HomeMy WebLinkAboutAGENDA REPORT 1991 0904 CC REG ITEM 09B iciu(;),)
ITEM_
MOORPARK. CALIFORNIA
City Council Meeting
of 9r44 1991
MEMORANDUM ACTION:
AC I 3—
TO:
TO: The Honorable City Council B
raw
FROM: Patrick J. Richards, Director of Community Development
DATE: August 28,1991 (City Council Meeting of September 4,1991)
SUBJECT: Staff Report-Continued Public Hearing for CPD 89-1,89-2,TTM 4757
- Major Modification#1 to Mission Bell Plaza -
At the City Council public hearing held August 21, 1991, the Council continued the
above referenced major modification request to the September 4, 1991 City Council
meeting. The request was continued in order for City staff and the applicant to
prepare answers and/or options to unresolved issues discussed by the Council, the
public and the applicant on August 21,1991. The City Council is requested at tonight's
meeting to review the answers/options documented below relative to
questions/comments that were discussed.
Each issue will be briefly discussed below by topic and a recommendation made, if
necessary, which includes options available to the Council which may, if the Council
chooses,be formulated into conditions of approval.
1. General Plan Amendment for the Liberty Bell Avenue extension
This matter will be discussed in a separate memorandum at the September 4, 1991
City Council meeting.
2. Site Plan
• The distance between the proposed "Shops #2"building and the existing home
occupied by Barbara Schultz (located directly west of the proposed "Shops
#2" building) is approximately 65 feet. The distance from the rear side of
Shops #2 to the rear property line is approximately 35 feet.
• The height of the proposed "Shops #2" building will be one story and
approximately 15 feet.
• The height of the proposed slump stone block wall along the subject property's
west property line will be a minimum 8 feet in height. Design of the wall
will be consistent with the project's architectural style. Final design must be
approved by the Director of Community Development. This wall will buffer
noise generated on site and along Liberty Bell Avenue. The wall and proposed
landscaping could block vehicle headlights which may be directed toward
existing residences to the west.
Recommendation: The block wall on the west property boundary should be
constructed prior to any construction on the west side of Liberty
Bell Avenue to screen the adjacent residences from the noise,
dust and visual impacts.
3. Landscape Buffer along West Property Boundary
Landscaping will be installed in the buffer area along the west property boundary.
Height of the landscaping will range from ground cover to vines which will cover the
proposed block wall to deter graffitti to full size canopy trees. Palms trees will be
placed along the frontage of the two main anchor buildings. A conceptual landscape
plan was submitted by the applicant along with the major modification application.
Final determination of the amount, type and location of plants is not determined as of
yet.
Condition #28 of the conditions of approval requires a landscape plan. The final plan
will be approved by the Director of Community Development during the Condition
Compliance process, which takes place after the City Council approves the Major
Modification.
Recommendation: Plant evergreen trees along the perimeter block wall that
will provide further visual buffer between residences and the
shopping center.
4. Noise
Delivery trucks,customer and employee traffic will use Liberty Bell Avenue to access
the site and will make deliveries only during the shopping center's hours of
operation. The original Draft EIR stated that the existing noise level near the future
location of Liberty Bell Avenue is 56 dB(A) Leq, which is within the City's noise
standards of 65 dB(A) Leq. The projected noise, near the Liberty Bell Avenue/Los
Angeles Avenue intersection,once the project is completed,would be approximately 57
dB(A) Leq.
5. Proposed Uses in Shops #2 building and Retail"A"
Uses which are permitted would be regulated by the zoning ordinance. Uses such as
video arcades would require a Conditional Use Permit while liquor sales would
require a minor modification to the CPD permit.
6. Grading
It is anticipated that all site grading would occur in one phase over the entire project
site(including phases 1,2,and 3)for a period of approximately 3 to 4 weeks (Monday
through Saturday, 7:00 am to 7:00 pm) during the winter months. Dust control
measures (included in the conditions of approval) are required by the Air Pollution
Control District and City Engineer throughout the grading operation. Control
measures are in the form of watering or other dust control measures readily available
available (including reclaimed water) and a stop to grading work when wind speeds
exceed 20 mph over a one hour period.
7. Lighting
Parking lot and security lighting will be "house shield" style and will be hooded to
avoid light spillage to adjacent properties.
Condition #39 of the conditions of approval requires a lighting plan to be prepared by
a licensed electrical engineer. The plan will include an analysis of projected light
spillage on adjacent properties. The lighting plan will be approved by the Director of
Comunity Development during the Condition Compliance process, which takes place
after the City Council approves the Major Modification.
8. Security
The Shopping Center Tenants Association will provide on-site private security during
hours of operation. The Moorpark Police Department will provide security during the
center's non-operational hours.
Recommendation: The site shall be posted with "No loitering" signs.
9. Signage
Condition#19 of the conditions of approval requires a signage program to be prepared
by the applicant. A City Council subcommittee met on August 26, 1991 to determine
the adequecy of the applicant's conceptual sign plan. The subcommitte determined
the following:
A. A maximum total of two 6 foot by 8 foot monument signs will be
permitted for the two major anchor tenants.
B. A maximum of four 4 foot by 6 foot monument signs will be permitted
for single use tenants.
C. Lighting for the signs may be external or internal,and individual
channel letters must be used( all the same type).
This plan will be approved by the Director of Comunity Development during the
Condition Compliance process, which takes place after the City Council approves the
Major Modification.
10. Payment of public agency improvements fees
Recommendation: These fees (i.e. school district, parks, sewer,water, etc.) could
be prorated by phase and paid prior to issuance of building
permit.
11. Parking
All parking will be provided on-site. No off-site parking will be permitted.
Several options exist in reference to the required amount of parking and the location of
parking spaces for each phase. The applicant for Phase 1 (Ventura Pacific Capital
Corporation) is currently not able to place all required parking spaces within the
boundaries of Phase 1 (using the previous zoning code requirement of 1 space per 300
square feet of retail space). Therefore, the following options are recommended to the
City Council.
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$370,945.00 + $197,522.24 = $568,467.24. A statement of overriding
considerations for this strategy must also be adopted, in conjunction
with the certification of the EIR, since the full implementation of the
APCD's impact fee is not being imposed and the air quality impacts of
the project, therefore, are not being fully mitigated.
C. The applicant recommends the original fee of $370,945.00, plus a
percentage of the $1,795,656.71 fee based on the additional 19,665
square feet of building area proposed. That is,the cost per square foot
for the new $1,795,656.71 APCD fee for the 265,940 square foot
shopping center is$6.75 per square foot. Applying the fee only to the
additional 19,665 square feet for the new project gives 19,665 sq. ft. X
$6.75 =$132,738.75. Thus,$370,945.00+ $132,738.75 = $503,683.75. A
statement of overriding considerations for this strategy must also be
adopted, in conjunction with the certification of the EIR, since the full
implementation of the APCD's impact fee is not being imposed and
the air quality impacts of the project, therefore, are not being fully
mitigated.
Recommendations
01 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 September 4, 1991 City Council meeting and during the 45 day
draft EIR review period and to finalize the conditions of approval.
V 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 and continue the
request to a later meeting.
Exhibits:
1. Exhibit A: CPD 89-1,89-2 Conditions of Approval
2. Exhibit B: TTM 4757 Conditions of Approval
EXHIBIT A
CPD 89-1 AND 89-2 -MAJOR MODIFICATION#1
CONDITIONS OF APPROVAL
September 18,1991
"Note: Wording in italics represents original language to be changed, wording in bold and underline
represents new proposed language.
DEPARTMENT OF O nv1n D OPMEN r ONDI I IONS
GENERAL REQUIREMENTS
1. The permit is granted for the land and major modification to the original project (original
project approved October 17.1990)as shown on the final plot plans and elevations approved by
the City Council on September 18.1991. The location and design of all site improvements shall
be as shown on the approved plot and elevations except or unless indicated otherwise herein.
2. The development is subject to all applicable regulations of the CPD Zone and all agencies of the
State,Ventura County, the City of Moorpark and any other governmental entities.
3. Unless the project is inaugurated (building foundation slab in place and substantial work in
progress) not later than one year after this permit is granted, this permit shall automatically
expire on that date. The Director of Community Development may,at his discretion,grant up
to one(1)additional year extension for project inauguration if there have been no changes in the
adjacent areas and if applicant can document that he has diligently worked towards
inauguration of the project during the initial one-year period.
4. All facilities and uses other than those specifically requested in the application are
prohibited unless a modification application has been approved by the City of Moorpark. Any
minor changes to this permit shall require the submittal of an application for a minor
modification and any major changes to this permit shall require the submittal of a major
modification as determined by the Director of Community Development.
5. The design, maintenance, and operation of the permit area and facilities thereon shall comply
with all applicable requirements and enactments of Federal, State, County, and City
authorities,and all such requirements and enactments shall,by reference,become conditions of
this permit.
6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation
of law or any unlawful rules or regulations or orders of an authorized governmental agency. In
instances where more than one set of rules apply,the stricter ones shall take precedence.
7. If any of the conditions or limitations of this permit are held to invalid, that holding shall not
invalidate any of the remaining conditions or limitations set forth.
8. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole
expense,any action brought against the City because of issuance(or renewal)of this permit or in
the alternative to relinquish this permit. Permittee will reimburse the City of any court costs
and /or attorney's fees which the City may be required by court to pay as a result of any such
action. The City, may, as its sole discretion, participate in the defense of any such action,but
such participation shall not relieve permittee of his obligations under this condition.
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9. Prior to submission of construction plans for plan check or initiation of any construction activity,
a zoning clearance shall be obtained from the Department of Community Development.
Applicant may submit building construction plans to Department of Building and Safety with a
City approved Hold Harmless Agreement.
10. This Major Modification #1.to the Commercial Planned Development Permit shall expire when
the use for which it is granted is discontinued for a period of 180 or more consecutive days.
11. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of
the subject building,or the owner's representative shall apply for a Zoning Clearance from the
Department of Community Development.
12. The Director of Community Development, or his designee, shall have the authority to
conditionally approve or deny a Zoning Clearance request for tenant occupancy consistent with
Article 45 of the Zoning Code. The cost of the Zoning Clearance shall be borne by the applicant
for tenant occupancy.
13. The permittee's acceptance of this permit and/or commencement of construction and/or
operations under this permit shall be deemed acceptance of all conditions of this permit.
14. If any archaeological or historical artifacts are uncovered during excavation operations the
permittee shall assure the preservation of the site, shall obtain the services of a qualified
archaeologist to recommend proper disposition of the site, and shall obtain the Director of
Community Development's written concurrence of the recommended disposition before resuming
development. Should human burial remains be encountered during any grading or excavation
activities, the permittee shall cease operation and shall notify in writing the Community
Development Department staff. Following notification, the permittee shall obtain the
services of a qualified archaeological consultant and Native American Monitor(s) who shall
assess the situation and recommend proper disposition of the site as approved by the Director of
Community Development.
15. No later than ten (10) days after change of ownership or lessee of this property, the Director of
Community Development shall be notified, in writing, of the new owner or lessee. The same
letter shall state that the new owner or lessee has read all conditions pertaining to this Permit
and agrees with said conditions.
16. Within two days after approval of the project by the City Council.the applicant shall deposit
with the City a check for $850.00 plus a 525.00 filing fee made payable to the County of
Ventura. This fee is for the State Department of Fish and Came required Notice of
Determination filing fee in accordance with Assembly Bill 3158. for the management and
17. DELETE Approval of the upper commercial project (north of the landscape buffer) is for the
general footprint and types of land uses only. Approval of parking, setbacks, landscaping,
elevations and additional land uses shall require the filing of a major modification to CPD 89-1
and 2.
18. Any appropriate conditions for Tentative Tract Map 4757 that are applicable to the
Commercial Planned Development Permit (Major Modification) shall be incorporated by
reference in the conditions of approval for CPD 89-1,89-2(Major Modification).
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PRIOR TO ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
19. Prior to issuance of a Zoning Clearance,a comprehensive sign program for the shopping center
shall be submitted to the Department of Community Development. The sign program shall be
designed to provide a uniform sign arrangement and design. Only individual channel letters
shall be allowed. No lighted window signs will be allowed. The sign program shall be
approved by the Director of Community Development or his designee prior to the issuance of a
Zoning Clearance. All new lessees shall conform to the approved sign program and be required
to obtain a sign permit from the Community Development Department. Monument signs shall be
limited to Los Angeles Avenue, Park Lane, and Liberty Bell Avenue and shall be externally
lighted.
20. Prior to issuance of a Zoning Clearance, a Surety Performance Bond in the amount of$10,000
shall be filed and accepted by the Director of Community Development. The Director of
Community Development may, through a public hearing to be heard before the City Council,
recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance
of the conditions of approval,orfor some other just cause. This condition shall automatically be
superseded by a related resolution or ordinance regarding condition compliance for entitlement
approvals as adopted by the City Council.
21. Prior to the issuance of a Zoning Clearance, the applicant shall pay all outstanding case
processing (planning and engineering), environmental impact report preparation costs, and all
City legal service fees be paid for the Major Modification #1 to CPD 89-1 and 89-2 and TTM
4757.
22. Prior to the issuance of a Zoning Clearance, the applicant shall deposit fees pursuant to City
Resolution No.89-605 for condition compliance review.
23. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating
awareness and understanding of all permit conditions, and shall agree to abide by these
conditions.
24. Exterior pedestrian trash receptacles in the walk areas shall be provided. The elevations of
these receptacles shall be depicted on the plan and shall be approved by the Director of
Community Development or his designee.
25. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional
one-half foot of width must be provided for parking spaces located adjacent to a wall. If the,
project is constructed in three phases as proposed. the parking lot for that phase shall be
designed and constructed to City Engineering and toning Code standards as approved by the
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buildine_sguare footage and uses proposed within each phase.prior to issuance of occupancy of
any tenant spaces. Required access to all parking spaces shall be approved by both,the City
EnginezundnirectoutCommunity_Dexelopment
26. The existing plans shall be revised by the applicant and approved by the Director of
Community Development. The following revisions shall be made:
a. Only one driveway from Los Angeles Avenue shall be permitted.
b. The proposed tower sign shall be eliminated.
c. A 20 foot landscape setback(not including the public right-of-way) shall be provided along
Los Angeles Avenue, Liberty Bell Avenue, Park Lane and Lassen Avenue which shall
include walls and wrought iron fences approved by the Director of Community
Development
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d. Trash areas and recycling bins shall be depicted on the construction plans,the size of which
shall be approved by the Director of Community and City employee responsible for recycle
/solid waste management programs.
27. The final construction working drawings shall be submitted to the Director of Community
Development.
28. Complete landscape plans (3 sets), together with specifications and a maintenance program
shall be prepared by a State Licensed Landscape Architect, generally in accordance with
Ventura County Guide to Landscape Plans and in compliance with City of Moorpark Ordinance
No. 74,and shall be submitted to the Director of Community Development. The final landscape
plans shall be in substantial conformance to the conceptual landscape plan review and final
installation inspection. The landscaping, planting and walls/wrought iron fence plan
submitted for review and approval shall be accompanied by a deposit as specified by the City
of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape
plan check and inspection fees. if the project is constructed in three phases a proposed. the
City Engin er and Director of Community Development standards.prior to issuance of occupancy
of n tenant spaces. All other areas that are graded but not developed shall be seeded to
reduce soil erosion and dust All landscaping, planting, wall and fence design shall be
accomplished and approved by the Director of Community Development,or his designee,prior
to the approval of occupancy. The project plans shall include the following:
a. A 50 percent shade coverage shall be provided within all parking areas. Shade coverage is
described as the maximum mid-day shaded area defined by a selected specimen tree at 50
percent maturity.
b. Any turf plantings associated with this project shall be drought tolerant, low-water using
varieties.
c. Landscaping at site entrances and exits and at any intersection within the parking lot shall
not block or screen the view of seated driver from another moving vehicle or pedestrian.
d. Plantings in and adjacent to parking areas shall be contained within raised planters
surrounded by six-inch high concrete curbs.
e. Landscaping shall be designed so as to not obstruct the view of any exterior door or window
from the street.
f. Landscaping (trees) shall not be placed directly under any overhead lighting which could
cause a loss of light at ground level.
g. Earthen berms and shrub planting shall be provided to screen view of parked vehicles from
access roads.
h.Landscaping shall be used to screen views of any backflow preventers.
i. The emergency access easement area between Sierra Avenue and Liberty Bell Road shall be
landscaped to the satisfaction of the Director of Community Development. This easement
shall be located directly adjacent to the public right-of-way.
29. Prior to issuance for a Zoning Clearance, the transformer and cross connection water control
devices shall be shown on the plot plan and shall be screened with landscaping or a wall.
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30. Roof design and construction shall include a minimum 18-inch extension of the parapet wall
above the highest point of the roof.
31. All roof mounted equipment(vents,stacks,blowers,air conditioning equipment,etc.) that may
extend above any parapet wall shall be enclosed on all four sides by view obscuring material of
similar color and material used in the construction of all buildings. Prior to issuance of a zoning
clearance, the final design and materials for the roof screen and location of any roof mounted
equipment shall be shown on the plot plan and must be approved by the Director of Community
Development. All screening shall be maintained during the life of the permit.
32. All trash disposal areas shall be provided in a location which will not interfere with
circulation, parking, or access to the building and shall be screened with a six foot high, solid
wall enclosure with metal gates. The final design of the trash enclosure shall be subject to the
approval of the Director of Community Development prior to the issuance of a zoning clearance.
Pipe guards shall be eliminated around typical trash enclosures. Trash area shall provide for
recycle bins as approved by the City.
33. Pullover parking (overhangs) shall be limited to 24 inches maximum. No vehicles shall be
allowed to encroach onto walkways or into the required landscaped setbacks along roadways.
34. A 45 foot turning radius shall be provided for the loading zone consistent with the AASHO
WB-50 design vehicle. Prior to issuance of a zoning clearance, the applicant shall identify the
required truck radius on a copy of the site plan.
35. The applicant shall provide a minimum of 25 feet from the entry doorway of a major tenant to a
travel lane.
36. The applicant shall provide a main entry which does not allow parking stalls to back out into a
main travel lane.
37. All property line walls shall be no further than one inch from any property line.
38. The buildings shall be constructed employing energy-saving devices. These shall include those
devices required by California Administrative Code,Title 24.
39. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered
in the State of California and submitted to the Department of Community Development for
review and approval. The lighting plan shall achieve the following objectives: Avoid
interference with reasonable use of adjoining properties; minimize on-site and off-site glare;
provide adequate on-site lighting; limit electroliers height to avoid excessive illumination;
and provide structures which are compatible with the total design of the proposed facility.
The lighting plan should include the following:
a. A photometric plan showing a point-by-point foot candle layout to extend a minimum of
twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid
center. Down lighting and accent landscape and building lighting shall be employed
throughout the project.
b. Maximum overall height of fixtures shall be fourteen (14) feet or as otherwise approved by
the Community Development Director.
c. Fixtures must possess sharp cut-off qualities with maximum of one foot candle illumination
at property lines.
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d. There shall be no more than a seven-to-one (7:1) ratio of level of illumination shown
(maximum-to-minimum ratio between lighting standards).
e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent
properties.
f. A minimum of one,and a maximum of two foot candle illumination with a 1.5 foot candle
average,or as otherwise approved by the Community Development Director. No over-lighting
of the center shall occur.
g. No light shall be emitted above the 90 degree or horizontal plane.
h. Light standards in the parking lot shall be shielded and directed downward to avoid light
and glare on neighboring properties.
40. A utility room with common access to house all meters and the roof ladder shall be provided.
No exterior access ladder of any kind shall be permitted.
41. No downspouts shall be permitted on exterior of the building.
42. All exterior building materials and paint colors shall be approved by the Director of the
Community Development Department to ensure compatibility with adjacent development.
43. All exterior newspaper racks shall be painted dark brown in color and shall meet all other
criteria identified in the Zoning Ordinance.
44. No asbestos pipe or construction materials shall be used without prior approval of the City
Council.
45. The applicant shall record a covenant agreeing not to protest the formation of an underground
utility assessment district.
46. All existing and proposed utilities are required to be undergrounded to the nearest off-site
utility pole except through transmission lines. This requirement for undergrounding includes all
above ground power poles on the project site and those along the frontage of the site in the
Caltrans right-of-way. Prior to the issuance of a zoning clearance, the applicant shall submit a
plan for review and approval to the Director of Community Development which identifies how
compliance with the undergrounding requirement will be met.
47. If skylights are proposed, the specific type and model must be approved by the Director of
Community Development to ensure that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
48. In recognition of the need for public street and traffic improvements to meet the demand
generated by cumulative development in the City, the applicant shall, prior to issuance of a
zoning dearance,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.
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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 51.795.656.71 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 17, 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 timing of
payment schedule of these fees prior to issuance of a coning clearance
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 clearly depicted
mi 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 •'Y _ 1 ' 1 1 11 1 1 , 1 l ! '. 11 11 y. 141 I ll
by the City Engineer and Director of Community Development and include the required number
of bicycle parking spaces for the building square footage and uses proposed within each phase
I I1. 11 1 ' 1 I.k11. 1 , 1 % 1 .. 1 1' 1 , 1 . 1l! 1 ' U 1 1 ' 11 1 1 ! '
55. If any archaeological or historic finds are uncovered during excavation operations, the
permittee shall assure the preservation of the site; shall obtain the services of a qualified
archaeologist to recommend disposition of the site;and shall obtain the Director of Community
Development's written concurrence of the recommended disposition before resuming
development.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
56. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from
Ventura County Waterworks District No. 1.
57. The applicant shall pay all school assessment fees levied by the Moorpark Unified School
District.
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PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
58. A landscape and irrigation plan shall be submitted fnr review and approval prior to issuance of
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. Jf the project is constructed in three
. o • a, 4 4', • , • , '•, . , . . ., 41• 4.% . . 1 1 14 4 1 • 0.1 . r . • 4.0 .
prior to issuance of occuTfy of any tenant spaces. All other areas that are graded but not
CommunityDevelopment 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. No Certificate of Occupancy shall be granted prior to acceptance or completion of landscaping
. . 1a 4" 444 4 .1 1 .. 1 . 141 . • 4 4 • 4 Y4 4( . 4.41 .. 14 . . . '
recreational facilities. etc. Said on-site improvements shall be completed within 120 days of
♦" 11 - 4. ( 4' . *A . 1 % 1 " 4 4- . . ., . .I , , ,' ..1 . . ... . . 1 .
this condition. the City Council may. by resolution,jleclare the surety forfeited. Upon
reduce the amount of the bond:however,the bond must be kept in full effect for one year after
the last occupancy to guarantee that items such as perimeter tract walls (including shirr&
treatment),landscaping.fences.slope planting or other landscape improvements not related to
'1 ' . 4 4' 4,1' . . , . . •. . . .4 .', ,'1 . .
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.
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AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS
SHALL BE APPLICABLE:
65. No later than ten(10) days after any change of property ownership or change of lessee(s) or
operator(s) of the subject building, there shall be filed with the Director of Community
Development the name(s)and address(es)of the new owner(s),lessee(s)or operator(s)together
with a letter from any such person(s)acknowledging and agreeing to comply with all conditions
of these permits.
66. The continued maintenance of the permit area and facilities shall be subject to periodic
inspection by the City. The permittee shall be required to remedy any defects in ground
maintenance,as indicated by the Department of Community Development within five (5) days
after notification. Landscaping installed as a condition of approval at this project shall be
continually maintained by the owner(s)of the subject commercial development.
67. Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of
hazardous materials, a Major Modification approval shall be required.
68. The striping for parking spaces and loading bays shall be maintained so that it remains dearly
visible.
69. No outside storage of any materials, overnight parking of any vehicles in the parking lot, or
overnight parking of any semi-trucks or truck trailers beyond the loading zone shall be
permitted.
70. Except for gasoline deliveries,loading and unloading operations shall not be conducted between
the hours of 10:00 p.m.and 6:00 a.m.
71. All restaurants,bars and taverns shall close no later than 1:00 a.m.
72. There shall be no auto service other than the gas sales and the car wash at this commercial
center.
73. No noxious odors which would impact the adjacent development shall be generated from any
use on the subject site.
74. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5)
days from written notification by the City of Moorpark. All such graffiti removal shall be
accomplished to the satisfaction of the City.
75. Yards, parking areas and other open uses on the site shall be maintained in a neat and orderly
manner at all times. No exterior storage of any kind is permitted.
76. All uses shall conduct business inside a building except gasoline and car wash service. No
outside display of goods is permitted. Sidewalk sales require approval of a temporary use
permit from the Department of Community Development.
77. If in the future,any use or uses are contemplated on the site differing from that specified in the
zoning clearance approved for the occupancy,either the permittee,owner,or each prospective
tenant shall file a project description prior to the initiation of the use. A review by the
Director of Community Development will be conducted to determine if the proposed use is
compatible with the CPD Zone and the terms and conditions of this permit. Said review will
be conducted at no charge and an approval letter sent,unless a minor or major modification to
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the Planned Development is required, in which case all applicable fees and procedures shall
apply.
78. All exterior eating and seating areas shall be accomplished with the approval of a minor
modification approval process.
79. No shopping carts or merchandise shall be stored in any pedestrian walkway areas including
the exterior area in front of the proposed major market. The location of the shopping cart
. . . a . . . . . .. q . . I . . .. . A sidewalk sale shall require
Community Development Department approval of a temporary use permit.
CITY ENGINEFR'S CONDmONS
PRIOR TO ZONE CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
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 administative costs.
83. The applicant shall submit to the City for review and approval, street improvement plans
prepared by a registered civil engineer; shall enter into an agreement with the City to complete
the improvements; and shall post sufficient surety guaranteeing the construction of the
improvements. Any necessary right-of-way acquisition necessary to complete the required
improvements will be acquired by the applicant at their expense.
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The improvements shall include concrete curb and gutter, sidewalk, striped bike path, street
lights, traffic signals, striping and signing, traffic control, paving, and any necessary
transitions to the satisfaction of the City Engineer. 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.
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 make an irrevocable offer of dedication of an additional 9 feet across the
frontage of the project. The City may, in the future, elect to accept this dedication to provide
for construction of additional requirements.
The applicant shall design the main driveway project entrance between Park Lane and Liberty
Bell Road to provide one inbound lane and one outbound lane.The required Los Angeles Avenue
improvements shall include restriping to provide a striped island in the vicinity of this
driveway thereby prohibiting left turns in or out of this driveway.
In conjunction with other Los Angeles Avenue improvements, all necessary transitions shall be
designed and constructed to the satisfaction of the City Engineer and Caltrans. Any
improvements constructed by the City with Los Angeles Avenue Area of Contribution funds that
would normally be the responsibility of the applicant shall be offset by special contributions to
the Los Angeles Avenue Area of Contribution fund.
b. Liberty,Bell Road per Plate B-3D and shall be designed and constructed to align with
the ultimate Liberty Bell Road alignment south of Los Angeles Avenue.The Liberty Bell Road -
Los Angeles Avenue intersection must be designed and constructed to provide for necessary
turning pockets and must be reviewed and approved by the City Engineer prior to recordation so
that the dedication of right-of-way on the map will be the ultimate right-of-way dedication.
Liberty Bell Road will be a variable width street, with all elements designed to the
satisfaction of the City Engineer. A conceptual configuration of the proposed improvements is
shown in the attached Figure 2. Although it is intended that the concept shown on this figure
11
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/ 7
be implemented, it is understood that final plan details such as transition design may vary
from that shown in the figure.
c. Lassen Avenue per Plate B-5A, modified to have 56 feet of right-of-way to match the
existing, previously dedicated, alignment per Parcel Map No. 3781 on the easterly portion of
the project site. Lassen Avenue shall have a 6 foot sidewalk and 4 foot landscaped area on the
south side, within the 8 foot parkway area and a 2 foot landscape and pedestrian easement. All
improvements south of centerline plus 12 feet north of centerline except along the Chaparral
Middle School frontage where full-width street improvements (including curb, gutter,
sidewalk,driveway and landscaping) shall be constructed. Landscaping and irrigation shall be
installed along the easement area between the school district property and future Lassen
Avenue.The landscaping shall be designed and constructed to the satisfaction of the Director of
Community Development. All necessary transitions shall be constructed to the satisfaction of
the City Engineer.The only connection of Lassen Avenue to Sierra Avenue shall be in the form of
an unpaved emergency access easement area west of Liberty Bell Road. This easement shall be
to the satisfaction of the City Engineer, the Director of Community Development, the Sheriffs
Department and the Fire Department.The connection of Lassen Avenue to Liberty Bell Avenue
shall be in the form of a knuckle per City standard.
d. Although not a requirement of this development, it is noted for future reference that
any future street intersecting Lassen Avenue in the vicinity of the traffic circle servicing the
proposed office buildings east of Liberty Bell Road shall not be offset from the traffic circle.
e. Park Lane per Plate B-3D, modified west of centerline to have 28 foot right-of-way,20
foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway
area and a 4 foot landscape and pedestrian easement; with the portion of Park Lane located
within 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.
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/ i
84. The applicant shall demonstrate feasible access during a 10-year frequency storm for each
building pad to the satisfaction of the City Engineer.
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, Corneae 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.
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• 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.
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 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.
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-Patk Lane.
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 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.
98. 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.
99. 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:
100. 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.
101. 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 Sheriff's Department, and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has been issued by all of these agencies.
102. Where roads are to be built requiring 4 or more inches of pavement, applicant shall construct
the required street section minus I-inch of paving as an interim condition until all utility cuts or
trenching is completed. The final 1-inch cap of asphalt shall be placed after all necessary
trenching is completed.
103. 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.
104. 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.
15
a �
PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
105. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of
this condition.
106. 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.
107. The Los Angeles Avenue - Liberty Bell Avenue traffic signal shall be operational prior to any
occupancy for this project.
108. 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:
109. 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.
110. 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.
111. Reproducible centerline tie sheets shall be submitted to the City Engineer's office.
112. The applicant shall file for a time extension with the City Engineer's office at least six weeks
in advance of expiration of the agreement to construct subdivision improvements. The fees
required will be in conformance with the applicable ordinance section.
MOORPARK POI WE DEPARTA4FNT CONDTTIONR
DURING CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY:
113. 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.
114. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause
a loss of light at ground level.
16
115. All entrance/exit driveways shall be a minimum of 30 feet in width.
116. 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.
117. 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.
118. Address shall be clearly visible to approaching emergency vehicles and shall be mounted
against a contrasting color.
119. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc.
120. 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.
121. 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:
122. 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.
123. 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.
124. Building plans of all A,E,I and H occupancies shall be submitted to the Ventura County Bureau
of Fire Prevention for plan check.
125. The applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for
approval of the location of fire lanes.
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
126. 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.
17
.R3•
PRIOR TO CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY:
127. 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.
128. 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.
129. All grass or bush exposing any structures shall be cleared for distance of 100 feet prior to
framing,according to the Ventura County Weed Abatement Ordinance.
PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
130. 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.
131. 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.
132. Fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and
Article 10 of the Uniform Fire Code.
133. 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.
VENTURA COUNTY WATERWORKS DISTRICT NO.1 CONDITIONS
GENERAL REQUIREMENT:
134. 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.
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PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
135. 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 HEAT,TH DIVISION roNDITIONS
PRIOR TO ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
136. 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
a?-5-
Mitigations Measures for the Supplemental ELK
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 engin er to phase and schedule construction activities to avoid high ozone days,
6. Engineering specifications to require that the site development contractors) make face masks
available to all employees involved in grading operations during dry periods to reduce inb alati n
. . , , •S t $ 1 . 1 . l l ' . , , . 1.. 1
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.
to completed cut and fill areas
20
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 � , ' ' "-V ' .. :11 ' . a . .'C 1 1 . q1 . 11 M1 . 11d• . • . . .
by windvehicular activities,water runoffetc.) which may have accumulated from construe
•1. . : S. . ..' • , Y . ,' y " . S. - . :. . . " . !•. . . 1 1 1 - Y .1 . :. 1 . i
. 4. 1 . . . . . . . . . . .. .6 1I. • .• 46 . , . •' .•4 • . . . , . . . J • . . 1 .1
duaL
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. • • ', . . i. • . _ '1 , . C ! , 1 . ., , . , . 1 . . , 1 . 11 1
6.14! •. ..6•0•1 , 1 ! •I . U . ' • 1 . 11 .. 1 . 11• l P . 1;; . . g. 1. . .. 1 . 6+ '
emission,and use low sulfur fuel for construction equipment,
15. Engineering specifications to require that site development contractor(s) keep all grading and
construction equipment on or near the site until the site preparation phase of the proposed project is
completed.
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
•1 . . 1 . . , I I_ I" • .. • - ' • .,. 4 . , 1 ' 1• . I . ., y • I - _ . .. I
. . , I . • 41 •• :'• , . "', 11u .... 1 11 16 1 111 1 11 _. _t .
they are successfuL While it is not feasible to require the project applicant to establish a TDM
program for the project site as future tenants of the site are yet unknown. the following
recommended mitigation measures can be implemented by the project applicant and can contribute
towards the reduction of project-related air quality impacts.though the impacts will not be fully
mitigated below a level of significance.
16. Applicant to prepare CC&Rs that would require future ownersltenants of each lot.who employ
twenty or more full-time employees.to do the following;
• provide preferential parking for carpooling groups with the location approved by the City's
Direct.+*of o m.nip!Develop m n
• enroll in the County's Commuter Computer program which provides computerized rideshare
matching services
17. Prior to occupancy. Ventura County APCI) to review all uses to ensure compliance with the
California Health and Safety Code (Section 44300 et seq.) regarding the use, storage. and
• y . •. 1 •' • • I • i. . . ./ '• 1 ,60111 . ' 11_ 1 . 1 . , ' 60 '. • . •
18. All project tenants with greater than 50 employees will be required to comply with APCD Rule 210
1
1/•• ..1 .41 • . l• • •I 1 • 11 Oh. . 't ' 1 1 .. . 1 • . . . , • •,. 1 ..
a trip reduction plan containing strategies to reduce the number of solo drivers commuting to the
worksite. The target is to meet a specific average vehicle ridershipiAVRb f 1 45. This will he
Increased to 1.5 after 1997. Such a plan can reduce total project-generated emissions by
21
a7
following trip reduction me s ures:
- Direct financial incentives for employees who carpooL vanpooL buspool.or use public facilities.
- • a ll l' x a. i• .w • .1i1 ' • 1. . . • . 1 . • . 01 • Jt . 11 ' .- III . YKI .r I •.
•
- .. 1. • . •. i • 1 1 n •1 1 1 . l 1 . . .. ' I I , • . . . . • • .I . i 1 •
empl .e
- Preferential parking for ridesharing vehicles
- Facility improvements which provide preferential access and/or egress for ridesharine vehicles,
- Personal rideshare matching and/or active use of computerised rideshare matching service such as
Commuter Computet
- A guaranteed-ride-home program for ridesharing employees in emergency situations.
- An on-site day care facility
- Facility improvements to encourage hiryrling and walking(showers,bicycle racks or lockers.etc.),
- flexible work schedules for transit users.bicyclists.and pedestrians,
- Compressed work weeks such as 4/40 or a 9/80 or a 3/36 work schedule where employees report to
work fewer days during a two week period,but for longer work shifts,than employees who worm{
five 8-hour days per week.
- Telecommuting(ire..working at home)one or more days per week.
• • • • • •1 • . ' • . ' 1, a I ' 1 . 1 11 . 1 • ' 1 1 • , 1 " . 1 1 . • I •-' . 1•
Administrator at APCD. by maiL that the firm is to begin operation,prior to zoning clearance
• • • : a" • \Il • . • It I ' . • '1 ' 1 . I . • • 1 I " I .. 1 . 4 ! . 1 . . ' 1 1 .1
M com=lette andd implement their plan
19.A representative of the Mr Pollution Control District will conduct an annual air quality education
program on site to alert employees to any new developments in air quality information. This
measure shall be coordinated through the APCD
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 _ ' i. a . •• , r Silt" 1 i. 1 . -. II •I 11. 1 . " . 1 • " 1 " J . I • • 1. 11 • _ . 1 I '
• 1 1 •• I " • l l '•l • 1 , 1 • •1 . U . . I 1 • • •• • sr .!'
jf public transit is extended into the project frontagelocation to be approved by the City Of
Moorpark nd alts ns.
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. 1 1 1 i. r •1 . • 1 • '•r • . , . . . . . . . I. . 1 . 1/ " .1 1 On \/ t 1 •
The estimated contribution to off-site TDM funds for the proposed project is based on the total net
increase in estimated emissio s for h proi
22
Table 6
Funding for Ridesharing
Cost/Pound Cost/Pound
Yeaz of ROC Reduced' of NON Reduced'
1988 $ 438 $ 2.27
1989 $ 5.17 $ 234
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 $ 330
1996 $ 9.47 $ 4.10
1997 $10.10 $ 432
1998 $10.77 $ 4.55
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 Analpcec4 (Ventura: Adopted 24 October 1989), p. 7-18.
1The 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
proiect buildout,' 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 contributign
is considered to have sufficiently reduced the significant environmental impact? The fee
calculations are provided in Appendix A of this document and are summarized in Table 7,
As shown in Table 7.31.795.656.71 would be the required off-site TDM fee.if no emission offsets cap
be obtained. The City of Moorpark may allow this amount to be paid over a three year period itt
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 he finds.
A. The approving jurisdiction should determine the basis for collection and how the funds are to he
spent The funds should be spent or committed to a project within five years of receipt of the
funds.
1Guidelines for the Preparation of Air Quality Impact Analyses p.5-2. Commercial/office developments usually
operate 308 to 359 days per year.
2Guidelines for the Preparation of Air Ouality Impact Analyses p.7-20.
31bid.,pp.7-21 to 7-22.
23
B. TOM funds must be used for projects or prr)grams in the airshed in which the proposed project
will be located(i.e..the Oxnard Plain Airshed). Ridesharing arrangements or public transit
af.thellinds.
Table 7
Off-Site TDM Contributions
ffi2C hips
1995 $ 560,906.12 $ 389,80443
1996 $ 597,500.67 $ 409,794.61
1997 $ 637.249.92 $ 43178359
$ 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 establish a TDM fund to receive and hold the funds until such
jute as the funds are spent on an approved project or program,
D. TDM funds should not be used for traffic engineering projects.including signal synchronization.
intersection improvements.and channelization.as the benefits from these projects are
primarily traffic-related and not air quality-related
Noise
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 approved 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
30
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
25
•
31
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. 1 adopted Water Conservation
.. • .• •.'e • • , *I - •. - .e , a - - . . ❑ • 1 • i.n...
Storm Drainage
53. On-site detention basins should be incorporated into the proposed site plan. The use of landscape
mounding within the landscape medians planned throughout the proposed parking areas, with
area drains placed in a sump condition, would allow for some storage.
Solid Waste
54. To encourage future residents and tenants of the proposed project to contribute materials for
recycling, design considerations shall be included in each development component that would
provide adequate space and facilities for the storage and transfer of recyclable materials.
55. A waste reduction and recycling plan shall he submitted to and approved by the City of Moorpark
Community Development Department.prior to occupancy of the main tenant buildings. The plan
'1 •' 1 _ '1 • y 1 II • . 1 1 '• - 1 1' '. 1 • . �-'' a ..
materials recycling programs. This shall include the acquiring of storage bins for the separation of
recyclable materials and coordination and maintenance of a curbside pick-up schedule. These
56. The developer shall require(in the construction specification and bid package)insulation and other
bulldinganaterials made of recycled materials. to the extent possible.to increase the demand for
(a-nd value of)recyclable¢.
57. i. . • . , . . .. • , . , . 11 NI 41 1 •. . . • , I y'I1 1 . ,. le • 1 1
accommodate trash separation bins for recyclable.;in addition to those for non-recyclahles. The site
plan shall depict these areas. which will be approved by the Community Development
Department.prior to zoning llear�.
58. The City's Building Official will verify that trash compactors are installed for non-recyclables.
wherever feasible on the proiect site.
Visual/Architecture
prior to Zone Clearance,that ensures that a sufficient amount of tall and rapidly growing trees
and/or shrubs, in minimum 24-inch size box containers, are planted along the western site boundary
to minimize the glare impacts and the loss of privacy of the nearby single-family neighborhood.
All perimeter landscaping elements shall be completed prior to any tenant occupancy. Plant a
sufficient amount of tall growing trees and/or shrubs along the western site boundary to minimize
the glare impacts and the loss of privacy of the nearby single-family neighborhood.
26
301,
60. The applicant shall have a tree report prepared consistent with City code requirements, tie
..•. ' . . . . . . , . . I . . .. .. .•• . . .. ' • I . . . .. ' . 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 be submitted for
• . . n . ' . .. I. . . . . . . ,. II • . qt., . 8 ;1 I . .
62. Colors and materials of the proposed building shall be compatible with the surrounding area,AS
aopmved by t, o m unity Development Deparrt,nent
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
33
73. Provide adequate acceleration/deceleration lanes at the driveway location between Park Lane and
Liberty Bell Road, and restrict to right-turn in and right-turn out movements.
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
311
EXHIBIT B
TENTATIVE TRACT MAP 4757-MAJOR MODIFICATION#1
CONDITIONS OF APPROVAL
September 18,1991
*Note: Wording in italics represents original language to be changed, wording in bold and underline
represents new proposed language.
DEPARTMENT OF COMMUNITY DFVFI OPMFNT 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.
1
• 55'
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 applicant shall deposit
with the City a check for 5850.00 plus a 425 on filing fee made payable to the County f
Ventura. This fee is for the State Department of Fish and Game required Notice of
Determination filing fee in accordance with Assembly Bill 3158. for the management and
1 11 V 11 1 _ .1 1 .. 1 ! • 1t. l 1 " "
12. Any appropriate conditions for CPD 89-L 89-2(Major Modification)that are applicable to this
subdivision shall be incorporated by reference in the conditions of approval for Tentative Tract
Map 4757,
PRIOR TO FINAL MAP RECORDATION,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
13. No zone clearance shall be issued for construction until the final 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
CITY ENGINEER'S CONDITIONS
PRIOR TO FINAL MAP APPROVAL,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
17. a. Developers of CPD 89-1 and 89-2 shall be allowed to file and record a lot line
adjustment in accordance with Section 66412(d), Subdivision Map Act, California Government
Code, to separate Phase I (CPD 89-2, Tract 4757-1) without the recordation of LDM-89-2
(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
37
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 make an irrevocable offer of dedication of an additional 9 feet across the
frontage of the project. The City may, in the future, elect to accept this dedication to provide
for construction of additional requirements.
The applicant shall design the main driveway project entrance between Park Lane and Liberty
Bell Road to provide one inbound lane and one outbound lane.The required Los Angeles Avenue
improvements shall include restriping to provide a striped island in the vicinity of this
driveway thereby prohibiting left turns in or out of this driveway.
In conjunction with other Los Angeles Avenue improvements,all necessary transitions shall be
designed and constructed to the satisfaction of the City Engineer and Caltrans. Any
improvements constructed by the City with Los Angeles Avenue Area of Contribution funds that
would normally be the responsibility of the applicant shall be offset by special contributions to
the Los Angeles Avenue Area of Contribution fund.
b. Liberty Bell Road per Plate B-3D and shall be designed and constructed to align with
the ultimate Liberty Bell Road alignment south of Los Angeles Avenue.The Liberty Bell Road -
Los Angeles Avenue intersection must be designed and constructed to provide for necessary
turning pockets and must be reviewed and approved by the City Engineer prior to recordation so
that the dedication of right-of-way on the map will be the ultimate right-of-way dedication.
Liberty Bell Road will be a variable width street, with all elements designed to the
satisfaction of the City Engineer. A conceptual configuration of the proposed improvements is
shown in the attached Figure 2. Although it is intended that the concept shown on this figure
be implemented, it is understood that final plan details such as transition design may vary
from that shown in the figure.
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
4
38
the City Engineer.The only connection of Lassen Avenue to Sierra Avenue shall be in the form of
an unpaved emergency access easement area west of Liberty Bell Road.This easement shall be
to the satisfaction of the City Engineer, the Director of Community Development, the Sheriffs
Department and the Fire Department.The connection of Lassen Avenue to Liberty Bell Avenue
shall be in the form of a knuckle per City standard.
d. Although not a requirement of this development, it is noted for future reference that
any future street intersecting Lassen Avenue in the vicinity of the traffic circle servicing the
proposed office buildings east of Liberty Bell Road shall not be offset from the traffic circle.
e. Park Lane per Plate B-3D, modified west of centerline to have 28 foot right-of-way,20
foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway
area and a 4 foot landscape and pedestrian easement; with the portion of Park Lane located
within 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:
5
3l
• 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,Corneae 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
24. The applicant shall indicate in writing to the City the disposition of any water well (or any
other well that may exist within the project. If any wells are proposed to be abandoned, or if
they are abandoned and have not been properly sealed, they must be destroyed per Ventura
County Ordinance No.2372 and per Division of Oil and Gas requirements.
25. If any of the improvements which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to
the filing of the final or parcel map for approval pursuant to Government Code Section 66457.
a. Notify the City in writing that the applicant wishes the City to acquire an interest in the
land which is sufficient for such purposes as provided in Government Code Section 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, attorneys 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
qI
To determine final prorated costs of these improvements, the applicant shall first prepare
conceptual plans to the satisfaction of the City Engineer. The prorata share shall be developed
based on the incremental traffic added by each phase and shall then be paid to City, prior to
zoning clearance.
IN CONJUNCTION WITH FINAL MAP APPROVAL,THE FOLLOWING CONDITIONS SHALL BE
COMPLETED:
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.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
37. a. Sufficient surety guaranteeing the public improvements pertinent to each phase shall be
provided. The surety shall remain in place for one year following acceptance by the City
Council.
b. Any surety bonds that are in effect three years after final map approval or after issuance of
the first building permit shall be increased an amount equal to or greater than the consumers
price index(Los Angeles/Long Beach SMSA) for the period since original issuance of the surety
and shall be increased in like manner each year thereafter.
38. Original "as-built" plans will be certified by the applicant's civil engineer and submitted with
two sets of blue prints to the City Engineer's office. Although grading plans may have been
submitted for checking and construction on sheets larger than 22" X 36", they must be
resubmitted as "as-builts" in a series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as-built" plans is required before a final inspection
will be scheduled.
39. Reproducible centerline tie sheets shall be submitted to the City Engineer's office.
40. The applicant shall file for a time extension with the City Engineer's office at least six weeks
in advance of expiration of the agreement to construct subdivision improvements. The fees
required will be in conformance with the applicable ordinance section.
8
1
•
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LOS ANGELES AVENUE VENTURA COUNTY ROAD
STANDARDS
FIGURE 2
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•
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FIGURE 3
• PARK LANE
' A 1
Minutes of the City Council
Moorpark, California Page 6 October 17 , 1990
Janet LeMasurier, 4290 Laurelhurst Road, thanked the
members of the City Council for returning her calls
regarding this project. She stated that she would like to
see more emphasis given to the Planning Commission
recommendations thereby allowing the City Council more
time for other issues. She would also like to see Science
. Drive as four lanes and expressed support for a footbridge
crossing Spring Road at the Arroyo Simi.
MOTION: Councilmember Montgomery moved and Councilmember Brown
seconded a motion to certify the Environmental Impact Report;
a resolution to come back adopting the appropriate findings as
per the staff recommendation; the public hearing on the
Specific Plan to be continued to a Special Meeting to be held
October 24, 1990 at 7:00 p.m. The motion carried by voice vote
4-0, Councilmember Harper absent.
BY CONSENSUS: By consensus the Council determined to hear
items 9.B. and 9.C. together.
B. Consider Mission Bell Plaza Commercial Planned Development
Permits 89-1 and 89-2. Tentative Parcel Map LDM 89-2,
Greenleaf Apartment Project Residential Planned
Development Permit 89-1. Staff Recommendation: Consider
additional information from consultant, staff and
applicant. (Continued Item 9.C. from 9/19/90)
C. Consider General Plan Amendment No. GPA-90-3 to Revise
Circulation Element to Delete a Segment of Gisler Avenue
(Liberty Bell Road) to Avoid Having this Roadway Directly
Connect Los Angeles and Poindexter Avenues. Staff
Recommendation: Planning Commission recommended that the
City Council approve an amendment to the Circulation
Element to change Gisler Avenue to Liberty Bell Road and
to identify that Liberty Bell Road shall not serve as a
direct connector road between Los Angeles and Poindexter
Avenues.
Mr. Richards introduced Eric Sakowiecz, representing
Impact Sciences, the City's contract planner for this
project. Mr. Sakowiecz made general comments with regard
to the overall project and addressed questions that have
been presented at the past Planning Commission and City
Council meetings.
4 f
Minutes of the City Council
Moorpark, California Page 7 October 17 , 1990
Debbie Traffenstedt gave the staff report for this item
stating that the final EIR that is presented this evening
addresses the Greenleaf apartment project. She indicated
that the Council has the option to deny without prejudice
the original application of the apartment project and that
would then allow the General Plan Amendment of the
. circulation element to be processed in conjunction with a
revised Greenleaf residential project.
Mayor Perez closed the Hearing on the Environmental Impact
Report. He called for speakers from the applicant's
representatives.
Stephen Bosetti, 1990 South Bundy Drive, Los Angeles,
spoke regarding the connection of the Town Center and the
proposed commercial center. He said he has seen a
preliminary sketch of the two centers joined. It will
require his firm to move back the commercial about 7 feet
which is acceptable. However, he cannot support the
closure at Park Lane because it blocks any access to the
commercial in the rear.
Ken Macleod, 169 Teloma Drive, Ventura, presented a
modified drawing that reflected the relocation of Shop No.
1 closer to Los Angeles Avenue and the access to the other
shopping center is now shown as a straight line.
Mr. Macleod said that relative to the City Engineer's
Condition 37 - the Completion of Traffic Signals and
Intersection Improvements Prior to Occupancy - their
request is that they be allowed to bond for the signal at
Park Lane and that they would have a specific time to
accomplish that in context with other items that will be
going on.
Mr. Macleod requested that with regard to Item 5.G. ,
Modified Conditions 20, 21, 22, the consultants be allowed
to work with City Staff to work out a pro-rata monetary
amount based on the amount of traffic that this project
will impact those intersections as compared to the full
impact of cumulative projects.
Mr. Macleod also indicated that the rear elevations to the
commercial development have been redesigned to show the
same architectural treatment as the front of the
buildings.
• ,
Minutes of the City Council
Moorpark, California Page 8 October 17 , 1990
Mr. Bosetti presented modified drawings of the rear
elevations.
Barbara Shultz, 116 Sierra Avenue, spoke expressing her
concerns about the project.
Doug Frazier, 237 Sierra Avenue, agreed that the developer
has worked with the residents very diligently to meet
their desires and needs. He is pleased with the final
plans.
Mela Cano, 148 Sierra Avenue, stated her concerns about
the impact that this project will have on her
neighborhood.
Sylvia Whitaker, 461 Cornett, said her main concern is the
traffic on Poindexter that may be routing through the
residential area.
Eric Sakiewisc, representing Impact Sciences, gave a
presentation responding first to the comments from
Councilmembers, and, secondly, responding to written and
oral testimony that has been heard at past Planning
Commission and Council meetings.
MOTION: Councilmember Brown moved and Councilmemhar Lawrason
seconded a motion to certify the Environmental Impact Report
for Mission Bell Plaza and Greenleaf Apartment Project (CPD 89-
1, 89-2, LDM 89-2, RPD 89-1) ; a resolution to come back
adopting the findings. The motion carried by voice vote 4-0,
Councilmember Harper absent.
AT THIS POINT in the meeting a recess was declared. The time
was 11:00 p.m. The meeting reconvened at 11:20 p.m.
In response to Council questions, Ms. Kane stated that
with regard to item 9.C. , the Council would not be able to
take action since the environmental review is not
complete. She recommends continuing the item off-calendar
because any revisions to the environmental document will
undoubtedly be done with a resubmittal of the residential
portion of the project and would be brought back at the
same time.
Mayor Perez closed the public hearing on Item 9.B.
.
Minutes of the City Council
Moorpark, California Page 9 October 17, 1990
Mr. Knipe responded to questions contained in Macleod
Construction's letter dated October 10, 1990 regarding the
acceleration and deceleration lane proposed along L.A.
Avenue.
BY CONSENSUS: By consensus the Council agreed to a condition
allowing for the acceleration/deceleration lane for east bound
traffic to go south on Liberty Bell by re-striping the proposed
area on Los Angeles Avenue in front of the project.
Mr. Knipe discussed the setback requirements along New Los
Angeles Avenue. He said that the total of 38 feet from
what would be the existing curb line would allow for a 30
foot setback at present which would potentially be reduced
to 21 feet in the event Los Angeles Avenue is widened in
the future.
BY CONSENSUS: By consensus the Council agreed to a condition
requiring the setback as outlined above.
Mr. Knipe discussed the alignment of Liberty Bell.
BY CONSENSUS: By consensus the Council determined to support
the staff's recommendation on Condition 3 with the exception of
the meandering sidewalk.
BY CONSENSUS: By consensus the Council concurred with the City
Manager's suggestion that in place of the meandering sidewalk
there could be a parkway between the sidewalk and the curb for
all street frontages.
BY CONSENSUS: By consensus the Council determined that with
regard to the upper commercial area, there needs to be some
type of condition dealing with either temporary or permanent
irrigation.
BY CONSENSUS: By consensus the Council determined that Lassen
and Sierra would not be connected by pavement, but that an
emergency vehicle access and pedestrian access would be
allowed.
BY CONSENSUS: By consensus the Council determined that the
Liberty Bell Road extension to Poindexter Avenue would not be
made as part of the CPD.
BY CONSENSUS: By consensus the Council determined not to
approve the "knuckle" configuration at Liberty Bell and Lassen.
Minutes of the City Council
Moorpark, California Page 10 October 17 , 1990
There was discussion of the traffic circle added between
the medical building and the office building off Lassen.
BY CONSENSUS: By consensus the Council determined that there
would be no offsets for residential streets within the RPD that
align with the above mentioned circle.
•
There was discussion of the main entrance. The City
Engineer recommended that the median be shifted to have
two ingress and one egress lane.
Mr. Kueny stated that if left turns were prohibited then
there would be a double, double yellow line.
BY CONSENSUS: By consensus the Council determined that there
should be a double, double yellow line to prevent left turns in
and out of the project.
Mr. Nino Spondello of Ventura Pacific Capital offered to
make a one time contribution of' $100,000 in addition to
paying the approximately $300,000 in air quality
mitigation costs based on current standards.
MOTION: Councilmember Montgomery moved and Councilmember Brown
seconded a motion to direct staff to prepare the Statement of
Overriding Considerations; applicant to make a one-time
monetary contribution to the City's Traffic Management System
Fund consistent with the "buy down" calculations given in the
Environmental Impact Report, Appendix E, and applicant to make
an additional contribution of $100,000; staff to prepare the
resolutions of approval for the Tentative Parcel map LDM 89-2
and CPD 89-1 and CPD 89-2 and to bring the resolutions back at
the earliest possible date before November 17. The motion
carried by voice vote 4-0, Councilmember Harper absent.
MOTION: Councilmember Montgomery moved and Councilmember
Lawrason seconded a motion to direct staff to prepare a
resolution to deny without prejudice RPD 89-1 and to bring the
resolution back for Council consideration at the earliest
possible date. The motion carried by voice vote 4-0,
Councilmember Harper absent.
MOTION: Councilmember Brown moved and Councilmember Perez
seconded a motion to continue consideration of item GPA-90-3
off-calendar. The motion carried by voice vote 4-0.
Councilmember Harper absent.
M
{ VENTURA PACIFIC CAPITAL COMPANY
REAL ESTATE MANAGEMENT&DEVELOPMENT
340 Rosewood Avenue/Suite D/Camarillo, California 93010/(805) 987-6921
Mailing Address: P. O.Box 179, Camarillo, California 93011
August 30, 1991
Mayor Paul Lawrason and
Members of the City Council
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Re: Mission Bell Plaza
CPD 89-1 and CPD 89-2
Gentlemen:
For your convenience, I have attached a copy of the Moorpark City Council Check
List that we forwarded to you for the August 21 City Council meeting. Sine then, we
have met with members of the staff and the Community Development Department
and have settled most issues set forth on the Check List; however, there are a few
remaining items upon which we need approval and/or clarification:
1. Reference Check List Item #4: We need to segregate all fees by phase and
by building permit so that each fee for each building is paid as the buildings
are built.
2. Reference Check List Item #7: We request that a Shopping Center
Reciprocal Easement and Operation Agreement be recorded prior to zoning
clearance on Phase 2 (CPD 89-1).
3. Reference Check List Item #11: We would appreciate your direction to
Staff and the City Manager to meet and define the scope of work and the
timing for an assessment district as soon as possible to assure a financing
commitment for construction of the improvements to be placed in the
assessment district.
Since we have not had the opportunity to review the staff report at this time, any
further issues that need direction or clarification will be brought forth at the
September 4 City Council hearing.
Thank .u very much for your consideration of these matters.
i� er; y
,
RECEIVED --
"-' AUG 301991
_,41,A, City of Moorpark
NNS:ef
Atthment
F:1NNS0830
A r r
MOORPARK CITY COUNCIL
Check List
The following actions are requested of the City Council:
1. Allow parking requirement of 1 space per 300 sq.ft.of building area,which was approved October 1990.
Staff is recommending 1 space per 250 sq.ft.of building area. With this major modification,under old
standard,we are overparked 69 spaces;under the new standard,we are underparked 76 spaces.
2. Allow internally lit monument signs. (Exhibit A,page 3,#19)
3. Allow temporary private property parking behind Kmart along Lassen Avenue in the 20 foot landscape area
on I accen 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:INNS0821
Art
270 Sierra Ave
Moorpark,Ca 93021
August 25, 1991
Members of Moorpark City Council
799 Moorpark Ave.
Moorpark,Ca 93021
Re;Mission Bell Plaza
Dear Sirs :
At your hearing of August 21 on the above mentioned project
I inquired as to the future alignment of Liberty Bell Ave and
whether or not the road would be continued north. It was my wish
to determine whether or not the road would continue in the same
alignment north of Lassen Ave.
Since your response was somewhat vague and did not reassure
me that such would not occur in the future, I feel I need to
clarify my position.
I live at the corner of Sierra Avenue and Lassen Avenue and
have no desire to have a roadway directly back of my house, I have
no desire to live on an island of ground surrounded on three
sides by a road,particularly a road that will be used to access
the commercial site.
In addition I wait / as most of my neighbors,to have a small
park and most sincerely hope that park does not disappear in
future planning.We have waited a long time to see responsible and
attractive use of that land and do wish to have it serve the
community and the developer in the best possible manner.
I wish this to become part of the record and most certainly
wish it to be brought�/ to the attention of the Council.
Sincerely, zfie /,.C��
Ethezitii
l s ll��`
"1" RECEIVED —
, .• SEP 0 k 1991
(/, 4- LL.6:-t..
City of Moorpark