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HomeMy WebLinkAboutAGENDA REPORT 1991 0821 CC REG ITEM 09C ITEM �� C . MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 �f0 J� MEMORANDUM oortPARIc CALIFORNIA Gty / Meeting of 199 / TO: The Honorable City Council ACTIO :L�1� e / FROM: Patrick J. Richards, Director of Community Development /r< / /LZfttn-2 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 f 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 2 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 3 { 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 4 • t 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: 5 • 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 6 • 7 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. 7 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; 8 • - 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. 9 1 0 • 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{ • 10 • IL 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. • 1 • 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 • 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). • 2 ) 3 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. 3 I 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. 4 J5 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. 5 • 16 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. 7 • 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 o;uopeaylpow.4o(ew 10 aoulw a ssalun'was lana)lenoadde ue pue a&eya ou 1e papnpuoa aq IIIM Maynaa pies 7lwiad sygl ;o suoplpuoa pue swag! ay; pue auoz aJD amt g41M algpedwoa sl asn pasodoad am; ;l aulwaalop 04 palanpuoa aq HtM luawdolana0 Alyunwwoj ;O aolaaIIQ ay; Aq Malnaa y •asn 1141 ;o uopepluy 041 0] .o!1d uopduasap ;aa(oad e op; Heys ;ueual anilaadsoad gaea 10 'aauMO 'aa;lnuaad alp aaylla 'Xauednaao ay] ..to; panoadde aaueirap Suluoz 044 ul p0ypads ley] woo; Suua;;lp alis ay] uo paleldwo;uoa ale sasn ao asn due 'a.4nln;0yl u!lI 'LL •luawdolanau Allunwwoj;o luawpeda0 ay;way;nu.4ad asn Aaeaodwa; e ;o leno.4dde annbal sales IleMapls •palllwaod sl spooS jo Aeldsip apyslno oN •aaynlas 14SeM lea pue auioseS ;daaxa Sulppnq a aplsuy ssaulsnq pnpuoa !legs sasn HV '9L •pal;ywuad sl pup!Lue;o aSe.4ols 1ouolxa ON 'sawn He le aauuew Xlaapao pue ;eau a u! pauye;ulew aq !legs alms ag1 uo sasn undo 111410 pue seam Supped 'spleA 'SL 'App ay] ;O uOpae;spes ay; of paysgdwoaae aq Heys lenowaa py;e.4S mans Hy -)pedaooYl ;o Xlll ay; Xq uopeaypou ua11uM woo; sXep (S) any u[yllM py;eaS Aue anow01 !legs suSlsse pue 'snag 'saossaaans sly pue 1ueagdde 0yy 17L •alms pa(gns ay1 uo asn Aue woo; palelauaS aq !legs luawdolanap ;uaae(pe ay; pedwl P1noM goyim slop() snopcou oN '£L •1aluaa wlmaWUZOa s114; ;e yseM lea ay] pue sales seS ay] ueml .40410 aaynlas owe ou aq !legs aaauy 'ZL •u e 00:1 uey;Jaw! ou asop !Hems swanel pue saeq's;ue.4ne;sai I!V 'IL •ure 00:9 pue'w'd 00:0I;o smog alp uaampq papnpuoa aq;au Ilegs suopendo Suppeolun pue Suypeol'sopa/1pap augoseS 1o;ldaax3 '0L •pal;lwlad aq Hems auoz Sulpeol ay] puoXaq s.allell maim 10 slanal-lovas Aue ;o Supped lgtyu.4ano .4o lo! Supped alp uy salalyan /Cue ;o Supped ;gSlu.4ano 'sleualew Niue ;o aSeaols ap!slno oN '69 •alglsln Apeap sulewaa p Imp os pauyelulew aq Hells sXeq Sulpeol pue saaeds Supped 1o; Suydlps 0yy •89 •pannba.4 aq !Hems leno.4dde uoyeaylpoN aoleN e 'sleualew snopaezeq ;o asodsyp.4o Aoidtua mom ssauysnq asogM 13UM0 luanbasgns 10 lump;Aug Xq Aauednaao 01101.41 'L9 •luawdolanap lepaaunuoa pa(gns ay;;o (s).4auMo alp Aq paulg;ulew Xllenupuoa aq !Hems laa(oad syq; ;e lenoadde ;o uoplpuoa a se palle;suy Suydeaspue-1 •uopeayylou nye sXep (9) any u!4;!M luawdolanar Anununuoj;o luawl.4edaQ ay; Aq palealpul se 'aaueualuyew puna ul spajap Aue Apawai o1 pannba1 aq Heys aallyuuad ata •A1ij am] Aq uopaadsuy apaouad 04 laalgns aq Hegs sa4Hpe; pue can 1luuad ay; ;o aaueualuyew panuquoa ayy '99 •slyuuad asapp ;o suopypuoo lie 41yM dldwoa 01 Supaa.4S&pue Su!SpalMounpe(s)uosaad vans Aue woo;101401 a gym aatpaSo; (s)ao;e.4ado 10 (s)aassal '(s)1auMo Mau ag;;O (sa)ssaappe pue (s)aweu ay]luawdolanar Ajlunwwoj ;O loloa1Q 04; 41ym pal!) aq !legs 0.40144 'Suyppnq ;aa(gns 041 ;o (s)aoleaado 10 (s)aassa1 ;O aSueyo 10 d!gsiaumo Xpodo.4d ;o aSuey) Aue 10;;e step (()Dual uey; 10;e1 oN '99 31flVJITddV 3fl TTVHS SNOIIIQNOJ ONIMOTTO3 31I.L 'ADNVdfIDDO JO 3IVJIJLL1I3J V JO 3JNV11SSI 1I3.L1V bl AO 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. 10 • 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. 11 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. 12 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. 13 • 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. 14 • 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. 15 105. 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. 16 • 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. 17 . 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. • 18 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. 19 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 • 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 33 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 • • 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 3(0 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 .3y 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 • 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' aq Ileys ;uawasea siuj -peon gag Lpaq!•l;o 450M ease ;uawasea ssoaae Lauagsawa panedun ue ;o uuo;ay; u!aq geys anuany eaaa!S of anuany uasse-I;o uopaauuoa Apo au,•haul Iug'1!D mg ;o uo!;ae;spes a4; of palana;suoa aq ins suowsuell Laessaaau !iv Iuawdo!anau Lpunwwoj ;o lolaanQ ay;Jo UOgae)84es 04; of palawlsuoa pue paug!sap aq yetis guldeaspuel auj •anuany uasse•l amyl; pue iodate' lauls!p l0oyas a4; uaamlaq Cale ;uowasea ay; guo!e page;su! aq geys uopegua! pue guldeaspuel •palanllsuoa aq yells (guldeaspue! pue Aemaapp '�!lemap!s 'aa;;ng awn) gulpnlau!) sluawanoadw! halls ylplm-nn; aaagm age;uol; I00yag alppiNl 1e.uedegj ay; guole ldaaxa au!µaluaa ;o glaou laa; z; snld auglaluaa ;o 4lnos sluawanoldw! 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Luy •suea;lej pue aaauBug AID ay; ;o uo!lae;s!1es ay; o; papna;suoa pue paug!sap aq yens suomsuea; Laessaaau IIe 'sluawanoadwy anuany salaguy so] hypo wpm uogaunluoa til •pa;!glgwd aq yetis Lemanup ay;;o;no swnl ;;a7 •q pue I aang!d u! umoys se Lemaapp ay; ow! sum; ;Jai molle 0; Lemanup sup jo L;lu!a!n 044 u! purls! padp;s e ap!nosd of gu!du;saa apnlau! IleIS sluawanoadw! anuany salaguy so]pannbal ata•auel punoglno auo pue saue!punoqu!oat;ap!noad of peon Ilag Luaq!7 pue aur] Jllecl uaamlaq aauealua laaload Lemanup urew 044 uglsap geys luea!Idde auj •luawaaage ay; aledaad of sasuadxa legal s,Cl!' ay; Led !!Cys lueagdde ayy •luemelde ay; Xy ma!naa 01 laalgns 'Lawolltl Ll!J ayl Lq paaedaad aq mm luawaaa e aye •;uawaaage pies aal0;ua 10/pue asodw! o; L;!J ayl Lq pannaun s;SOD anllealsru!wpe pue saa; Lauio;e '0; pal!w!! lou lnq gu!pnlau! 'swop legal Ile Led yetis luea!Idde ata •algeawo;ua £penal wawa a4; of ;uea!!dde ay; asinquya1 01 anuany salaguy sol Jo ams q;nos ay; guo!e Llaadold ay;Jo Jadolanap aan;n; ay; uop!puoa 0; gu!aaage ;uealldde ay; 44!m ;uawaaage ue ow! aa;ua ;pm LID au •anuany sa!aguy sol ;o apps 4;nos 041 gum pa;eaol Llladoad ay; 30 (s)aado!anap amyl; a44 Lq pasangwlaa aq Heys anuany salaguy sal ;o aims 4;nos a4l guo!e uol;ls!nbae Lem-;o-101J ay; 01 Su!le!aa ;ueagdde a4l Lq pafnau! sasuadxa ;aanp Amy •sluaw3n01dwr aAgewage ;o u0!;eJap!suoa ao; gaunoD AID o; pawnlaa aq yetis sueld Laeunu!Iaad ay; 'sueld Laeuiwgaad ay; anoadde lou !pm sueal!eJ ;1 •!enoadde pue malaw ao; sueayeJ o; pa;;lwgns aq ;um La4l ya!4m sal;e 'lenoldde pue maw.' Jo; Lpj 041 0; pa;lwgns aq Ilegs ga!4m sueld Laeu!w!Iaad uo ism umoys aq !legs sluawanoadwy anuany salaguy soq gy •(l asng!d aas) peon slag Llaag!] le agea0;s;o pa;OSI;o wnw!unu e gulp!noad laNaod wry ;Op punoglsea ap!m 100; 31 a se Ilam se Valoid ay;Jo ageluol; an;ua alp ssone our;L1e!Ipcne punoglsam e 1o; gu!dlalsal l!waad o; ams y;nos alp guole gu!uap!m Lempeoa lua!ay;ns law;suoa osle lleys lueayddy r1 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 1 , T 1 1 'au1 dnlsiaui 11,1 tbs9-[es,soe) VINHOdIIVO )*JVdHOOIN 2 m' • . 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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 // 1�re/no . Spbndello,,,r'; N "S:efe F:1NNSOS19 .... , 1 , II, ir'llirE.- J., 1__ A 1 • 1 , . if - ,i. 1 ... ..II — , II 1 4%2 .a... .( iol ti d A,. ''' . '- 1 e 1 , 0 , II il t V•it .111.. I .r. ,, .:-4b. s 3111L111t. ilia....: 6" r • I\ .., , f ir . ,,, , -..ifyi '4' '''11, ,_ .. ., ,,-, . , . i Alt z INN . I , • k 11 t 1 t i 1 1 I I • I 11 II - , -- 1 :,• , i . • LA . . • 1 411a. w.,-;,...._ /,., .i • • "S :1" ---,1 ' .'•!_1 'S ' . ( .1( • 1 , %. ilt " 4 I 1 il s 4 ( ... • •- tel rril I •. . I 1 .. .-. I I . 18, . ..) 4 . 1 .., ,.., 004 11, 0 •4-iN.1111100.0.- , , .., • 41. ''—:. 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