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HomeMy WebLinkAboutAGENDA REPORT 1991 0918 CC REG ITEM 09B 0F� �� En�.I ,V �*► � MOORPARK E v�074e#: 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 MOORPARK, CALIFORNIA City Council Meeting MEMORANDUM of 947 1994 ACTION; R -ae/— - TO: The Honorable City Council , !i 9.4,(titr /, /0/2 FROM: Patrick J. Richards,Director of Community Development By 4 A DATE: September 11, 1991 (City Council Meeting of September 18,1991) SUBJECT: CPD 89-1,89-2,TTM 4757-Major Modification#1 to Mission Bell Plaza-Project Approval, Certification of Supplemental EIR, Revised Final Conditions, Resolutions, Findings,Mitigation Monitoring Plan and statement of overriding considerations At the City Council public hearing held September 4,1991, the Council continued the above referenced major modification to the meeting of September 18, 1991 and directed staff to prepare the necessary resolutions of approval. The Council also continued the public review on the draft Supplemental EIR until September 11, 1991,as required by state law. Attached is the Final Supplemental EIR along with the resolutions of approval for the modification #1 to CPD 89-1, 89-2,11'M 4757 and the final revised conditions of approval (including changes passed on motion at the September 4, 1991 City Council meeting), certification of the Final Supplemental EIR, findings of significance, Mitigation Monitoring Plan and the statement of overriding considerations for those significant impacts in the EIR which cannot be fully mitigated. The Final Supplemental EIR contains the Mitigation Monitoring Plan. On September 4,1991,the Council amended several conditions of approval. Those changes are found in Exhibit"A"as conditions# 19,25,28,39,57,58,59,84,104,107,108,and 123. Recommendations 1. Certify of the Final Supplemental EIR and adopt the mitigation monitoring plan, findings and Statement of Overriding Considerations for those significant impacts identified in the Supplemental EIR which cannot be mitigated below a level of significance. 2. Adopt resolutions approving the major modification #1 to CPD 89-1,89-2,TTM 4757,subject to the attached conditions in Exhibits "A" and "B". 3. Rescind all previously approved resolutions in regards to the original approval of the project on October 17, 1990. 1 PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Attachments: 1. Resolution of Approval certifying the Final Supplemental EIR, findings of significance,mitigation monitoring plan,statement of overriding considerations and the major modification#1 to CPD 89-1,89-2. 2. Resolution of Approval for TTM 4757. Exhibits: 1. Exhibit A: CPD 89-1,89-2 Conditions of Approval 2. Exhibit B: TTM 4757 Conditions of Approval 3. Exhibit C: Mitigation Monitoring Plan (enclosed in the Final Supplemental EIR) 4. Exhibit D: Findings of Significance 5. Exhibit E: Statement of Overriding Considerations 6. Exhibit 1: Site Plan 7. Exhibit 2: Building Elevations 8. Exhibit 3: Conceptual Landscape and Irrigation Plan 9. Exhibit 4: TTM 4757,Drainage and Grading Plan 2 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (EIR), ADOPTING THE MITIGATION MONITORING PLAN, FINDINGS OF SIGNIFICANCE AND STATEMENT OF OVERRIDING CONSIDERATIONS AND, APPROVING THE MAJOR MODIFICATION #1 FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT (CPD) 89-1, 89-2 (MISSION BELL PLAZA) FOR VENTURA PACIFIC CAPITAL CORPORATION AND MACLEOD CONSTRUCTION COMPANY (ASSESSOR'S PARCEL # 511-080-190, 200,210, 310,320,AND 370). WHEREAS, at duly noticed public hearing on August 21, 1991, September 4, 1991, and September 18, 1991, the City Council considered the application by Ventura Pacific Capital Corporation and Macleod Construction Company for major modification #1 to Commercial Planned Development Permit (CPD) 89-1, 89-2 for the construction and operation of a 265,940 square foot commercial shopping center (including 221,440 square feet of general retail uses, 24,000 square feet of restaurants, a 2,300 gasoline service station, 9,000 square feet of medical/dental office and a 9,200 square foot outdoor plant nursery)located on the north side of Los Angeles Avenue and west side of Park Lane in the City of Moorpark;and WHEREAS, at its meeting of August 21, 1991, September 4, 1991, and September 18, 1991, the City Council opened the public hearing,and took testimony from all those wishing to testify and then closed the public hearing on September 18,1991;and WHEREAS, the City Council after review and consideration of the information contained in the Staff Report dated August 21, 1991, September 4, 1991, and September 18, 1991, and the draft Supplemental Environmental Impact Report (EIR) prepared for the proposed project has reached a decision on this matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (CEQA,Division 13 of the Public Resources Code of the State of California),the City Council of the City of Moorpark determines that the environmental issues, effects and mitigation of the proposed project are similar to those addressed in the Draft Supplemental EIR prepared for the proposed project and that cumulative impacts are adequately addressed in the Draft Supplemental EIR. SECTION 2. That the City Council certifies the following: a. The certification of the Final Supplemental ER for the major modification #1 to the Commercial Planned Development Permit(CPD) 89-1,89-2 pursuant to the findings in the staff report dated August 21,1991. ATTACHMENT 1 b. Certification of the Mitigation Monitoring Plan for the Final Supplemental EIR, which is incorporated herein by reference as Exhibit C. c. Approves the Findings of Significance and Statement of Overriding Considerations as required under section 21081 and 15093 of the California Environmental Quality Act (CEQA) and Guidelines,which are incorporated herein by reference as Exhibits "D" and "E". SECTION 3. That the City Council finds that the proposed project is consistent with the City's General Plan. SECTION 4. Therefore, the City Council approves the following: a. Major Modification #1 for Commercial Planned Development Permit (CPD) 89-1, 89-2, subject to the conditions of approval contained in the staff report dated September 4, 1991 and September 18,1991, (EXHIBIT'A')including the changes to the conditions of approval as stated by the City Council on September 4,1991. The action with the foregoing direction was approved by the following role call vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, APPROVED AND ADOPTED THIS Paul W. Lawrason,Jr. City of Moorpark ATTEST: Lillian E. Kellerman City Clerk Attachments: 1. Exhibit A-Conditions of Approval for CPD 89-1,89-2 2. Exhibit D- Findings of Significance 3. Exhibit E- Statment of Overriding Considerations 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 COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS 1. The permit is granted for the land and major modification to the original project (original project approved October 17.1990)as shown on the final plot plans and elevations approved by the City Council on September 18.1991. The location and design of all site improvements shall be as shown on the approved plot and elevations except or unless indicated otherwise herein. 2. The development is subject to all applicable regulations of the CPD Zone and all agencies of the State,Ventura County, the City of Moorpark and any other governmental entities. 3. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may,at his discretion,grant up to one(1)additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial one-year period. 4. All facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a minor modification and any major changes to this permit shall require the submittal of a major modification as determined by the Director of Community Development. 5. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, County, and City authorities,and all such requirements and enactments shall,by reference,become conditions of this permit. 6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply,the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth 8. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense,any action brought against the City because of issuance(or renewal)of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City of any court costs and /or attorney's fees which the City may be required by court to pay as a result of any such action. The City, may,as its sole discretion,participate in the defense of any such action, but 1 SCJ such participation shall not relieve permittee of his obligations under this condition. 9. Prior to submission of construction plans for plan check or initiation of any construction activity, a zoning clearance shall be obtained from the Department of Community Development. Applicant may submit building construction plans to Department of Building and Safety with a City approved Hold Harmless Agreement. 10. This Major Modification #1 to the Commercial Planned Development Permit shall expire when the use for which it is granted is discontinued for a period of 180 or more consecutive days. 11. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of the subject building,or the owner's representative shall apply for a Zoning Clearance from the Department of Community Development. 12. The Director of Community Development, or his designee, shall have the authority to conditionally approve or deny a Zoning Clearance request for tenant occupancy consistent with Article 45 of the Zoning Code. The cost of the Zoning Clearance shall be borne by the applicant for tenant occupancy. 13. The permittee's acceptance of this permit and/or commencement of construction and/or operations under this permit shall be deemed acceptance of all conditions of this permit. 14. If any archaeological or historical artifacts are uncovered during excavation operations the permittee shall assure the preservation of the site, shall obtain the services of a qualified archaeologist to recommend proper disposition of the site, and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. Should human burial remains be encountered during any grading or excavation activities, the permittee shall cease operation and shall notify in writing the Community Development Department staff. Following notification, the permittee shall obtain the services of a qualified archaeological consultant and Native American Monitor(s) who shall assess the situation and recommend proper disposition of the site as approved by the Director of Community Development. 15. No later than ten (10) days after change of ownership or lessee of this property, the Director of Community Development shall be notified, in writing, of the new owner or lessee. The same letter shall state that the new owner or lessee has read all conditions pertaining to this Permit and agrees with said conditions. 16. Within two days after approval of the project by the City Council.the applicant shall deposit with the City a check for 5850.00 plus a 52500 filing fee made payable to the County of Ventura. This fee is for the State Department of Fish and Game required Notice of Determination filing fee in accordance with Assembly Bill 31 S8. for the management and . I 1 S r. 4 ./ . 1 1 1 . . • • 4 17. DELETE Approval of the upper commercial project (north of the landscape buffer) is for the general footprint and types of land uses only. Approval of parking, setbacks, landscaping, elevations and additional land uses shall require the filing of a major modification to CPD 89-1 and 2. 18. Any appropriate conditions for Tentative Tract Map 4757 that are applicable to the Commercial Planned Development Permit (Major Modification) shall be incorporated by reference in the conditions of approval for CPD 89-1,89-2(Major Modification). 2 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. a. Building and monument signage for CPD 89-1.89-2 shall be in accordance with the City Council Signage Subcommittee decision of August 26. 1991 regarding the applicant's • I r • • 4 • . 4 11 ' L I I I •1•Hi • P I•1 ' • I u • •;1 '. • A maximum total of two 6 foot by 8 foot monument signs will be permitted for the two maj r n horn ants along as ngeles Avenue. A maximum of four 4 foot by 6 foot monument signs will be permitted for single -- 1 . 1 ' 1 II .JI II • L114 . 1 •11' 11 • . I • •1 •• • 44 ' F (preferably channel letters)must be used. AU lettering for all signs shall be of the the same style. 20. Prior to issuance of a Zoning Clearance, a Surety Performance Bond in the amount of$10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development may, through a public hearing to be heard before the City Council, recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance of the conditions of approval, or for some other just cause. This condition shall automatically be superseded by a related resolution or ordinance regarding condition compliance for entitlement approvals as adopted by the City Council. 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 Mod' ication #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 he • •• I • - I • • 1 Y a • • •\ .4.4 . I • • ••1 • •.• / 1 • . 0 . . • . II Director of o m nib,Developm n _ : w '. 3 • • I 1 1 ' •• 1 '•14 ' I1 /•0010 1 11101 1•a 0 ' . I630 - 1 The required number of parking spaces for the entire project (phases 1.2 and 3)shall be in accordance with the City's previous parking code.which required 1 space per 300 square feet cif retail uses. except for the proposed additional 19.665 square feet of retail space.which shall feet Each ph se sh ll m et his requirement The Phase 1 applicant will he allowed to temporarily placesparking spaces at the rear of the 1 Y • I I. Y • . 1 ♦ • 001• 1 1 - .1 . 1 . 1 1 , ' I I •1 ' I • • 1• I . 10),I ••• 1 4 This three year period begins with the approval of the first building permit for Phase 1. Once and 2(whichever ranges first),the 70 foot rear landscape buffer shall be installed per code and 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 . ss n Av nu whi h shall include walls and wrought iron fences approved by the Director of Community Development. d. Trash areas and recycling bins shall be depicted on the construction plans,the size of which shall be approved by the Director of Community and City employee responsible for recycle /solid waste management programs. 27. The final construction working drawings shall be submitted to the Director of Community Development. 28. Complete landscape plans (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with Ventura County Guide to Landscape Plans and in compliance with City of Moorpark Ordinance No.74,and shall be submitted to the Director of Community Development. The final landscape plans shall be in substantial conformance to the conceptual landscape plan review and final installation inspection. The landscaping, planting and walls/wrought iron fence plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. • • n' • I •. l' • •, 1 a4 • • • • u,• I,. 4• • - 1 • • - • • • In! 1 • 1.. • 1 1 • • 'II . 1.1 • 1 •. Y, • • • VIC • U• . City engineer and Director of Community Development standards.prior to Issuance of occupancy o_f any tenant spaccc. All other areas that are graded but not developed shall be seeded to reduce soil erosion nd duct 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. 4 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. H'1.111. ! . . . . 1"• 1 . 1 . . 1 1 - • . 1 . ,. 11 I . e . II . . . 1 y 11 . l l 1 . 1 1 1 a 11 11 11 1 • • • •• ' 1• • . 1 1 . . 1 •• -11 l • • 1li+ • 1 , 1 . 1 •• 1 . / •41 MC k. Plant evergreen trees along the western-perimeter block wall that will provide further visual buffer between residences and the shopping center, 29. Prior to issuance for a Zoning Clearance, the transformer and cross connection water control devices shall be shown on the plot plan and shall be screened with landscaping or a wall. 30. Roof design and construction shall include a minimum 18-inch extension of the parapet wall above the highest point of the roof. 31. All roof mounted equipment (vents,stacks,blowers,air conditioning equipment,etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material of similar color and material used in the construction of all buildings. Prior to issuance of a zoning clearance, the final design and materials for the roof screen and location of any roof mounted equipment shall be shown on the plot plan and must be approved by the Ditectur 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. 5 9 'Suiplinq ay;Jo aouaixa uo paquuuad aq treys s;nodsumop oN •iq 'pa;puuad aq Heys pull .Cue;o lappet ssaaae aoua;xa ON •papnwd aq Heys aappei ;ow ay; pue sialaw He asnoy of ssaaae Uo1IWO3 gym wool 'Ulign y •06 salpadoad Suuogy&au uo aaei2 pue igSH puone of paemumop papanp pue pappnls aq Heys ioi Supped ay; ul spiepuels 1q2-1 'y •aueid leluozpoy JO aa.z ap 06 am anoge pay uwa aq HMIs 41Sn ON •S %waao Heys aaluaa ayi;o SuygSH-nano ON •aolaaarc ivawdoianau Aluunwwoj ay; Aq panoadde aspsuagio se to'aSeaane alpuea loo; S'; e gym uoiieulaunlp aipuea ioo; obi; ;o wnui xew e pue 'auo wnwluuw y •; •sagiadoad ;uaae(pe twain argyedwoa ale galym papinoad aq Heys saanlxy 2uyq2;1 ivapy;a ASaaug •a •(spaepuels 2upg2q uaamlaq oyea wnwuunu-o;-wnwlxew) umoys uoyeuuwn@ jo ;anal Jo oyes (l:L) auo-of-uanas e ueyl aaow ou aq Heys aaayy •p -say; Apadoad ;e uoyeulwnlil alpuea loo;auo;o wnwp:ew glum saygenb;;o-lna daegs ssassod;snw saanixtg •a •aopayu luawdopnac A punwwoj ayi Aq panoadde aslmaaglo se ao pa; (q;) uaaimo; aq Heys saanixy ;o lySuay Hamm) wnwpceyg •q •pa(oad ay; lnoygnoay; paAoldwa aq Heys 2uy42;1 Sulpinq pue adeaspuel ;uaaae pue 2uyyg1 uMOQ •aaluaa pp2 poo; (o;) uai a uo paseq aq o; ueid inofel •sauq Apadoad ayi alis;no illi (OZ) Aivam; ;o wnwuulw a puaixa o; inoAel aipuea ioo; mod-.(q-luiod a Suumoys ueid ap;awoioyd v 'e :Sulmojo;ay; apnpul pings ueid Supydy ata •A;lae; pasodwd ayi ;o u&sap Imo; am gym aigyedwoa ale gaup% saanianais apinoad pue :uoyeulwnth anussaaxa puone o; ig2lay saayoapa;a inuH :SuyySq a;us-uo aienbape apunoad 1aae12 ails-;;o pue ails-uo azuwuuau :sagaadoad Suluuo(pe ;o asp argeuoseaa y;um aauaaa;aa;uu now :saapaalgo Sulmoho; ay; analyae Heys ueid SuulySg ay.L I I ♦ . 11 I It! . S .1 . .�' . i b - 1 . 1. 1661 uagopo;Hun paua;ap aq Heys ue;d'dugi(dtl at Jo Aarnbape ay,L •Ienoadde pue maw.' to; ;uawdopnaQ A;lunwwaJ ;o luawiaedaQ ay; o; pagnugns pue euwo;iie) ;o awls agi uu paaalsiSaa aaauiSua leappala ue Aq paaedaid aq Heys ueid SuygSq e 'SuggSq aouaixa Ile Jog •6£ 'yl ojpj'apo-anyeaislunupy euwomeJ Aq paynbaa saaunap asogl apnpuc Heys asayy -saauap 2ulnes-6Saaua Su!Aoldwa papnysuoa aq Heys s$uupilnq ay.L '8£ •auq Auadoad Aue way pain auo nem aagpn; ou aq Heys seem auli 4iadoid Iry •L£ •auei Ianeal clew e mu; ;no peg of slims Supped moire iou saop yauy% Xaiva mew e apinoad Heys lueaidde auj '9£ 'auei ;anal; e o; lueua; ao(ew a;o Aenuoop Aqua ayi ww;laa;Sz;o wnwuuuw e apinoad Heys luea!dde ayy •S£ C7/ // 42. All exterior building materials and paint colors shall be approved by the Director of the Community Development Depait.iwd to ensure compatibility with adjacent development. 43. All exterior newspaper racks shall be painted dark brown in color and shall meet all other criteria identified in the Zoning Ordinance. 44. No asbestos pipe or construction materials shall be used without prior approval of the City Council. 45. The applicant shall record a covenant agreeing not to protest the formation of an underground utility assessment district. 46. All existing and proposed utilities are required to be undergrounded to the nearest off-site utility pole except through transmission lines. This requirement for undergrounding includes all above ground power poles on the project site and those along the frontage of the site in the Caltrans right-of-way. Prior to the issuance of a zoning clearance, the applicant shall submit a plan for review and approval to the Director of Community Development which identifies how compliance with the undergrounding requirement will be met. 47. If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. 48. In recognition of the need for public street and traffic improvements to meet the demand generated by cumulative development in the City, the applicant shall, prior to issuance of a zoning clearance,execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of and be subject to any assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, to provide funds for such improvements, should such a mechanism be established by the City. 49. The applicant shall contribute to the City of Moorpark an amount of$.25 per square foot of gross floor area to support the City's current and future park system. 50. The applicant shall contribute to the City of Moorpark's Art in Public Places fund,an amount of $10 per each 100 square feet of building floor area. 51. Prior to the issuance of a zoning clearance for tenant occupancy, the proposed use shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan, and shall obtain a Hazardous Waste Generator Permit if required. A copy of all Hazardous Waste Generator Permits shall be forwarded to the City of Moorpark Department of Community Development by certified mail to be placed in the project file. 52. All roof top mechanical equipment and other noise generation sources shall be attenuated to 55 dB(A) at the property line, or to the ambient noise level at the property line measured at the time of the occupancy request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent tenant occupancy or any subsequent tenant occupancy,Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on-site noise generation sources would be mitigated to the required level. 7 The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 53. To encourage employees to use alternative means of transportation to reduce automobile trips, common bicycle storage facilities shall be provided in accordance with Section 8108-1.4(b) of the Zoning Code(parking standards). Proposed bicycle storage areas shall be clearly depicted athe.finaulte.plan and reviewed and approved by the Director of Community Development prior to issuance of a zoning clearance. Jf the project is constructed in three phases as_prnppset by the City Engineer and Director of Community Development and include the required number of bicycle parking spaces for the huildingsquare footage and uses proposed within each phase . . • 1. 1 R 1 IA% • 1 % 1 - I l I - I • . tw . 4 . l.'1 ' .0 I I 1'1 ' 1 54. If any archaeological or historic finds are uncovered during excavation operations, the permittee shall assure the preservation of the site; shall obtain the services of a qualified archaeologist to recommend disposition of the site;and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 55. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura County Waterworks District No. 1. 56. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. 7 • • A . 4 1 . • • P . • U • I . I s • . I II ! It I • • I • 58. The applicant shall make a one-time monetary contribution of$270,945.00 $568.467.24 to the City's Traffic Management System Fund 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 applicant for Phase 1 shall deposit 1:1 .1.1.11.111 I• R_ .i 1 I ' Y • . ' 1 . • y .• 1 I Y41. II I . i1 . .. 1 of any building permits for Phase 1. The remainder of the total fee shall be prorated per square foot of building area over the remainder of the Mission Bell Plaza center and paid at the time paid within three(3)years of the issuance of the building permit for the main anchor tenant fox Phase 1. PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 59. A landscape and irrigation plan shall be submitted for 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 . • - . I . . . 1 . 1 . • . . 1 . • l' . I . I I . . . . . . , ._ . . . a • r. .'1 1• • • • li . I . 81 51 1', Y4. " . . .I ' • 4. . .n1 1 l • r .• 4. 8 /3 prior to issuance of occupancy of any tenant spaces. All o h r rr < hat Altgraded but not developed shall be seeded to reduce soil erosion and dust as approved by the Director of CommunityCommunitylkeelopmentand.City_Engineer, A weed abatement program shall be approved In conjunction with the . pmval of the landscape plan for Phase 1. 60. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage,striping and appropriate wheel blocks,curbs,or posts in parking areas adjacent to landscaped areas. 61. The landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. 62. No use for which this permit is granted shall commence use until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition,no Certificate of Occupancy may be issued until all on-site improvements specified in this permit have been completed or the applicant has provided some form of financial security to guarantee the agreement such as a Faithful Performance Bond. Said on-site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. 63. Prior to initial tenant occupancy and any subsequent change in tenant occupancy,the owner of the subject building,or the owners representative, shall apply for a zoning clearance from the Community Development Department. 64. No Certificate of Occupancy shall be granted prior to acceptance or completion of landscaping or other site improvements such as perimeter walks,including stucco treatment,landscaping, fences. slope planting or other landscape improvements not related to grading; private recreational facilities. etc. Said on-site improvements shall be completed within 120 days of I % 1 - p I " r 1 6.144 . 1 ♦ I U l' • • •1 • ./ 1 1 • PI 1 • til' 1 1 1/ • 1 1 • II 1 I . • 1 444 11 • 4•4• ' ' 4 • • • • • • • 1 1 completion of the required improvements to the satisfaction of the City.the City Council may reduce the amount of the bond:however.the bond must he kept in full effect for one ray after 1 1 Y1 • . I r . .. . . . . .. . 0411 l' 1 I I;11 Y . •1 •1 • . l 1 treatment).landscaping,fences.slope planting or other landscape improvements not related to y 1 . • I \' as\' i$ 1 . _ M !. . 1. a 9 .. • .. I ' _ 65. At the lime water service connection is made for each project,cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Environmental Health Department. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: 66. No later than ten(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. 9 67. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance,as indicated by the Department of Community Development within five (5) days after notification. Landscaping installed as a condition of approval at this project shall be continually maintained by the owners)of the subject commercial development. 68. Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification approval shall be required. 69. The striping for parking spaces and loading bays shall be maintained so that it remains dearly visible. 70. No outside storage of any materials, overnight parking of any vehicles in the parking lot, or overnight parking of any semi-trucks or truck trailers beyond the loading zone shall be permitted. 71. Except for gasoline deliveries,loading and unloading operations shall not be conducted between the hours of 10:00 p.m.and 6:00 a.m. 72. All restaurants,bars and taverns shall close no later than 1:00 a.m. 73. There shall be no auto service other than the gas sales and the car wash at this commercial center. 74. No noxious odors which would impact the adjacent development shall be generated from any use on the subject site. 75. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 76. Yards, parking areas and other open uses on the site shall be maintained in a neat and orderly manner at all times. No exterior storage of any kind is permitted. 77. 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. 78. If in the future,any use or uses are contemplated on the site differing from that specified in the zoning clearance approved for the occupancy, either the permittee,owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the CPD Zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent,unless a minor or major modification to the Planned Development is required, in which case all applicable fees and procedures shall apply. 79. All exterior eating and seating areas shall be accomplished with the approval of a minor modification approval process. 80. No shopping carts or merchandise shall be stored in any pedestrian walkway areas including the exterior area in front of the proposed major market. The location of the shopping cart storage area for shopping carts shall he clearly depicted on the final,site plan with the 10 /5 ,, . :, , . . , • , I', , , , „ „ ,'. I , . n , A sidewalk sale shall require Community Development Department approval of a temporary use permit. CITYan_ENGENEEKin PRIOR TO ZONE CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 81. a. Developers of CPD 89-1 and 89-2 shall be allowed to file and record a lot line adjustment in accordance with Section 66412(d),Subdivision Map Ad, California Government Code, to separate Phase I (CPD 89-2, Tract 4757-1) without the recordation of LDM-89-2 (Macleod). Physical development and recordation of parcels will thereafter follow in accordance with approved conditions for phased development of CPD 89-1,CPD 89-2 amd Tract 4757. b. Prior to first building permit, the applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate. 82. The applicant shall submit to the City for review and approval, a grading plan prepared by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizontal:vertical). 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. AU haul routes shall be approved by the City Engineer. On-site haul routes shall be limited to graded areas only. 83. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by a civil engineer and a geotechnical engineer registered with the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendation of the approved soils report. Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administative costs. 84. The applicant shall submit to the City for review and approval, street improvement plans prepared by a registered civil engineer;shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Any necessary right-of-way acquisition necessary to complete the required improvements will be acquired by the applicant at their expense. The improvements shall include concrete curb and gutter, sidewalk, striped bike path, street lights, traffic signals, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The applicable Ventura County Road Standard Plates are as follows: 11 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 be implemented, it is understood that final plan details such as transition design may vary from that shown in the figure. As an option,an easement for Liberty Bell Road between phase 2 and 3 may he created rather than the construction of r ibert Bell Road. 12 / 7 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 Duectur 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. 13 /8 85. The applicant shall demonstrate feasible access during a 10-year frequency storm for each building pad to the satisfaction of the City Engineer. 86. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements and shall post sufficient surety guaranteeing the construction of the improvements. 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,Corvette 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. 14 / 9 • All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer. • The storm drain connection on Los Angeles Avenue from Park Lane to Shasta Avenue and fronting CPD 89-1 and 89-2 shall be installed prior to occupancy of either CPD 89-1 or CPD 89-2 with the understanding that the installer of said system shall be reimbursed,if and when funds are collected by the City through the establishment of an assessment district incorporating those benefiting, undeveloped properties. It is the onus of the developer to formally initiate the formation and fund all costs associated with establishment of said assessment district. 87. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City. 88. The applicant shall indicate in writing to the City the disposition of any water well (or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No.2372 and per Division of Oil and Gas requirements. 89. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 664625; b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e)of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired,and (iv)a current Litigation Guarantee Report; c. Enter into an agreement with the City,guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 90. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 91. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique for the construction of public improvements, including but not limited to, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the City Engineer. 92. 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.). 93. The developer of CPD 89-1 shall post sufficient surety for the installation of a traffic signal at the intersection of Los Angeles Avenue - Liberty Bell Road. The applicant will be eligible to receive reimbursement from the Los Angeles Avenue Area of Contribution of up to$65,000 or 50 percent of the construction expenses,whichever is less. CPD 89-2 may elect to install the signal, but is not required to do so. 94. The applicant shall post sufficient surety for the installation of a traffic signal at the intersection of Los Angeles Avenue-Palk lane. 95. The applicant shall make a special contribution to the City representing the applicant's prorata share of the costs of improvements to the following intersections: • Poindexter Avenue-Moorpark Avenue minimum contribution of$16,800. • Los Angeles Avenue-Gabbert Road minimum contribution of$16,200. • Los Angeles Avenue-Moorpark Avenue minimum contribution of$28,500. • Spring Road-New Los Angeles Avenue minimum contribution of$25,500. To determine final prorated costs of these improvements, the applicant shall first prepare conceptual plans to the satisfaction of the City Engineer. The prorata share shall be developed based on the incremental traffic added by each phase and shall then be paid to City, prior to zoning clearance. 96. The applicant shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 97. The applicant shall offer to dedicate to the City of Moorpark for public use, all right-of-way for public streets. 98. The applicant shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles Avenue,Lassen Avenue,Park Lane and liberty Bell Road except for approved access roads. 99. Lot to lot drainage easements and secondary drainage easements shall be delineated on the final map(s). Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. 100. The applicant shall provide a recorded reciprocal access agreement as necessary to permit access between CPD 89-1 and CPD 89-2. DURING CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY: 101. That prior to any work being conducted within the State or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate Agencies. 102. If any hazardous waste is encountered during the construction of this project,all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately.Work shall not proceed until clearance has been issued by all of these agencies. 103. Where roads are to be built requiring 4 or more inches of pavement, applicant shall construct the required street section minus 1-inch of paving as an interim condition until all utility cuts or trenching is completed. The final I-inch cap of asphalt shall be placed after all necessary trenching is completed. 104. Grading and construction activities (any noise making activity including the operation or movement of equipment) shall be limited to only the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 9:00 a.m. to 7:00 p.m.on Saturday. No job site activity shall occur before or after these hours and not at all on Sunday and Holidays. 105. The applicant shall utilize all prudent and reasonable measures (including a 6 foot high chain link fence around the entire project perimeter) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 16 PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 106. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 107. The Los Angeles Avenue- Park Lane traffic signal shall be operational prior to any occupancy for CPD 89-2 or Tract 47574. If construction of this signal is delayed by CALTRANS at the time of the applicant's request for permits, the applicant shall deposit 100% of the total estimated construction cost with the City. The applicant shall construct the signal upon receiving Caltrans permission to do so. If right-of-way acquisition or Caltrans permission ran not he obtained.the applicant can request construction deferment on those portions of construction from the City Council consistent with Condition 84. 108. The Los Angeles Avenue - Liberty Bell Avenue traffic signal shall be operational prior to any occupancy for this project. If right-of-way acquisition or Caltrans permission ran not be .'1i• 11 11 • 1 III _ hn t•JI y M;1 , ! ' ' PI ' I 11 III" . .. ..111 ' U 0.11 HY1 1111114 theity Council consistent withCondition 84. 109. All phased street and storm drain improvements shall be constructed prior to fust occupancy of each phase. If right-of-way acquisition or Caltrans permission can not be obtained, the applicant can request construction deferment on those portions of construction from the City Council consistent with Condition 84. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDMONS SHALL BE SATISFIED: 110. a. Sufficient surety guaranteeing the public improvements pertinent to each phase shall be provided. The surety shall remain in place for one year following acceptance by the City Council. b. Any surety bonds that are in effect three years after final map approval or after issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index(Los Angeles/Long Beach SMSA)for the period since original issuance of the surety and shall be increased in like manner each year thereafter. 111. Original "as-built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36", they must be resubmitted as "as-builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as-built" plans is required before a final inspection will be scheduled. 112. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 113. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. • 17 MOORPARK POT ICE DEPARTMENT CONDITIONS DURING CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY: 114. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 115. Landscaping (trees)shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 116. All entrance/exit driveways shall be a minimum of 30 feet in width. 117. For the commercial project,all exterior doors shall be constructed of solid wood core,a minimum of 1 and 3/4-inches thick,or of metal construction. Front glass doors commonly used for entry are acceptable but should be visible to the street. 118. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1-inch deadbolt. 119. Address shall be clearly visible to approaching emergency vehicles and shall be mounted against a contrasting color. 120. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls,etc. 121. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other openings where access may be made. 122. Upon occupancy by the owner or proprietor, each single unit in the development,constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate proprietorship or similar distinct occupancies. 223. The Shopping Center Tenants Association will provide on-site private security durineiours of operation. VENTURA O TNTYFIR DEP RTMENT ONDITIONS PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 124. Any structure greater than 5,000 square feet in area and/or five miles from a fire station shall be provided wit an automatic fire sprinkler system in accordance with Ventura County Ordinance No. 14. If the building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire Prevention for review and approval. 125. The applicant shall submit plans to the Ventura County Bureau of Fire Protection for approval of the location of fire hydrants. All existing hydrants within 300 feet of the development must be shown on the plan. 126. Building plans of all A,E,I and H occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for plan check. 18 127. The applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire lanes. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 128. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls and fire protection devices provided, as specified by the I.S.O.Guide for Determining Required Fire Flow. Given the present plans and information, the required fore flow is approximately 4,500 gallons per minute. The applicant shall verify that the water purveyor can provide the required volume at the project. PRIOR TO CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY: 129. Access roads shall be a minimum of 25 feet in width and shall be installed with an all weather surface, suitable for access by fire department apparatus. 130: Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual. a. Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch ant two 2 1/2- inch outlet(s). b. The required fire flow shall be achieved at not less than 20 psi residual pressure. c. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be recessed in from the curb face 24 inches at center. 131. All grass or bush exposing any structures shall be cleared for distance of 100 feet prior to framing,according to the Ventura County Weed Abatement Ordinance. PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 132. Trash containers with an individual capacity of 15 cubic yards or greater, shall not be stored within 5 feet of openings,combustible roof eaves lines,unless protected by approved automatic fire sprinklers. 133. Address numbers,a minimum of 6 inches high,shall be installed prior to occupancy and shall be of contrasting color to the background. Where structures are set back more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 134. Fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code. 19 135. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be reviewed and approved by the Bureau of Fire Prevention. VENTURA COUNTY WATERWORKS DISTRICT NO.1 CONDITIONS GENERAL REQUIREMENT: 136. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing industrial waste discharge requirements and subsequent additions or revisions thereto. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 137. The District shall be allowed to review the adequacy and level of service for the project when tenant improvements are requested. Additional facilities, on-site treatment, or other modifications may be required as a condition of certain tenant improvements. VENTURA COUNTY ENVIRONMENTAL HEALTH DIVISION CONDITIONS PRIOR TO ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 138. Prior to issuance of a zoning clearance for the inauguration of any use in the proposed structure, such use shall be reviewed and approved by the Ventura County Environmental Health Division. 20 Mitigations Measures for the Supplemental EIK CPD 89-1,89-2 Septmber 18, 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. ' .'4V • 1 ••1 11 • 1 1 . . , ' • , 1 •a .4444 . 414 9 1 w 1• • • 1 •r • 1 • it. • • ,6. 1 • 'I . . a1 . • 11 1 . 1 1 • 1 • q l . I ... 1a •1 . . •1 available to all employees involved in?Jading operations during;by periods to reduce inhalation 1 • • 1' 1 11 . 11 . 1 1 a 1 J ' a 1• 1 .w. . 1 1.. 1 '1 •4 \4' 7. Engineering specifications to require that site development contractor(s) cover primary site access roads with gravel during all construction periods. 8. Engineering specifications to require that site development contractor(s) landscape all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast-growing, soil-binding plant to reduce wind erosion and its contribution to local particulate levels. 9. 1 • '. . ,, . a i . :1 1 - 1 r • "r 1 . • I I . 1 1 1 1 I a . . . . 4' _ _ K to completed cut nd fill rn a. 21 efigep 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 i 1 • • • i 1 1 1 r • •r 1 "'r • 1 • •• 1 1 1 1 •• • • • ie... . . • • streets in the vicinity of the site to remove silt ti e,,fine earth material transported from the site by wind. vehicular activities.water runoff.etc.)which may have accumulated from construction activities. The frequency of this measure is variabledepending upon the accumulation of such silt, Sweeping should be done prior to automobiles and wind kicking up the silt and causing wind-hone dust 12. Engineering specifications to require that site development contractor(s) cover all material (debris from clearing and grubbing, as well as construction-related debris) being moved from the site. 13. Engineering specifications to require that site development contractor(s) periodically water material stockpiles when dust forms. 14. 1 • '1 " . 1 • 1 1 1 r • 1 . C • . • .. ', , 1 . r , . 11 ..' 1 1 . .1 1 1 . 1 +• •1 • 4.1,5 • 1 ••• 1 1 . 1 • •1 • I • J 1 1 ' . • J 11 1 . •11 1 n • ;Y•• . • 1 1 11 • 1 1 •y. •J. • •1• •1 1 . 1 • 1 . •_ 1 ' •, v 1 1• ri• 1 ; •• 11 •01 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 • • •, •1 • r i 1.. t, :. 1 • 1 - 1' 1 i 1.11. ._ •, . 1 ' - •- - 1116 1 , 1 . 11'1.• 1•11 measures do not constitute a transportation demand management (TDM) plan and the applicant wi _ l • ' 1'•v' S 1 • '_L' _i • .. II U SL1 •. •t • _'it. i• t .i. . it _.. . . . 1 • they are successfuL While it is not feasible to require the project applicant to establish a TDM • •_ • L .1 • 4 ' 1 1 11 .. 11 4. 1 . • . . .. - '. 1.. 1 • . 1 1 • 1 • .1 • • • C 11 !1.!1 .1 • .•. 11• 1 1 11 .. 1 1 •1t 1 .1 -11U 11 ' • i, 1 _ • • .. 1 1 1 1 1 1 . • _ 1 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 owners/tenants of each lot,who employ twenty or more full-time employees.to do the following; • provide preferential parking pr carpooling groups with the location approved by the City's J)irector of Community Development, • enroll in the County's Commuter Computer program which provides computerized rideshare matching services 17. ' • • 1 • Y • . 1 % 1I . 1 11 • • 4• •/ ' , . ' • 1 l • 11 • 1 - ,/ 1 1 • 1 •1 1 1 1 • 1 _ •1 _ \ • • 1 1 1 1 1 •1 . \• 1 1 $ . 1 % 1• • • 4110 '. 1 . • 11 + • • '11 • 1 .11 . . 11. . • 1 \ • 9 • • • / • • 1S. . • ••' 1 ' 1 . 1 l' .i 1 1 1 .1 •1 . .ia- _ . . • • 11 • . 1 . : - 1 1 ' �• .i . •. r • 110% 1 •1 " a' YI 1 r . •r " 1 , 1 " •1 • 41 • • • . 10 n • n1 a trip reduction plan containing strategies to reduce the number of solo drivers commuting to the worksite. The target is to meet a specific average vehicle ridership (AVR) of 135. This will he increased to 1 5 after 1997. Such a plan can reduce total project-generated emissions by 22 following trip reduction measurer - ,' ' •1 . I . '1 I : - ' 1. I I 1 u 4• ' . I • .. 1 • . 1 . • 1 1 • I.I I I •; - Use of fleet vehicles for ridesharing purposes or by ridesharing employees for personal errands • .'1 • I . 1 1 • I I I I r 1. 1 1 . I . .: '.' :I , I . . .'1 • • •. 1 :1 employees. - Preferential parkingjor ridesharing vehicles - Facility improvements whichtrovide preferential access and/or egress for ridesharing vehicles - Personal rideshare matching and/or active use of computerized ridesbare matching service such as Commuter Computer. - L . . . •-I1 1 I11 1lll'J . 11 ll, I • y, 1 I1 ' ' 111 1l •1 JII 4'' 119 •1. - 111 - An on-site day care facility - \ '1111 ' 11 11. 41 4 11 1•Y •1 ' 11 . 1 1 • . ' p ••Y - • • 1 1. 4 - .•• . 1 . 1 ' . •r • .' q •'M w .. l • Y . 1 - Compressed work weeks such as 4/40 or a 9/80 or a 3/36 work schedule where employees report to work fewer days during a two week period,but for longer work shifts,than employees who work five 8-hour days per week, - Telecomjnuting(i.e..working at home)one or more days per week• 1 1 1 III . .i I . ' I ' 1 .. 1 n 11 : • I . 1 • • I . '• 1 ' 10 •_ .1 4911-1- 1 1 . 9 . .I • I I ;nl •' I . '•1 1 • . :11 . ;1 1 • 1.1 ' • , 1 approval. After occupancy of the building,the APCD will contact the tenant and work with them, to complete and implement theft plan- 19.A representative of the Air Pollution Control District will conduct an annual air quality education program on site to alert employees to any new developments in air quality information. This pleasure shall he 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 irip&. 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 • .• / • 11 • ' 1' ' •Ios.:II in 1 -. 41 .4 , 4. 1 ' 14 ' 1 4' . 1 • 49I1 11 1A Angeles Avenue in the project site plan and Final Tract Map.in order for it to be easily constructed if public transit is extended into the project frontage. Location to be approved by the City of Moorpark and Caltrans, 24. DELETE Subdivider to dedicate portions of the project site, for use as a bus turnout, as an easement to the City of Moorpark. Locations as approved by City Engineer. 25. . , s '. ' 1 . 1 1 1 . I 1 1 1 . .1 1 ) ' u . l • 1/ e l • " •1 ' 1 I O u S 1 , • • . 1 I.• would be the required off-site TDM fee.if no a ission offs is an b ob in d 23 07/ A. The approving jurisdiction should determine the basis Inc collection and how the funds are to be spent. The funds should be spent or committed to a project within five years of receipt of the funds. B. TDM funds must be used for projects or programs in the aushed in which the proposed project will be located(i.e..the Oxnard Plain Airshed). Ridesharing arrangements or public transit i - . . 1 1 1r • 1 . 1 w 1 .' . 1 • . 1 . 1' 1 _vv - 1 - '! 1 - .. 1 , . . of the funds. C. YI ;q • i 1.90 1 1 : , 1 . • 1 Y ./ 1 , • ,, r 1 . , , .. 11 1 , • , • 'q 11 1 1 . .IC to 41 UI 1 . . 11 .• . %l .t . II.vF 1. D. or ., . 1 . . 1I. . . .) . 1. •r1. JI ' •I ,J. 1 • ./\I 11 1 •1 j/1 YI ll I. 111 jntersertion improvementsand rhanneli'atinnas the benefits from these projects are primarily traffic-related and not air quality-related. Noise 26. Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m., and shall exclude Sundays. 27. During site preparation and construction, construction equipment shall be fitted with modern sound- reduction equipment. 28. The noise wall adjacent to Shop Numbers 1, 2 and Retail "A" shall be a minimum of eight feet in height. 29. Vehicle speed limits of 25 mph shall be posted along Liberty Bell and Lassen Avenue. 30. Use of parking lot vacuums and landscape maintenance equipment shall be limited to the hours of 8 a.m. and 7 p.m. weekdays. 31. Provide staging areas on-site to minimize off-site transportation of heavy construction equipment, Locate these areas to maximize the distance between activity and existing residential areas 32. Designate and follow truck/equipment routes that travel through a minimum number of residential areas-as approved by the City Engin a mer 33. Ten-foot high noise attenuation walls shall be located around loading areas in the rear of the anchor tenants. Police Protection 34. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be erected around the construction site. 35. Construction equipment, tools, etc., shall be properly secured during non-working hours. 36. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation during non-working hours. All serial numbers shall be recorded for identification purposes. 24 37. 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 _38. Landscaping shall not obstruct any exterior door or window. 39. Landscaping is to be maintained at a height where pedestrians will have full view of the area with no obstructions. 40. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or screen views of a seated driver from another moving vehicle or pedestrian. 41. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 42. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 43. Address numbers shall be a minimum of six inches in height and illuminated during the hours of darkness. 44. All exterior doors shall be constructed of solid wood core a minimum of I 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. 45. Doors utilizing a cylinder lock shall have a minimum five pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. 46. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc. 47. Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. Parks 48. Prior to the issuance of building permits.the develnner shall pay the City's park impact fee for the project.as calculated below. Sanitary Sewers 49. The project applicant shall be required to fund all sewer infrastructure improvements necessary to accommodate the proposed project demand. 50. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department sewer connection regulations. These mitigation measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1). 51. In accordance with the Ventura County Waterworks District No. 1 adopted Water Conservation Rules,all buildings shall include ultra low water use plumbing fixtures 25 Storm Drainage 52. On-site detention basins should be incorporated into the proposed site plan. The use of landscape mounding within the landscape medians planned throughout the proposed parking areas, with area drains placed in a sump condition, would allow for some storage. Solid Waste 53. To encourage future residents and tenants of the proposed project to contribute materials for recycling, design considerations shall be included in each development component that would provide adequate space and facilities for the storage and transfer of recyclable materials. 54. A waste reduction and rec clingplan shall be submitted to and avvroved by the City of Moorpark , .1t 01. ”•', 'I 4 I . Int • •, • pY- • .. 4.% • I '4 :'• P. .. •'-, •.• II • : 4 materials recyc ing praazams. This shall include the acquirinof storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pick-up schedule. These recycling bins shall be located near on-site trash receptacles, 55. The developer shall require(in the construction specification and bid pack e)insulation and other building materials made of recycled materials.to the extent possible,to increase the demand for (and value of)recyclables, 56. The developer shall design and construct endosed trash collection areas that are large enough to accommodate trash separation bins for recvdables in addition to those for non-recydables. The site plan shall depict these areas. which will be avproved by the Community Development Department.prior to zoning clearance 57.The City's Building Official will verify that trash compactors are installed for non-recyclables. wherever feasible on the project site, Visual/Architecture 58. • . , , • • . • : I . • • y'line • .u L• • • .. • • I • II ,, I•$: $4' • • ,, • II W PIM J• prior_ta_Zone_Clearance,that ensures that a sufficient amount of tall and rapidly growing trees and/or shrubs, in minimum 24-inch size box containers, are planted along the western site boundary to minimize the glare impacts and the loss of privacy of the nearby single-family neighborhood. All perimeter landscaping elements shall be completed prior to any tenant occupancy. Plant a sufficient amount of tall growing trees and/or shrubs along the western site boundary to minimize the glare impacts and the loss of privacy of the nearby single-family neighborhood. 59. The applicant shall have a tree report prepared consistent with City code requirements, to b e submitted for review and approval by the Community Development Department,prior to Zone Clearance. Landscaping shall be provided for the commercial development which is equivalent to not less than the value of the 310 trees which will be removed. 60. 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 . (4 • • • I • I, •, q.k. • • •t , I - • . ,••, . I • i• • , , ' . I v 61. Colors and materials of the proposed building shall be compatible with the surrounding area,as approved by the Community Development Department 26 C-3/ 62. No illuminated building mounted signs shall be permitted on any building facade facing towards a residential neighborhood. 63. Tinted windows shall be installed to minimize the emittance of light and glare from interior sources. Traffic Maureen Lane and Los Angeles Avenue 64. Provide an additional lane on Los Angeles Avenue, in both the eastbound and westbound directions. (Improves to LOS A during AM and PM peak hours) Liberty Bell Road and Los Angeles Avenue 65. Provide an additional lane on Los Angeles Avenue. Also provide three lanes on the southbound Liberty Bell Road approach to the intersection. (Improves to LOS B during the AM peak hour and to LOS C during the PM peak hour) Park Lane and Los Angeles Avenue 66. Provide additional right-of-way on Los Angeles Avenue and widen Park Lane to allow three lanes on the southbound approach to the intersection prior to occupancy. (Improves to LOS B during the AM peak hour and to LOS C during the PM peak hour) College View Avenue and State Route 118 67. Complete the link between the Route 23 and Route 118 Freeways, which could reduce traffic in this east-west corridor by 25 percent or more. Due to right-of-way limitations and major physical restrictions west of this location, it is not practical to widen Route 118 in this area, at this time. Los Angeles Avenue and Moorpark Road 68. Provide an additional northbound left-turn lane to the eastbound approach. (Improves to LOS C during the PM peak hour). Los Angeles Avenue and Spring Road 69. Provide an additional northbound left-turn lane, one additional through and left-turn lane for both southbound and eastbound approaches, and one additional through lane for the westbound approach. (Improves to LOS B during both AM and PM peak hours). Project Aceess and Circulation 70. Construct Lassen Avenue, Park Lane and Liberty Bell Road along the site boundaries 40-foot roadways, within 56 feet of right-of-way. 71. Install traffic signals at the Los Angeles Avenue project entrances, at Liberty Bell Road and Park Lane. 72. Provide adequate acceleration/deceleration lanes at the driveway location between Park Lane and Liberty Bell Road, and restrict to right-turn in and right-turn out movements. 73. Widen Los Angeles Avenue along the project frontage to the full 102 foot section width, with two through lanes and a left turn lane in each direction, at least until the freeway links are completed and their effects can be observed. 74. Restrict left-turn access from Los Angeles Avenue only to signalized locations. 27 aoR EXHIBIT "D" FINDINGS OF SIGNIFICANCE FOR THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT(EIR) FOR MISSION BELL PLAZA MAJOR MODIFICATION#1 CPD 89-1,89-2 SEPTEMBER 18,1991 The following Findings for the Major Modification#1 for CPD 89-1,89-2 and TTM 4757(Mission Bell Plaza) have been made pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California,Section 15091 of the CEQA Guidelines). The City Council of the City of Moorpark has determined that the environmental issues,effects and mitigation of the proposed Mission Bell Plaza were properly addressed in the Draft and Final Supplemental EIR prepared for the proposed project, and that cumulative impacts are also adequately addressed in the Draft and Final Supplemental EIR The following Findings are made with regard to the significant environmental effects identified in the Draft and Final Supplemental EIR prepared for the proposed project. These Findings are to serve as the City Council's legally relevant conclusions which expose the City of Moorpark's mode of analysis of facts,regulations and policies,and which bridge the gap between raw data and the ultimate land use decision. A. GEOTECHNICAL RESOURCES Significant Effect The potential for liquefaction represents the only significant geohazard on the site. Finding: A potential for liquefaction exists on-site due to a rising groundwater table in combination with the poorly consolidated alluvial deposits. This could lead to possible structural damage in the event of a severe seismic event. Proper implementation of standard building and safety code requirements and the required mitigation measures listed below will reduce the potential liquefaction hazard below a level of significance. Mitigation Measures: 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. Rationale These mitigation measures have been successfully utilized on numerous projects throughout Southern California where liquefaction potentials are high. It is therefore reasonable to conclude that,with proper implementation of these measures,the liquefaction hazard will be satisfactorily mitigated below a level of significance. 13. AIR QUALITY Si ifi a ffffest Implementation of the project would contribute to significant,adverse long-term cumulative impacts to the local and regional air environment,since the Air Pollution Control District (APCD)standards of 25 lbs.per day(ppd)for Reactive Organic Compounds(ROC)and Oxides of Nitrogen(NOx)would be exceeded. Net emissions above the APCD threshold are I75.3 ppd for ROC and 277.7 ppd for NOx. findinv According to the Air Quality Management Plan(AQMP),commercial projects are considered consistent with the AQMP,if they are considered population dependent. This project component is intended to serve the local population,and as such,is considered consistent with the AQMP. Yet, the proposed commercial development will contribute to cumulatively significant effect on air quality,due to the total amount of emissions that will be generated by vehicle traffic and added to the local airshed. The following mitigation measures are identified in the Final Supplemental EIR and would reduce the amount of air emissions generated by the project. However,the measures would not reduce cumulative air quality impacts below a level of significance. Mitigation Measures: 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 2 hour as recommended by the APCD) shall cease, and that the site development contractor(s) is to maintain contact with the APCD meteorologist for current information about average wind speeds. 5. Project engineer to phase and schedule construction activities to avoid high ozone days. 6. Engineering specifications to require that the site development contractor(s) make face masks available to all employees involved in grading operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. 7. Engineering specifications to require that site development contractor(s) cover primary site access roads with gravel during all construction periods. 8. Engineering specifications to require that site development contractor(s) landscape all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast-growing, soil-binding plant to reduce wind erosion and its contribution to local particulate levels. 9. Engineering specifications to require that site development contractor(s) apply chemical stabilizers to completed cut and fill areas. 10. Engineering specifications to require that site development contractor(s) limit on-site vehicular traffic to no more than 15 mph during construction,and that such speed limit be visibly posted on site. 11. Engineering specifications to require that site development contractor(s) periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. The frequency of this measure is variable,depending upon the accumulation of such silt. Sweeping should be done prior to automobiles and wind kicking up the silt and causing wind-borne dust. 12. Engineering specifications to require that site development contractor(s) cover all material (debris from clearing and grubbing,as well as construction-related debris)being moved from the site. 13. Engineering specifications to require that site development contractor(s) periodically water material stockpiles when dust forms. 14. Engineering specifications to require that site development contractor(s) maintain equipment engines in good condition and in proper tune as per manufacturers'specifications to prevent excessive emissions,and use low sulfur fuel for construction equipment. 15. Engineering specifications to require that site development contractor(s) keep all grading and construction equipment on or near the site until the site preparation phase of the proposed project is completed. Long Term The following mitigation measures were obtained from the APCD's Guidelines for the Preparation of Air Quality Impact Analyses and the City of Moorpark. It should be noted that these mitigation measures do not constitute a transportation demand management (TDM) plan and the applicant would not receive credit against an off-site TDM fund for implementation these measures even if they are successful. While it is not feasible to require the project applicant to establish a TDM program for the project site as future tenants of the site are yet unknown, the following recommended mitigation measures can be implemented by the project applicant and can contribute towards the reduction of project-related air quality impacts, though the impacts will not be fully mitigated below a level of significance. 3 16. Applicant to prepare CC&Rs that would require future owners/tenants of each lot, who employ twenty or more full-time employees, to do the following: • provide preferential parking for carpooling groups with the location approved by the City's Director of Community Development. • enroll in the County's Commuter Computer program which provides computerized rideshare matching services. 17. Prior to occupancy, Ventura County APCD to review all uses to ensure compliance with the California Health and Safety Code (Section 44300 et seq.) regarding the use, storage, and disposition of hazardous materials. City to withhold the final certificates of occupancy until compliance with these provisions from the Ventura County APCD is provided. 18. All project tenants with greater than 50 employees will be required to comply with APCD Rule 210, the District's trip reduction measure. This rule requires that the employer develop and implement a trip reduction plan containing strategies to reduce the number of solo drivers commuting to the worksite. The target is to meet a specific average vehicle ridership (AVR) of 1.35. This will be increased to 1.5 after 1997. Such a plan can reduce total project-generated emissions by approximately eight percent. Increased AVR may be achieved by, but is not limited to, the following trip reduction measures: - Direct financial incentives for employees who carpool,vanpool,buspool,or use public facilities. - Use of fleet vehicles for ridesharing purposes or by ridesharing employees for personal errands. - Pay parking for drive alone commuters and, full or partial subsidization of parking for ridesharing employees. - Preferential parking for ridesharing vehicles. - Facility improvements which provide preferential access and/or egress for ridesharing vehicles. - Personal rideshare matching and/or active use of computerized rideshare matching service such as Commuter Computer. - A guaranteed-ride-home program for ridesharing employees in emergency situations. - An on-site day care facility. - Facility improvements to encourage bicycling and walking(showers,bicycle racks or lockers,etc.). - flexible work schedules for transit users,bicyclists,and pedestrians. - Compressed work weeks such as 4/40 or a 9/80 or a 3/36 work schedule where employees report to work fewer days during a two week period,but for longer work shifts, than employees who work five 8-hour days per week. - Telecommuting(i.e.,working at home)one or more days per week. In order to comply with APCD Rule 210, the tenant must notify the Transportation Program Administrator at APCD, by mail, that the firm is to begin operation, prior to zoning clearance approval. After occupancy of the building, the APCD will contact the tenant and work with them to complete and implement their plan. 19. A representative of the Air Pollution Control District will conduct an annual air quality education program on site to alert employees to any new developments in air quality information. This measure shall be coordinated through the APCD. 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. 4 22. Off-site Vehicular Traffic Circulation Improvements - The applicant should contribute funds toward the improvement of local vehicular traffic circulation improvements. Such improvements could include improved signal sychronization and/or widening of intersections/roadways. This measure is proposed in order to improve the flow of traffic in the City which would reduce congestion and the emission of air pollutants. 23 Subdivider to dedicate sufficient right-of-way to incorporate one bus shelter and bus turnout on Los Angeles Avenue in the project site plan and Final Tract Map, in order for it to be easily constructed if public transit is extended into the project frontage. Location to be approved by the City of Moorpark and Ca!trans. 24. Contribute to an off-site Transportation Demand Management (TDM) fund. A fee of $568,467.24 would be the required off-site TDM fee,if no emission offsets can be obtained. A. The approving jurisdiction should determine the basis for collection and how the funds are to be spent. The funds should be spent or committed to a project within five years of receipt of the funds. B. TDM funds must be used for projects or programs in the airshed in which the proposed project will be located (i.e., the Oxnard Plain Airshed). Ridesharing arrangements or public transit services which originate outside the airshed but which serve the airshed arc also eligible uses of the funds. C. The approving jurisdiction should establish a TDM fund to receive and hold the funds until such ime as the funds are spent on an approved project or program_ D. TDM funds should not be used for traffic engineering projects,including signal synchronization, intersection improvements,and channelization,as the benefits from these projects are primarily traffic-related and not air quality-related. Rationale Although the above measures will reduce air emissions associated with the project and would contribute to regional air quality management programs,the projected emissions(as modelled in the Draft EIR)resulting from cumulative development activities would still create a significant, unadvoidable impact. Due to these unavoidable and significant adverse impacts on air quality,a Statement of Overriding Considerations must be adapted in association with any approval of the project(See Statement of Overriding Considerations portion of Exhibit"E"). C. NOISE Significant Effect: The proposed project would generate noise levels in excess of the identified noise standards in the Draft Supplemental EIR(section 3) which would adversely impact surrounding land uses during the short term construction phase as well as the long term operation phase. This project will also contribute to cumulative traffic increases which would result in noise levels of 68 to 74 dB Leg along Los Angeles Avenue,a street which is currently a source of significantly adverse noise levels. Finding: The following mitigation measures are identified in the Final Supplemental EIR and would control and limit noise levels, to the extent feasible. These measures, however,are not capable of reducing the construction impacts or long term traffic noise impacts to insignificant levels. Due to these 5 unavoidable,significant adverse effects on the noise environment, a Statement of Overriding Considerations must be adopted in association with any approval of the project(See Statement of Overriding Considerations portion of Exhibit "E"). Mitigation Measures: Short Term 25. Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m., and shall exclude Sundays. 26. During site preparation and construction,construction equipment shall be fitted with modem sound- reduction equipment. Long Tenn 27. The noise wall adjacent to Shop Numbers 1, 2 and Retail "A" shall be a minimum of eight feet in height. 28. Vehicle speed limits of 25 mph shall be posted along Liberty Bell and Lassen Avenue. 29. Use of parking lot vacuums and landscape maintenance equipment shall be limited to the hours of 8 a.m.and 7 p.m weekdays. 30. 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. 31. Designate and follow truck/equipment routes that travel through a minimum number of residential areas,as approved by the City Engineer. 32. Ten-foot high noise attenuation walls shall be located around loading areas in the rear of the anchor tenants. Rationale Due to these unavoidable significant adverse noise impacts,a Statement of Overriding Considerations must be adopted in association with any approval of the project (See Statement of Overriding Considerations portion of Exhibit"E"). D. FIRE PROTECTION Significant Effect: The project would result in an incremental increase in the use of the City's fire protection services. However, the project contains no element that poses any unique fire hazard and no significant impact to fire supression services would result. pindingt The proposed tract map and commercial development is not expected to significantly impact the provision of fire protection services to the site. Fire protection and emergency medical services are currently provided to the site. Fire protection measures required by the County of Ventura Fire 6 38 Protection District would be addressed during final plan review subsequent to City approval. In addition, many of the mitigation measures listed in the Police Protection section of these Findings address concerns of the Fire Department. Mitigation Measures: NONE. Rationale Therefore, with proper implementation of fire protection measures and enforcement of district requirements,any impacts will be reduced below a level of significance. E. POLICE PROTECTION Signifi a�ct The project would result in an incremental increase in calls to the Ventura County Sheriffs Department. However, the project contains no element that poses any unique hazard or risk and no significant impact to police protection services would result. Finding: The proposed tract map and commercial development is not expected to significantly impact the provision of police protection services to the site,even though development of the site will increase the number of emergency calls received by the Police Department. Police protection is currently provided to the site. Mitigation Measures: Police protection measures required by the Ventura County Sheriffs Department and Moorpark Police Department would be addressed during final plan review subsequent to City approval. 33. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be erected around the construction site. 34. Construction equipment,tools,etc.,shall be properly secured during non-working hours. 35. 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. 36. 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 37. Landscaping shall not obstruct any exterior door or window. 38. Landscaping is to be maintained at a height where pedestrians will have full view of the area with no obstructions. 39. 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. 7 59 40. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 41. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 42. Address numbers shall be a minimum of six inches in height and illuminated during the hours of darkness. 43. 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. 44. 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. 45. There shall not be any easy exterior access to the roof area, i.e.,ladders, trees, high walls, etc. 46. 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. Rationale Therefore,with proper implementation of police protection measures and enforcement of department requirements,any impacts will be reduced below a level of significance. F. PARKS AND RECREATION Significant Effect The proposed project does not include any residential uses. The proposed tract map and commercial development will not significantly impact the provision of parks and recreation services to the site since no residential uses are proposed with the project. finding; The project would not increase local population levels and would not result in a significant increase use of City park and recreation facilities. However, employees would be expected to use City Parks and Recreation facilities and mitigation is required. Mitigation Measures: Parks and Recreation impacts will be mitigated by the payment of a fee of$0.25 per square foot of commercial use,consistent with City policy. 47. Prior to the issuance of building permits, the developer shall pay the City's park impact fee for the project,as calculated below: 265,940 square feet x$0.25 per square foot of commercial use=$66,485.00. Rationale Therefore,with proper implementation of the mitigation measure,any impacts will be reduced below a level of significance. 8 140 C. WATER PROVISIONS Significant Effect: No significant adverse impacts to water provision or area water supplies have been identified. Finding; The Ventura County Waterworks District can provide the required water to the site, utilizing the existing infrastructure. Mitigation Measures: NONE. Rationale Therefore,with proper Implementation of Ventura County Waterworks District standards and City Engineering requirements,any impacts will be reduced below a level of significance. H. SANITARY SEWERS Significant Effect: For the impacts of the project to sanitary sewers have been identified as cumulatively significant and adverse, but mitigated. Finding; The Ventura County Waterworks District No. 1 would not be significantly impacted by wastewater flows generated by the proposed project at this time. However,due to area-wide growth, limited available sewage treatment plant capacity is expected to exist when all proposed projects in the City of Moorpark become operational (i.e. during the design year). At that time, the proposed project would would overburden the existing Moorpark Wastewater Treatment Facility (the upper commercial component would not have a significant effect). However, the treatment plant is currently being expanded to increase its capacity in order to manage future wastewater demand. In addition,the City Engineer can oversee the connection of the project into the sewer system to assure that sufficient capacity exists in the system and treatment plant,prior to occupancy of the proposed project. Mitigation Measures: The following mitigation measures are designed to reduce the project impacts on the sewage treatment and disposal infrastructure below a level of significance. 48. The project applicant shall be required to fund all sewer infrastructure improvements necessary to accommodate the proposed project demand. 49. 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. I). 50. In accordance with the Ventura County Waterworks District No. 1 adopted Water Conservation Rules,all buildings shall include ultra low water use plumbing fixtures. 9 Li- r Rationale Therefore,with proper implementation of City Engineering standards and the mitigation measures, as well as phasing of the proposed project to assure that the sewer system and treatment plant are not overburdened,any impacts will be reduced below a level of significance. I. STORM DRAINAGE Significant Effect: No significant adverse impacts to storm drainage have been identified. Finding; The proposed project would result in a minor increase in off-site runoff due to the increase in impervious surface on the property. However, the proposed parcel map and commercial development is not expected to significantly impact the storm drainage system on or off the site since additional runoff created by this project can be conveyed to the proper drainage facility via the existing and proposed storm drainage infrastructure and on-site retention basins. Mitigation Measures: The following mitigation measure is required in order to minimize any adverse storm drainage impact: 51. 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. Rationale Therefore,with proper implementation of City Engineering standards and the mitigation measure,any impacts will be reduced below a level of significance. J. SOLID WASTE Significant Effect: Significant adverse impacts have been identified in relation to solid waste due to the finite capacity of the local landfill. Finding: The proposed tract map and commercial development is expected to contribute to a cumulatively significant impact on the collection and disposal of solid waste on or off the site. Solid waste would be generated by each project component, transferred off-site by a licensed carrier and disposed of at an area landfill. Additional demand created by this project can be served via the existing solid waste collection, recycling and disposal system. However, solid waste landfills are a finite resource. The County of Ventura Solid Waste Management Department indicates that recycling is the most effective means of mitigating impacts to solid waste management resources. Mitigation Measures: The following mitigation measure is required in order to minimize any significant, adverse solid waste impact: 10 � a 52. 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. 53. A waste reduction and recycling plan shall be submitted to and approved by the City of Moorpark Community Development Department,prior to occupancy of the main tenant buildings. The plan shall include a designated building manager, who be responsible for initiating on-site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pick-up schedule. These recycling bins shall be located near on-site trash receptacles. 54. The developer shall require(in the construction specification and bid package) insulation and other building materials made of recycled materials, to the extent possible, to increase the demand for (and value of) recyclables. 55. The developer shall design and construct enclosed trash collection areas that are large enough to accommodate trash separation bins for recydables in addition to those for non-recyclables. The site plan shall depict these areas, which will be approved by the Community Development Department,prior to zoning clearance. 56. The City's Building Official will verify that trash compactors are installed for non-recyclables, wherever feasible on the project site. Rationale Therefore,with proper implementation of City waste disposal standards and the mitigation measures, any impacts will be reduced below a level of significance. K. VISUAL RESOURCES/LIGHT AND GLARE/ARCHITECTURAL Significant Effect: Significant adverse impacts have been identified in relation to aesthetics, but the impacts are mitigable. Finding: Since the project site is currently undeveloped, the proposed commercial development is expected to create significant sources of light and glare, new disruptions to existing viewsheds and introduce new architecture to the city of Moorpark. The site would be transformed from a natural to a man-made environment. The project would be most visible from Los Angeles Avenue but would also be visible from the existing residential area located to the west and the existing school to the northeast. Mitigation Measures: The following mitigation measure are intended to reduce any significant, adverse impacts of views, light and glare and architecture below a level of significance: 57. A landscape plan shall be submitted to and approved by the Community Development Department, prior to Zone Clearance, that ensures that a sufficient amount of tall and rapidly growing trees and/or shrubs,in minimum 24-inch size box containers, are planted along the western site boundary to minimize the glare impacts and the loss of privacy of the nearby single-family neighborhood. All perimeter landscaping elements shall be completed prior to any tenant occupancy. Plant a sufficient amount of tall growing trees and/or shrubs along the western site boundary to minimize the glare impacts and the loss of privacy of the nearby single-family neighborhood. 11 43 58. The applicant shall have a tree report prepared consistent with City code requirements, to be submitted for review and approval by the Community Development Department, prior to Zone Clearance. Landscaping shall be provided for the commercial development which is equivalent to not less than the value of the 310 trees which will be removed. 59. 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 review and approval by the Community Development Department,prior to Zone Clearance. 60. Colors and materials of the proposed building shall be compatible with the surrounding area, as approved by the Community Development Department. 61. No illuminated building mounted signs shall be permitted on any building facade facing towards a residential neighborhood. 62. Tinted windows shall be installed to minimize the emittance of light and glare from interior sources. Rationale Therefore,with proper implementation of the mitigation measure, in particular,landscaping,lighting and architectual design,any impacts will be reduced below a level of significance. L. TRAFFIC/CIRCULATION MITIGATION MEASURES Significant Fffect: Implementation of the project would result in a cumulatively significant, unavoidably adverse long-term impact to the traffic volumes on Los Angeles Avenue. finding: Given that this project would result in, or contribute to cumulative traffic volumes at intersections along Los Angeles Avenue that currently exceed City standards for level of service, this project's impact on the City's traffic environment is considered unavoidably significant. The most significant impact of the project is the addition of vehicle trips on the existing overburdened intersections on Los Angeles Avenue,in the vicinity of the project site. Mitigation measures have been imposed by the City Council to reduce the adverse, significant and unmitigable impacts of project related traffic below a level of significance. However, these measures are not capable of reducing the cumulative impacts of all development activities along Los Angeles Avenue to insignificant levels. No mitigation measures are known that would reduce long-term cumulative off-site impacts associated with project-generated traffic below a level of significance. Mitigation Measures: Mitigation measures have been imposed by the City Council to reduce the adverse, significant and unmitigable impacts of project related traffic below a level of significance. The following mitigation measures are offered as part of this EIR; however, these measures are not capable of reducing the cumulative impacts of all development activities along Los Angeles Avenue below a level of significance. 12 qjf Refer to the Conditions of Approval # 80-99 of Exhibit "A" for the major modification # 1 to CPD 89-1, 89-2 for traffic/circulation mitigation measures . Rationale Therefore, the proposed Tract map and commercial development will have a significant effect on traffic, even after mitigation measures are implemented. Mitigation measures are not capable of reducing the impacts below a level of significance. A Statement of Overriding Considerations must be adopted in association with any approval of the project(See Statement of Overriding Considerations portion of Exhibit"E"). M. POPULATION/HOUSING Significant Effect: No significant adverse impacts to population and housing have been identified. Finding; The porposed project does not include any residential uses but could have an indirect impact on the housing environment due to additional housing required by those new employees expected to be new residents of the city. However,most employees should be existing residents of Moorpark. Mitigation Measures: NONE. Rationale Therefore,given the low impact of the project on population and housing,any impacts will be below a level of significance. N. HEALTH HAZARDS Significant Effect: No significant adverse health hazards have been identified. Finding: There is the potential for unsafe operation of the gas station and restaurants. However, County, State andFederal environmental protection laws and standards will preclude the creation of any unhealthful situations. The proposed parcel map and commercial development is not expected to create any significant health hazards on or off site. Mitigation Measures: NONE. Rationale Therefore, given the County, State and Federal environmental protection laws and standards which will preclude the creation of any unhealthful situations,any impacts will be reduced below a level of significance. 13 ‘Is ALTERNATIVES Four alternatives to the proposed project were discussed in the original Draft EIR(section 7). None of the four alternatives were choosen by the City Council since the alternatives do not achieve the city of Moorpark's goals for general plan consistency,commercial service provision and efficient traffic circulation for the residents of Moorpark. 14 r (C) EXHIBIT"E" STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR MISSION BELL PLAZA SEPTEMBER 18,1991 Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California, Section 15093 of the CEQA Guidelines), the City Council of the City of Moorpark determines that the environmental issues, effects and mitigation of the proposed project are similar to those addressed in the Draft and Final Supplemental EIR prepared for the proposed project and that cumulative impacts are adequately addressed in the Draft and Final Supplemental EIR. The City Council has determined that,due to the information provided in the Draft and Final Supplemental EIR, City Council Staff Reports and public testimony; 1) some significant environmental impacts listed in the Draft Supplemental EIR are not mitigable below a level of significance (air quality, noise and traffic), 2) all suggested alternative projects within the Draft Supplemental EIR are not feasible(see Findings of Significance in Exhibit D). Therefore, Statements of Overriding Consideration in relation to the Mission Bell Plaza are presented below. From this, it is determined that the benefits of the proposed project to the State of California, County of Ventura and the City of Moorpark outweigh the unavoidable adverse • environmental effects of air quality, noise and traffic. Statement of Overriding Considerations; - The project is consistent with the city's General Plan for land use and provision of commercial services for the local population. - On December 7, 1988, the Moorpark City Council adopted Resolution No. 88-527 indicating its intent to implement reasonably available transportation control measures from the 1987 County of Ventura Air Quality Management Plan (AQMP). Since the project site has never been developed, no air pollutants are currently generated by its use. The proposed project will add 265,940 square feet of neighborhood retail commercial to the city of Moorpark. Once the retail commercial project is in operation,the amount of air pollutants will increase on-site and in the general area. The City of Moorpark City Council reduced the required Ventura County Air Pollution Control District(APCD)fee for mitigation of project- 1 q- 7 related air pollutants from $1,795,656.71 to $568,467.24. The purpose of the $1,795,656.71 fee is to mitigate project related air pollutants in order to help implement the AQMP.This fee is based on the current(1989)APCD guidelines. However, currently, many Moorpark residents travel out of the city limits of Moorpark for neighborhood retail shopping purposes. The proposed neighborhood retail commercial center will result in a reduction in vehicle miles travelled (VMT) by Moorpark residents since Moorpark residents will travel a shorter distance to the proposed neighborhood commercial facilities (once the commercial center is in operation). Therefore, the total amount of air pollutants within the sub-regional airshed will be decreased since total vehicle miles travelled (VMT) will decrease. - Operation of this neighborhood retail commercial center will result in increased revenue to the local general tax base due to increased market capture of local resident's disposable income. - Developer-funded improvements to Los Angeles Avenue (to be completed prior to occupancy by tenants of the project), such as mad widening, turn lanes and traffic signalization, will benefit residents of Ventura County as well as the city of Moorpark due to improved traffic flow and safety. 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING THE TENTATIVE TRACT MAP (TTM) 4757 FOR VENTURA PACIFIC CAPITAL CORPORATION AND MACLEOD CONSTRUCTION COMPANY (ASSESSOR'S PARCEL # 511-080- 190,200,210,310,320,AND 370). WHEREAS, at duly noticed public hearing on August 21, 1991, September 4, 1991, and September 18, 1991, the City Council considered the Tentative Tract Map (TTM)4757 for thirteen (13) parcels, located on the north side of Los Angeles Avenue and west side of Park Lane in the City of Moorpark;and WHEREAS,at its meeting of August 21, 1991, September 4, 1991,and September 18, 1991, the City Council opened the public hearing, and took testimony from all those wishing to testify and then closed the public hearing on September 18,1991;and WHEREAS, the City Council after review and consideration of the information contained in the Staff Report dated August 21, 1991, September 4, 1991, and September 18, 1991, and the draft Supplemental Environmental Impact Report (EIR) prepared for the proposed project has reached a decision on this matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Qtwlity Act (CEQA,Division 13 of the Public Resources Code of the State of California),the City Council of the City of Moorpark determines that the environmental issues,effects and mitigation of the proposed project are similar to those addressed in the Draft Supplemental EIR prepared for the proposed project and that cumulative impacts are adequately addressed in the Draft Supplemental EIk SECTION 2. That the City Council certifies compliance with the following: a. Subdivision Map Art Compliance: Based upon the information set forth above,it is determined that the subject Tentative Tract Map 4757 meets the requirements of California Government Code(The Subdivision Map Ad)Sections 66410-6649958 et seq., as follows: • The proposed map is consistent with the applicable general and specific plans; • The design and improvements of the proposed subdivision are generally consistent with the applicable and general specific plans; • The site is physically suitable for the type of development proposed; ATTACHMENT 2 6/—q• The site is physically suitable for the proposed density of development; • The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage that have not been disclosed in the Draft Supplemental EIR; • The design of the subdivision and the type of improvements are not likely to cause serious public health problems; • The design of the subdivision and the type of improvements would not conflict with easements,acquired by the public at large,for access through or use of property within the proposed subdivision. • There would be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et sea.;and • The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. b. Certification of the Mitigation Monitoring Plan for the Final Supplemental EIR, which is incorporated herein by reference as Exhibit "C". c. Approves the Findings of Significance and Statement of Overriding Considerations as required under section 21081 and 15093 of the California Environmental Quality Act (CEQA) and Guidelines, which are incorporated herein by reference as Exhibit"D" and "E". SECTION 3. Therefore, the City Council approves the following a. The Tentative Tract Map (TTM)4757 pursuant to the findings in the City Council staff report dated September 18, 1991,and subject to the conditions of approval contained in the staff report dated September 4, 1991 and September 18,1991,(EXHIBIT'B') including the changes to the conditions of approval as stated by the City Council on September 4,1991. SD The action with the foregoing direction was approved by the following role call vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, APPROVED AND ADOPTED THIS Paul W.Lawrason,Jr. City of Moorpark ATTEST: - Lillian E. Kellerman City Clerk Attachments: 1. Exhibit B-Conditions of Approval for TTM 4757. .r/ 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 lulu Ala underline represents new proposed language. DEPARTMENT OF COMMUNITY DEVFLOPMENT CONDITIONS TENTATIVE TRACT MAP CONDITIONS GENERAL REQUIREMENTS 1. The conditions of approval of this Tentative Tract Map supersede all conflicting notations, specifications,dimensions,typical sections and the like which may be shown on said map:and that all provisions of the Subdivision Map Act,City of Moorpark Ordinance and adopted City policies apply. 2. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the conditions of this Map. 3. All applicable requirements of any law or agency of the State,City of Moorpark and any other governmental entity shall be met,and all such requirements and enactments shall,by reference, become conditions of this entitlement. 4. The developer's recordation of this map and/or commencement of construction as a result of this map shall be deemed to be acceptance of all conditions of this map by the applicant. 5. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take pteifdence. 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. t 5a 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 proiect by the City Council.the applicant shall deposit with the City a check for $850.00 plus_a_1125.,00 filing fee made payable to the County of Ventura. This fee is for the State Department of Fish and Game required Notice of Determination filing fee in accordance with Assembly Bill 3158. for the management and • U l' M� 1 1. _ ..y.I •. • 1 1 • . •l C • iY 12. ,Any appropriate conditions for CPD 89-1.89-2(Major Modification)that are applicable to this subdivision shall be incorporated by reference in the conditions of approval for Tentative Tart 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. CITYanESIGINEER'SCONDMINa 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 2 53 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. 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 3 T 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. As an option.an easement for Liberty Bell Road between phase 2 and 3 may he created rather thane h o s +ction of iberty Bell Road. c. Lassen Avenue per Plate B-5A, modified to have 56 feet of right-of-way to match the existing, previously dedicated, alignment per Parcel Map No. 3781 on the easterly portion of the project site. Lassen Avenue shall have a 6 foot sidewalk and 4 foot landscaped area on the south side, within the 8 foot parkway area and a 2 foot landscape and pedestrian easement. All improvements south of centerline plus 12 feet north of centerline except along the Chaparral Middle School frontage where full-width street improvements (including curb, gutter, sidewalk,driveway and landscaping) shall be constructed. Landscaping and irrigation shall be installed along the easement area between the school district property and future Lassen Avenue.The landscaping shall be designed and constructed to the satisfaction of the Director of 4 5Comm55- Community unity 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 acconiance 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 • 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. 6 ,51 23. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City. 24. The applicant shall indicate in writing to the City the disposition of any water well (or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No.2372 and per Division of Oil and Gas requirements. 25. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 664625; b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision(e)of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired,and (iv)a current Litigation Guarantee Report; c. Enter into an agreement with the City,guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 26. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 27. The applicant shall execute a covenant running with the land on behalf of itself and its successors,heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique for the construction of public improvements, including but not limited to, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the City Engineer. 28. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model homes,temporary debris basins,etc.). 29. The developer of CPD 89-1 shall post sufficient surety for the installation of a traffic signal at the intersection of Los Angeles Avenue - Liberty Bell Road. The applicant will be eligible to receive reimbursement from the Los Angeles Avenue Area of Contribution of up to$65,000 or 50 percent of the construction expenses,whichever is less. CPD 89-2 may elect to install the signal, but is not required to do so. 30. The applicant shall post sufficient surety for the installation of a traffic signal at the intersection of Los Angeles Avenue-Park Lane. 31. The applicant shalt 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. 7 8 -uogaas aaueuiplo algeaydde ayi 4iln%aauewio;uoa u!aq ppm palmbal saa; ata •sluawanoadwp uo!s!nlpgns aarulsuoa o; auawaa1Se aya ;0 uolaendxa ;o @Duenpe tp swan% x!s 45204 lay;o s1aaul2ug Aiij aya 41!m uolsuapxa atop e 1o; aly Heys luealldde ata tit •all;;o s iaauSuq .SID aqi 0l papnugns aq !legs siaags ay aulualuaa algpnpoidal1 '6£ -palnpayas aq !pm uopaadstp leuy a a.io;aq paambaz s! sueld „Hlnq-se„ ;o uolsslwgns -aaags tpea uo laolq app e yllm (sdeuano Jado.zd TVA apew) sielAw .9£ X .ZZ ;o sauas e u! salmq-se se panlwgnsai aq ;situ' /Cay; '.9£ X 2Z ueyi 1aS1el spays uo uoparuisuoa pue Su! !lata 10; panlwgns uaaq aneg Anti sueld 2ulpel2 q noyaly •aay;o s,aaaulSuq ,Sall agi 0; sauud anlq ;o sans oma 41u+ pai iwgns pue laauiiva !Mp s,auealldde aql Aq pampa) aq !pm sueld „4Hnq-se. leut2p0 •g£ •iaa;eaiaya iea( yaea lauuew a>lg u! paseanu! aq Heys pue Ann's aya;o aauenss! leu!2po aauls popad alp.10; (ysyrls yaeag Suo-1/salaSuy sol) xapul aaud slawnsuoa alp ueyi 1a;ea13 10 of lenba lunowe ue pasealau! aq !legs ;luuad Sulplmq asn; aya ;o aauenss! Clue 10 lenoadde dew leuy nue sneaA aat44 ala;;a u! axe aeyi spuoq Aaaans Auy •q •lpunop Al!) aya Aq aaueldaaae Sulmollo; 1eaA auo 10; aaeld u! ulewai !legs /Clams ata -pap/told aq !legs aseqd yaea o; luauplad s;uawanoldwl allgnd aya Sulaaauelen2 /Slams luapy;ns 7419T-ISLLyS gfl 11vHS SNOLLICINOD ONIM01101 HILI 'NOLLVRaNOXa ONOI1 ONV SINIPIHAOLLWI JI1flfd 10 gDNVIdBJJV 01 1I0RId smog_talent wails Aanuoa/Claps 04 sIaumo 4iadoid Aq paulelulew Alaienbape aq Ilam sauawasea asaqi ae4T Mo ayi of papinold aq Heys aauemssy •(s)dew leu!; ayi uo paaeaullap aq Ileus sauawasea aSeulelp Alepuoaas pue sauawasea aSeulelp 404 04 io-; •9£ -spew ssaaae panoadde 10; ;daaxa peoi1!lag Apagrl pue auel)ped'anuany uasse-I'anuany sala8uy s0.7 0l luaaelpe sl424 ssaaae aya )11ed1ooyNl;o AID 041 04 alealpap Heys Tuealldde a4.L -s£ -pannbat se sluawasea aa!/uas allgnd 511ediooyrl ;o AllJ alp oT alealpap of 1a;;o !legs ;uealldde ayy 17£ -spans aygnd 10; Atm-;o-442u l!e 'asn allgnd 1o; Nlledaoon jo Mo alp 01 alealpap 04 1a;;o Heys ;ueaildde ata '££ -ale;lam pue Lineal 'Ala;es allgnd Su!pinold sapuage lewawwanoS He 1o; ssaaae apinold of spalls aaenud lie law)11ediooyrl;o AID aya o; s;uawasea 55033e alealpap o; nip He4s iueaydde agy -Z£ -01 T 91dIJJOJ gfl 11WHS SNOLLIONOJ ONIMO11O3 HILT '1VA01Iddy(WIN 1VNII H.LIM NOLLJNIIINOJ NI •aaueleap Suiuoz 04 loud 'All) 04 pled aq uaya pegs pue aseqd gaga Aq pappe ay;ell leluawalaul aya uo paseq padolanap aq amp antis ew.zold ata •laau!2ug AID alp ;$0 uollae;sues alp 04 sueld lenldaauoa aledald !sly Heys luealldde aya 'sluawanoldun asap ;o win pa;elold pug aunwa;ap oy •pps'czs;o uognquauoa wnwrunu anuany salaSuy sal maN-peo11 Suuds Final Supplemental Environmental Impact Report MAJOR MODIFICATION #1 TO MISSION BELL PLAZA CPD 89-1 CPD 89-2 TTM 4757 SCH No. 89042617 Prepared for City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Prepared by Impact Sciences, Inc. 267 West Hillcrest Drive, First Floor Thousand Oaks, California 91360 Certified by the City of Moorpark City Council September 18, 1991 bo TABLE OF CONTENTS Section Page 1.0 INTRODUCTION/RESPONSE TO COMMENTS 1-1 2.0 MITIGATION MONITORING PLAN 2-1 3.0 ERRATA 3-1 6 / SECTION 1.0 INTRODUCTION FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT MISSION BELL PLAZA MAJOR MODIFICATION #1 FOR CPD-89-1, CPD-89-2 SCH No. 89042617 The Final Supplemental Environmental Impact Report (SCH No. 89042617) consists of the following documents: (1) the original Draft and Final EIR(currently on file with the City of Moorpark); and (2) the Draft Supplemental EIR (currently on file with the City of Moorpark) and, (3) this Final Environmental Impact Report. This Final Supplemental EIR consists of three parts: (1) a Response to Agency and Public Comments on the Draft Supplemental EIR;(2) the Mitigation Monitoring Plan and, (3) an Errata Sheet for the Draft Supplemental EIR. Each component of the Draft and Final Supplemental EIRs were prepared under the direction and supervision of City of Moorpark Community Development staff. The project site consists of approximately 23.62 acres of land in the central portion of the City of Moorpark. The site is generally bounded by Lassen Avenue alignment to the north,Los Angeles Avenue to the south, a single-family residential development to the west, and the Chaparral Middle School, Park Lane and a retail commercial complex to the east. The project consists of the following entitlement applications:CPD 89-1,CPD 89-2,and TTM 4757. This environmental review process has been conducted in accordance with all applicable provisions of the California Environmental Quality Act (CEQA) and requirements of the City of Moorpark Community Development Department. The intent of an EIR is to serve as an informational document that identifies the physical environmental impacts associated with the proposed project (indicating significance where necessary) and to identify mitigation measures and alternatives. The EIR must make a good faith effort at providing full disclosure. Disagreement among experts does not constitute inadequacy of an EIR. The City Council certified the original Environmental Impact Report (EIR) and approved the original project(known as CPD 89-1,89-2 and LDM 89-2)on October 17,1990. The project was approved for a one year period (expiring October 17, 1991). On March 29, 1991 the applicant submitted an application for a major modification request for this project to the City. Based on this application, the City of Moorpark determined that a Supplemental Environmental Impact Report(EIR) should be prepared. On June 11, 1991, the City deemed the major modification application complete. A Supplement to the EIR was 1 - 1 prepared and circulated for public review for the revised project in order to evaluate any changes in environmental impacts created by the proposed project,when compared to the impacts of the original project. The public review and comment period was in effect for 45 days from Monday, July 29, 1991 through Wednesday, September 11, 1991. No written comments were received during this agency and public review period, however, verbal testimony was taken before the City of Moorpark City Council on August 21, 1991, September 4, 1991. The final decision for approval of the project occurred on September 18, 1991. 1 -2 � 3 RESPONSE TO COMMENTS During the public review process,written comments were received concerning the original Draft EIR and responded to in the Final EIR. No comments on the project and/or the Draft Supplemental EIR were identified that were of common interest to the public and City decision-makers that were not addressed in the original draft and final EIR or the draft Supplemental EIR. All comments or questions identified by the public and City Council on August 21, 1991 were resolved in the staff report dated September 4, • 1991 and by the City Council at the City Council public hearing of September 4, 1991. 1 -3 ( L SECTION 2.0 EXHIBIT"C MITIGATION MEASURES AND REPORTING AND MONITORING PROGRAM MISSION BELL PLAZA MAJOR MODIFICATION #1 SEPTEMBER 18, 1991 Prior to complying with each of the following mitigation measures, there is a review by the City of Moorpark. The mitigation reporting and monitoring program provides the City with the review opportunity to ensure that mitigation measures have been considered and incorporated into the project implementation. The following guidelines should be followed by the City departments/divisions/consultants to ensure compliance at each step of the process. Explanation is provided within the body of the Monitoring Program in bold type, following each mitigation measure. The attached EIR Mitigation Reporting and Monitoring Checklist will be used by all City departments/divisions/consultants involved in the project implementation process in order to track the project's mitigation measure compliance progress. A table has been included at the end of the mitigation measures and mitigation reporting and monitoring program. This table is provided in order for City Staff to easily review each mitigation measure in relation to, 1) the agent responsible for it's implementation and, 2) the timing of implementation. Please note that these mitigation measures and the mitigation reporting and monitoring program apply to Mission Bell Plaza commercial shooping center. The mitigation measures and mitigation reporting and monitoring program should be included with the construction bid package supplied by the applicant,when construction bids are solicited. A. GEOTECHNICAL MITIGATION MEASURES 1. Mitigation: 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, 2-1 6s structural slabs,sub-drains, or dewatering systems have all been successfully utilized on projects where liquefaction potentials are high. Reporting and Mnnitorinv: Prior to issuance of zoning clearance, the applicant shall submit the detailed geotechnical engineering investigation concurrent with the grading and drainage plan for the entire project site. The City Engineer and Building and Safety Official (or an independent geotechnical consultant) shall approve this investigation prior to any grading on the project site. Once approval of this investigation is granted, notify the Community Development Department so it can be noted in the project file. During grading and project construction, the applicant shall hire and pay all associated costs for an independent construction reviewer(licensed as a structural engineer in the state of California) who will review general construction progress. The geotechnical engineer who prepared the geotechnical investigation shall also inspect construction progress for compliance with the recommendations of the geotechnical investigation. The independent construction reviewer shall be approved by the City Engineer. • 2. Mitigation: 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. 2-2 &SO Reporting and Monitoring: Prior to issuance of zoning clearance, the applicant shall submit the detailed geotechnical engineering investigation concurrent with the grading and drainage plan for the entire project site. The City Engineer and Building and Safety Official (or an independent geotechnical consultant) shall approve this investigation prior to any grading on the project site. Once approval of this investigation is granted, notify the Community Development Department so it can be noted in the project file. During grading and project construction, the applicant shall hire and pay all associated costs for an independent construction reviewer(licensed as a structural engineer in the state of California) who will review general construction progress. The geotechnical engineer who prepared the geotechnical investigation shall also inspect construction progress for compliance with the recommendations of the geotechnical investigation. The independent construction reviewer shall be approved by the City Engineer. • B. AIR QUALITY MITIGATION MEASURES Short-term 3. Mitigation: A regular watering program shall be implemented to reduce fugitive dust Twice during the work day and at the end of the work day,graded portions of the project site shall be watered to create a "crust" surface. This would reduce the amount of dust generated during non- work hours. Reporting and Montt IIng; During construction,the City Engineer and the on-site building superintendent shall be responsible for enforcement of this mitigation measure as stated. 2-3 4. Mitigation: When appropriate, exposed surfaces shall be seeded with a fast growing, soil binding plant. This would substantially reduce wind erosion and its contribution to local particulate levels. Reporting and Monitoring; Prior to issuance of zone clearance, the applicant shall submit a landscape and irrigation plan prepared by a Landscape Architect (licensed in the state of California). This plan shall include a temporary erosion control seed mix. The landscape plan shall be approved by the Community Development Director prior to issuance of a grading permit. The City Engineer and the on-site building superintendent during construction shall be responsible for enforcement of this mitigation measure as stated. 5. Mitigation: All grading operations shall be subject to compliance with the Ventura County APCD dust control measures as enforced by APCD inspectors. Re• . : nd Mgnitorinr During the construction phase of the project, City Engineer, Building Inspector, the on-site construction superintendent and the APCD shall enforce all dust control measures. The on-site construction superintendent shall have a copy of the dust control measures on-site at all times. 6. Project engineer to phase and schedule construction activities to avoid high ozone days. Reporting and Monitoring, During the construction phase of the project, City Engineer, Building Inspector, the on-site construction superintendent and the APCD shall enforce all this measure. The on-site construction superintendent shall consult with the APCD on projected pollution levels during work hours. 2-4 68 7. Engineering specifications to require that the site development contractor(s) make face masks available to all employees involved in grading operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. Reartingantatintliturinig During the construction phase of the project,City Engineer,Building Inspector, the on-site construction superintendent and the APCD shall enforce all dust control measures. The on-site construction superintendent shall have a copy of the dust control measures on-site at all times. 8. Engineering specifications to require that site development contractor(s) apply chemical stabilizers to completed cut and fill areas. Rsltg and Monitoring: During the construction phase of the project, City Engineer, Building Inspector,the on-site construction superintendent and the APCD shall enforce all dust control measures. The on-site construction superintendent shall have a copy of the dust control measures on-site at all times. 9. Engineering specifications to require that site development contractor(s) periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. The frequency of this measure is variable, depending upon the accumulation of such silt. Sweeping should be done prior to automobiles and wind kicking up the silt and causing wind-borne dust. Reporting and Monitoring- During the construction phase of the project,City Engineer,Building Inspector,the on-site 2-5 construction superintendent and the APCD shall enforce all dust control measures. The on-site construction superintendent shall have a copy of the dust control measures on-site at all times. 10. Engineering specifications to require that site development contractor(s)maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions, and use low sulfur fuel for construction equipment. Reporting and Monitnrigg During the construction phase of the project, City Engineer, Building Inspector, the on-site construction superintendent and the APCD shall enforce all dust control measures. The on-site construction superintendent shall have a copy of the dust control measures on-site at all times. 11. Mitigation: All grading and construction equipment shall be kept on or near the site until those phases of development are completed. Reporting and Monitoring: The City Engineer and the on- site construction superintendent shall enforce the parking location of construction-related vehicles at all times during the construction phase. 12. Mitigation: Site access roads shall be covered with gravel or paving. Reporting and Monitoring; Prior to issuance of zoning clearance, a grading plan and drainage plan shall be submitted and approved by the City Engineer. This plan shall include a statement in the general notes which requires that site access roads shall be covered with gravel 2-6 '70 or paving as well as labelling the roads to be gravelled or paved. During construction, the City Engineer shall enforce compliance with the mitigation measure. 13. Mitigation: During periods of high winds (20 mph or greater),grading operations shall be ceased. geporting and Monitn_rino- During the construction phase of the project, City Engineer, the on-site construction superintendent and the APCD shall enforce all dust control measures. The on-site construction superintendent shall have a copy of the dust control measures on-site at all times. 14. Mitigation: All earth material being moved shall be securely covered. Reporting and Monitorine: During the construction phase of the project, the City Engineer, the on-site construction superintendent and the APCD shall enforce all dust control measures. The on-site construction superintendent shall have a copy of the Ventura County APCD dust control measures on-site at all times. 15. Mitigation: On-site vehicular traffic shall be limited to no more than 15 mph. orti nda Monitoring: The City Engineer and the on- site construction superintendent shall enforce the on-site vehicle speed of construction-related vehicles at all times during the construction phase. Long-Term 16. All project tenants with greater than 50 employees will be required to comply with APCD Rule 210, the District's trip reduction measure. This rule requires that the employer 2-7 '7/ develop and implement a trip reduction plan containing strategies to reduce the number of solo drivers commuting to the worksite. The target is to meet a specific average vehicle ridership (AVR) of 1.35. This will be increased to 1.5 after 1997. Such a plan can reduce total project- generated emissions by approximately eight percent. Increased AVR may be achieved by, but is not limited to, the following trip reduction measures: - Direct financial incentives for employees who carpool, vanpool,buspool,or use public facilities. - Use of fleet vehicles for ridesharing purposes or by ridesharing employees for personal errands. - Pay parking for drive alone commuters and, full or partial subsidization of parking for ridesharing employees. - Preferential parking for ridesharing vehicles. - Facility improvements which provide preferential access and/or egress for ridesharing vehicles. - Personal rideshare matching and/or active use of computerized rideshare matching service such as Commuter Computer. - A guaranteed-ride-home program for ridesharing employees in emergency situations. - An on-site day care facility. - Facility improvements to encourage bicycling and walking (showers,bicycle racks or lockers,etc.). - Flexible work schedules for transit users,bicyclists,and pedestrians. - Compressed work weeks such as 4/40 or a 9/80 or a 3/36 work schedule where employees report to work fewer days during a two week period, but for longer work shifts, than employees who work five 8-hour days per week. - Telecommuting(i.e.,working at home)one or more days per week. 2-8 7a In order to comply with APCD Rule 210, the tenant must notify the Transportation Program Administrator at APCD, by mail, that the firm is to begin operation, prior to zoning clearance approval. After occupancy of the building, the APCD will contact the tenant and work with them to complete and implement their plan. "sporting and Monitoring; Prior to issuance of occupancy, the applicant shall submit a Transportation Management Plan (TMP)to the Community Development Department. The TMP shall include only those employers on-site with 50 or more employees. This TMP shall be approved by the City Engineer and Director of Community Development prior to issuance of occupancy of the main anchor tenants. This TMP shall be updated annually and submitted for review and approval to the Community Development Department. The shopping center property management company may act as the on-site TMP coordinator for the large tenants. 17. Applicant to prepare CC&Rs that would require future owners/tenants of each lot, who employ twenty or more full-time employees, to do the following: • provide preferential parking for carpooling groups with the location approved by the City's Director of Community Development. • enroll in the County's Commuter Computer program which provides computerized rideshare matching services. Reporting ndg Mo itoring: Prior to issuance of occupancy, the applicant shall submit a Transportation Management Plan (TMP) to the Community Development Department This TMP shall be approved by the City Engineer and Director of Community Development prior to issuance of occupancy of the main anchor tenants. This TMP shall 2-9 include the above require for tenants with 20 or more employees and be updated annually and submitted for review and approval to the Community Development Department. 18. A representative of the Air Pollution Control District will conduct an annual air quality education program on site to alert employees to any new developments in air quality information. This measure shall be coordinated through the APCD. Reporting and Monitnriog< The shopping center property management company shall be responsible for enforcement of the TMP and on going educational updates for tenants. 19. Mitigation: Provide On-site Transit Facilities - The applicant shall provide the following on the project site: covered and lighted bus stops; bus turnouts; and safe pedestrian walkways between structures and bus stops. Reporting and Monitorings Prior to zoning clearance, the applicant shall submit a Plan showing the design and locations of covered and lighted bus stops,bus turnouts,and safe pedestrian walkways between structures and bus stops, if deemed applicable by the City Engineer. This information may be included on the Fianl Site Plan, if possible. This plan shall be approved by the Director of Community Development and the City Engineer prior to zoning clearance approvaL 20. Mitigation: Banking Services - Bank-related services (Auto Teller Machine, Direct Deposit, Check Cashing, etc.) can be provided on-site in order to reduce traffic trips. 2-10 71-/ Reporting and Monitoring:-Prior to occupancy approval for the market, an Automated Teller Machine must be installed inside the facility. This mitigation measure will be enforced by the Community Development Department • 21. Prior to occupancy,Ventura County APCD to review all uses to ensure compliance with the California Health and Safety Code (Section 44300 et seq.) regarding the use, storage, and disposition of hazardous materials. City to withhold the final certificates of occupancy until compliance with these provisions from the Ventura County APCD is provided. Reporting and Monitoring- Prior to issuance of occupancy, the APCD, shall approve all uses to ensure compliance with the California Health and Safety Code (Section 44300 et seq.)regarding the use,storage,and disposition of hazardous materials. 22. Mitigation: 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. Reporting and Monitoring: Prior to issuance of occupancy for any tenants, the applicant shall contribute "Area of Contribution"funds as directed by the City Engineer. 23. Contribute to an off-site Transportation Demand Management (TDM) fund. The applicant shall make a contribution of $568,467.24 to the City's Traffic Management System Fund. The applicant for Phase 1 shall 2-11 75 deposit $100,000.00 of the total fee with the Department of Community Development,prior to issuance of any building permits for Phase 1. The remainder of the total fee shall be prorated per square foot of building area over the remainder of the Mission Bell Plaza center. The balance of the total fee ($468,467.24) shall be paid within three (3) years of the issuance of the building permit for the main anchor tenant for Phase 1. RepOrtingandlionitorinv Prior to issuance of building permits, the applicant for phase 1 shall deposit$100,000.00 these funds with the Community Development Department. The remainder of the total fee shall be prorated per square foot of building area over the remainder of the Mission Bell Plaza center and paid at the time of the issuance of all other building permits. The balance of the total fee ($468,467.24) shall be paid within three (3) years of the issuance of the building permit for the main anchor tenant for Phase 1. G NOISE MITIGATION MEASURES • SHORT TERM 2t Mitigation: Grading and construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. on weekdays,between 9.•00 am and 700 pm on Saturdays and shall exclude Sundays. Reporting nd Mho imring: During the construction phase of the project,the City Engineer and the on-site construction superintendent shall enforce this mitigation measure at all times. 25. Mitigation: During site preparation and construction, construction equipment shall be fitted with modern sound- reduction equipment. 2-12 Bearlingandittonitcainv During the construction phase of the project,the City Engineer and the on-site construction superintendent shall enforce this mitigation measure at all times. 26. 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. During the construction phase of the project,the City Engineer and the on-site construction superintendent shall enforce this mitigation measure at all times. 27. Designate and follow truck/equipment routes that travel through a minimum number of residential areas, as approved by the City Engineer. ligpontagandMonalorkw During the construction phase of the project,the City Engineer and the on-site construction superintendent shall enforce this mitigation measure at all times. LONG TERM No mitigation measures are known that would reduce the off- site impact magnitude of noise associated with project- generated traffic. However, the following measures are provided that would reduce specific noise events. 28. Mitigation: The noise wall adjacent to Shop Numbers 1 and 2 and Retail "A" shall be a minimum height of eight feet. Reporting and Monitoring; Prior to construction of Shop Nos.1 and 2 and Retail"A'Yas shown on the site plan), the adjacent noise wall shall be constructed to a minimum 2-13 ?7 height of 8 feet. The City Engineer shall verify this prior to construction of this portion of the retail commercial center. 29. Mitigation: Noise attenuation walls to a height of ten feet shall be located around all loading areas. Repnrting and Mnnitnrinr The Community Development Department will ensure that this condition has been complied with prior to approval of occupancy for any business with a loading area. 30. Mitigation: Vehicle speed limits of 25 mph shall be posted along Liberty Bell and Lassen Avenue. Reporting and Monitoring- Prior to issuance of occupancy for any tenants, these signs shall be posted to the satisfaction of the City Engineer,with all costs incurred by the applicant. Enforcement of the posted speed limit shall be the responsibility of the Moorpark Police Department. 31. Mitigation: Use of parking lot vacuums and landscape maintenance equipment shall be limited to the hours of 8 a.m.and 7 p.m.weekdays. ReportingRegortingandidonitorinw Enforcement of this mitigation measure shall be the responsibility of the shopping center property management company and the City Code Enforcement Officers. 32. Mitigation: Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. on weekdays, between 9:00 am and 7:00 pm on Saturdays and shall exclude Sundays. 2-14 '7K During the construction phase of the project,the City Engineer and the on-site construction superintendent shall enforce this mitigation measure at all times. D. FIRE PROTECTION MITIGATION MEASURES NONE E POLICE PROTECTION MITIGATION MEASURES 33. Mitigation: A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be erected around the construction site. ganorting and Monitoring•Prior to beginning of construction, the City Engineer shall ensure this mitigation measure is completed. This mitigation measure shall be placed in the General Notes of the Final Construction Plans. 34. Mitigation: Construction equipment, tools, etc., shall be properly secured during non-working hours. Exporting and Monitoring- During the construction phase of the project, the City Engineer and the on-site construction superintendent shall enforce this mitigation measure at all times. 35. Mitigation: 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. 2-15 79 Reporting and Mnnitnring• During the construction phase of the project, city inspectors and the on-site construction superintendent shall enforce this mitigation measure during construction. 36. Mitigation: 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. Reporting and Monitoring; Prior to zoning clearance, a Lighting Plan shall be submitted with the Final Construction Drawings and approved by the Director of Community Development The Lighting Plan shall be prepared by an electrical engineer licensed to work in the state of California. 37. Mitigation: Landscaping shall not obstruct any exterior door or window. Rrporting and Monitnring; Prior to zoning clearance,the applicant shall submit a Landscape and Irrigation Plan for review and approval by the Community Development Department The Landscape and Irrigation Plan should note this concern in the General Notes and consider this when determining the plant selection. 38. Mitigation: Landscaping is to be maintained at a height where pedestrians will have full view of the area with no obstructions. 2-16 So Reporting and Monitoring- Prior to zoning clearance, the applicant shall submit a Landscape and Irrigation Plan for review and approval by the Community Development Department. The Landscape and Irrigation Plan should note this concern in the General Notes and consider this when determining the plant selection. 39. Mitigation: 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. Reporting and Monitoring: Prior to zoning clearance, the applicant shall submit a Landscape and Irrigation Plan for review and approval by the Community Development Department. The Landscape and Irrigation Plan should note this concern in the General Notes and consider this when determining the plant selection. 40. Mitigation: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. Reporting_ pd rli}gring: Prior to zoning clearance,the applicant shall submit a Landscape and Irrigation Plan for review and approval by the Community Development Department. The Landscape and Irrigation Plan should note this concern in the General Notes and consider this when determining the plant selection. 41. Mitigation: Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. Reporting and Monitoring; Prior to zoning clearance,a Sign Plan shall be submitted with the Final Construction Plans. 2-17 gi The Sign Plan shall include a detail of the proposed style of addressing. Prior to issuance of occupancy, the size, location and appearance of all addresses shall be approved by the City Building Official, the Police Department and the Fire Department. 42. Mitigation: Address numbers shall be a minimum of six inches in height and illuminated during the hours of darkness. Prior to zoning clearance,a Sign Plan shall be submitted with the Final Construction Plans. The Sign Plan shall include a detail of the proposed style of addressing. Prior to issuance of occupancy, the size, location and appearance of all addresses shall be approved by the City Building Official, the Police Department and the Fire Department. 43. Mitigation: 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. Reporting and Monitorings Prior to issuance of occupancy, these improvements shall be approved by the City Building Official, the Police Department and the Fire Department. 44. Mitigation: 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. Reporting and Monitoring. Prior to issuance of occupancy, these improvements shall be approved by the City Building Official, the Police Department and the Fire Department. 2-18 45. Mitigation: There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc. Reporting and Monitoring Prior to issuance of occupancy, these concerns shall be addressed by the City Building Official,the Police Department and the Fire Department 46. Mitigation: 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. Repading.andidanitminv Prior to issuance of occupancy, these improvements shall be approved by the City Building Official, the Police Department and the Fire Department. F. PARKS AND RECREATION MITIGATION MEASURES 47. Mitigation: Prior to the issuance of building permits, the developer shall pay the City's park impact fee for the project,as calculated below: 265,940 square feet x$0.25 per square foot of commercial use=$66,485.00. Prior to issuance of occupancy, this fee shall be deposited with the City of Moorpark and documented by the Community Development Department G. WATER PROVISIONS MITIGATION MEASURES NONE 2-19 H. SANITARY SEWERS MITIGATION MEASURES 48. Mitigation: The project applicant shall be required to fund all sewer infrastructure improvements necessary to accommodate the proposed project demand. Reporting and Mnnitoring Prior to zoning clearance, the applicant shall submit for review and approval public improvement plans and Final Construction Plans for review and approval by the City Engineer. Prior to acceptance of public improvements and bond exoneration,the applicant shall contribute funds as directed by the City Engineer and/or construct all public improvements as shown on the improvement plans to the satisfaction of the City Engineer. 49. Mitigation: The applicant shall be required to comply with all pertinent County of Ventura Public Works Department connection regulations. These mitigation measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1). • Reporting and Monitoring: Prior to zoning clearance, the applicant shall submit for review and approval public improvement plans and Final Construction Plans for review and approval by the City Engineer. Prior to acceptance of public improvements and bond exoneration,the applicant shall construct all public improvements as shown on the improvement plans to the satisfaction of the City Engineer and the County of Ventura Public Works Department (Waterworks district No.1). 50. Mitigation: In accordance with the Ventura County Waterworks District No. 1 adopted Water Conservation Rules, all buildings shall include ultra low water use plumbing fixtures. 2-20 gq Reporting and Monitoring; Prior to zoning clearance, the applicant shall submit for review and approval public improvement plans and Final Construction Plans for review and approval by the City Engineer. A note shall appear on the plans verifying compliance with adopted Water Conservation Rules. L STORM DRAINAGE MITIGATION MEASURES 51. Mitigation: On-site detention basins should be incorporated into the proposed site plan. Reporting and Monitoring; Prior to zoning clearance, the applicant shall submit grading and drainage plans (which include provisions for on-site detention basins in the parking lot landscaped areas) for approval by the City Engineer.Prior to acceptance of public improvements and bond exoneration,the applicant shall construct all public improvements as shown on the improvement plans to the satisfaction of the City Engineer and the City's Landscape Architect. Any on-site detention areas within proposed landscaped areas shall be shown on the required landscape and irrigation plan. SOLID WASTE MITIGATION MEASURES 52. Mitigation: 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. Reporting and Monitoring: Prior to zoning clearance, the applicant shall submit to the Community Development Department for review and approval Final Construction 2-21 Plans which include adequate location and space within the retail center for tenants to store and transfer recyclable materials. 53. Mitipftion: A waste reduction and recycling plan shall be submitted to and approved by the City of Moorpark Community Development Department,prior to occupancy of the main tenant buildings. The plan shall include a designated building manager, who shall be responsible for initiating on-site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pick-up schedule. Rrpa ting and Monitoring: Prior to occupancy by the main anchor tenants, the applicant shall submit to the Community Development Department for review and approval, a waste reduction and recycling plan which implements the intent of AB-939 (The California Integrated Waste Management Act of 1989). 54. Mitigation:The developer shall require (in the construction specification and bid package) insulation and other building materials made of recycled materials, to the extent possible, to increase the demand for (and value of) recyclables. Reporting and Monitoring: Prior to issuance of building permit, the applicant shall submit to the Building and Safety Department for review and approval Final Construction Plans which include insulation and other building materials made of recycled materials, to the extent possible,to increase the demand for(and value of) recyclables. 2-22 Ut6 55. Mitigation: The developer shall design and construct enclosed trash collection areas that are large enough to accommodate trash separation bins for recyclables in addition to those for non-recyclables. The site plan shall depict these areas, which will be approved by the Community Development Department, prior to zoning clearance. Reporting and Monitoring; Prior to zoning clearance, the applicant shall submit to the Community Development Department for review and approval Final Construction Plans which include adequate location and space within the retail center for tenants to store and transfer recyclable materials. 56. Mitigation: The City's Building Official will verify that trash compactors are installed for non-recyclables, wherever feasible on the project site. Reporting and Monitoring; Prior to issuance of occupancy, the Building and Safety Department shall verify this measure. K. VISUAL RESOURCES/LIGHT AND GLARE/ARCHITECTURAL MITIGATION MEASURES 57. Mitigation: A landscape and irrigation plan shall be submitted to and approved by the Community Development Department, prior to Zone Clearance, that ensures that a sufficient amount of tall growing trees and/or shrubs along the western site boundary (abutting the wall) to minimize the glare impacts and the loss of privacy of the nearby single-family neighborhood. 2-23 ge Reporting and Monitoring: Prior to zoning clearance, the applicant shall submit a landscape and irrigation plan for approval by the Community Development Department and the City's Landscape Architect. The Landscape and Irrigation Plan shall include tall growing trees along the western property boundary. 58. Mitigation: No illuminated building mounted signs shall be permitted on any building facade facing towards a residential neighborhood. Repor 'ng and Monitoring: Prior to zoning clearance,a Sign Program shall be submitted with the Final Construction Plans and approved by the Director of Community Development. Illuminated building signs shall be restricted as identified above. 59. Mitigation: All parking lot pole lights and street lights shall be fully hooded and back shielded to reduce the light "spillage" and glare. An outdoor lighting plan shall be submitted for review and approval by the Community Development Department, prior to Zone Clearance. Reporting and Monitoring- Prior to zoning clearance, a Lighting Plan shall be submitted with the Final Construction Plans and approved by the City Engineer,City Building Official and Director of Community Development. The Lighting Plan shall be prepared by an electrical engineer licensed to work in the state of California. 60. Mitigation: Trees and shrubs planted along the western site perimeter shall be a minimum 24 inch box size in order to provide a screening effect in a short time period. Reporting and Monitoring; Prior to zoning clearance, the applicant shall submit a landscape and irrigation plan for 2-24 Off approval by the Community Development Department. The Landscape and Irrigation Plan shall include trees and shrubs in minimum 24" box sizes along the western site perimeter. 61. Mitigation: Colors and materials of the proposed building shall be compatible with the surrounding area, as approved by the Community Development Department. Reporting and Monitoring: Prior to zoning clearance, a Building Color Chart shall be submitted with the Final Construction Plans. This Color Chart shall be approved by the Director of Community Development and incorporated into the private Conditions, Covenants and Restrictions (CC&R's)for the project. Any proposed color change shall reviewed by the Director of Community Development 62. Mitigation: Tinted windows shall be installed to minimize the emittance of light and glare from interior sources. Reporting and Monitorinv; Prior to zoning clearance,the applicant shall submit Final Construction Plans which include a sample window detail noting the requirement for tinted windows. This shall be approved by the Director of Community Development and incorporated into the private Conditions, Covenants and Restrictions (CC&R's) for the project Any proposed change shall reviewed by the Director of Community Development 63. Mitigation: Prior to approval of a zoning clearance, the applicant shall have a tree report prepared consistent with City code requirements to be submitted for review and approval by the Community Development Department. Landscaping shall be provided for the commercial development which is equivalent to the value of the 310 trees which will be removed. 2-25 89 Rrportjgg and Monitoring- Prior to zoning clearance,the applicant shall submit a tree report and a landscape and irrigation plan for approval by the Community Development Department and City's Landscape Architect. The tree report shall indicate the total value of all trees to be removed. L. TRAFFIC/CIRCULATION MITIGATION MEASURES Refer to the Conditions of Approval # 80-99 of Exhibit "A" for the major modification # 1 to CPD 89-1, 89-2 for traffic/circulation mitigation measures Reporting and Monitoring. Prior to zoning clearance,the applicant shall submit public improvement plans for review and approval by the City Engineer and Caltrans. M. POPULATION/HOUSING MITIGATION MEASURES NONE N. HEALTH HAZARDS MITIGATION MEASURES NONE 2-26 qo MITIGATION MONITORING INDEX TABLE MISSION BELL PLAZA-Major Modification#1 to CPD 89-1,89-2 September 18, 1991 MITIGATION IMPLEMENTATION ENFORCEMENT MONITORING FEE MEASURES AGENCY PHASE REQUIRED 1 Applicant City Engineer A No 2 Applicant City Engineer A No 3 Applicant City Engineer C No 4 Applicant City Eng,CDD AC No 5 Applicant CE,Insp,APCD C No 6 Applicant CE,Insp,APCD C No 7 Applicant CE,Insp,APCD C No 8 Applicant CE,Insp,APCD C No 9 Applicant CE,Insp,APCD C No 10 Applicant CE,Insp,APCD C No 11 Applicant City Engineer C No 12 Applicant City Engineer C No 13 Applicant CE,Insp,APCD C No 14 Applicant CE,Insp,APCD C No 15 Applicant CE,Insp,APCD C No 16 Applicant CDD,APCD B No 17 Applicant CDD,APCD B No 18 Applicant Prop.Manager D No 19 Applicant CE,CDD A No 20 Applicant CDD A No 21 Applicant CDD,APCD B No 22 Applicant CE,CDD C YES 23 Applicant CE,CDD C YES 24 Applicant CE,Insp,APCD C No 25 Applicant CE,Insp,APCD C No 26 Applicant CE,Insp,APCD C No 27 Applicant CE,Insp,APCD C No 28 Applicant CE,Insp,APCD C No 29 Applicant CE,Insp,APCD B No 2-27 (7/ MITIGATION IMPLEMENTATION ENFORCEMENT MONITORING FEE MEASURES AGENCY PHASE REQUIRED 30 Applicant CE,City Insp. B No 31 Applicant Prop.Manager D No 32 Applicant CE,City Insp. C No 33 Applicant CE,Insp. C No 34 Applicant CE,Insp. C No 35 Applicant CE,Insp. C No 36 Applicant CE,Insp. A,B No 37 Applicant CE,Insp. A,B No 38 Applicant CE,Insp. A,B No 39 Applicant CE,Insp. A,B No 40 Applicant CE,Insp. A,B No 41 Applicant CE,Insp. A,B No 42 Applicant CE,Insp. A,B No 43 Applicant CE,Insp. A,B No 44 Applicant CE,Insp. A,B No 45 Applicant CE,Insp. A,B No 46 Applicant CE,Insp. A,B No 47 Applicant CDD C YES 48 Applicant CE,CDD A,C YES 49 Applicant CE,Bldg Insp A,B,C No 50 Applicant CE,Insp. A,B,C No 51 Applicant CE,Insp. A,B,C No 52 Applicant CE,Insp. A,B,C No 53 Applicant CDD A,B No 54 Applicant CE,Insp. A,B,C No 55 Applicant CE,CDD,Insp. A,B No 56 Applicant Inspector B No 57 Applicant CDD A No 58 Applicant CDD A No 59 Applicant CE,CDD,Insp. A,B No 60 Applicant CDD,Insp. A,B No 61 Applicant CDD, Insp. A,B No 62 Applicant CDD, Insp. A,B No 2-28 971. MITIGATION IMPLEMENTATION ENFORCEMENT MONITORING FEE MEASURES AGENCY PHASE REQUIRED 63 Applicant CDD,Insp. A No Traffic Applicant CE,CDD, Caltrans A,B,C No A = Prior to Zoning Clearance B = Prior to Occupancy C = During Construction Phase D = Post-Occupancy 2-29 Q3 SECTION 3.0 ERRATA In response to the Draft Supplemental EIR,comments were received from the City staff. These comments did not significantly affect the conclusions of the Supplemental FIR but are incorporated for review by City decision-makers and document completeness. *Note: Wording in italics represents original language to be changed, wording in bold and underline represents new language. 1. Page 6-78 -Third paragraph, first sentence: MITIGATION MEASURES The following measures are recommended by the consulting traffic engineer to mitigate project-specific traffic and circulation impacts to four five of the six significantly impacted intersections listed above. 2. Page 6-82 - First paragraph, first sentence: UNAVOIDABLE ADVERSE IMPACTS Even with the recommended mitigation measures, this project would result in traffic congestion at two to intersection that would exceed the City's threshold of significance in 1995, and would contribute to cumulative traffic that would significantly affect six local intersections.