto walkways or into the required landscaped setbacks along roadways.
34. A 45 foot turning radius shall be provided for the loading zone consistent with the AASHO
WB-50 design vehicle. Prior to issuance of a zoning clearance, the applicant shall identify the
required truck radius on a copy of the site plan.
35. The applicant shall provide a minimum of 25 feet from the entry doorway of a major tenant to a
travel lane.
36. The applicant shall provide a main entry which does not allow parking stalls to back out into a
main travel lane.
37. All property line walls shall be no further than one inch from any property line.
38. The buildings shall be constructed employing energy-saving devices. These shall include those
devices required by California Administrative Code,Title 24.
39. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered
in the State of California and submitted to the Department of Community Development for
review and approval. The lighting plan shall achieve the following objectives: Avoid
interference with reasonable use of adjoining properties; minimize on-site and off-site glare;
provide adequate on-site lighting; limit electroliers height to avoid excessive illumination;
and provide structures which are compatible with the total design of the proposed facility.
The lighting plan should include the following:
a. A photometric plan showing a point-by-point foot candle layout to extend a minimum of
twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid
center. Down lighting and accent landscape and building lighting shall be employed
throughout the project.
b. Maximum overall height of fixtures shall be fourteen (14) feet or as otherwise approved by
the Community Development Director.
c. Fixtures must possess sharp cut-off qualities with maximum of one foot candle illumination
at property lines.
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d. There shall be no more than a seven-to-one (7:1) ratio of level of illumination shown
(maximum-to-minimum ratio between lighting standards).
e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent
properties.
f. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle
average,or as otherwise approved by the Community Development Director. No over-lighting
of the center shall occur.
g. No light shall be emitted above the 90 degree or horizontal plane.
h. Light standards in the parking lot shall be shielded and directed downward to avoid light
and glare on neighboring properties.
40. A utility room with common access to house all meters and the roof ladder shall be provided.
No exterior access ladder of any kind shall be permitted.
41. No downspouts shall be permitted on exterior of the building.
42. All exterior building materials and paint colors shall be approved by the Director of the
Community Development Department to ensure compatibility with adjacent development.
43. All exterior newspaper racks shall be painted dark brown in color and shall meet all other
criteria identified in the Zoning Ordinance.
44. No asbestos pipe or construction materials shall be used without prior approval of the City
Council.
45. The applicant shall record a covenant agreeing not to protest the formation of an underground
utility assessment district.
46. All existing and proposed utilities are required to be undergrounded to the nearest off-site
utility pole except through transmission lines. This requirement for undergrounding includes all
above ground power poles on the project site and those along the frontage of the site in the
Caltrans right-of-way. Prior to the issuance of a zoning clearance, the applicant shall submit a
plan for review and approval to the Director of Community Development which identifies how
compliance with the undergrounding requirement will be met.
47. If skylights are proposed, the specific type and model must be approved by the Director of
Community Development to ensure that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
48. In recognition of the need for public street and traffic improvements to meet the demand
generated by cumulative development in the City, the applicant shall, prior to issuance of a
zoning clearance,execute a covenant running with the land on behalf of itself and its successors,
heirs, and assigns agreeing to participate in the formation of and be subject to any assessment
district or other financing technique including but not limited to the payment of traffic
mitigation fees, to provide funds for such improvements, should such a mechanism be
established by the City.
49. The applicant shall contribute to the City of Moorpark an amount of$.25 per square foot of gross
Floor area to support the City's current and future park system.
6
50. The applicant shall contribute to the City of Moorpark's Art in Public Places fund,an amount of
$10 per each 100 square feet of building floor area.
51. The applicant shall make a one-time monetary contribution of$270,945.00 $1 795 656.71.to the
City's Traffic Management System Fund consistent with the "buy downs" calculations given in
the Environmental Impact Report, and shall make an additional contribution of $100,000.00 as
agreed to by the applicant consistent with their agreement at the City Council public hearing
of October I7, 1990. Any additional square footage proposed for the project site must also pay
the applicable APCD buydown rate. The City of Moorpark shall determine the liming of
/H - 1 1 . 1 1 1• . i 1 a 1 1 1 1.1 . 1
52. Prior to the issuance of a zoning clearance for tenant occupancy, the proposed use shall be
reviewed and approved by the Ventura County Environmental Health Division to ensure that
the proposal will comply with all applicable State and local regulations related to storage,
handling, and disposal of potentially hazardous materials, and that any required permits
have been obtained. If required by the County Environmental Health Division, the applicant
shall prepare a hazardous waste minimization plan, and shall obtain a Hazardous Waste
Generator Permit if required. A copy of all Hazardous Waste Generator Permits shall be
forwarded to the City of Moorpark Department of Community Development by certified mail
to be placed in the project file.
53. All roof top mechanical equipment and other noise generation sources shall be attenuated to 55
dB(A) at the property line, or to the ambient noise level at the property line measured at the
time of the occupancy request. Prior to the issuance of a zoning clearance for initial occupancy or
any subsequent tenant occupancy or any subsequent tenant occupancy, Director of Community
Development may request that a noise study be submitted for review and approval which
demonstrates that all on-site noise generation sources would be mitigated to the required level.
The noise study must be prepared by a licensed acoustical engineer in accordance with accepted
engineering standards.
54. To encourage employees to use alternative means of transportation to reduce automobile trips,
common bicycle storage facilities shall be provided in accordance with Section 8108-1.4(b) of
the Zoning Code(parking standards). Proposed bicycle storage areas shall be clear depicted
on the final site plan and reviewed and approved by the Director of Community Development
prior to issuance of a zoning clearance. If the project is constructed in three phases as proposed,
. 1'- '4 1 •_•1 . . . 11 D. ' r1 1 11111 4.111 • 1 . 11 ' 1 • 11 .1 4 C1 ..4' 0 1 . 11 . '•
. . .1 ' . . . 1 ' . ' 1 1 1 • . . 1 01 • 4 • ' 0404 ' • 1 1 . 1 . 1
prior to issuance of occupancy of any tenant spaces according to the City's Zoning('ode,
55. If any archaeological or historic finds are uncovered during excavation operations, the
permittee shall assure the preservation of the site; shall obtain the services of a qualified
archaeologist to recommend disposition of the site;and shall obtain the Director of Community
Development's written concurrence of the recommended disposition before resuming
development.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
56. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from
Ventura County Waterworks District No. 1.
57. The applicant shall pay all school assessment fees levied by the Moorpark Unified School
District.
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PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
58. . • , . . . - . , , ',' '. , . . , I . . ' . .a'a •• I - • a . , . - ► . . . . 1 ' . , .
a zoning clearance. The area of the upper commercial, north of the proposed landscape buffer,
shown on the_approved landscape and irrigation plan shall be landscaped prior to the issuance
of a certificate of occupancy of this permit. A landscape plan shall be submitted for this area in
conjunction with landscape plans for CPD-89-1 and 2. If the project is constructed in three
. 1 . . • i III ' Si , • . 5 • . . • . a . - . - - 5 a 1 • • 1 • 1 . 5 - * • . . -5 . , .
approved according_to City Engineer and Community Development Department requirements,
prior to issuance of occupancy of any tenant spaces. All other areas that are graded but not
developed shall be seeded to reduce soil erosion and dust as approved by the Director of
Community Development and City Engineer.
59. 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.
60. The landscape architect shall certify in writing that the landscape and irrigation system was
installed in accordance with the approved Landscape and Irrigation Plans.
61. No use for which this permit is granted shall commence use until a Certificate of Occupancy has
been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may
be issued until all on-site improvements specified in this permit have been completed or the
applicant has provided some form of financial security to guarantee the agreement such as a
Faithful Performance Bond. Said on-site improvements shall be completed within 120 days of
issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision
of this agreement, the City Council may by resolution declare the surety forfeited. Upon
completion of the required improvements to the satisfaction of the Director of Community
Development, the surety may be exonerated by action of the Director of Community
Development.
62. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of
the subject building, or the owners representative, shall apply for a zoning clearance from the
Community Development Department.
63. . 1 * till I . . • . . , • , . '1 a . • . . , - $ * II * • .66 a . 11 . . , .
or other site improvements such as perimeter walls.including stucco treatment.landscaping..
fences, slope planting or other landscape improyements 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 Iesolution. 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 belcept in full effect for one year after
the last occupancy to guarantee that items such as perimeter tract walls (including stucco
treatment),landscaping,fences,slope planting or other landscape improvements not related to
grading. private recreational facilities, etc. are maintained.
64. 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.
8
6
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the Planned Development is required, in which case all applicable fees and procedures shall
apply.
78. All exterior eating and seating areas shall be accomplished with the approval of a minor
modification approval process.
79. No shopping carts or merchandise shall be stored in any pedestrian walkway areas including
the exterior area in front of the proposed major market. The location of the shopping cart
storage area for shopping carts shall be clearly depicted on the final site plan with the
location approved by the Director of Community Development, A sidewalk sale shall require
Community Development Department approval of a temporary use permit.
CITY ENGINEER'S CONDITIONS
PRIOR TO ZONE CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE SATISP1t i):
80. a. Developers of CPD 89-1 and 89-2 shall be allowed to file and record a lot line
adjustment in accordance with Section 66412(d), Subdivision Map Act,California Government
Code, to separate Phase I (CPD 89-2, Tract 4757-1) without the recordation of LDM-89-2
(Macleod). Physical development and recordation of parcels will thereafter follow in
accordance with approved conditions for phased development of CPD 89-1,CPD 89-2 amd Tract
4757.
b. Prior to first building permit, the applicant shall deposit with the City a contribution
for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current
Los Angeles Avenue Area of Contribution rate.
81. The applicant shall submit to the City for review and approval, a grading plan prepared by a
registered civil engineer; shall obtain a grading permit; and shall post sufficient surety
guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizontal:vertical).
At the applicant's request, a staged grading plan can be submitted to the City Engineer for
review and approval.
An erosion control plan shall be submitted for review and approval if any grading is to occur
between October 15 and April 15. Along with erosion control measures, hydroseeding of all
graded slopes shall be required within 60 days of completion of grading. All haul routes shall
be approved by the City Engineer. On-site haul routes shall be limited to graded areas only.
82. The applicant shall submit to the City for review and approval, a detailed soils and
geotechnical report prepared by a civil engineer and a geotechnical engineer registered with
the State of California. The report shall include a geotechnical investigation with regard to
liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the
recommendation of the approved soils report.
Review of the soils and geotechnical report by the City's geotechnical consultant may be
required by the City Engineer. If so, the applicant shall reimburse the City for all costs
including the City's administa live costs.
83. The applicant shall submit to the City for review and approval, street improvement plans
prepared by a registered civil engineer; shall enter into an agreement with the City to complete
the improvements; and shall post sufficient surety guaranteeing the construction of the
improvements. Any necessary right-of-way acquisition necessary to complete the required
improvements will be acquired by the applicant at their expense.
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The improvements shall include concrete curb and gutter, sidewalk, striped bike path, street
lights, traffic signals, striping and signing, traffic control, paving, and any necessary
transitions to the satisfaction of the City Engineer. Ali driveway locations shall be approved
by the City Engineer and the Director of Community Development. The applicable Ventura
County Road Standard Plates are as follows:
a. Los Angeles Avenue per Plate B-2A, modified north of centerline to have 59 feet of
right-of-way, 51 foot pavement width and a 6 foot sidewalk. The sidewalk shall be located
within the iandscaped area in a pedestrian easement as necessary. Applicant shall construct
improvements north of the centerline across the frontage of the project in accordance with
Figure 1.
Applicant shall also construct sufficient roadway widening along the south side to permit
restriping for a westbound auxiliary lane across the entire frontage of the project,as well as a 12
foot wide eastbound right turn pocket providing a minimum of 150 feet of storage at Liberty Bell
Road (see Figure 1). All Los Angeles Avenue improvements shall be shown first on preliminary
plans which shall be submitted to the City for review and approval, after which they will be
submitted to Caltrans for review and approval. If Caltrans will not approve the preliminary
plans, the preliminary plans shall be returned to City Council for consideration of alternative
improvements.
Any direct expenses incurred by the applicant relating to the right-of-way acquisition along
the south side of Los Angeles Avenue shall be reimbursed by the future developer(s) of the
property located along the south side of Los Angeles Avenue. The City will enter into an
agreement with the applicant agreeing to condition the future developer of the property along
the south side of Los Angeles Avenue to reimburse the applicant to the extent legally
enforceable. The applicant shall pay all legal costs, including but not limited to, attorney fees
and administrative costs incurred by the City to impose and/or enforce said agreement. The
agreement will be prepared by the City Attorney, subject to review by the applicant. The
applicant shall pay the City's legal expenses to prepare the agreement.
The applicant shall design the main driveway project entrance between Park Lane and Liberty
Bell Road to provide two inbound lanes and one outbound lane.The required Los Angeles Avenue
improvements shall include restriping to provide a striped island in the vicinity of this
driveway to allow left turns into the driveway as shown in Figure 1 and 4. Left turns out of the
driveway shall be prohibited.
In conjunction with other Los Angeles Avenue improvements, all necessary transitions shall be
designed and constructed to the satisfaction of the City Engineer and Caltrans. Any
improvements constructed by the City with Los Angeles Avenue Area of Contribution funds that
would normally be the responsibility of the applicant shall be offset by special contributions to
the Los Angeles Avenue Area of Contribution fund.
b. Liberty Bell Road per Plate B-3D and shall be designed and constructed to align with
the ultimate Liberty Bell Road alignment south of Los Angeles Avenue. The Liberty Bell Road -
Los Angeles Avenue intersection must be designed and constructed to provide for necessary
turning pockets and must be reviewed and approved by the City Engineer prior to recordation so
that the dedication of right-of-way on the map will be the ultimate right-of-way dedication.
Liberty Bell Road will be a variable width street, with all elements designed to the
satisfaction of the City Engineer. A conceptual configuration of the proposed improvements is
shown in the attached Figure 2. Although it is intended that the concept shown on this figure
be implemented, it is understood that final plan details such as transition design may vary
from that shown in the figure.
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c. Lassen Avenue per Plate B-5A, modified to have 56 feet of right-of-way to match the
existing, previously dedicated, alignment per Parcel Map No. 3781 on the easterly portion of
the project site. Lassen Avenue shall have a 6 foot sidewalk and 4 foot landscaped area on the
south side, within the 8 foot parkway area and a 2 foot landscape and pedestrian easement. All
improvements south of centerline plus 12 feet north of centerline except along the Chaparral
Middle School frontage where full-width street improvements (including curb, gutter,
sidewalk, driveway and landscaping)shall be constructed. Landscaping and irrigation shall be
installed along the easement area between the school district property and future Lassen
Avenue.The landscaping shall be designed and constructed to the satisfaction of the Director of
Community Development. All necessary transitions shall be constructed to the satisfaction of
the City Engineer.The only connection of Lassen Avenue to Sierra Avenue shall be in the form of
an unpaved emergency access easement area west of Liberty Bell Road. This easement shall be
to the satisfaction of the City Engineer, the Director of Community Development, the Sheriff's
Department and the Fire Department.The connection of Lassen Avenue to Liberty Bell Avenue
shall be in the form of a knuckle per City standard.
d. Although not a requirement of this development, it is noted for future reference that
any future street intersecting Lassen Avenue in the vicinity of the traffic circle servicing the
proposed office buildings east of Liberty Bell Road shall not be offset from the traffic circle.
e. Park Lane per Plate B-3D, modified west of centerline to have 28 foot right-of-way, 20
foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway
area and a 4 foot landscape and pedestrian easement; with the portion of Park Lane located
within 150 feet north of the prolongation of the northern right-of-way of Los Angeles Avenue
designed and constructed in accordance with Plate B-3D, modified to have 65 foot right-of-way
width, 49 foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot
parkway area and a 4 foot pedestrian easement in accordance with Figure 3. All necessary
transitions shall be designed and constructed to the satisfaction of the City Engineer. The
intersection of Park Lane and Lassen Avenue shall be designed and constructed as a standard
knuckle. The anticipated lane configuration on Park Lane at the Los Angeles Avenue
intersection includes one southbound right turn lane, one southbound through lane, one
southbound left turn lane,and one northbound through lane. To the greatest extent practicable,
Park Lane improvements north of Los Angeles Avenue shall align with ultimate improvements
south of Los Angeles Avenue. Design of the Park Lane-Los Angeles Avenue intersection must be
reviewed and approved by the City Engineer prior to recordation so that the dedication of
right-of-way on the map will be the ultimate right-of-way dedication. •
f. No portion of any project driveway may be within 150 feet of the nearest curb
prolongation of an adjacent intersection.
g. The applicant shall construct the necessary improvements to provide Class II bicycle
lanes (5 feet wide) along Liberty Bell Road per the Circulation Element of the Moorpark
General Plan.
h. The applicant shall be responsible for all maintenance of the public sidewalks and
landscaped parkways on Los Angeles Avenue,Liberty Bell Road, Park Lane and Lassen Avenue.
i. The applicant shall agree to provide the necessary public maintenance easements for
the landscaped areas along-and adjacent to Los Angeles Avenue, Park Lane,Lassen Avenue and
Liberty Bell Road. The applicant shall also not oppose the formation of a Iandscape
maintenance assessment district, if and when created by the City.
84. The applicant shall demonstrate feasible access during a 10-year frequency storm for each
building pad to the satisfaction of the City Engineer.
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85. The applicant shall submit to the City for review and approval, drainage plans, hydrologic
and hydraulic calculations prepared by a registered civil engineer; shall enter into an
agreement with the City to complete the improvements and shall post sufficient surety
guaranteeing the construction of the improvements. The drainage plans and calculations shall
indicate the following conditions before and after development:
The Hydrology/Hydraulic Report and Hydraulic Plans shall address the entire project
including the proposed RPD and the following:
• No flows from a 50 year storm shall flow from this project onto Los Angeles Avenue,or to the
existing tract(Tract 1240) to the west.
• The required storm drain improvements required to pick up offsite storm water and carry it to
its final disposal from Poindexter Avenue,McFadden Avenue,Cornette Avenue and Park Lane
as identified by the City of Moorpark Master Drainage Study, shall be designed and
constructed.(Note:The applicant has proposed directing storm water from Poindexter Avenue
directly into the Walnut Canyon drain as an alternative to carry this storm water across the
site. It is emphasized that this alternative will require permits from the Ventura County Flood
Control District, Southern Pacific Railroad and City of Moorpark. This alternative can be
considered,but all plans and permits must be completed prior to approval of the final map.)
• The storm drain along Los Angeles Avenue shall be extended from its full size terminus to
connect to the existing 54" RCP east of Shasta Avenue.Should the existing storm drain between
Shasta Avenue and the Arroyo Simi require enlargement, the City shall reimburse the
applicant for one-half the construction cost to a maximum of$100,000.
• This study shall analyze the hydraulic capacity of the Shasta Drain to the Arroyo Simi
with and without the Moorpark Avenue storm drain connection.
Quantities of water, water flow rates, major water courses, drainage areas and patterns,
diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology
shall be per current Ventura County Standards except as follows:
• all catch basins in sump Iocations shall carry a 50-year frequency storm;
• all catch basins on continuous grades shall carry a 50-year storm;
• all catch basins in a sump condition shall be sized such that depth of water at intake shall
equal the depth of the approach flows:
• all culverts shall carry a 100-year frequency storm;
• drainage facilities shall be provided such that surface flows are intercepted and contained
prior to entering collector or secondary roadways;
• under a 50-year frequency storm,all collector streets shall be provided with a minimum of one
travel lane with a goal that local, residential streets shall have one travel lane available
where possible.
• Drainage to adjacent parcels shall not be increased or concentrated by this development. All
drainage measures necessary to mitigate storm water flows shall be provided by the applicant.
• All drainage grates shall be designed and constructed with provisions to provide adequate
bicycle safety to the satisfaction of the City Engineer.
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• The storm drain connection on Los Angeles Avenue from Park Lane to Shasta Avenue and
fronting CPD 89-1 and 89-2 shall be installed prior to occupancy of either CPD 89-1 or CPD 89-2
with the understanding that the installer of said system shall be reimbursed, if and when funds
are collected by the City through the establishment of an assessment district incorporating
those benefiting, undeveloped properties. It is the onus of the developer to formally initiate
the formation and fund all costs associated with establishment of said assessment district.
86. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City.
87. The applicant shall indicate in writing to the City the disposition of any water well (or any
other well that may exist within the project. If any wells are proposed to be abandoned, or if
they are abandoned and have not been properly sealed, they must be destroyed per Ventura
County Ordinance No.2372 and per Division of Oil and Gas requirements.
88. If any of the improvements which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to
the filing of the final or parcel map for approval pursuant to Government Code Section 66457.
a. Notify the City in writing that the applicant wishes the City to acquire an interest in the
land which is sufficient for such purposes as provided in Government Code Section 664625;
b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or
diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e)of
Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an
appraiser approved by the City which expresses an opinion as to the current fair market value
of the interest to be acquired,and (iv)a current Litigation Guarantee Report;
c. Enter into an agreement with the City,guaranteed by such cash deposits or other security as
the City may require, pursuant to which the applicant will pay all of the City's cost
(including, without limitation, attorneys fees and overhead expenses) of acquiring such an
interest in the land.
89. The applicant shall pay all energy costs associated with street lighting for a period of one year
from the initial energizing of the street lights.
90. The applicant shall execute a covenant running with the land on behalf of itself and its
successors, heirs, and assigns agreeing to participate in the formation of an assessment district
or other financing technique for the construction of public improvements, including but not
limited to, street and sewer improvements necessitated by this project and other projects within
the assessment district, as approved by the City Engineer.
91. The applicant shall post sufficient surety guaranteeing completion of all improvements which
revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model
homes, temporary debris basins,etc.).
92. The developer of CPD 89-1 shall post sufficient surety for the installation of a traffic signal at
the intersection of Los Angeles Avenue - Liberty Bell Road. The applicant will be eligible to
receive reimbursement from the Los Angeles Avenue Area of Contribution of up to$65,000 or 50
percent of the construction expenses,whichever is less. CPD 89-2 may elect to install the signal,
but is not required to do so.
93. The applicant shall post sufficient surety for the installation of a traffic signal at the
intersection of Los Angeles Avenue-Park Lane.
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94. The applicant shall make a special contribution to the City representing the applicant's
prorata share of the costs of improvements to the following intersections:
• Poindexter Avenue-Moorpark Avenue minimum contribution of$16,800.
• Los Angeles Avenue-Gabbert Road minimum contribution of$16,200.
• Los Angeles Avenue-Moorpark Avenue minimum contribution of$28,500.
• Spring Road-New Los Angeles Avenue minimum contribution of$25,500. •
To determine final prorated costs of these improvements, the applicant shall first prepare
conceptual plans to the satisfaction of the City Engineer. The prorata share shall be developed
based on the incremental traffic added by each phase and shall then be paid to City, prior to
zoning clearance.
95. The applicant shall offer to dedicate access easements to the City of Moorpark over all private
streets to provide access for all governmental agencies providing public safety, health and
welfare.
96. The applicant shall offer to dedicate to the City of Moorpark for public use, all right-of-way
for public streets.
97. The applicant shall offer to dedicate to the City of Moorpark, public service easements as
required.
98. The applicant shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles
Avenue,Lassen Avenue,Park Lane and Liberty Bell Road except for approved access roads.
99. Lot to lot drainage easements and secondary drainage easements shall be delineated on the
final map(s). Assurance shall be provided to the City that these easements will be adequately
maintained by property owners to safely convey storm water flows.
100. The applicant shall provide a recorded reciprocal access agreement as necessary to permit
access between CPD 89-1 and CPD 89-2.
DURING CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY:
101. That prior to any work being conducted within the State or City right of way, the applicant
shall obtain all necessary encroachment permits from the appropriate Agencies.
102. If any hazardous waste is encountered during the construction of this project,all work shall be
immediately stopped and the Ventura County Environmental Health Department, the Fire
Department, the Sheriffs Department, and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has been issued by all of these agencies.
103. Where roads are to be built requiring 4 or more inches of pavement, applicant shall construct
the required street section minus 1-inch of paving as an interim condition until all utility cuts or
trenching is completed. The final 1-inch cap of asphalt shall be placed after all necessary
trenching is completed.
104. 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.
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105. The applicant shall utilize all prudent and reasonable measures (including a 6 foot high chain
link fence around the entire project perimeter) to prevent unauthorized persons from entering
the work site at any time and to protect the public from accidents and injury.
PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
106. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of
this condition.
107. The Los Angeles Avenue - Park Lane traffic signal shall be operational prior to any occupancy
for CPD 89-2 or Tract 4757-1. If construction of this signal is delayed by CALTRANS at the time
of the applicant's request for permits, the applicant shall deposit 100% of the total estimated
construction cost with the City. The applicant shall construct the signal upon receiving
Caltrans permission to do so.
108. The Los Angeles Avenue- Liberty Bell Avenue traffic signal shall be operational prior to any
occupancy for CPD 89-1 or Tract 4757-2. If construction of this signal is delayed by CALTRANS
at the time of the applicant's request for permits, the applicant shall deposit 100% of the total
estimated construction cost with the City. The applicant shall construct the signal upon
receiving Caltrans permission to do so.
109. All phased street and storm drain improvements shall be constructed prior to first occupancy of
each phase. If right-of-way acquisition or Caltrans permission can not be obtained, the
applicant can request construction deferment on those portions of construction from the City
Council consistent with Condition 85.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
110. a. Sufficient surety guaranteeing the public improvements pertinent to each phase shall be
provided. The surety shall remain in place for one year following acceptance by the City
Council.
b. Any surety bonds that are in effect three years after final map approval or after issuance of
the first building permit shall be increased an amount equal to or greater than the consumers
price index (Los Angeles/Long Beach SMSA) for the period since original issuance of the surety
and shall be increased in like manner each year thereafter.
111. Original "as-built" plans will be certified by the applicant's civil engineer and submitted with
two sets of blue prints to the City Engineer's office. Although grading plans may have been
submitted for checking and construction on sheets larger than 22" X 36", they must be
resubmitted as "as-builts" in a series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as-built" plans is required before a final inspection
will be scheduled.
112. Reproducible centerline tie sheets shall be submitted to the City Engineer's office.
113. The applicant shall file for a time extension with the City Engineer's office at least six weeks
in advance of expiration of the agreement to construct subdivision improvements. The fees
required will be in conformance with the applicable ordinance section.
114. A staged grading permit may be issued by the City prior to the recordation of the final map for
Tract 4757-1, or approval of the improvement plans,and after the first plan check, provided
fees and bonds for the grading are deposited with the City and the Community Development
Department gives approval.
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MOORPARK POLICE DEPARTMENT CONDITIONS
DURING CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY:
115. 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.
116. Landscaping(trees) shall not be placed directly under any overhead lighting which could cause
a loss of light at ground level.
117. All entrance/exit driveways shall be a minimum of 30 feet in width.
118. For the commercial project,all exterior doors shall be constructed of solid wood core,a minimum
of 1 and 3/4-inches thick,or of metal construction. Front glass doors commonly used for entry are
acceptable but should be visible to the street.
119. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the
locking bar or bolt extending into the receiving guide a minimum of 1-inch deadbolt.
120. Address shall be clearly visible to approaching emergency vehicles and shall be mounted
against a contrasting color.
121. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls,etc.
122. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof
vents or other openings where access may be made.
123. 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.
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
124. Any structure greater than 5,000 square feet in area and/or five miles from a fire station shall
be provided wit an automatic fire sprinkler system in accordance with Ventura County
Ordinance No. 14. If the building is to be protected by an automatic sprinkler system, plans
shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire
Prevention for review and approval.
125. The applicant shall submit plans to the Ventura County Bureau of Fire Protection for approval
of the location of fire hydrants. All existing hydrants within 300 feet of the development must
be shown on the plan.
126. Building plans of all A,E,I and H occupancies shall be submitted to the Ventura County Bureau
of Fire Prevention for plan check.
127. The applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for
approval of the location of fire lanes.
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. e
t3
YENTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO ISSUANCE OF A BUILDING PERMIT,THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
128. The minimum fire flow required shall be determined by the type of building construction,
proximity to other structures, fire walls and fire protection devices provided, as specified by
the I.S.O. Guide for Determining Required Fire Flow. Given the present plans and information,
the required fore flow is approximately 4,500 gallons per minute. The applicant shall verify
that the water purveyor can provide the required volume at the project.
PRIOR TO CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY:
129. Access roads shall be a minimum of 25 feet in width and shall be installed with an all weather
surface, suitable for access by fire department apparatus.
130. Fire hydrants shall be installed and in service prior to combustible construction and shall
conform to the minimum standards of the Ventura County Water Works Manual.
a. Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch ant two 2 1/2-
inch outlet(s).
b. The required fire flow shall be achieved at not less than 20 psi residual pressure.
c. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be
farther than 150 feet from any one hydrant.
d. Fire hydrants shall be recessed in from the curb face 24 inches at center.
131. All grass or bush exposing any structures shall be cleared for distance of 100 feet prior to
framing,according to the Ventura County Weed Abatement Ordinance.
PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISHW:
132. Trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be stored
within 5 feet of openings,combustible roof eaves lines,unless protected by approved automatic
fire sprinklers.
133. Address numbers,a minimum of 6 inches high,shall be installed prior to occupancy and shall be
of contrasting color to the background. Where structures are set back more than 250 feet from the
street, larger numbers will be required so that they are distinguishable from the street. In the
event a structure(s) is(are) not visible from the street, the address number(s) shall be posted
adjacent to the driveway entrance.
134. Fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and
Article 10 of the Uniform Fire Code.
135. Fire extinguishers shall be installed in accordance with National Fire Protection Association
Pamphlet No. 10. The placement of extinguishers shall be reviewed and approved by the
Bureau of Fire Prevention.
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VENTURA O 1NTV WATERWO x DISTRICT NO.1 ONDITIONS
GENERAL REQUIREMENT:
136. The applicant for service shall comply with the Ventura County Waterworks District No. 1
"Rules and Regulations" including all provisions of or relating to the existing industrial waste
discharge requirements and subsequent additions or revisions thereto.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
137. The District shall be allowed to review the adequacy and level of service for the project when
tenant improvements are requested. Additional facilities, on-site treatment, or other
modifications may be required as a condition of certain tenant improvements.
VENTURA COUNTY ENVIRONMENTAL.HFAT TH DIVISION CONDITIONS
PRIOR TO ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
138. Prior to issuance of a zoning clearance for the inauguration of any use in the proposed structure,
such use shall be reviewed and approved by the Ventura County Environmental Health
Division.
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3
Mitigations Measures for the Supplemental EIR
CPD 89-1,89-2
August 21, 1991
"Note: Wording in italics represents original language from the original EIR to remain wording in
bold and underline represents new proposed language. Deleted mitigation measures are duly noted.
Geotechnical
1. The applicant shall conduct a detailed geotechnical engineering investigation to confirm and
evaluate the potential for liquefaction at the site. The investigation shall include subsurface
borings to depths of forty five to fifty feet with appropriate in-situ testing and sampling. Caisson
or pile-supported foundation systems, structural slabs, sub-drains, or dewatering systems have all
been successfully utilized on projects where liquefaction potentials are high.
2. The applicant shall conduct a detailed geotechnical engineering investigation to evaluate the
mechanical properties of the deposits underlying proposed buildings and attendant infrastructure.
Such an investigation shall include subsurface explorations to obtain representative in-situ and
bulk soil samples, appropriate laboratory testing, and an analysis of pertinent factors including
removal and recompaction of compressible soils, foundation design parameters, and the stability of
graded slopes.
Air Quality
Short-Term
3. Engineering specifications to include a regular watering program to reduce fugitive dust. The
program, to be implemented by site development contractor(s), is to include watering graded
portions of the project site twice during the work day and at the end of the work day to create a
"crust" surface.
4. Engineering specifications to require that all clearing, grading, earth moving, or excavation
operations during periods of high winds (i.e., Santa Ana winds 20 mph or greater averaged over one
hour as recommended by the APCD) shall cease, and that the site development contractor(s) is to
maintain contact with the APCD meteorologist for current information about average wind speeds.
5. Project engineer to phase and schedule construction activities to avoid high ozone days
available to all employees involved in grading operations during dry periods to reduce inhalation
of dust which may contain the fungus which causes San Joaquin Valley Fever
7. Engineering specifications to require that site development contractor(s) cover primary site access
roads with gravel during all construction periods.
8. Engineering specifications to require that site development contractor(s) landscape all inactive
portions of the construction site. When appropriate, seed exposed surfaces with a fast-growing,
soil-binding plant to reduce wind erosion and its contribution to local particulate levels.
9. Engineering specifications-to require that site development contractor(cl Apply chemical stabilizers
to completed cut nd fill real
•
20
3J
10. Engineering specifications to require that site development contractor(s) limit on-site vehicular
traffic to no more than 15 mph during construction, and that such speed limit be visibly posted on
site.
11. 1 .'1 . . \ • • ' '1 , • _ 1 • . .. ' 1 • 1 • . Y • . ' 1 1 . _ . • • _ • '
• '1 1 "1'1 1 1 1 ' y1 1 . 11 11 • . 1 • 11 ' . 611 1 .
by wind, vehicular activities.water runoff. etc.) which may have accumulated from construction
• ' th 1 ' . / II • 1 .1 . . _ ' • . • • 1 .'1 •_ • 11 1 ' • r. ., '• • •
.'1 41 . . . • • . . 1• is • n • .• • . 10 . '1 . . .'1 • . 1 - 11 • '1 • . '1 •-. • 11t<
cha
12. Engineering specifications to require that site development contractor(s) cover all material (debris
from clearing and grubbing, as well as construction-related debris) being moved from the site.
13. Engineering specifications to require that site development contractor(s) periodically water
material stockpiles when dust forms.
14. 1 • '1 . . •1 � • ' '• • • 1' . 1 . • . •11 • • 1 - .1 .'1 .'1 • N ' 1
' 1 • ', ' '1 • •• \ • 1 ."• 1 . , . '1 . 1 • -. ll ' . • Nei .. r1 w' • , i• , • • " 1 • r'
y• '•1 . 1• 1 • ,. 1. • SiYS. • 1 N '• q ' 1
15. Engineering specifications to require that site development contractor(s) keep all grading and
construction equipment on or near the site until the site preparation phase of the proposed project is
completed.
Long-Term
The following mitigation measures were obtained from the APCD's Guidelines for the Preparation
of Air Quality Impact Analyses and the City of Moorpark. It should be noted that these mitigation
measures do not constitute a transportation demand management(TDM) plan and the applicant
would not receive credit against an off-site TDM nd for implementation these measures even if
they are successful. While it is not feasible to require the project applicant to establish a TDM
program for the project site as future tenants of the site are yet unknown. t • • . '\ •
recommended mitigation measures can be implemented by the project applicant and can contribute
towards the reduction of project-related air quality impacts.though the impacts will not be fully
.1' . • • . . ..V. . . i• • •
1 .
16. Applicant to prepare CC&Rs that would require future owners/tenants of each lot, who employ
%. • 1 % 1 •11 ' 1 - '•1 ' " 11 . 1 • - • . , 1 • 1 1 . '1 ••
• provide preferential parking for carpooling groups with the location approved by the City's
Dire-chatcummunitylleyslopment.
• enroll in the County's Commuter Computer program which provides computerized rideshare
matching c rvic s.
17. Prior to occupancy. Ventura County APCD to review all uses to ensure compliance with the
California Health and Safety Code (Section 44300 et seq.) regarding the use. storage. and
disposition of hazardous materials. City to withhold the final certificates of occupancy until
p • 11• . 1 • a • 1 1 . 1 1 ' '• 1 1 • q I "• 1 1. 1 • 1 . • • , •1 . 1
18. • • 0•" 1 . 1 • 1 • • 1 . 1 1 . 1 . 1 - . • • q • . ' • • Pt I
a trip reduction plan containing strategies to reduce the number of solo drivers commuting to the
rtarksitt._ThelazgelisiomerisigesifitAirsagesehicleaidershighe
jhcreased_to 1.5 after 1997. Such a plan can reduce total project-generated emissions by
21
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30
. . ..-•1 , . , , ' . .
'
A; q . • 1•' • • • 11 •1- - . • 1 .
following,ttip_redo tion m s •r s:
- Direct financial incentives for employees who carpooL vanponL huspooL or use public facilities.
- Use of fleet vehicles for ridesbaring purposes or by ridesharing employees for personal errands..
eytployees
- Preferential parking for ridesharing vehicles
- facility improvements which provide preferential access and/or egress for ridesharing vehicles
- Personal rideshare matching and/or active use of computerised rideshare matching service such as
Commuter .Comp+ r.
- . L . . 1 •-I • , • •1 ' • • !I4 • I . . 1 .. I1 • 4 • • . . . •, •+ " 4• 1Y •4. .• :• 4
- An on-site day care facility
- Facility improvements to encourage bicycling and walking(showers.bicycle racks or lockers.etc.)
- Flexible work schedules for transit users.bicyclists.and pedestrians,
- Compressed work weeks such as 4/40 or a 9/80 or a 3/36 work schedule where employees report to
work fewer days during a two week period.but for longer work shifts.Oman employees who work
five 8-hour days per week.
- - • n it •1 • . • I.•, • 4 • n ' • • • •1 • • w •
•
In order to comply with APCD Rule 210. the tenant must notify the Transportation Program
• •I•S' 1 . I • •1 .• , 1 •nl 1 1 '1 • • - • '• , • '• • • ,', • . 1
approval. After occupancy of the building, the APC)will contact the tenant and work with them
to complete and implementtheir plan.
19. : ,. • " . • . • • . • • , 4444 i' • y . • l •. r . 1 . , • ♦ • . •4 •
program on site to alert employees to any new developments in air quality information. This
measure shall be coordinated through the APCD
20. Provide facilities on-site to promote pedestrian access and bicycle trips, including street lights,
sidewalks, curb ramps, bicycle storage facilities, and walkway signals at intersections, as required
by the City Engineer.
21. Bank-related services (auto-teller machine, direct deposit, check cashing, etc.) can be provided on-
site in order to reduce traffic trips.
22. Off-site Vehicular Traffic Circulation Improvements - The applicant should contribute funds
toward the improvement of local vehicular traffic circulation improvements. Such improvements
could include improved signal sychronization and/or widening of intersections/roadways. This
measure is proposed in order to improve the flow of traffic in the City which would reduce
congestion and the emission of air pollutants.
23 Subdivider to dedicate sufficient right-of-way to incorporate one bus shelter and bus turnout on Los
Angeles Avenue in the project site plan and Final Tract Map.in order for it to be easily constructed
if public transit is extended into the project frontage. Location to be approved by the City of
Moorpark and Caltrans,
24. DELETE Subdivider to dedicate portions of the project site, for use as a bus turnout, as an easement
to the City of Moorpark. Locations as approved by City Engineer.
25. 4 4 4 .4 . 1 . 1 • - c .. , • • 4 :• , 11 ' •1 . 4 1 14 . •. •` n ' 4 Oil u 4. 4 •
The estimated contribution to off-site TDM funds for the proposed project is based on the total net
1 •p . - •1 :q . ' • ' •1' •• • • 1 ' p'
22
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Table 6
Funding for Ridesharing
Cost/Pound Cost/Pound
Year of ROC Reduced' of NOx Reduced'
1988 $ 438 $ 2.27
1989 $ 5.17 $ 2.54
1990 $ 6.21 $ 2.87
1991 $ 6.66 $ 3.04
1992 $ 7.15 $ 3.24
1993 $ 7.68 $ 3.44
1994 $ 8.26 $ 3.66
• 1995 $ 8.89 $ 3.90
1996 $ 9.47 $ 4.10
1997 $10.10 $ 4.32
1998 $10.77 $ 455
1999 $11.50 $ 4.79
2000 $12.28 $ 5.04
Source: Ventura County Air Pollution Control District, Guidelines for the Preparation of Air
Duality Impact Analyce% (Ventura: Adopted 24 October 1989), p. 7-18.
iThe dollar amounts shown have been adjusted by the APCD to reflect their value in the years
shown.
The emissions identified in Table 4 are multiplied by the costs identified in Table 6 and the
weighted average number of days per year of project operation for a three year period beginning at
project buildouti The annual cost of reducing ROC is then compared to the annual cost of reducing
NOx. The contribution is based on the higher of the two costs as TDM funding would result in
programs which reduce both pollutants. The Ventura County APCD also recommends that all
projects with significant air quality impacts fully mitigate the excess emissions through
contribution to a TDM fund for at least three years. A project which uses a three-year contribution
i• -r- • . ,v • s • a' e' ' evir.n. . s 'n. . , 2 The fee
calculations are provided in Appendix A of this document and are summarized in Table 7,
As shown in Table 7.$1.795.656.71 would be the required off-site TDM fee.if no emission offsets can
be obtained. The City of Moorpark may allow this amount to be paid over a three year period in
order to minimize the initial cost and provide a stabilized revenue stream. The APCD indicates
that the following conditions should apply to the use of these funds and all accumulated interest
earned from the funds}
A. The approving jurisdiction should determine the basis for collection and how the funds are to he
spent. The funds should he spent or committed to a project within five years of receipt of the
funds.
1Cuidelines for the Preparation of Air Quality Impact Analyses p.5-2. Commercial/office developments usually
operate 308 to 359 days per year.
2Cuidelines for the Preparation of Air Quality Impact Analyses p.7-20.
31bid.,pp.7-21 to 7-22.
23
B. TDM funds must be used for projects or programs in the airshed in which the proposed project
will be loratedli.e..the Oxnard Plain Airshed). Ridesharing arrangements or public transit
of Ihelunds.
Table 7
Off-Site TDM Contributions
ROC Nx
1995 $ 560,906.12 $ 389,804.63
1996 $ 597,500.67 $ 409,794.61
1997 $ 637.249.92 $ 431.783.59
$ 1,795,656.71 $ 1,231,382.82
Total Costs(higher of the two)
Source: Impact Sciences, Inc. (Appendix A of Supplemental EIR)
C. The approving jurisdiction should a tab i h a TDM fund to c ive a-d hold he fund until s1. h
CJI .. 1_I0 S . .,. : , : . . . M.. . . \.'I .. .,
D. TDM funds should not be used for traffic engineering projects.including signal synchronization,
intersection improvements,and channelization,as the benefits from these projects are
primarily traffic-related and not air quality-related.
Noise
27. Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m., and shall
exclude Sundays.
28. During site preparation and construction, construction equipment shall be fitted with modern sound-
reduction equipment.
29. The noise wall adjacent to Shop Numbers 1, 2 and Retail "A" shall be a minimum of eight feet in
height.
30. Vehicle speed limits of 25 mph shall be posted along Liberty Bell and Lassen Avenue.
31. Use of parking lot vacuums and landscape maintenance equipment shall be limited to the hours of 8
a.m. and 7 p.m. weekdays.
32. Provide staging areas on-site to minimize off-site transportation of heavy construction equipment,
Locate these areas to maximize the distance between activity and existing residential areas,
33. Designate and follow truck/equipment routes that travel through a minimum number of residential
areas,as ajproved by the City Engineer,
34. Ten-foot high noise attenuation walls shall be located around loading areas in the rear of the
anchor tenants
24
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•
35
Police Protection
35. A licensed security guard is required during the construction phase, or a 6-foot high chain fence
shall be erected around the construction site.
36. Construction equipment, tools, etc., shall be properly secured during non-working hours.
37 All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured
prior to installation during non-working hours. All serial numbers shall be recorded for
identification purposes.
38. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with
them. All parking areas shall be provided with a lighting system capable of illuminating the
parking surface with a minimum maintained 1-foot candle of light and shall be designed to
minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be
protected by weather and breakage-resistant covers
39. Landscaping shall not obstruct any exterior door or window.
40. Landscaping is to be maintained at a height where pedestrians will have full view of the area
with no obstructions.
41. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or
screen views of a seated driver from another moving vehicle or pedestrian.
42. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a
loss of light at ground level.
43. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a
contrasting color.
44. Address numbers shall be a minimum of six inches in height and illuminated during the hours of
darkness.
45. All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick or of
metal construction. Front glass door(s) commonly used for entry are acceptable but should be visible
to the street.
46. Doors utilizing a cylinder lock shall have a minimum five pin tumbler operation with the locking
bar or bolt extending into the receiving guide a minimum of one inch.
47. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc.
48. Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development
constructed under the same general plan, shall have locks using combinations which are
interchange free from locks used in all other separate dwellings, proprietorships, or similar
distinct occupancies.
Parks
49. Prior to the issuance of building permits,the developer shall pay the City's park impart fee for the
project.as calculated below
265.940 squ r f et x 8025 per square foot of commercial uce=X66 48S 00
25
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Sanitary Sewers
50. The project applicant shall be required to fund all sewer infrastructure improvements necessary to
accommodate the proposed project demand.
51. The applicant shall be required to comply with all pertinent County of Ventura Public Works
Department sewer connection regulations. These mitigation measures shall be implemented by the
County of Ventura Public Works Department (Waterworks District No. 1).
52. In accordance with the Ventura County Waterworks District No, I adopted Water Conservation
Rules.all buildings shall include ultra low water use plumbing fixtures.
Storm Drainage
53. On-site detention basins should be incorporated info the proposed site plan. The use of landscape
mounding within the landscape medians planned throughout the proposed parking areas, with
area drains placed in a sump condition, would allow for some storage.
Solid Waste
54. To encourage future residents and tenants of the proposed project to contribute materials for
recycling, design considerations shalt be included in each development component that would
provide adequate space and facilities for the storage and transfer of recyclable materials.
55. kwaste_reduction_andrecyc}ing plan shall be submitted to and approved by the City of Moorpark
1114 1•% 110 . . 1111 ' 1 I • . gill • 4 , •1 1 1 It 4 % 1 ' $1 .•1 ' 1 . 1 1 .• f•l 114 ' 1 . 1
shall include a designated building manager, who be responsible for initiating on-site waste
materials recycling programs. This shall include the acquiring of storage bins for the separation of
recyclablejnaterials andsnordinatipn and maintenance of a curbside pick-up schedule. These
recycling bins shall be located near on-site trash receptacles.
56. The developer shall require(in the construction specification and bid package)insulation and other
building materials made of recycledinaterials, to the extent possible, to increase the demand for
(and value of?recy clables.
57. The developer shall designed construct enclosed trash collection areas that are large enough to
111 11 1 1 . • 1 . 1 • 1 . . 1 1 1.1 , ' 11 . 4 • 1 . 1 ,. .1 1 11 1 1 ' 1 1 1 1' ' 1I1 . 4 ' rl '
plan shall depict these areas, which will be approved bye Community Development
Department prior to zoning clearance.
58. The City's Building OfficiaLwill verify that trash cotnpjctort me installed for non-recyclables.
wherever feasible on the project site.
Visual/Architecture
59. � 1. . . 1• • ,_1 • • • !, 's - . 1 . ■ :1 .rSv' 1 • • 111 J ►i\ P 'v' • tin'i I • i 8!1 'n
prior to Zone Clearance, that ensures that a sufficient amount of tall and rapidly growing trees
and/or shrubs, in minimum 24-inch size box containers, are planted along the western site boundary
to minimize the glare impacts and the loss of privacy of the nearby single-family neighborhood.
All perimeter landscaping elements shall be completed prior to any tenant occupancy. Plant a
sufficient amount of tall growing frees and/or shrubs along the western site boundary to minimize
the glare impacts and the loss of privacy of the nearby single-family neighborhood.
26
7
60. The applicant shall have a tree report prepared consistent with City code requirements, tuLLe
submitted for review and approval by the Community Development Department,prior to Zone
Clearance. Landscaping shall be provided for the commercial development which is equivalent to
not less than the value of the 310 trees which will be removed.
61. All parking and walkway area pole lights and street lights shall be fully hooded and back
shielded to reduce the light "spillage" and glare. An outdoor lighting plan shall he submitted fox
review and approval by the Community Development Department.prior to 7one Clearance
62. Colors and materials of the proposed building shall be compatible with the surrounding area,as
. . . . . .. .. 1.11 I ' . . . .. ' . t ' . nu. .
63. No illuminated building mounted signs shall be permitted on any building facade facing towards a
residential neighborhood.
64. Tinted windows shall be installed to minimize the emittance of light and glare from interior
sources.
Traffic
Maureen Lane and Los Angeles Avenue
65. Provide an additional lane on Los Angeles Avenue, in both the eastbound and westbound directions.
(Improves to LOS A during AM and PM peak hours)
Liberty Bell Road and Los Angeles Avenue
66. Provide an additional lane on Los Angeles Avenue. Also provide three lanes on the southbound
Liberty Bell Road approach to the intersection. (Improves to LOS B during the AM peak hour and
to LOS C during the PM peak hour)
Park Lane and Los Angeles Avenue
67. Provide additional right-of-way on Los Angeles Avenue and widen Park Lane to allow three lanes
on the southbound approach to the intersection prior to occupancy. (Improves to LOS B during the
AM peak hour and to LOS C during the PM peak hour)
College View Avenue and State Route 118
68. Complete the link between the Route 23 and Route 118 Freeways, which could reduce traffic in this
east-west corridor by 25 percent or more. Due. to right-of-way limitations and major physical
restrictions west of this location, it is not practical to widen Route 118 in this area, at this time.
Los Angeles Avenue and Moorpark Road
69. Provide an additional northbound left-turn lane to the eastbound approach. (Improves to LOS C
during the PM peak hour).
Los Angeles Avenue and Spring Road
70. Provide an additional northbound left-turn lane, one additional through and left-turn lane for both
southbound and eastbound approaches, and one additional through lane for the westbound
approach. (Improves to LOS B during both AM and PM peak hours).
Project Access and Circulation
71. Construct Lassen Avenue, Park Lane and Liberty Bell Road along the site boundaries 40-foot
roadways, within 56 feet of right-of-way.
72. Install traffic signals at the Los Angeles Avenue project entrances, at Liberty Bell Road and Park
Lane.
27
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73. Provide adequate accelerationldeceleration lanes at the driveway location between Park Lane and
Liberty Bell Road, and restrict to right-turn in and right-turn out movements.
74. Widen Los Angeles Avenue along the project frontage to the full 102 foot section width, with two
through lanes and a left turn lane in each direction, at least until the freeway links are completed
and their effects can be observed.
75. Restrict left-turn access from Los Angeles Avenue only to signalized locations.
28
5ci
EXIIIBIT B
TENTATIVE TRACT MAP 4757
MAJOR MODIFICATION#1
CONDITIONS OF APPROVAL
August 21,1991
*Note: Wording in italics represents original language to be changed, wording in bold and underline
represents new proposed language.
DEPARTMENT OF C'OMMI NM'DFVELOPMENT CONDITIONS
TENTATIVE TRACT MAP CONDITIONS
GENERAL REQUIREMENTS
1. The conditions of approval of this Tentative Parcel Tract. Map supersede all conflicting
notations,specifications,dimensions, typical sections and the like which may be shown on said
map: and that all provisions of the Subdivision Map Act, City of Moorpark Ordinance and
adopted City policies apply.
2. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the
conditions of this Map.
3. All applicable requirements of any law or agency of the State, City of Moorpark and any other
governmental entity shall be met,and all such requirements and enactments shall,by reference,
become conditions of this entitlement.
4. The developer's recordation of this map and/or commencement of construction as a result of this
map shall be deemed to be acceptance of all conditions of this map by the applicant.
5. That no condition of this entitlement shall be interpreted as permitting or requiring any
violation of law, or any lawful rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply, the stricter ones shall take
precedence.
6. That if any of the conditions or limitations of this subdivision are held to be invalid, that
holding shall not invalidate the remaining conditions or limitations set forth.
7. The development shall be subject to all applicable regulations of the CPD or RPD zone as
applicable.
8. The Tentative Tract Map shall expire three years from the date of its approval. Failure to
record a final map with the Ventura County Office of the Recorder prior to expiration of the
Tentative Map shall terminate all proceedings, and any subdivision of the land shall require
the filing and processing of a new Tentative Map.
9. As of the date of recordation of final map, the parcels depicted thereon shall meet the
requirements of the Zoning Ordinance and General Plan then applicable to the property.
Compliance with this condition shall be required even if the zoning and General Plan
requirements in effect as of the date the tentative map is conditional approved. Conditional
approval of the tentative map shall neither limit the power of the legislative body to amend
the applicable zoning ordinances and/or General Plan nor compel the legislative body to make
any such amendments.
I
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1'16
10. That the subdivider shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul any approval by the City or any of its
agencies, departments,commissions, agents, officers,or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37. The city will promptly notify
the subdivider of any such claim, action or proceeding, and, if the city should fail to do so or
should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible
to defend, indemnify and hold harmless the City or its agents,officers and employees pursuant
to this condition. The city may, within its unlimited discretion, participate in the defense of
any such claim,action or proceeding if both of the following occur.
a. The city bears its own attorney fees and costs;
b. The city defends the claim,action or proceeding in good faith.
The subdivider shall not be required to pay or perform any settlement of such claim, action or
proceeding unless the settlement is approved by the subdivider. The subdivider's obligations
under this condition shall apply regardless of whether a parcel map is ultimately recorded
with respect to the subdivision.
11. Within two days after approval of the project by the City Council.the�pplicant shall deposit
with the City a check for $850.00 plus a $25.00 filing fee made payable to the County of
Ventura. This fee is for the State Department of Fish and Game required Notice of
Determination filing fee in accordance with Assembly Bill 3158. for themnagement and
protection of statewide fish and wildlife trust resources,
12. Any appropriate conditions for CPD 89-1.89-2(Major Modification)that are applicable to this
subdivision shall be incorporated by reference in thesonslitions of approval for Tentative Tract
Map 4757,
PRIOR TO FINAL MAP RECORDATION,THE FOLLOWING CONDITIONS SHALL BE SATISHhU:
13. No zone clearance shall be issued for construction until the final map has been recorded. Prior to
the issuance of any permit, a zoning clearance shall be obtained from the Department of
Community Development and a Building Permit shall be obtained from the Department of
Building and Safety after the granting of a zoning clearance.
14. Prior to the Final Map Recordation, the applicant shall pay all outstanding case processing
(planning and engineering), environmental impact report preparation costs, and all City legal
service fees be paid for the Major Modification#1 to CPD 89-1 and 89-2 and TTM 4757.
15. Prior to the Final Map Recordation, the applicant shall deposit fees pursuant to City
Resolution No.89-605 for condition compliance review.
16. Prior to the Final Map Recordation, the permittee shall sign a statement indicating awareness
and understanding of all permit conditions,and shall agree to abide by these conditions.
•
2
:41/
CITY INGINEFR'S CONDITIONS
PRIOR TO FINAL MAP APPROVAL,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
17. a. Developers of CPD 89-1 and 89-2 shall be allowed to file and record a lot line
adjustment in accordance with Section 66412(d),Subdivision Map Act, California Government
Code, to separate Phase I (CPD 89-2, Tract 4757-1) without the recordation of LDM-89-2
(Macleod). Physical development and recordation of parcels will thereafter follow in
accordance with approved conditions for phased development of CPD 89-1,CPD 89-2 amd Tract
4757.
b. Prior to first building permit, the applicant shall deposit with the City a contribution
for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current
Los Angeles Avenue Area of Contribution rate.
18. The applicant shall submit to the City for review and approval, a grading plan prepared by a
registered civil engineer; shall obtain a grading permit; and shall post sufficient surety
guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizontal:vertical).
At the applicant's request, a staged grading plan can be submitted to the City Engineer for
review and approval.
An erosion control plan shall be submitted for review and approval if any grading is to occur
between October 15 and April 15. Along with erosion control measures, hydroseeding of all
graded slopes shall be required within 60 days of completion of grading. All haul routes shall
be approved by the City Engineer. On-site haul routes shall be limited to graded areas only.
19. The applicant shall submit to the City for review and approval, a detailed soils and
geotechnical report prepared by a civil engineer and a geotechnical engineer registered with
the State of California. The report shall include a geotechnical investigation with regard to
liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the
recommendation of the approved soils report.
Review of the soils and geotechnical report by the City's geotechnical consultant may be
required by the City Engineer. If so, the applicant shall reimburse the City for all costs
including the City's administative costs.
20. The applicant shall submit to the City for review and approval, street improvement plans
prepared by a registered civil engineer; shall enter into an agreement with the City to complete
the improvements; and shall post sufficient surety guaranteeing the construction of the
improvements. Any necessary right-of-way acquisition necessary to complete the required
improvements will be acquired by the applicant at their expense.
The improvements shall include concrete curb and gutter, sidewalk, striped bike path, street
lights, traffic signals, striping and signing, traffic control, paving, and any necessary
transitions to the satisfaction of the City Engineer. All driveway locations shall be approved
by the City Engineer and the Director of Community Development. The applicable Ventura
County Road Standard Plates are as follows:
a. Los Angeles Avenue per Plate B-2A, modified north of centerline to have 59 feet of
right-of-way, 51 foot pavement width and a 6 foot sidewalk. The sidewalk shall be located
within the landscaped area in a pedestrian easement as necessary. Applicant shall construct
improvements north of the centerline across the frontage of the project in accordance with
Figure 1.
3
1'
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to the satisfaction of the City Engineer, the Director of Community Development, the Sheriffs
Department and the Fire Department. The connection of Lassen Avenue to Liberty Bell Avenue
shall be in the form of a knuckle per City standard.
d. Although not a requirement of this development, it is noted for future reference that
any future street intersecting Lassen Avenue in the vicinity of the traffic circle servicing the
proposed office buildings east of Liberty Bell Road shall not be offset from the traffic circle.
e. Park Lane per Plate B-3D, modified west of centerline to have 28 foot right-of-way, 20
foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway
area and a 4 foot landscape and pedestrian easement with the portion of Park Lane located
within 150 feet north of the prolongation of the northern right-of-way of Los Angeles Avenue
designed and constructed in accordance with Plate B-3D, modified to have 65 foot right-of-way
width, 49 foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot
parkway area and a 4 foot pedestrian easement in accordance with Figure 3. All necessary
transitions shall be designed and constructed to the satisfaction of the City Engineer. The
intersection of Park Lane and Lassen Avenue shall be designed and constructed as a standard
knuckle. The anticipated lane configuration on Park Lane at the Los Angeles Avenue
intersection includes one southbound right turn lane, one southbound through lane, one
southbound left turn lane, and one northbound through lane. To the greatest extent practicable,
Park Lane improvements north of Los Angeles Avenue shall align with ultimate improvements
south of Los Angeles Avenue.Design of the Park Lane-Los Angeles Avenue intersection must be
reviewed and approved by the City Engineer prior to recordation so that the dedication of
right-of-way on the map will be the ultimate right-of-way dedication.
f. No portion of any project driveway may be within 150 feet of the nearest curb
prolongation of an adjacent intersection.
g. The applicant shall construct the necessary improvements to provide Class II bicycle
lanes (5 feet wide) along Liberty Bell Road per the Circulation Element of the Moorpark
General Plan.
h. The applicant shall be responsible for all maintenance of the public sidewalks and
landscaped parkways on Los Angeles Avenue,Liberty Bell Road,Park Lane and Lassen Avenue.
i. The applicant shall agree to provide the necessary public maintenance easements for
the landscaped areas along-and adjacent to Los Angeles Avenue,Park Lane, Lassen Avenue and
Liberty Bell Road. The applicant shall also not oppose the formation of a landscape
maintenance assessment district,if and when created by the City.
21. The applicant shall demonstrate feasible access during a 10-year frequency storm for each
building pad to the satisfaction of the City Engineer.
22. The applicant shall submit to the City for review and approval, drainage plans, hydrologic
and hydraulic calculations prepared by a registered civil engineer; shall enter into an
agreement with the City to complete the improvements and shall post sufficient surety
guaranteeing the construction of the improvements. The drainage plans and calculations shall
indicate the following conditions before and after development:
The Hydrology/Hydraulic Report and Hydraulic Plans shall address the entire project
including the proposed RPD and the following:
• No flows from a 50 year storm shall flow from this project onto Los Angeles Avenue,or to the
existing tract (Tract 1240) to the west.
5
dorsraze
• The required storm drain improvements required to pick up offsite storm water and carry it to
its final disposal from Poindexter Avenue, McFadden Avenue, Cornette Avenue and Park Lane
• as identified by the City of Moorpark Master Drainage Study, shall be designed and
constructed. (Note: The applicant has proposed directing storm water from Poindexter Avenue
directly into the Walnut Canyon drain as an alternative to carry this storm water across the
site. It is emphasized that this alternative will require permits from the Ventura County Flood
Control District, Southern Pacific Railroad and City of Moorpark. This alternative can be
considered,but all plans and permits must be completed prior to approval of the final map.)
• The storm drain along Los Angeles Avenue shall be extended from its full size terminus to
connect to the existing 54" RCP east of Shasta Avenue.Should the existing storm drain between
Shasta Avenue and the Arroyo Simi require enlargement, the City shall reimburse the
applicant for one-half the construction cost to a maximum of$100,000.
• This study shall analyze the hydraulic capacity of the Shasta Drain to the Arroyo Simi
with and without the Moorpark Avenue storm drain connection.
Quantities of water, water flow rates, major water courses, drainage areas and patterns,
diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology
shall be per current Ventura County Standards except as follows:
• all catch basins in sump locations shall carry a 50-year frequency storm;
• all catch basins on continuous grades shall carry a 50-year storm;
• all catch basins in a sump condition shall be sized such that depth of water at intake shall
equal the depth of the approach flows:
• all culverts shall carry a 100-year frequency storm;
• drainage facilities shall be provided such that surface flows are intercepted and contained
prior to entering collector or secondary roadways;
• under a 50-year frequency storm,all collector streets shall be provided with a minimum of one
travel lane with a goal that local, residential streets shall have one travel lane available
where possible.
• Drainage to adjacent parcels shall not be increased or concentrated by this development. All
drainage measures necessary to mitigate storm water flows shall be provided by the applicant.
• All drainage grates shall be designed and constructed with provisions to provide adequate
bicycle safety to the satisfaction of the City Engineer.
• The storm drain connection on Los Angeles Avenue from Park Lane to Shasta Avenue and
fronting CPD 89-1 and 89-2 shall be installed prior to occupancy of either CPD 89-1 or CPD 89-2
with the understanding that the installer of said system shall be reimbursed, if and when funds
are collected by the City through the establishment of an assessment district incorporating
those benefiting, undeveloped properties. It is the onus of the developer to formally initiate
the formation and fund all costs associated with establishment of said assessment district.
23. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City.
6
25:414:
24. The applicant shall indicate in writing to the City the disposition of any water well (or any
other well that may exist within the project. If any wells are proposed to be abandoned, or if
they are abandoned and have not been properly sealed, they must be destroyed per Ventura
County Ordinance No.2372 and per Division of Oil and Gas requirements.
25. If any of the improvements which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to
the filing of the final or parcel map for approval pursuant to Government Code Section 66457.
a. Notify the City in writing that the applicant wishes the City to acquire an interest in the
land which is sufficient for such purposes as provided in Government Code Se.tion 66462.5;
b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or
diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision(e)of
Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an
appraiser approved by the City which expresses an opinion as to the current fair market value
of the interest to be acquired,and (iv)a current Litigation Guarantee Report;
c. Enter into an agreement with the City,guaranteed by such cash deposits or other security as
the City may require, pursuant to which the applicant will pay all of the City's cost
(including, without limitation, attorney's fees and overhead expenses) of acquiring such an
interest in the land.
26. The applicant shall pay all energy costs associated with street lighting for a period of one year
from the initial energizing of the street lights.
27. The applicant shall execute a covenant running with the land on behalf of itself and its
successors, heirs, and assigns agreeing to participate in the formation of an assessment district
or other financing technique for the construction of public improvements, including but not
limited to, street and sewer improvements necessitated by this project and other projects within
the assessment district, as approved by the City Engineer.
28. The applicant shall post sufficient surety guaranteeing completion of all improvements which
revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model
homes, temporary debris basins,etc.).
29. The developer of CPD 89-1 shall post sufficient surety for the installation of a traffic signal at
the intersection of Los Angeles Avenue - Liberty Bell Road. The applicant will be eligible to
receive reimbursement from the Los Angeles Avenue Area of Contribution of up to$65,000 or 50
percent of the construction expenses,whichever is less. CPD 89-2 may elect to install the signal,
but is not required to do so.
30. The applicant shall post sufficient surety for the installation of a traffic signal at the
intersection of Los Angeles Avenue-Park Lane.
31. The applicant shall make a special contribution to the City representing the applicant's
prorata share of the costs of improvements to the following intersections:
• Poindexter Avenue-Moorpark Avenue minimum contribution of$16,800.
• Los Angeles Avenue-Gabbert Road minimum contribution of$16,200.
• Los Angeles Avenue-Moorpark Avenue minimum contribution of$28,500.
• Spring Road-New Los Angeles Avenue minimum contribution of$25,500.
7
•
Ana
To determine final prorated costs of these improvements, the applicant shall first prepare
conceptual plans to the satisfaction of the City Engineer. The prorata share shall be developed
based on the incremental traffic added by each phase and shall then be paid to City, prior to
zoning clearance.
32. The applicant shall offer to dedicate access easements to the City of Moorpark over all private
streets to provide access for all governmental agencies providing public safety, health and
welfare.
33. The applicant shall offer to dedicate to the City of Moorpark for public use, all right-of-way
for public streets.
34. The applicant shall offer to dedicate to the City of Moorpark, public service easements as
required.
35. The applicant shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles
Avenue,Lassen Avenue,Park Lane and Liberty Bell Road except for approved access roads.
36. Lot to lot drainage easements and secondary drainage easements shall be delineated on the
final map(s). Assurance shall be provided to the City that these easements will be adequately
maintained by property owners to safely convey storm water flows.
37. The applicant shall provide a recorded reciprocal access agreement as necessary to permit
access between CPD 89-1 and CPD 89-2.
38. A staged grading permit may be issued by the City prior to the recordation of the final map for
Tract 4757-1,or approval of the improvement plans,and after the first plan check, provided
fees and bonds for the grading are deposited with the City and the Community Development
Department gives approval.
39. Prior to approval of Final Map, or issuance of a grading permit, 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 Engineer's conceptual plans and/or the
Tentative Tract Map.
40. Developers of CPD 89-1 and 89-2 shall be allowed to file and record a lot line adjustment in
accordance with Section 66412(d). Subdivision Map Act. California Government Code, to
separate Phase I (CPI) 89-2. Tract 4757-1) without the recordation of LDM-89-2 (Macleod)
Physical development and recordation of parcels will thereafter follow in accordance with
approved conditions for phased development of CPD 89-1.CPD 89-2 amd Tract 4757
41. Prior to approval of 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 sewer service.
8
ems235==.
42. Prior to recording the LDM 89-1 or 89-2 or final map, the subdivider shall obtain a "District
Release" from the Calleguas Municipal Water District and Waterwork's District No. 1.
Applicant shall be required to comply to Ventura County Waterwork's Rules and Regulations
including payment of all applicable fees.
43. 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.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
44. a. Sufficient surety guaranteeing the public improvements pertinent to each phase shall be
provided. The surety shall remain in place for one year following acceptance by the City
Council.
b. Any surety bonds that are in effect three years after final map approval or after issuance of
the first building permit shall be increased an amount equal to or greater than the consumers
price index (Los Angeles/Long Beach SMSA) for the period since original issuance of the surety
and shall be increased in like manner each year thereafter.
45. Original "as-built" plans will be certified by the applicant's civil engineer and submitted with
two sets of blue prints to the City Engineer's office. Although grading plans may have been
submitted for checking and construction on sheets larger than 22" X 36", they must be
resubmitted as "as-builts" in a series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as-built" plans is required before a final inspection
will be scheduled.
46. Reproducible centerline tie sheets shall be submitted to the City Engineer's office.
47. The applicant shall file for a time extension with the City Engineer's office at least six weeks
in advance of expiration of the agreement to construct subdivision improvements. The fees
required will be in conformance with the applicable ordinance section.
48. All utility lines (with the exception of 67kV or larger lines) shall be placed underground to the
nearest off-site utility pole. This requirement includes all above-ground poles on the project
site and those along the road frontages in the right-of-way.
9
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MOORPARK CITY COUNCIL
Check List
The following actions are requested of the City Council:
1. Allow parking requirement of 1 space per 300 sq.ft.of building area,which was approved October 1990.
Staff is recommending 1 space per 250 sq.ft.of building area. With this major modification,under old
standard, we are overparked 69 spaces;under the new standard, we are underparked 76 spaces.
2. Allow internally lit monument signs. (Exhibit A,page 3, #19)
3. Allow temporary private property parking behind Kmart along Lassen Avenue in the 20 foot landscape area
on Lassen until issuance of occupancy permit on CPD 89-1 (Macleod). We would bond and sign a guarantee
agreement with the City that future landscaping will replace parking. This would allow us to meet the
parking requirement for Phase I. (Exhibit A,page 3, #25 and 26)
4. Segregate fees for each public agency by Phase.
5. Eliminate any reference to the"Upper Commercial"which has now been deleted.
6. Since storm drain enlargement improvements are not required between Shasta Avenue and Arroyo Simi,
please reword so$100,000 is applied to undersized line east of Shasta Avenue.
7. Reciprocal Access Agreement(REA)to be recorded prior to zoning clearance of CPD 89-1 (Macleod).
(Exhibit A,page 15,#100)
8. Approve a"hold harmless agreement"so that we can immediately file our plans with the Building
Department.
9. In lieu of a pylon sign,direct Staff to work with Developer and design three(3)oversized monument signs
(two for major tenants and one for center identification)at locations agreed upon by Staff and Developer.
This is in addition to the monument signage set forth on site plan.
10. Please see the attached letter previously conveyed to the City regarding APCD fees.
11. To direct the Staff and City Manager to work with the Developer to define a scope of work and timing for an
assessment district. (Exhibit A,page 14,#85)
12. Recordation of LDM-2 without compliance of proposed Condition#92 and requirement that Macleod grant
reciprocal access agreement and easements over south portion of Liberty Bell Avenue and portion of future
parking on Macleod site. Macleod to be required to obtain bonding in compliance with Condition#92 as
expressed condition to Macleod proceeding.
F:1 NNS0821
VENTURA PACIFIC CAPITAL COMPANY
�:. /. REAL ESTATE MANAGEMENT&DEVELOPMENT
k 1,7
340 Rosewood Avenue/Suite D/Camarillo, California 93010/(805) 987-6921
Mailing Address: P. O. Box 179, Camarillo, California 93011
August 19, 1991
Mayor Paul Lawrason and
Members of the City Council
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
RE: Condition 50
CPD 89-1 and CPD 89-2
Mission Bell Plaza
Dear Mayor and City Council Members:
Reference your staff report dated August 7, 1991 for Mission Bell Plaza's major
modification, Condition 50, which states:
"The applicant shall make a one-time monetary contribution of
$1,795,656.71 to the City's Traffic Management System Fund
consistent with the "buy downs" calculations given in the
Environmental Impact Report. Any additional square footage
proposed for the project site must also pay the applicable APCD
buydown rate. The City of Moorpark shall determine the timing of
payment schedule of these fees prior to issuance of a zoning
clearance."
Also reference your conditions of approval of February 20, 1991, which states:
"The applicant shall make a one-time monetary contribution of
$270,945.00 to the City's Traffic Management System Fund consistent
with the "buy downs" calculations given in the Environmental Impact
Report, and shall make an additional contribution of 5100,000.00 as
agreed to by the applicant consistent with their agreement at the City
Council public hearing of October 17, 1990. Any additional square
footage proposed for the project site must also pay the applicable APCD
buydown rate."
The purpose of this letter is to respectfully submit that the February 20, 1991
condition clearly intends that the new and increased APCD fee structure should
relate only to any increased square footage. The square footage proposed in the
major modification is 265,940 square feet, an increase of 13,448 square feet from the
252,492 square feet previously approved by the City Council.
In all fairness to the City,we would agree that the new APCD fee structure is
$6.75/s.f. ($1,795,656.71 divided by 265,940 sq. ft.). That, multiplied by the
increased square footage of 13,448 square feet, equals $90,800. When added to the
F:1NNS0S79
% ti .
r
• Mayor Paul Lawrson and
Members of the City Council
August 19, 1991
Page 2
$370,945 conditioned on this project at February 20, 1991, the APCD fees would
amount to $461,745 for Mission Bell Plaza with the major modification. This would
include the additional $100,000 payment referenced in the February 20, 1991
condition. This calculation would also be consistent with actions that the Council
has taken previously such as the modification recently completed by Urban West
Communities.
Also, since the fees are based upon traffic generation, we would request that these
APCD fees be paid at the time of building occupancy and allocated on a building by
building basis so that as buildings are occupied (i.e. Kmart, Shops 4, Pad C, Gas
Sales) the applicable fees for that square footage is paid at that time. This would
also be consistent with our phasing proposal.
Si ercly,
ArlOP
//
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