HomeMy WebLinkAboutAGENDA REPORT 1991 1120 CC REG ITEM 08JITEM (r`
MOORPARK
0
__ - --
o \_ 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
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'- =RPAW, CAUFORNIr
M E M O P rl D f_� M City Co ncfl Mae-. :l
of / �-2
ACTIONG
TO: The Honorable City Coun it
FROM: Lillian E. Kellerman, C t,i Clerk —
DATE: November 14, 1991 (CC m -etLng ,-)f 11/20/91)
SUBJECT: AMERICAN TELEPHONE AND TELEGRAPH COMPANY - INTERSTATE
DIVISION; AT &T COMMUNISATIONS OF CALIFORNIA, INC. V.
STATE BOARD OF EQUA1J- :A7ION - SUPPLEMENTAL COMPLAINT
BACKGROUND
County Counsel has advised the City that the County of Ventura has
been named as a defendant in the above subject actions to recover
taxes levied on state assessed prcaperty. The City may be affected
but the County has not yet beer ,il- 1e to confirm the location of the
parcel numbers involved.
It is anticipated that the attorney general's office will be, in
effect, representing a number ,.f ounties, including the County of
Ventura in these suits. Pursuant -.o Section 5148, subdivision (b) ,
of the Revenue and Taxation Code, any city receiving notice of the
action filed against the State Board of Equalization and the County
may, within 30 days of the receipt of notice, intervene in that
action. Upon our request, thE' ( + -unty will furnish us with copies
of the summons and complaint.
The total amount of the requested refund from the County (and
included cities) in the Americ,in Telephone & Telegraph Co. -
Interstate Div. vs. State Board of Equalization, et al., action is
$2,643.31; the total in the AT&T "ommunication of California, Inc.
vs. State Board of Equalization. :�t al., action is $17,156.091.
RECOMMENDATION
Receive and file the report.
c: \wp51 \reports \121391
PAUL W LAWRASON JR --tE= +NAHDO M PEHLZ Ui' NTG(�M[ Hy aUY L TAL LEY JR OHN E WOZNIAK
Mayor Mayor Pro ern m,mr)t, ! ouncjIrnember Co�nciimember
PnnMd On f -7ecvr ..»;�
-� C)
JAMES L. McBRIDE
COUNTY COUNSEL U >I Ar,A B
k ><
MELODIE M. KLEIMAN A K.ro m
CHIEF ASSISTANT �Q �P/ e Ma _
�( 7 1�) RCD n U VcGrew
C O U -:�I �I k C.1 �.�� �J IJ W !yam C MOr,I1
De -)el J Murphv
FRANK O. SIEH nC. rtp R Oreila-a
�IT�;ATIONSUPERV[SOR COUNTY ( OVERNh1ENTC! `- i VA 'I'�i`,i AVON BUILOINC, =, L Sivnr
800SOUTr+ 0
VENTUf3 41 0`` .. A
TELEf H.. Ja'T.Pj .N T'lpr'5,
FAX S' annon W Troy= -
Vary C 'ward
W' iiam A Nate•
f Novemb>,r 8 , 19 9 1.
Lillian Kellerman
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
Re: AT &T Communications of California, Inc. v. County of
Ventura, State Board of Equalization, et al.;
Sacramento County Superior Court Case No. 114724
(Judicial Council Proc�,edinq 11o. 2578)
Dear Ms. Kellerman:
Please be advised that the 'ounty of Ventura, as a named
defendant in the above- reference,i action to recover taxes levied
on state assessed property, has teen served with a "Supplemental
Complaint for Refund of Taxes Paid For 1989." Your city may be
affected, but, we have not yet. been able to confirm the identity
or the location of the parcel numbers used by the State Board of
Equalization for this assessment Please note, however, that the
total requested refund from the 'ounty of Ventura (and included
cities), for the 1989 -1990 tax year, is $17,156.09.
Case number 114724, which h,is been consolidated with several
other state utility property tax refund cases, was apparently
filed by the plaintiff as a defensive measure to cover some
procedural gaps in the law. ;Co late, Ventura County has been
operating under an open extens.iori of time within which to plead.
The same tax years which are now covered under case 114724, are
being actively litigated under (°_)mpanic,n cases being pursued
under Revenue and Taxation Codtu �ect_'. or,, 5148.
In view of the extension -inl the minimal amount of money at
stake, I do not anticipate tak.n_i any ,action on this new plead-
ing, on behalf of the County of 'enturi, ►t the present time.
Since case number 114724 was
tion Code section 5140, the citie
included as named defendants. If
to file an answer, we will assert .
please let us know if you would a
to you or your legal counsel.
filed under Revenue and Taxa-
s have an arguable right to be
it becomes appropriate for us
that point. In the meantime,
copy of the new pleading sent
Please acknowledge receipt c.f this letter by dating and
signing the enclosed copy thereof and returning it to us in the
enclosed self - addressed, stamped envelope.
ves y- trul },_ yours,
LLM:lm
Enclosure
Receipt is hereby acknowledged:
CITY OF MOORPARK
By:
Lillian Kellerman, City Cller k
Date:
1991
c: \text \llm \2ctyclk3.ltr
1 ENCE
L. MATHENE
Asc i_staint
County Co nsel
LLM:lm
Enclosure
Receipt is hereby acknowledged:
CITY OF MOORPARK
By:
Lillian Kellerman, City Cller k
Date:
1991
c: \text \llm \2ctyclk3.ltr
JAMES L. McBRIDE
COUNTY COUNSEL
MELODIE M. KLEIMAN
CHIEF ASSISTANT
(� R
p
0 0
k x,
COUNT �I' O UN SEL
FRANK O. SIER
LITIGATION SUPERVISOR 'OUNTY GOVERNMENT Ct >, A'INiST +ATION EiUIL.OINi
800 SOUT'
VENTURA
TELEPHC%i ,I
FAX Nr
cu � Novembe1 8, 1991
Lillian Kellerman
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
COPY
ASSISTANTS
Ardrew 8 Gustafs`,
Donald 0 Hurley
Ncei A K+ebaum
Laurence L Matr-
Patric a McCourt
Robin D McGrew
W Ibam C Moritz
Daniel J Murphy
Roberto R Orellara
Dennis L ShvinSk,
Leroy Sm�lh
_lack A Thompson
James W Thon s
Shannon W Trove,
Mary C Ward
William A Waters
Re: American Telephone and Telegraph Company - Interstate
Division; v. County of Ventura, State Board of
Equalization, et al,; Sacramento County Superior Court
Case No. 115891 (Judic al Council Proceeding No. 2578)
Dear Ms. Kellerman:
Please be advised that the {'ounty of Ventura, as a named
defendant in the above - referenced action to recover taxes levied
on state assessed property, has been served with a "Supplemental
Complaint for Refund of Taxes Paid For 1989." Your city may be
affected, but, we have not yet. been able to confirm the identity
or the location of the parcel numbers used by the State Board of
Equalization for this assessment Please note, however, that the
total requested refund from the County of Ventura (and included
cities), for the 1989 -1990 tax y ;gar, is $2,543.31.
Case number 115891, which has been consolidated with several
other state utility property tax refund cases, was apparently
filed by the plaintiff as a defensive measure to cover some
procedural gaps in the law. To late, Ventura County has been
operating under an open extension of time within which to plead.
The same tax years which are now covered under case 115891, are
being actively litigated under c:ampanicn cases being pursued
under Revenue and Taxation Coda aect._cz- 5148.
-- RECEIVED -
N a 1 3 1991
Clty of Moorpark
In view of the extension and the minimal amount of money at
stake, I do not anticipate taking any action on this new plead-
ing, on behalf of the County of Ventura., at the present time.
Since case number 115891 was
tion Code section 5140, the citie
included as named defendants. If
to file an answer, we will assert
please let us know if you would
to you or your legal counsel.
filed under Revenue and Taxa-
s have an arguable right to be
it becomes appropriate for us
that point. In the meantime,
copy c,f the new pleading sent
Please acknowledge receipt of this letter by dating and
signing the enclosed copy thereof and returning it to us in the
enclosed self - addressed, stamped envelope.
Vet. �- truly yours,
I.,A "ENCE 1.,. WMA
Assistant County Co nsel
LLM:lm
Enclosure
Receipt is hereby acknowledcjed
CITY OF MOORPARK
By:
Lillian Kellerman, City Clerk
Date: , 1991
c: \text \llm \jctyclk2.ltr
M E M O R \ N D 1.1 M
TO: Steven Kueny, City Manager
FROM: Lillian E. Kellerman, City Clerk
DATE: November 12, 1991
SUBJECT: MISSION BELL PLAZA RESOLUTIONS
Please reference the attached. 'Cou asked me to check with the
Department of Community Development to verify that the action of
the Council on October 16, 1997E did not eliminate previous action
certifying the EIR for the Missicln Bell. Plaza project. You will
note that Pat's response is that 'he certifying EIR was revoked.
So you will understand my concert I am presenting the chronology
of events leading to this error
10/2/91 CC Item 8.E.
10/3/91 (day after Council
meeting).
Week of 10/7/91
RecommE�ndation #3 of the staff
report says "rescind all
previously approved
resolutions in regards to the
original approval of the
,project to October 17, 1990."
i bri_nq to your attention that
the resolutions to be
rescinded are not referenced
by number. You direct me to
het th( resolution numbers
rcm P:�t and prepare an agenda
item for the next meeting,
reS.c!in(ling the specific
resolution numbers.
ask 1 1at to furnish me with
t-1E re.;oluti.on numbers that
deed t_; be rescinded. He says
le wil direct Paul Porter to
;Et th information for me.
Week of 10/7/91 ;Paul Porter comes to my
office. I pull out my
resolution index and he
indicates which resolutions
need to be rescinded.
10/10/91 I prepare an agenda item (8.0.
for the 10/16/91 CC meeting)
;rescinding the resolutions
(90 -719 and 90 -720) identified
Ibv Paul Porter.
10/16/91 'City Council action approved
the recision of resolutions
90 -719 and 90 -720.
Week of 10/28/91 You review the minutes of
December 16, 1991 and ask me
to check with Pat to see if
the EIR for Mission Bell was
rescinded in error.
Do you want me to do another item ['or the 11/20 meeting reapproving
resolution 91 -719 or rescinding the (3ouricil's action on 10/16?
Attachments
TO: Lillian Kellerman, City Clerk
FROM: Patrick J. Richards, D.ir_ector of Community Development
DATE: November 8, 1991
SUBJECT: MISSION BELL PLAZA RESOLUTIONS
In your memorandum dated November 5, 1991, you requested that staff
check the records to see if rescinding of the attached listed
resolutions eliminated any prior action certifying the EIR for
Mission Bell Plaza In response, the rescinding of resolution No.
90 -719 revoked the City Council's certification of the EIR. I
have attached the first page of this resolution for your
information.
Attachments: 1. Minutes of City Council Agenda dated October
16, 1991
2. First page of Resolution No. 90 -719
CC. Paul Porter, Senior Planner
Case File (Miscellaneous Correspondence section)
11:08:91 /10:1BamA:\MRM-LK
Minutes of the City Council October 16, 1991
- loorpark,
California
f
I u nr la r�e Trimming Contract. S
J. Consider A rova h the City
Recommendation: A P ro and
Manager to execute same.
K. Consider Approval of an Annual Contract.
. Street Striping
IC
Staff Recommendation: Approve cortract and authorize the City
Manager to execute same..
L, Consider City Manager App oved _ contract - J &B's Painting aff
Paint Security
Light _`,oles - Civic Center.
--
Recommendation: Receive nd f i'Lt� the report.
M. Consider City Manager Ap „roved ,:Contract Arriaga Concrete
Hill Park_ Stiff recommendation: Receive and
Work at Peach \
file the report.
_ O, Consider Resolutionfor.CPD Rescind RRPD189i1 ago =719
7
CertifyinQ the EIR _ -
89-1 (Mission Belli a3nd- tCPD a 89 2 RMission nBell) 9w ich �-
�j r�--
Approving CPD 89
1 Resolution were Superseded by Resolution 91 -798. Staff
Recommendation• Adopt Resolution No. 91 -812.
� r-
v,.
-1
P. Consider Job Descript 41:192 oBu,( get. Sto f fs Recommendations
Authorized in the ' ,'
Approve job descr ipt' C'-
R. Consider Continuation__ut ES ud 1 Areaemp Staff Recommendation:
Selected Uses in Downt:owr _Y.
That the Council cont inu- the use e oDfothe Temporary Area Use permit
process for selected Ln
one -year period.
S. Consider Rental of Pla_,_n Paper Facsimile 100 from Capital
Recommendation: Author.ze transfer of $2,
Outlay - Office Equip nnen" Account to Equipment Rental Account
f tc> execute agreement with Pitney
and direct City Manac
Bowes. Staff
T . Consider Employee Comput _ -- Purchase Assistance putera purchase
Recommendation: Autt-1:c i.f. t, e employee
assistance program.
The fo:Llowing items were G : L'_fed from the Consent Calendar for
individual consideration:
RESOLUTION K) . 9 0 - 719
iereby certify, under penalty
A RESOLUTION
OF THE CATTY COUNCIL OF
THE CITY
perjury, that the aieched is
OF MOORPARK, CALIFORNIA, CERTIFYING
THE FINAL
true 2nd correct copy of the
ENVIRONMENTAL
IMPACT REPORT AS
ADEQUATE,
iginal document which is on
APPROVING THE
MITIGATION MONITORING
PROGRAM,
e in this office.
AND INCLUDING
REQUIRE[; FINDINGS AND
STATEMENT
a'� lq'? OF OVERRIDING CONSIDERATION PURSUANT TO THE
.ecuted on �- CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
at Moorpark lifo ia. FOR C014MERCIAL PLANNED DEVELOPMENT PERMITS
S. CPD -89 -1 AND CPD -89 -2, RESIDENTIAL
PLANNED DEVELOPMENT' PET
NO. RPD -89 -1, AND
Jerk LAND DIVISION NO. LDM- 99- 2
WHEREAS, applications have been filed by Macleod Development
Company and Ventura Pacific Capital Company for the above
referenced entitlements to allow construction of Mission Bell Plaza
commercial center and the Greenleaf Apartment Project on properties
located north of Los Angeles Avenue, south of Poindexter Avenue,
west of Park Lane and east of Tierra and Shasta Avenues (APN's:
511- 080 -195, 205, 21.5, 245, 255 265„ 315, 325, and 327); and
WHEREAS, the Mission Bell-. Plaza and Greenleaf Apartments
Environmental Impact Report SCH No. 89042617) provides an
environmental assessment of the proposed projects in accordance
with the California Environmerit ci 1i '.Y Act (CEQA) and State CEQA
Guidelines; and
WHEREAS, public notice oT the availability of the Draft
Environmental Impact Report EIR) for the above referenced
entitlement permits was provide(, compliance with CEQA; and
WHEREAS, at duly noticed publ.,_c '��,earings on June 4, June 11,
and July 2, 1990, the Planning (7ommission considered the
applications (CPD's 89 -1 and ,) fil(:�d by Macleod Construction
Company and Ventura Pacific Capital Company requesting approval to
construct the Mission Bell Plaza commercial center; considered the
applications ( RPD -89 -1 and LDM- it9 -2) filed by Macleod Construction
Company to construct the r;rf_rc n i.E.a f Apartment Project and to
subdivide their property into sF,parati_- (:commercial and residential
lots (including dedication of to,)dway rrght -of -way); and considered
public.: testimony received req,< ! litiq t ! Draft EIR; and
WHEREAS, at duly noticed ;,irr;1 i.: „(,
ir. ings
on July
25, August 1,
August 15, September 5, Septemi.. :, 1'),
:ind October
17, 1990, the
City Council considered ILL, �sF,l :al i.
ations
filed
by Macleod
Construction 'ompany and V— 11 r i ),�
: `_ is
Capital
Company and
considered 'he -nf or=nation c r, i'Y _ c
n tho
staff reports
and in
the EIR; and
M E M O R A N D 11 M
TO: Pat Richards, Directcr of Community Development
FROM: Lillian E. Kellerman, city Clerk
DATE: November 5, 1991
SUBJECT: MISSION BELL RESOLUTIONS
When reviewing the October 1.6, 1991 minutes, the City Manager
requested that I check with r,ou for confirmation that the
rescinding of the attached liste,J resolutions (hi- lited) did not
inadvertently eliminate any pri. r action certifying the EIR for
Mission Bell.
Please let me know what you dete.mir :e. Thanks.
Attachment ✓ ���
r�
G
RESOLC;'I "ItJ'iS C)F AR
DATE
NUMBER ADOPTED SUBJECT
90 -719 11/7/90 A Resolution of the City Council of the City of Moorpark,
California, Certifying the Final Environmental Impact
Report as adequate, approving the mitigation monitoring
program, and including required findings and statement of
overriding consideration pursuant to the California
Environmental Quality Act (CEQA) for Commercial Planned
Development P(rmits Nos. CPD -89 -1 and CPD -89 -2,
Residential Planned Development Permit No. RPD -89 -1, and
Land Division N1. LDM- 81.) -2
90 -720 11/7/90
A Resolution
of the
City Council of the City of Moorpark,
California,
Denying
without Prejudice Residential Planned
Development
Permit
No, RPD -89 -1, Greenleaf Apartment
Project (Macleod
Construction Company)
90 -721 11/7/90
Mission Bel.
''Iizv
- Approving LDM -89 -2
90 -722 11/7/90
Mission Bel.!,
P' #za
- Approving CPD -89 -,1 and CPD -89 -2
49
W.@
FROM:
MOORPAnly
M_A' 4 W r
799 Moorpark Avenue MoarparH Cahform, 9,021
of
M E M O R A N D 11 M
The Honorable City Council
Patrick J. Richards, Director of Communit=y Development
September 27, 1991 (CC meet ink=, of 10/2/91)
SUBJECT: CPD -89 -1, 89 -2, TTM -4757 — MAJOR MODIFICATION NO. 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 helc: September 18, 1991, the
Council continued the above referenced major modification to the
meeting of October 2, 1991 and directed staff to prepare the
necessary resolutions of approval.
Attached is the Final Supplemental EIR ilong with resolutions of
approval for the modificaiton No.l to CP; 89 -1, 89 -2, TTM -4757 and
the final revised conditions of approval {including changes passed
on motion at the September ?8, 1991 City Council meeting),
certification of the Final . Supplemental [:IR, findings of
significance, Mitigation Monitoring Pl,in and the statement of
overriding considerations for those significant impacts in the EIR
which cannot be fully mitigated. The F,im'3:. Supplemental EIR
contains the Mitigation Monitoring Plai
On September 18, 1991, the Council amended sev(i�ral conditions of
approval. Those changes are found in Exhibit .A and Exhibit B and
are shown in underline and bold. Note Conditions Nos. 20, 82, 86,
92, 94, 100, and 110 of the CPD Major Mc dificat.i.on and Condition
Nos. 21, 28, and 37 of Tract 4757 all relat<, to the use of a
subordinate lien in lieu of typical Sur_et,. Performance Bond. These
conditions all need additional text 1(, clearly state that the
applicant is responsible for all costs t( the C..ty in creating the
lien. Staff suggests that the followxn text be added to these
conditions within the CPD Major Modif (' ] LOT, rr - -i TTM -4757:
That all costs to the City c -A aged to the
creation of the subordinate i.en :;hall be
borne by the appl i cant and stio t be pa , d pr for
to the City's s ignatur(� f I N Y such
document(s).
09:27- 9172: 12p=C: \up51 \PJR \)1BKLL 1 0- .<_(_
VL K V.WRASON JR BE RNANr)0 M Pf REZ
_.i.UTi �aC)NiGOL+f �
Mayor Mayo, Pro irm
-y-fl-Pr
JOHN E WOZNIAK
( 4h roc 1r erncer
The Honorable City Council
September 27, 1991
gaga a _ - - -- -- - - --
Recommendation
1. Certify 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 resolution approving Major Modification No. 1 to CPD -89-
1, 89 -2, TTM -4757, subject .o the attached conditions in
Exhibit A and B.
3. Rescind all previously approved resolutions in regards to the
original approval of the project to October 17, 1990.
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 it the Final Supplemental EIR)
4.
Exhibit D:
Findings of Significance
5.
Exhibit E:
Statement of Overriding Consideration
6.
Exhibit 1:
Site Plan
7.
Exhibit 2:
Building Elevations
8.
Exhibit 3:
Conceptual Landscape and Irrigation PI m
9.
Exhibit 4:
TIM 4757, Drainage and Grading Plan
09: 27191 12112FmCr\HP51 \PJR\xBELL10 -.CC
RESOLUTION N( . 91- 812
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA RESCINDING RESOLUTIONS
90 -719 CERTIFYING THE EIR FOR CPD 89 -1, CPD
89 -2, RPD 89 -1 AND -DM 89 -1 AND, 90 -722
APPROVING CPD 89 -1 AND CPD 89 -2 (MISSION
BELL) , SUPERSEDED BY RE.' OLUTION 91 -798 ADOPTED
OCTOBER 2, 1991.
WHEREAS, on October 2, 1991 City (ounci 1 action certified the Final
Supplemental EIR and adopted Resolution 91 -798 approving Major
Modification No. 1 to CPD 89 -1, 89 -2, Tentative Tract Map 4757, and
rescinded all previously approved resolutions in regards to the
original approval of the project to October 17, 1990, and;
WHEREAS, Resolution 91 -798 superseded Resolutions 90 -719 and
90 -722.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE, DECLARE; DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That Resolu, io s 90 -719 and 90 -722 are
rescinded_
SECTION 2. That the ('--_y Clerk shall certify to the
passage and adoption of this Res(l:.uti.on and enter it into the book
of original Resolutions_
PASSED AND ADOPTED THIS 16 day r)° October, 1991.
ATTEST:
Lillian Kellerr-an, City,
c: \wp51 \reports \1010')1
of
Paul W_ &56wrason Jr Mayor
MOORPARK
799 Moorpark Avenue M,00rl, ark, California 93021 (805) 529-6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
I, Lillian E. Kellerman, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No. 91-812 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 16th day of _ OCTOBER-_ , 1991. , and that the same
was adopted by the folLowing vot.
AYES: COUNCILMEIMBERS PEREZ, TAILF Y, WOZNIAK AND MAYOR LAWRASON
NOES: NONE
ABSENT: COUNCIL-MEMBER MONTGOMERY
ABSTAIN: NONE
WITNESS my hand and the o, f iii al seal of said City
this 17th day of _ — _��Ti1S3E_1Z _ / i99.1-
Lillian F: '_llrrman
C it i
TO:
FROM:
DATE:
MOORPARK
799 Moorpark Avenue Moc rpark. California 93021
M E M O R. A N D U N
ITEM
(805) 529 -6864
ACTION:
BY
The Honorable City Council
J�
Lillian E. Kellerman, City Clerk.,���\
October 10, 1991 (for CC meeting of 10/16/91)
SUBJECT: CONSIDER ADOPTION OF RESOLUTION 91 -$J WO RESCIND
RESOLUTIONS 90 -719 CERTIFYING THE EIR FOR CPD 89 -1, CPD
89 -2, RPD 89 -1 AND LDM 89 -1 AND 90 -722 APPROVING CPD 89 -1
AMD CPD 89 -2 (MISSION BELL,) SUPERSEDED BY RESOLUTION 91-
798 ADOPTED OCTOBER 2, 1'91..
BACKGROUND
On October 2, 1991 City Council. action certified the Final
Supplemental EIR and adopted Resolution 91 -798 approving Major
Modification No. 1 to CPD 89 -1, 89-2, Tentative Tract Map 4757, and
rescinded all previously approved r- esolutions in regards to the
original approval of the project t GctobF•r 17, 1990.
As Resolution 91 -798 did not specif5cally j.dentify the resolutions
to be rescinded, it would be appropriate, for clarity and indexing
purposes, to adopt a resolution resc. i.nding the specific resolutions
(Resolution Nos. 90 -719 and 90 -722) identi:f ied by the Department of
Community Services as having been aperseded by Council action on
October 2, 1991 and the adoption Resc >]..tion 91 -798_
RECOMMENDATION
Adopt Resolution 91- _rLXrescindin,; izesolut ions 90 -719 and 90 -722.
c: \wp51 \reports \101091.2
�/�' -. W IAWRA$ON JR HERNAIDO M PERFZ `.,GOTT l:, Mt 1t ROY f TALLtY F JOHN E WOZNIAK
RESOLU7'To a JI). (►0 -- 719
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT AS ADEQUATE,
APPROVING THE MITIGATION MONITORING PROGRAM,
AND INCLUDING REQUIRED FINDINGS AND STATEMENT
OF OVERRIDING CONSIDERATION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FOR COMMERCIAL PLANNED DEVELOPMENT PERMITS
NOS. CPD -89 -1 AND CPD -89 -2, RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. RPD -89 -1, AND
LAND DIVISION NO. LPM -89 -2.
WHEREAS, applications have been filed by Macleod Development
Company and Ventura Pacific Capital Company for the above
referenced entitlements to allow construction of Mission Bell Plaza
commercial center and the Greenleaf Apartment Project on properties
located north of Los Angeles Avenue, south of Poindexter Avenue,
west of Park Lane and east of Sierra and Shasta Avenues (APN's:
511- 080 -1951, 205, 215, 245, 255, 265, 315, 325, and 327); and
WHEREAS, the Mission Be.,l Plaza and Greenleaf Apartments
Environmental Impact Report (SCH No. 89042617) provides an
environmental assessment of the proposed projects in accordance
with the California Environment tl Qual ity Act (CEQA) and State CEQA
Guidelines; and
WHEREAS, public notice cf the availability of the Draft
Environmental Impact Report (EIR) for the above referenced
entitlement permits was providf,d in compliance with CEQA; and
WHEREAS, at duly noticed public hearings on June 4, June 11,
and July 2, 1990, the Planning Commission considered the
applications (CPD's 89 -1 and 2) filed by Macleod Construction
Company and Ventura Pacific C:apii_ta.l Company requesting approval to
construct the Mission Bell Plaza commercial center; considered the
applications (RPD -89 -1 and LDM -39 -2) filed by Macleod Construction
Company to construct the Greenleaf Apartment Project and to
subdivide their property into neparatt -> commercial and residential
lots ( including dedication of ro 3dway r fight -of -way) ; and considered
public testimony received reg t , ling tl'le Draft EIR; and
WHEREAS, at duly noticed public hearings on July 25, August 1,
August 15, September 5, September 19µ and October 17, 1990, the
City Council considered t:. he app.lications filed by Macleod
Construction _'ompany and ori' rr;3 P&,' -i f is Capital Company and
considered the
c rmation t o nFrr n the staff reports and in
the EIR; and
WHEREAS, the City Counci_; closed the public hearing for the
Draft EIR at its meeting of September 19, 1990, considered the
draft Final EIR at its meeting :)f October 17, 1990, and reached its
decision to certify the Final SIR;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FO.LOWS:
SECTION 1. A Final EIR has been completed in compliance with
CEQA (Division 13 of the Public Resources Code of the State of
California). The City Council has received and considered the
information contained in the Final EIR prior to acting on the
proposed projects and has found that this document adequately
addresses the environmental. effects of the proposed projects.
SECTION 2. The Final
cumulative environmental effec
quality, noise, and traffic,
Overriding Considerations ar(:
resolution in compliance with
reference.
EIR has identified significant
is of the project relative to air
and Findings and a Statement of
attached as Exhibit A to this
CEQA, and incorporated herein by
SECTION 3. The City Council finds that the Statement of
Overriding Considerations can be adopted in that the benefits of
the proposed projects outweigh the unavoidable environmental
effects of said impacts as addressed in Exhibit A and in the record
of both Planning Commission ani City Council meetings.
SECTION 4. A Mitigation : Monitoring Program has been prepared
in compliance with Section :21081.6 of the Public Resources Code.
The City Council has received and considered the Mitigation
Monitoring Program, attached, a, Exhibit B and incorporated herein
by reference, prior to tak.i rig final action on the proposed
projects.
SECTION 5. The City Council cert::ifies-the Final EIR for the
Mission Bell Plaza and Greenleaf Apartment Projects.
PASSED, APPROVED AND ADOPTED THIw 7TH DAY pF NOVEMBER, 1990.
Y �
(3yo r i
ATTEST: •P _ -_�,'
City Clerk
Attachments: anf\�\. / me ` /�
Exhibit A- Findings Mate 4 7f
Exhibit B - Mitigation MoA and
Overriding Considerations
fZeporting Program
'IL W- LAWRASON JR.
Mayor o �' STEVEN KUENY
BERNARDO M. PEREZ - City Manager
Mayor Pro Tem CHERYL J_ KANE
�^� 1 City Attorney
SCOTT MONTGOMERY' PATRICK RICHARDS, A.I.C.P_
r % /
Councilmember
JOHN E. WOZNIAK Director of
�a
Councilmember \� Community Development
LILLIAN KELLERMAN JOHN F. KNIPE
City Clerk City Engineer
JOHN V_ GILLESPIE
Chief of Police
RICHARD T_ HARE
STATE OF CALIFORNIA ) City Treasurer
COUNTY OF VENTURA )
CITY OF MOORPARK )
I, Lillian E. Kellerman, City C.frk of the city of Moorpark,
California, do hereby certifi, t.tn ler pen'<lt). of perjury that
the foregoing Resolution No.. 90 -719 wa> adopted by the
City Council of the City of ;MC) ) -park a it a meeting held on
the 7th day of NOVEMBE I<
-.. _ _ . _ 1990, and that
the same was adopted by the )_11DWl.ng %ote
AYES: COUNCILMEMBERS BROWN, tAF =' R, LAWRPSON, MONTGOMERY AND MAYOR PEREZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and off.ic:i<t1 seal of said City
this 19 —day of _ FEBRUAf�`r 1:991.
Kellerman
t `✓ c-14�:r ;
WE
199 Mc>
�rpiirk Avenur.
_ Moorpark -680.;
r _btb•. (305) 523
E HIBIT' A
FINDINGS FOR THE FINAL ENV IRONMENTAL IMPACT REPORT (EIR)
FOR MISSION BELL PLAZA
(UPPER AND LOWER COMMERCIAL COMPONENT)
NOVEMBER 7, 1990
The following Fin_ dings for CPD 89 -1, 89 -2 and i :1-M 89 -2 (Mission BeA Plaza - Upper and Lower
Commercial Component and Parcel Map) have t,e�n made pursuant to the provisions of the California
Environmental Quality Act (Division 13 of the i iblic 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 (Upper and Lower Commercial component and Parcel
Map) were properly addressed in the Draft and Final EIR prepared for the proposed project, and that
cumulative impacts are also adequately addres wd in the Draft and Final EIR.
The following Findings are made with regard to the significant environmental effects identified in the
Draft and Final EIR prepared for the proposed pr ,jec -t These Findings are to serve as the City Council's
legally relevant conclusions which expose the " of Moorpark's mode of analysis of facts, regulations
and policies, and which bridge the gap betwet n ,w 1ata and the ultimate land use decision.
A. GEOTECIFLNICAL RESOURCES
Significant Effect: The potential for.liquefaction represents the only significant geohazard on the site.
Finding: A potential for liquefaction exists on ;ite due to a rising groundwater table in combination
with the poorly consolidated alluvial deposits. Fhis could lead to possible structural damage in the
event of a severe seismic event. Proper impi�,mentation of standard building and safety code
requirements and the required mitigation measi, - +,s li,tecl l>f.low will reduce the potential liquefaction
hazard to a level of insignificance.
Mitigation M asures:
1• The applicant shall conduct a detailed g, otechnical engineering investigation to confirm and
evaluate the potential for liquefaction at the site. -he investigation shall include subsurface borings to
depths of forty five to fifty feet with appropr, to in -situ testing and sampling. Caisson or pile -
supported foundah("n systC111S, structural Lii) �;i,b dram or dewatering systerns have all he en
successfully utiGzc',l on Projects where liyuet,r,.i_, N)towial, are high.
2. The applicant shall conduct a detailed geotechnt,-al engineering investigation to evaluate the
mechanical properties of the deposits underlying, proposed buildings and attendant infrastructure. Such
an investigation shall include subsurface explorations tc, 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 , iesign parameters, and the stability of graded slopes.
R"i.Qnak
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 satisfactorally mitigated.
B. AIR QUALITY
Significant ff r+- Implementation of the upper, ,ind lower commercial ro'
p[ p )ect component would
contribute to significant,ad�ong_term cumulative impacts to the local and regional air
environment, since the Air Pollution Control District (APCD) standards of I3.7 tons per year (tpy) for
Reactive Organic Compounds (ROC) and Oxides of Nitrogen
above the APCD threshold are 41.14 tpy for ROC:' and 3�4 tpyfor NOxld be exceeded. Net emissions
Finding- According to the Air Quality Mana errK•nt Plan AQMP), commercial ro'
g ( p lens are considered
consistent with the AQMP, if they are considered population dependent. This project component is
intended to serve the local population, and as sue` t, is considered consistent with the AQMP. Yet, the
Proposed commercial development will contribo.ltf to cumulatively significant effect on air quality, due
to the total amount of emissions that will be gen« <3tf j by hide traffic and added to the local
airshed.
The following mitigation measures are identified M the Final E1R and would reduce the amount of air
emissions generated by the project. However, the measures would not reduce cumulative air quali
impacts to insignificant levels. ty
Short Term
3. A regular watering program shall be implemented tr reduce fugitive dust. Twice during the
work day and at the end of the work day, graded p ortions of tale project site shall be watered to create a
"crust" surface. This would reduce the amount of dust generated during non -work hours.
4. When appropriate, exposed surfaces shall I), se(NI(ej wroth a fast growing, soil binding plant.
This would substantially reduce wind erosion ano ,k . co ntrihtmon to local particulate levels_
S. All gradin g operations shall be subject to �, �,�r l>l� ,th the Ventura County APCD dust
control measures as enforced by APCD inspxtor;
6. All grading and construction equipme, t shall be kept on or near the site until those phases of
development are completed.
7. Site access roads shall be covered with gravel or paving.
8. During periods of high winds (30 mph or greater), grading operations shall be ceased.
9. All earth material being moved shall 14.r securely covered.
10. Periodic application of water on rnateraal stockpiles shall be conducted.
11. On -site vehicular traffic shall be him,itc, I to no me re than 15 mph.
12. Public streets in the vicinity of the �,it, shall be :-anodically washed down with water.
Long -Term
13. Transportation Management Plan - Th,, applicant should prepare a Transportation
Management Plan (TMP) or similar plan that would reduce total employee commuter trips.
14. Provide On -site Transit Facilities - 'Ihc.• applicant shall provide the following on the project
site: covered and lighted bus stops; bus turnout ; and safe pedestrian walkways between structures and
bus stops.
15. Banking Services - Bank - related se:rvic }•s (Auto Teller Machine, Direct Deposit, Check
Cashing, etc.) can be provided on -site in order t,r reduce traffic trips.
16. Off -site Vehicular Traffic Circulation Irn rovemen,ts - The applicant should contribute funds
toward the improvement of local vehicular tratt r :: crrculab(m improvements. Such improvements could
include improved signal sychronization and /,7r a,/idening rt intersections/ roadways. This measure is
proposed in order to improve the flow of trattic + th(- Usti which would reduce congestion and the
emission of air pollutants.
17. Buy Downs -Estimated costs of "buy du.vns" for the proposed project should be based on the net
estimated emissions associated with the propo,,4 d project. ks calculated, "buy downs" fees applied to
the project would total $270,345.00 which sh.,ll e. paid as i one -time contribution to the City's Traffic
Management System Fund.
At the City Council's meeting of October 17 1 >1. , the COUTI cil voted to require an additional $100,000 to
be paid to the City's Traffic Management Fur,,l further r11inimize air quality impacts.
Rati— onalg
Although the above measures will reduce air em 1ssions associated with the project and would
contribute to regional air quality management prrpgr ms, the projected emissions (as modelled in the
Draft EIR) resulting from cumulative developtnt fit activities would still create a significant,
unadvoidable impact_ Due to these unavoidable and ;ignif, cant adverse impacts on air quality, a
r
Statement of Overriding Considerations must be adopted in association with any approval of the
project (See Statement of Overriding Consider tta ins 1 ortim of Fxhibit "A ").
C. NOISE
The proposed project would generate noise levels in excess of the identified noise
standards in the Draft 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 Leq along Los Angeles
Avenue, a street which is currently a source of 5 gnif,cantly adverse noise levels.
findin= The following mitigation measures am identified in the Final EIR and would control and limit
noise levels, to the extent feasible. These measu, es, however, are not capable of reducing the
construction impacts or long term traffic noise irr pacts to insignificant levels. Due to these unavoidable,
significant adverse effects on the noise environrrm,nt, r, Statement of Overriding Considerations must be
adopted in association with any approval of the projec -t (See Statement of Overriding Considerations
portion of Exhibit "A "),.
Mitigation M c m:
SHORT TERM
18• Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. on
weekdays, between the hours of 9:00 am and 7 pri on Saturdays, and shall exclude Sundays.
19• During site preparation and constructi,r) or'srruction equipment shall be fitted with modern
sound - reduction equipment_
LONGTERM
20. The noise wall adjacent to Shop Numbers 1,2 and 3 and Retail "A" shall be increased in height
to eight feet.
21• Noise attenuation walls to a height of eight feet shall be located around all loading areas.
22. Vehicle speed limits of 25 mph shall be pc ,sted along; Liberty Bell Road and Lassen Avenue.
23• Use of parking lot vacuums and land!.,..:, pt rn iiiitc,nai ce equipment shall be limited to the hours
of 8 a.m. and 7 p.m. weekdays.
No mitigation measures are known that would Y"' ice° the off site impact magnitude of noise associated
with project - generated traffic.
Due to these unavoidable significant adverse nois, impacts, ,, Statement of Overriding Considerations
must be adopted in association with any .,ppl i val of the project (See Statement of Overriding
Considerations portion of Exhibit "A" ).
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 wo ,Id result
Finding: The proposed parcel map and cornai rcial development is not expected to significantly impact
the provision of fire protection services to the te. i=ire protection and emergency medical services are
currently provided to the site. Fire protect,: n measures required by the County of Ventura Fire
Protection District would be addressed clurird,, final plan review subsequent to City approval. In
addition, many of the mitigation measures li reci n the Police Protection section of these Findings
address concerns of the Fire Department.
Mitigation M s �rPS- NONE.
Rationale
Therefore, with proper implementation of f,re protection measures and enforcement of district
requirements, any impacts will be reduced to a I—el of insignificance.
E. POLICE PROTECTION
Significant Effect: The project would result in 4in incremental increase in calls to the Ventura County
Sheriff's Department_ However, the project conrains no element that poses any unique hazard or risk
and no significant impact to police protection ser .,ices would result.
Finding. The proposed parcel map and cornmer , ial development is not expected to significantly impact
the provision of police protection services to the Ac, even though development of the site will increase
the number of emergency calls received try t ,, l`c lice Department. Police protection is currently
provided to the site.
Mitigation Measures: Police protection mean r ro ynruc i>y the Ventura County Sheriffs Department
and Moorpark Police Department would t,,, �i lre.,c,o d;. ring final plan review subsequent to City
approval.
24. A licensed security guard is required rlsrr '19 the corlAruction phase, or a 6-foot high chain fence
shall be erected around the construction site
25. Construction equipment, tools, etc, sh,lil 1» properly ,ocured during non- working hours.
26- All appliances {micr(tiwave ovens, �i �� .�3,ter�•, dash compactors, etc.) sh,rll be properly
secured prior to installation during non -w)rhr ,, i cur,. MI serial numbers shall be recorded for
identification purpose,;.
27. Lighting devices shall be high enough ,t 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 , xtenor lighting devices shall be protected by weather
and breakage - resistant covers.
28. Landscaping shall not obstruct any mteri� )r door or window.
29• Landscaping is to be maintained a, a r, fight wherc pedestrians will have full view of the area
with no obstructions_
30. Landscaping at entrances /exits or at an intersection within the parking lot shall not block or
screen views of a seated driver from another me ,ng vehicle or pedestrian.
31 Landscaping (trees) shall not be play: + ret tily iinder any overhead lighting which could cause
a loss of light at ground level..
32- Addresses shall be clearly visible to apl �roaching emergency vehicles and mounted against a
contrasting color.
33. Address numbers shall be a minimurn of ,x inches in height and illuminated during the hours of
darkness.
34- All exterior doors shall be constructed of 'olid wood core a minimum of 1 and 3/4 inches thick or
of metal construction- Front glass door(s) common Iv used for entry are acceptable but should be visible to
the street.
35. Doors utilizing a cylinder lock shall a mininium five pin tumbler operation with the
locking bar or bolt extending into the receiving ��;u,, to , minimum of one inch.
36. There shall not be any easy exterior .ic_ to the roof area, i.e., ladders, trees, high walls, etc.
37. Upon occupancy by the owner or pro >rietor, each single unit in a tract or commercial
development constructed under the same genera, flan, shall have locks using combinations which are
interchange free from locks used in all othc-r ,e ,irate dwvNlings, proprietorships, or similar distinct
occupancies.
Rationale
Therefore, with proper implementation of polity a rotection measures and enforcement of department
requirements, any impacts will be reduced to , lk'vt' of insignificance.
F. PARKS AND RECREATION
significant •ff rt: The proposed ro ect does . u„
P 1 111& ,any residential uses. The proposctii parcel reap
and commercial de\('lupment will not "T"111 I !V A)l -ot the provision of parks and recreation
services to the site sini(' no residential uses ,art 1, '(J +. th he 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 Me c rres: Parks and Recreation impacts will be mitigated by the payment of a fee of $0.25
per square foot of commercial use, consistent with ( =5ty policy
Rationale
Therefore, with proper implementation of the mitigation measure, any impacts will be reduced to a
level of insignificance.
a WATER PROVISIONS
Significant Effect: No significant adverse imc,acts to water provision or area water supplies have
been identified.
finding; The Ventura County Waterworks I''istrict can provide the required water to the site,
utilizing the existing infrastructure.
Mitigation M ,s =: NONE.
_Rationale
Therefore, with proper implementation of Ventura County Waterworks District standards and City
Engineering requirements, any impacts will be reduced to a level of insignificance.
H . SANTTARY SEWERS
Si:Znificant Eff ct• For the lower commercial component and combined commercial components, the
impacts of the project to sanitary sewers have beers identified as cumulatively significant and adverse,
but mitigated_ The upper commercial component %,,,ould not by itself have a significant effect.
Finding: The Ventura County Waterworks District Ncs_ I would not be significantly impacted by
wastewater flows generated by the proposed prod: ct at this t me. However, due to area -wide growth,
limited available sewage treatment plant capacity is c <p(.,ctt d to exist when all proposed projects in
the City of Moorpark become operational (, e. ,1: ins; thy• d sign year),. At that time, the proposed
project would would overburden the existing; 11, �orp,,rl, `Al Istewater Treatment Facility (the upper
commercial component would not have a signit,c,, nt i +e(t). However, the City Engineer can oversee
the connection of the project into the sewer systc n o as�.ure that Sufficient capacity exists in the system
and treatment plant, pnor to occupancy of the 1'r( F' ",ed projet i
Mitigation Measures: The following mitigatlur,, 1, isur -, :ire lesigned to reduce the project impacts on
the sewage treatment and disposal infrastructi r , ,- of l ,,t nv,ignificance.
38. The project applicant shall be required ir t, id .ail srw(r infrastructure improvements necessary
to accommodate the prt,tx�scYl hr,)lect dern.3nd.
39. The applicant shall be required to ()ml Lv with ail pertinent County of Ventura Public Works
Department connection regulations. These rnitig ition measures shall be implemented by the County of
Ventura Public Works Department (Waterwork,, District NR). 1).
$atimak
Therefore, with proper implementation of City Ungineering 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 to a L vel of iris i g.nif icance.
I• STORM DRAINAGE
Significant Effect: No significant adverse irnpa is to sto midrainage have been identified.
E1IIding; The proposed project would result in minor increase in off -site runoff due to the increase in
impervious surface on the property. However, thk. proposed parcel map and commercial development is
not expected to significantly impact the stomp drainage system on or off the site since additional runoff
created by this project can be conveyed to the p oper drainage facility via the existing and proposed
storm drainage infrastructure and on -site retention basins
Mitigation 1= ,row: The following mitigatl(kn measure is required in order to minimize any adverse
storm drainage impact:
40. On -site detention basins should be incort7x A d into the proposed site plan.
Hati=al!._
Therefore, with proper implementation of City Engineering standards and the mitigation measure, any
impacts will be reduced to a level of insignificance
J SOLID WASTE
lgnifi nt Fffect No significant adverse irnp,ict
Einding. The proposed parcel map and commc.rk 1,
the collection and disposal of solid waste on c)r. >t
project component, transferred off -site by a Ykkr
Additional demand created by this project i,u
recycling and disposal system. 1-he Countv•of
that recycling is the most etfective means of mjtik, �t
�Miti on M 'st'r t: "he following mitigate if i
solid waste impact:
have been identified in relation to solid waste.
development is not expected to significantly impact
the ;kte. 'K0lid waste would be generated by each
sed caret r and disposed of at an area landfill.
` ',e!'VO(l ,i,i the existing solid waste collection,
ra ,�hd %', "aste Management Department indicates
t, to solid waste management resources.
]aired in order to minimilc any adverse
41. To encourage future residents and ten.tnts of the proposed project to contribute materials for
recycling, design considerations shall be includcd in each development component that would provide
adequate space and facilities for the storage and transfer of recyclable materials.
Rationale
Therefore, with proper implementation of City waste disposal standards and the mitigation measure,
any impacts will be reduced to a level of insigni i icance.
K. VISUAL RESOURCES /LIGHT AND 'Ct ARE/ARCIUTECTURAL
Significant Effec Significant adverse impact , 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 Sind 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 rraost visible trom Los Angeles Avenue but would also be
visible from the existing residential area located to the west and the existing school to the northeast.
-a.
Mitigation Measures: The following mitigation measure are intended to reduce any significant,
adverse impacts of news, light and glare and a hite( tune t. c ,) level of insignificance_
42. Plant a sufficient amount of tall growtntt trees and, /or shrubs along the western site boundary
(abutting the wall) to minirruze the glare impa( s and the loss of privacy of the nearby single- family
neighborhood.
43. No illuminated building mounted srt;r, shall be t)ermitted on any building facade facing
towards a residential neighborhood.
44. All parking lot pole lights and street lights shall Ne fully hooded and back shielded to reduce
the light "spillage" and glare.
45. Trees and shrubs planted along the we -.t, n ,ite pen neter shall be a minimum 24 inch box size
in order to provide a screening effect in a short Pw p rno,t.
46. Colors and materials of the proposed benl, Ling ,hall ; compatible with the surrounding area.
47. Tinted windo-s shall be installed to rnu rniz t the 'mittance of light and glare from interior
sou rces.
48. Prior to approval of a zoning clearan< ttu appl�c,int hall have a tree report prepared
consistent with (:,t% a >de requirements. is(apin�; .hall be provided for the commercial
development which t• c lunalent to the value t t t�rt , �. hich hill tv remo% red.
1
Rati_ on�?lg
Therefore, with proper implementation of the mitigation measure, in particular, landscaping, lighting
and architectual design, any impacts will be reduced to a level of insignificance.
L. TRAFFICJCIRCULATION MITIGATION MEASURES
On October 17, 1990, the City Council apprf ved changes to the City Engineer's conditions for
transportation improvements for this proje, -� e mitigation measures included in this section of the
findings reflect these changes.
Significant Effect: Implementation of the lov,,er commercial project component would result in a
cumulatively signific2nt, unavoidably adverse Ic_r1Ztterm impact to the traffic volumes on Los Angeles
Avenue.
finding;, Given that this project would resul in, or contribute to cumulative traffic volumes at
intersections along Los Angeles Avenue that cu; -ently exceed City standards for level of service, this
project's impact on the City's traffic environmd it is considered unavoidably significant. The most
significant impact of the project is the addit; )n cf vehicle trips on the existing overburdened
intersections on Los Angeles Avenue, in the vicinsty of the project site. Mitigation measures have been
imposed by the City Council to reduce the ad,, rse, significant and unmitigable impacts of project
related traffic below a level of significance. l fov, ver, these measures are not capable of reducing the
cumulative impacts of all development activaif .�s ions i-s .,ngeles Avenue to insignificant levels. No
mitigation measures are known that would ;,(.d ., e Icng -tci m cumulative off -site impacts associated
with project - generated traffic to a level of insif;na acance.
Mitigation Measures: Mitigation measures ha.- been imposed by the City Council to reduce the
adverse, significant and unmitigable impacts r,f �roject related traffic below a level of significance.
The following mitigation measures are offered a pari of tl'as FIR; however, these measures are not
capable of reducing the cumulative impacts of ail 'v,4npmei t activities along Los Anegeles Avenue to
insignificant levels.
Rationale
Therefore, the proposed parcel map and com,nercial development will have a significant effect on
traffic, even after mitigation measures are implemented. Mitigation measures are not capable of
reducing the impacts to a level of insignificance. A Statement of Overriding Considerations must be
adopted in association with any approval of th,- project (See Statement of Overriding Considerations
portion of Exhibit
M. POPULATION/HOUSINC
i nificant Effect- No significant adverse impacts to population and housing have been identified.
Fines The porpo5ed 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 ernplovees should be existing residents of Moorpark_
MitigatiQn Measurer 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
ienifi ant Effect- No significant adverse health hazards have been identified.
Fin in • 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 reap and commercial development is not expected to
create any significant health hazards on or off sre.
Mitigation Measure : 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 to a level of
insignificance.
ALTERNATIVES
Four alternatives to the proposed project were discussed in the Draft EIR (section 7). None of the four
alternatives were choosen by the City Council sine« the alters atives do not achieve the city of
Moorpark's goals for general plan consistency, cornmerc ►al service provision and efficient traffic
circulation for the residents of Moorpark.
0
EXHI131I- � (CONTINUED)
STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE FINAL
ENVIRONMENTAL IMPACT REPORT (EIR)
FOR MISSION BELL PLAZA
(UPPER AND LOWER COMMERCIAL COMPONEN-0
N0 VF %1BER 7. 1990
Pursuant to the provisions of the California Fns ronmental Quality Act (Division 13 of the Public
Resources Code of the State of California, Sectior7 15493 of the CEQA Guidelines), the City Council of
the City of Moorpark determines that the envm nmental issues, effects and mitigation of the proposed
project are similar to those addressed in the C-r,v r anti Final EIR prepared for the proposed project and
that cumulative impacts are adequately ad•C!rr -s,, �d in the I >raft and Final EIR.
The City Council has determined that, due to tho information provided in the Draft and Final EIR,
City Council Staff Reports and public testimony, X ) some significant environmental impacts listed in
the Draft EIR are not mitigable to a level of insignificance (air quality, noise and traffic), 2) all
suggested alternative projects within the Draft E R are not feasible (See Findings in Exhibit A above).
Therefore, Statements of Overriding Consideratie n in relati( n to the Upper and Lower Commercial
component of Mission Bell Plaza are presentee row. Frorr: this, it is determined that the benefits of
the proposed project to the State of California, ,nty of Vo itura and the City of Moorpark outweigh
the unavoidable adverse environmental effect' air loci l 9 . , noise and traffic.
Statement of Qvgrriding Cnnsiderati nt
- The project is consistent with the city,. ( nerol Plan for land use and provision of commercial
services for the local population.
- Since the project site has never been dwo loped, no air pollutants are currently generated by its
use. The proposed project will add 198,792 squ<:n feet of nerf,hhorhood retail commercial to the city of
Moorpark. Once the retail commercial project operation the amount of air pollutants will increase
on -site and in the general area. Currently, many N iooq)ar'k it travel out of the city limits of
Moorpark for neighborhood retail shopping pr:irtx) proposed neighborhood retail commercial
center will result in a reduction in vehicle mile; r,..elled vkj, by Moorpark residents since Moorpark
residents will travel a shorter distance to the :'r I -ol rwrr•li orhood commercial facilities (once the
commercial center cs rn opt r,itien) "Therefore, r' Lrl t of air pollutants within the sul,_
regional airshed will [h d(,creased since total t ie 11111's "'cile`d NNIT) will decrease.
- Operation of this neighborhood re_taii commercial center will result in increased revenue to
the local general tax base due to increased niar -.et capture of local resident's disposable income.
- Developer- funded improvements to LCrs Angeles Avenue (to be completed prior to occupancy by
tenants of the project), such as road widening, urn lanes and traffic signalization, will benefit residents
of Ventura County as well as the city of Moor),,irk dzje to improved traffic flow and safety.
FHIBIT 11
MITIGATION MEASURES AND REPORTING AND MONITORING PROGRAM
MISSION BELL PLAZA
UPPER AND LOWER COMMERCIAL COMPONENTS
NOWMBER ,- i990
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 gave 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 E R Mitigation Reporting and
Monitoring Checklist will be used by all City d epartments,,"d i visions /consultants involved in the
project implementation process in order to track the project' <, mitigation measure compliance progress.
A table has been included at the end of the mitigation meas•,,.ires 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 measure:,, and the mitigation reporting and
monitoring program apply to both the upper and lower com,- ;iercial component of Mission Bell Plaza. An
example of the City's standard Mitigation Reporting and Nlimitoring Checklist is also provided,
following this table.
The mitigation measures and mitigation reporting and monitoring program should be included with the
construction bid package supplied by the apph(at when construction bids are solicited.
A. GEOTECHNICAL MITIGATION MEASURES
] Niit�,atitin: Th ' applicant shall conduct a detailed
1-n,,!neering investigation to confirm .end
he l�t�� nhal tt,r IiyuWtactinn ��t the site. The
includr subsurface borings to depths of
forts r a ur fifty 'ect with appropriate in -tiitu to ting and
t or p)le- suplxtrtcd f0u1)d.1ti()11 sv,trn��
,,mj turai stabs, sub - drains, or dc,.vatering systems have al:
�ee successtully utilized on projects , %,here liquefaction
pot, atial; are sigh.
Sorting and Monitorine: Prior to issuance of zoning
clearance, the applicant shall submit the detailed
,yewechnical engineering investigation concurrent with the
;grading and drainage plan for the entire project site. The
City Engineer and Building and Safety Official (or an
i.ndf - pendent geotechnical consultant) shall approve Lhis
investigation prior to any grading on the project site. Once
app: oval 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
engvseer in the state of California) who will review
gene al construction progress. The geotechnical engineer
Nvho ;prepared the geotechnical investigation shall also
ntip .t construction progress for compliance with the
:ecovimendations of the geotechnical investigation. The
utdependent construction reviewer shall be approved by the
t- it}y 4 .ngineer.
2. "vlit14�atLon: T "lie applicant shall conduct a detailed
loot «, hnical engineering investigation to evaluate the
meth nicar properties of the deposits underlying proposed
i'11 iC ng, and attendant infrastructure. Such an
11� tt;atrm sr,all include subsurface explorations to
Obta1 T- Tresentative in -situ and bulk soil samples,
aplr, : >nate lat�oratory testing, and an analysis of
PCT! Ir' -tit factor, including removal and recompaction of
V •,sibic ..oii., foundation design pararneterti, and alit,
iit it t t , >e uli � .lolxti
KL_RtU.inj�_auld. �IQnit Orin g: Prior to issuance of zoning
clear,f ce the +pplicant shall submit the detailed
ge�►technical engineering investigation concurrent with the
,q. ding, and drainage plan for the entire project site. The
City Engineer and Building and Safety Official (or an
independent geotechnical consultant) shall approve this
im. estigation Prior to any grading on the project site. Once
ap,,roval of this investigation is granted, notify the
..-ommunity ii tevelopment Department so it can be noted in
the project file. During grading and project construction,
the appiican.t shall hire and pay all associated costs for an
independent c onstruction reviewer (licensed as a structural
en ;Sneer in he state of California) who will review
gen,>ral . onstruction progress. The geotechnical engineer
who prepared the geotechnical investigation shall also
inspect construction progress for compliance with the
recc,mmendat►ons of the geotechnical investigation. The
ind+: Pendent (onstruction reviewer shall be approved by the
C iN Engineerr
B. AIR QUALITY MITIGA Ti )N M E,1 S URES
Short -term
3- ?vlitpgati.on: •� regular watering program shall be
impl »,rm -tc-4a ttt reduce fugitive dust. Twice during the work
clay nd at the end of the work day, graded portions of the
pro y ;t site shall be watered to create a "crust" surface.
11's Would red use the amount of dust generated during non-
,,,i,6 d0 tr;
lZ� _tLg_11-Ild AQ1 i_tu rig. During construction, the City
Fngii eer and th.o on -site building superintendent shall be
resp►t ,sii)le for enforcement of this mitigation measure as
Sta'e
4. ,11Is ,; u n �VI, n �ippropri,ite, exIx7sed surfaces sh;►II be
tit tart };rowing, soil binding plant. This ►S�ould
eh tantialiv reduce wind erosion and its contribution to
<''c I parti( ulate levels.
B2orting and Monit ring• Prior to issuance of zone
clearance, the applicant shall submit a landscape and
itrrs ation plan prepared by a Landscape Architect
(licensees iii the state of California). This plan shall
incl rde a terrrporary erosion control seed mix. The
landscape plan shall be approved by the Community
Development Director prior to issuance of a grading permit-
'I-le .'ity Engineer and the on -site building superintendent
duri )g construction shall be responsible for enforcement of
this nitration measure as stated.
5. Min -ation- M1 grading operations shall be subject to
come,liance with the Ventura County APCD dust control
rn >a, ,1rc,s as eniorced by AF'CD inspectors.
F"UPrting an�LNIQ nng; During the construction phase of
t:he roject, City Engineer, Building Inspector, the on -site
-wlr uction superintendent and the APCD shall enforce all
lus' control measures. The on -site construction
',upe intendent shall have a copy of the dust control
rnta� ,res rn -site at all times.
6. Ivliti{; 3tion: All grading and construction equipment shall
1":' l pt >n of near the site until those phases of
(is., e' .)me fit ill— completed.
1`- '�'e %:1nFt3n- :�lQnitorin The City Engineer and the on-
�ite e istniction superintendent shall enforce the parking
loc,1t, 41 of construction - related vehicles at all tirnes during
H10 11 stru -lion I�hase.
7. inn iht uccss roads shall he� cm'ereti
N
1 QLtiuZ-A-UL- oni__ torin - Prior to issuance of zoning
cle.,rance, a .trading 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
01 +vin; as N, ell as labelling the roads to be gravelled or
Pav' d. L)uriru construction, the City Engineer shall enforce
o_)rrm .Iliar!ce wrr h the mitigation measure.
8. 1611t.; a ti Vin. I: uring periods of high winds (30 mph or
''r;', ;radii 9 operations shall be ceased.
]3crrtS= �1S1nitQnug: During the construction phase of
the :)roject, + ity Engineer, the on -site construction
Supt'+ intendent and the APCD shall enforce all dust control
rhea, ores I-he on -site construction superintendent shall
lIav+ a copy ct the dust control measures on -site at all
tir'It'
y. '.._ , � t c n 11 earth material being moved shall be
1'e —0Itine and Nlonit_oring During the construction phase of
the h oject, the City Engineer, the on -site construction
Super ntendent ,ind the APCD shall enforce all dust control
me ls. -es. The >n -site construction superintendent shall
have copy of he Ventura County APCD dust control
nie,ts: rs on -tint• it all times.
�ic,_n: 1'l -iodic application of water on material
conducted.
ht ;�!- +rt.i� 1tLC1 �1C'[llt4rlii� During the construction phase of
the eat, tl,(. 'itv Engineer, the on -site construction
Sala ri'cirnt I d the Al'CD shall enforce all (lust control
m''' L. 11. Ilk' I I- Ate construction superintendent shill
Long -Term
7a e a copy of the State of California and Ventura Count-
\F' D crust control measures on -site at all times_
11. :ilittgation; On -site vehicular traffic shall be limited to no
int, -(, than !; .,ihh.
+'- s2rtulgusl Monte: The City Engineer and the on-
sitt construction superintendent shall enforce the on -site
"ehtcle speed of construction- related vehicles at all times
dui ng the construction phase.
12 Mr IatrUn Public streets in the vicinity of the site shall
het en(Aica]IN washed down with water.
L''rtmP,VlQUitQnIIg: During the construction phase of
the .)roject, the City Engineer and the on -site construction
sup,-rintendent shall enforce this mitigation measure at all
ti m
13. ,flit l >,ation fransoortation Management Plan -The
applicant should prepare a Transportation i'vianagement
Plar (TNIP) , similar plan that would reduce total
"T )W coxnrc,uter trips.
I�Uvrting Id INloniluing, Prior to issuance of occupancy,
the' .:Tli -Int shall submit a Transpor tion Management
F'l:Mr, FNIP) to tile Community Development Department.
the alt' shall include only those employers on -site with
) or nort enrplovees. This TINIP shall be approved by the
".. �sy ngi,reer and Director of Community Development
ltri � o Y.u.rnc r of occupancy of the main anchor tenants.
to updated annually and suhnutted :()r
re% Rt �Ild rl,} roval to the Community lleveloprrnent
Det1.I me-t_ f e shopping center property managemerit
c0111pany ma% :ict as the on -site T:,viP coordinator for the
lar,.e tenants.
14 Mitigation: Provide On -site Transit Facilities - The
apF-,iicant shall provide the following on the project site:
E- )),red and lighted bus stops; bus turnouts; and sate
i r : stri<an w,.l kways between structures and bus stops.
KQrting�nd Monitorin - Prior to zoning clearance, the
app icant shall submit a Plan showing the design and
10c-Ions of coo erect and lighted bus stops, bus turnouts, and
safe pedestrian walkways between structures and bus stops.
1'10s plan shall be approved by the Director of Community
I) e, °Iovrnent prior to zoning clearance approval.
15. N iti atia;>n: I3ankinQ Services - Bank - related services
(f?.u, "I eller Nlachine, Direct Deposit, Check Cashing, etc.)
ran g o providc,,.7 on -site in order to reduce traffic trips.
f ";2( an¢ lfgnit_ urine Prior to occupancy approval for
the aarket, .a.i Automated Teller Machine must be
rnsta -led inside the facility. This mitigation measure will
be er orce.l by 'he Community Development Department.
16. Ul�ta- ati�7n. !: f -site vehicular Traffic Circulation
irnpr, nvements - The applicant should contribute funds
t_sv. =a i the improvement of local vehicular traffic
'Mil ovements. Such improvements could
improver signal sychronization and /or widening Ot
ir'�Etraars / -o.r lways. This measure is proposed in order
tr" r root tl' low of traffic in the City which would
re& c r .aI e "lot and the emission of air pollutants.
s ��Jt.,t1� Mild �1u11itQdn9z 'riorto issuance of occupann for
ar�v iantS, tha applicant shall contribute ",krea of
C rl 11 .a t,u��" tu"115 as directed by the City Engineer.
17. j . liti tic aa: f3i v .w vns - Estimated costs of "buy downs" for the
prol'x)c,�1 oroject should be based on the net estirrited emissions
ass(wiateo with the )roposed project.
As calcu ,ated. "'buN down" fees applied to the project total
7354, 43 -� v ire h ,tiall be Paid as a one -time contribution to
the City' Frahic MLinagement Fund.
Prior to zoning clearance, the
applican ,hall Oeposit these funds with the City.
14nrl.
C NOISE MITIGATION Ml�ASt1IZE,_:
SHORTTERM 13. % iti A110> : Construction .ctivities shall be limited to
between the hours of 7:00 a.m. to 7:00 p.m. on weekdays,
between '401 am and 7:00 pm on Saturdays and shall
x� elude tiunc:i�vti.
`�e� -fin �nr�: �orilt0 nv Ding the construction phase of
the project, the City Engineer and the on -site construction
superintendent shall enforce this mitigation measure at all
tin ,s.
19. Ntitdgation: During site preparation and construction,
construction equipment shall be fitted with modern sound -
wdtMctittn equipment.
ol�- end -� During the construction phase of
the project, the City Engineer and the on -site construction
sups rintendent shall enforce this mitigation measure at all
ti ]I,
LUNG TERM No mmtit,atic r measures are known that would reduce the off -
site imp-ict nagn. tude of noise associated with project -
gent.rratc I tratfic. However, the following measures are
pro�ld,,t that .vo tll -: rcxluce specific noise events.
20. tvlig4l tion _11t. noise wall adjacent to Shop Numbers 1, 2
and Rr't& "A� shall be increased in height to eight
p�ttti?1�_3utl lonit____orin Prior to construction of Shop
N� ")"- 2,3 .ond J�tail "A "(as shown
on the site plan ), the
adj.sct nt ,case titiall shall be constructed to a height of S
feet the t i`; Ingineer shall verify this prior to
C( n' tr , tier r)t th s portion of the retail commercial center.
�ittenuation walls to a height of 'ht
,1 orouud all leading arras.
fRutting�nti:�lonit�rine: 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.
22. �41ti4,1—tIon: Vehicle speed limits of 25 mph shall be posted
alons Lncx•rty F? 11 and '.risen Avenue.
EiQRuliing and Monitorine Prior to issuance of occupancy
for .,ny tenants, these signs shall be posted to the
satisfaction of the City Engineer, with all costs incurred by
the a,)plicant- l niorcement of the posted speed limit shall
be th+- responsibility of the Moorpark Police Department.
23. %fitiLatton:: IJs,e of parking lot vacuums and landscape
maintenance equipment shall be limited to the hours of 8
A.M. r)d 7 p.rn, vockdays.
ReRgr � nci %lonitorine; Enforcement of this mitigation
nrea, .re shall 1- the responsibility of the shopping center
prop rte Management company and the City Code
Enfor 'ement Off icers_
24. ti4; t __ - onstruction activities shall be limited to
betwt •n the hours of 7:00 a.m. to 7:00 p.m. on weekdays,
betwt t.-n 9:00 am and 7:00 pm on Saturdays and shall
e?:ctu fall &lv!
R- 14p011 ul,�_Monitui= During the construction phase of
the pr ,jest, the t: ity Engineer and the on -site construction
super itendent ;,iall enforce this mitigation measure at all
tine,
No oi, nrq_,,,jj .arc known that %vould rctiurr Ihr rtt
titic ;� nat "�i! +�1r �,f noise Alvs,ocl,itc l with l'ro�li•it-
gencr,�f��,t rarf �
D. FIRE PROTECTION MI`! IC:1'TI()N MEASURES
N 0) ,. E
E POLICE PROTECTION \LITIGATION MEASURES
' V ttl t D-11 _ •'. licensed security guard is required during the
V :stnrction phase, or a 6 -foot high chain fence shall be
11 ted ?round the construction site.
�'`�ndMtZBitO 'nv Prior to be
ginning of construction,
I he City Engineer shall ensure this mitigation measure is
on,pleted. This mitigation measure shall be placed in the
(,'t, kral Notes of the Final Construction Plans.
26. ,�iit ;ration;; Construction equipment, tools, etc., shall be
F'r(, w>rly 1, cured during non - working hours.
K rtgg_aDJ!J n tonne During the construction phase of
tf ^e rosect, the City Engineer and the on -site construction
sup, iintendent shall enforce this mitigation measure at all
tisn>
27 4.__ 1 t7 t t ; r':
All appliances (microwave ovens,
)
Ji h . ashy rs, r ash compactors, etc.) shall be properly
"'PI H T 'd prior to installation during non - working hours. All
`A'7 o 11r T'6('r- ;°call be recorded for identification purses.
During the construction phase of
the f' ">1ll (itv inspectors and the on -site construction
it'l lr.�nt .A,,111 enforce this mitigation measure during
con,t,,
-�� ?•`_�� �. '� n iy�hn °K devices shall be hiF;h enough ,�� t�,
n the around trorn tdmhenn,, with thrill.
shill lx- provided with a lighting systrm
c,1i'° t' t iifu mi,iting the parking surface with ,I
11 nr"t 1 f( )ot cdndic of 11 It' ht d I I d "hail 1 't•
,!�'si: fled to rronrmize the spillage of light onto adjacent
hrot rthe,. All exterior lighting devices shall be protected
by �s other and breakage- resistant covers.
fit 42Q1tiDJl' - Anal_ loni_torine• Prior to zoning clearance, a
Ligh ing, Plan shall be submitted with the Final
on,.rrruction Drawings and approved by the Director of
C'om,nunrty DevelopmenL The Lighting Plan shall be
prepared by an electrical engineer licensed to work in the
state If (—)liforr,ia_
29. Mitil;atron: L.,indscaping shall not obstruct any exterior
door r window
1 =11i=2nILLMoni_ ton ' Prior to zoning clearance, the
applir ant shall submit a Landscape and irrigation Plan for
review and approval by the Community Development
Department. "l?ie Landscape and Irrigation Plan should
rote r wis concerl in the General Notes and consider this
when, .letermining the plant selection.
30. �t�ti; ton Landscaping is to be maintained at a height
-hers pedostriarss will have full view of the area with no
or')srr lion ..
Repolung iLS �ronit_ Orin Prior to zoning clearance, the
applic.Xnt shall submit a Landscape and Irrigation Plan for
revie� anc approval by the Community Development
C)E'Va; `nent 711k Landscape and Irrigation PIan should
note t. ;; : cnrern in the General Notes and consider this
w #ren ; teriliinirit the plant selection.
31. Mrtr, ro_n Lai dscaping at entrances /exits or at .inv
intent io i vVithir the p,irkinh lot shall not block or wrctln
Jrvrr tram .rnothtr m�,�in:; �t�liiilr i,r
Ri-C"inl; �Itd Niont_ 'toring-, Prior to zoning clearance, Lhe
applicant shall submit a Landscape and Irrigation Plan for
review and approval by the Community Development
1epartment, The Landscape and Irrigation Plan should
no e this c ancern in the General Notes and consider this
"i r °n deterrr;,ning tale plant selection-
32. 2A '_?gat on: Landscaping (trees) shall not be placed
clir ,"ctly under, any overhead lighting which could cause a
l >., of lignr at ground level.
E"".QZIiIIgauLLMonit_ urine; Prior to zoning clearance, the
applicant shall submit a Landscape and Irrigation Plan for
rev t'w ,ind approval by the Community Development
Del artment. "the Landscape and Irrigation Plan should
notr this concern in the General Notes and consider this
w'he i determining the plant selection.
33' ` t' C!_. Addresses shall be clearly visible to
- - �- --
each rill; ,: rner4gencv vehicles and mounted against a
cone Gshn� cul�r _
R rung and Ntonit oring Prior to zoning clearance, a Sign
'1•rn .hall be submitted with the Final Construction Plans.
The rgn a'lan shall include a detail of the proposed style
0 a,t iressing. Prior to issuance of occupancy, the size,
Ic,car in ar'd appearance of all addresses shall be
appr, ''eel `'r ' re City Building Official, the Police
1 )t`1',+ incrt inc the Fire Department.
34. k1it'4 +(h,rt-,s numbers shall be a minimum of six
If r' r' i1" Mid t!lurninatcd
durrng the hours of
ca' ,
s' 1?L'ttt:lP+.lIlcj:N,lQ(1i1Q'[ja ; Prior to zoning clearance, a Sign
Plan s. ill b" subritted with the Final Construction flans.
rn & 11 i'C"le a dt•tdil of the proposed stele
et ,idresstnc, Prior to issuance of occupancy, the size,
location and appearance of all addresses shall be
apl� roved by the City Building Official, the Police
Department and the Fire Department.
35 'Olt r;aticn_ A it extenor doors shall be constructed of solid
nc,mmum of 1 and 3/4 inches thick or of metal
con tructFon front glass door(s) commonly used for entry are
'WO rtabie but hould be visible to the street.
Kc- r.trtin;;and. %loni Prior to issuance of occupancy,
the', " Improvements shall be approved by the City
Building Official, the Police Department and the Fire
Der trtmvnt
36. ivhto;,;atron: Doors utilizing a cylinder lock shall have a
mina -aum rive r in tumbler operation with the locking bar or
tx,lt °xtvnding nto the receiving guide a minimum of one
it 1
F'A1: wtir�� and_�tonitorin Prior to issuance of occupancy,
thes improvements shall be approved by the City
Boiling Offi: • al, the Police Department and the Fire
G)f1p,,.tme at
37_ Mitij;,Itio rc Fhcre shall not be any easy exterior access to
tht� r of 3iea, i.� , ladders, trees, high walls, etc_
2icA- l'tilIIii1s1:�14Illt.4IlII�;: Prior to issuance of occupancy,
the,* oncerns hall be addressed by the City Building
she Poii,:e Department and the Fire Department_
38. N1111, ��inn ll�, n occu pancv by the owner or
F prophet; r,
� t+ ny it nci au a tract ur cornnIcrctA L!CVclopm(�nt
she ,.Irne );rneral pLrn. ,h,111 h,I�c� Ir,l,
11,113�' )flit 111,01- 1, which are interchanl;e tree trom lock,,
IMPa
"St . ;n ail oi!hcr separate dwellings, proprietorships, or
,,ui flay distin� t (x-cupancies.
RfV-Q g and Mon_ itoring- Prior to issuance of occupancy,
the .e improvements shall be approved by the City
huj' dint, Ofiiilcial, the Police Department and the Fire
I.)ep art ment.
F. PARKS AND RECREATII >N MI'TI t:1ATION MEASURES
39. h1iti,ation:_ ' ees for the upper and lower commercial
prol<,ct c3mponent shall be assessed per City policy as
defined below
0.25 per square foot of commercial use
P and Monitoring Prior to issuance of occupancy, this
fee shat'! be deposited with the City of Moorpark and
docu ner-ed by the Community Development Department.
G. WATER PROVISIONS N'11TIGATION MEASURES
NONE
H. SANITARY SEWERS MITI � ;ATION MEASURES
40. iNfing „tion; The project applicant shall be required to fund
a'1 � we� ynfr,�,tructure improvements necessary to
accini rotl.etr:� th < prolx�sc�1 prr>jer•t dcrnand.
Rs_RS2 tj Pg- .an.4i_N'Qr ilgring;--Prior to zoning clearance, the
apptit. ,it shall ti utrmit for review and approval public
itnliro rnent hlays and final Construction Plans for re.-icw
and .rl� ro”] "V, t?re "tv En ,9ineer. Prior to acceptance of
public nprovenrtnts and bond exoneration, the applicant
shat' r rtrihute funds as directed by the City Engineer
an&. r ,n,,t-u,t .! I 1 >ublic improvements as shown on the
112+ !ro vemen °. plans to the satisfaction of the Citv
f-- r,ineer..
41. '.7r_ti ation: The applicant shall be required to comply
wish all pertinent County of Ventura Public Works
3r, ,artnnent connection regulations. These mitigation
ant •surfs shall be implemented by the County of Ventura
'U:• tic 'forks i�"epartment (Waterworks District No_ 1).
KQ1 ?rt�ng_ Monitoring- Prior to zoning clearance, the
applicant shall submit for review and approval public
unl rovement plans and Final Construction Plans for review
anti approval by the City Engineer. Prior to acceptance of
putdic improvements and bond exoneration, the applicant
sha i construct all public improvements as shown on the
imi - ovement flans to the satisfaction of the City Engineer
anti the County of Ventura Public Works Department
(Wa erworks district No. 1).
1• STORM DRAINAGE N111 GA FION MEASURES
42. tit : On -site detention basins should be
ina'rp ted into the proposed site plan.
Rumting and MI DD o Prior to zoning clearance, the
applican, shall submit grading and drainage plans (which
include ; rovisions for on -site detention basins in the parking lot
lands(.tl: A areas) t�ir approval by the City Engineer . Prior to
accept to of publrr improvements and bond exoneration, the
applic,,n+ ;h.tlt con,,�ruct all public improvements as shown on
the irn;rr, ver—rit pt,,ns to the satisfaction of the City Engineer
and tt,.' ik" Landscape Architect. Anv on -site detention
area, t, ,TO+ d landscaped areas shall t,e shoti.n on the
rN11 rc t m", -awe i tt1 irrigation pion.
9
J SOLID WASTE MITI GA FION M EASURES
4 . C`1'ciggtion. To encourage future residents and tenants of the
PT Tosed prc,;ect to contribute materials for recycling, design
Isidoratio is shall be included in each development
''F'i >�e1rt !hat -O uld provide adequate space and
li"I'S h: ! the storage and transfer of recyclable
7i. �ert.rls
Kt ..'Q1tin9 and Monitoring Prior to zoning clearance, the
rpl=licant shall submit to the Community Development
0eaartment for review and approval Final Construction
11a is which include adequate location and space within
the °etai I center for tenants to store and transfer recyclable
r..t � e,ri a; s.
K- VISUAL RESOURCES /LI+H-I' AND GLARE/ARCHITECTURAL
11i1 ' "I( =ATION MEASURES
44. "'1if, <rti('n: P i n t a sufficient amount of tall growing trees
arid 'r shrubs along the western site boundary (abutting the
t,val1 to minimize the glare impacts and the loss of privacy
t l t! n.'r;rbv r 1 ngh-- family neighborhood.
F`o'p` °tllltg .y3Ltd_:V1ont____torinb; Prior to zoning clearance, the
Ippl ant shall submit a landscape and irrigation plan for
'upon vai by the Community Development Department and
th, ,t)', I avdscape Architect. The Landscape and
Iraq,: ,our Plan ..hall include tall growing trees along the
t^ -1e"tr r I ropert), boundary.
45. itiiit�l;. rion `.I() Huminated building mounted signs shall
1'' nrrt �d o " "V building faca(le t'10M,
ai," ,r,rhnod.
I�cp�rit�n >licj ti1vs11tQLiD9; Prior to zoning clearance, a Sign
Prtti��., 7 •,h.rl) hr, submitted with the Final (,n11strUCtI011
P ins and approved by the Director of Community
I!•wvelopment. Illuminated building signs shall be
It tricted as identified above.
46. M,rtiratio_n- All parking lot Cole lights and street lights
,& ill tx• full, hooded and back shielded to reduce the light
;,ll.r.e" art yarf�
gs or i �zd yionitorin Prior to zoning clearance, a
L- ;hting Plan shall be submitted with the Final
l-onstruction Plans and approved by the City Engineer, City
Building Official and Director of Community Development
The Lighting; Plan shall be prepared by an electrical
en;rineer licensed to work in the state of California.
47. %trriZation_ 1'iees and shrubs planted along the western site
�x r imeter shawl be a minimum 24 inch box size in order to
In wide a s4-ri4 -ning effect in a short time period.
Prior to zoning clearance, the
apl;iicant shall submit a landscape and irrigation plan for
approval by the Community Development Department.
b,, Landscape and Irrigation Plan shall include trees and
sh7 ;bs in aninimum 24" box sizes along the western site
pe, ineter..
48. Rtitq ation; Cc,Iors and materials of the proposed building
bi (0171 i ihlr with the surrounding area.
lZt:; )T-"Jt --Ifld :0Qnit in ; Prior to zoning clearance, a
But ling Cola, Chart shall be submitted with the Final
t>n truction P] ins. This Color Chart shall be approved 1,w
th ' - irector of tommunity Development and incorporated
)he prikai, Ct,nditions, Covenant,, anet restrictions
{( W0 for t1w hroject. Anv proposed coliir ch,rns r Slia]!
re. i Ved by the Director of Conununity Development.
19 "1ih ;,:ition, Minted windows shall be installed to minimize
- e enuttani: , of light and glare from interior sources.
hportiil>; ,1tid Mon_ �torjttr- Prior to zoning clearance, the
plicant shall submit Final Construction Plans which
lud °' a sarul'le window detail noting the requirement for
t +reel wv:ndc ws. This shall be approved by the Director of
( rnm'"Y Development and incorporated into the private
( editions, ::'uvenants and Restrictions (CC &R's) for the
F 'iec''. A,- "y proposed change shall reviewed by the
( sector of ( r,mmunity Development
rO. h1't-�94tion: Prior to approval of a zoning clearance, the
j( Iic ant s11,311 have a tree report prepared consistent
' -Ity o)de requirements. Landscaping shall be
r vicic d fcr the commercial development which is
q ivalent I:,y the value of the 310 trees which will be
fre; 00ingand 'tionitori Prior to zoning clearance, the
apvlicant shall submit a tree report and a landscape and
irre ration plan for approval by the Communitv
lie, - •lopment Department and City's Landscape Architect_
7 'ree reporr shall indicate the total value of all trees to
h mov,�d
L. TRAFFIC/CIRCULATION ��11�I( ; HON MEASURES
On October 17, 1990, the City Council apprc c. r�,ll V mitil ation measures in relation to
transportation imprr,�.cmcrit�
`.lis clE:'r in[U i _II ifl
t i. iiilp 1 t i
ImprovEments; and t�, r i �. , r � i it iurety guarantee ing
can ,truct lun or the Any nocassary rlyht - ter I ��
acquisition necessary & i
r tan rt.qu i rcd in;pruvernerlt s
acquired by the appir:..,
.xpen1r2.
The improvements shall ar I Icrete curb and gutter, sidewalk,
street Iights, trafrit iitraIv striping and signing, trar;ic
control, paving, and ins ectslar1 transitions to the satisfaction
Of the City Engineer. I .t;p; Ir &W Jrentura County Road Standar,,
PlaU s are as follows
a. Los Angeles Avenue per PI to E -2A, modified north of
centerline to have 59 ree L of right -of -way, 51 foot pavement
width, a o foot lands aped area and a o foot sidewalk. The
landscaped area and ..:Whalk snail be located within the 3
foot parkway area ii6ji a 4 out landscape and pedestrian
easement. Applicant snail construct improvements north of the
centerline across the Frontal; of the project.
Applicant shall also
along the
._on°,tru: t sufficient
roadway widening
south side
auxiliary lane
to p:,rullt
r-estriping
for a westbound
across
wcil as 12 foot
the entire
frontage of the project, as
a aid,
a minimum of 15o feet
e3Jbohnd
right turn
pocket providing
Los Angeles Avenue
of stur,ge
at Liberty
Bell Road. All
prel iminary pl ans w h l
OPQ van, its
n � r,a i
shall be
shown first on
r_view and approval
Q
KLI
submi tied
t I I e y will
to the City for
he submitted
MUM fur review :,,v
improvements
a,l,�_1
Los Angeles
to
Avenue scope of
shard
e reK reed to City
Council for
consideration of alte!iative
mprovements,
In
if Cal trans will
not approve the pro! ir
n.o y p , lri ,
.
the applicant
shall map ! 11 drr!vocable
offer of dedication of
an additional
City in
9 feet ,
cuss thr
frontage of the project. The
may,
provide for construe..-
the Tutu
, elec
to accept this dedication to
n L adlitional
improvements.
The applicant
shall uo
Ign the
main driveway project entrance
Mwern Park
l
Lane a-io
0WI t
1 Road to prov Ide two inhour,j
tics and one
outb,,,
na required Los Angeles AVcnuc
1r, rOVe"ents
viand in the
shall
L, i s � �
WPM Int t0 i
I r tllr ns
vic1h,
,r tQ!
crivuway, thereby prohibiting
In
or u, [
,i;._ N
VV41y
In conjunct ion with +.I„
n,cansaly tranSltlF,rk
- [Ktaytlun or th
Q Pi Vint �Uflll�li)Ui
i. ;, ILut lun rural
r t is Af yeles Avenue improvements, al 1
d -eslgned and constructed t0 th,
r gl(ce c and t.a1tr,"j, illy
with tos Avi�rir,c
r aid. Ii[ "uuid nut, a to [h
j L Ila I l be ut t ct [)y
i its Angeles Avenue Area ;r
�- l r't�erty Beil i�'c,a,i
t the ult irn.;�
dl2signed and constructed to ai ign
Angeles Avenue.
�3c11 "ad alignrnent south or Lo;
�. tit
rntersectioil must
. r y Be I 1 Road - Los Angeles Avenue
kji;
,necessary tgrnriul i;
tad and constructed to provide far
�cr.tts "d Trust be
the City Engine I
reviewed and a
,- approved by
ic,r to recordation
de i(gati of -way un
dedication. 1_rc�;�
so that the dedication
n� map wrll be the ultimate right -of -way
t� (.),3i
street, with all
Road will be a variable width
signed to
City Engineer.
the satisfaction of the
.� c��,ti,
i ir,proveincn i s is
is intended
:ll configuration of the �e
�ar ��� t 1. t t ached F i ure 1 proposed
g
tt °,Lll
lr�plemented, it �
h, , Although it
(�t 'shown on this figure be
transition desi.r�
stu.d that final plan � as
w,r; �L;a that shown ind the figure.
Landscape &
� I
e�lestrlan
E" semcnt
I �
--
Third Set of �
Dr1Vc ?jays � / - -- - --
i
Landscape &
;f Pedestrian
Easement
6' Landscapc,-,�
Parkway &
-- 6' Sidewall;
T -- T
At
� 1
180 Transi tic:+
f
I �
Second Set of •
Driveways
5 12 ;? 1 1
5 8 4
6/L
8
First Set of: __
DrivcwayS
I
p �
.a g 12 12 1? 5 8
4
I
-NIT FIG t1I;F �
r
SECTION 2. Pursuant to the provisions of the
California Environmental Qualm -y Act (Division 13 of the Public
Resources Code of the State of California), the City Council of the
City of Moorpark determines ghat: the environmental issues, effects
and mitigation of the proposed project is similar to those
addressed in the EIR prepared for the proposed project and that the
Council has previously taken ac•.iori to certify the EIR and a
a Mitigation Monitoring Procr m, Findings, and a Statement of Overriding Considerations.
SECTION 3. That he City Council finds that the
proposed project is consistent it4i th,2 City's General Plan.
SECTION 4. That the proposed project will provide
desirable characteristics wh_i.c},, will be compatible with existing
and proposed development in t.},e surrounding neighborhood.
SECTION 5. That, tt e City Council approves the 187,033
square foot lower commercial component of Commercial Planned
Development Permits Nos. CPD - -89 -1 � 2 consistent with Exhibit A
(site plan and elevations) and pursuant to the findings in the
staff report dated July 25, 1990 (Exhlb t- B), and the conditions of
approval attached as Exhibit (" :) this resolution.
PASSED, APPROVED AND
1990 .
'tD0PTE:'
THIS 7TH DAY
OF NOVEMBER
ATTEST:
Lillian E. K
llerman
City Clerk
Exhibits:
Exhibit
commercial
A: AD rove z�Tt
- P =-
component
s'�T ri
nd elevations
for lower
Exhibit
Exhibit
B - Findings incur -)
C
; c�tC�,l
by reference
- ('onditions 01 �:
;�- r�,�,�1.
dated 11 -7 -90
PAUL W. LAWRASON JR.
Mayor
-_RNARDO M.PEREZ
Mayor Pro Tem
SCOTT MONTGOMERY
Councifinember
JOHN E. WOZNIAK
Councilmember
LILLIAN KELLERMAN
City Clerk
_N 4 0 0 , — i s
STATE OF CALIFORNIA,
COUNTY OF VENTURA
CITY OF MOORP, ARK
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A.I_C.P_
Director of
Community Development
JOHN F. KNIPE
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
I, Lillian E. Kellerman, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No. 90-722 --- was adopted by the
City Council of the City of Moorpark Kit a meeting held on
the 7th day of NOVEMBER
1991), and that
the same was adopted by the foI owing vote:
AYES: COUNCILMEMBERS BROWN, H,aP ER, LAWRASON, MONTGOMERY AND MAYOR PEREZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and thr Offi.ci.111 seal of said City
this 19th day of FEBRUARY <
i
ian E. 41e
t 1erI
/f
r i
99 MoorPzlrk %loorpirk (805) 529 -686
o
,/R
oa ,
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A.I_C.P_
Director of
Community Development
JOHN F. KNIPE
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
I, Lillian E. Kellerman, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No. 90-722 --- was adopted by the
City Council of the City of Moorpark Kit a meeting held on
the 7th day of NOVEMBER
1991), and that
the same was adopted by the foI owing vote:
AYES: COUNCILMEMBERS BROWN, H,aP ER, LAWRASON, MONTGOMERY AND MAYOR PEREZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and thr Offi.ci.111 seal of said City
this 19th day of FEBRUARY <
i
ian E. 41e
t 1erI
/f
r i
99 MoorPzlrk %loorpirk (805) 529 -686
EN HIBIT C
CPD 89-1 AND 89_2 CONDITIONS OF APPR( " VAL - LOWER COMMERCIAL
NOVEMBER 7,1990
GENERAL REQUIREMENTS
1. The permit is granted for the land and project as shown on the final plot plans and elevations
approved by the City Council on October 17, 199(1 (for lower commercial component only). The location
and design of all site improvements shall be as hown on 'he approved plot and elevations except or
unless indicated otherwise herein.
2. The development is subject to all applicaHe regulations of the C -P -D Zone and all agencies of
the State, Ventura County, the City of Moorpark ind anv 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 diligenp1v worked towards inauguration of the project during
the initial one -year period.
4. All facilities and uses other than those sp -cifically 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 subrnr tal of a 'valor modification as determined by the
Director of Community Development.
5. The design, maintenance, and operation o� 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 reft—ence, become conditions of this permit.
6. No conditions of this entitlement shall lx� ir:terpreted 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 scat of rules apply, the stricter )nee, shall take precedence.
7. If any of the conditions or limitations of tt: s permit ore held to invalid, that holding shall not
invalidate any of the remaining conditions or lima Nhorrrs set orth.
8. The_ permittee agrees as a condition of r,,, ancc and ,use of this permit to defend, at his sole
expense, -,iny action brought against the City L-"-& se of kSL1,111ce (or renewal) of this permit or in the
alternative to relinquish this permit. Permitte+_• 4x11 roimb,,rsc the City of any court costs and /or
attorney's fees which the City may be required by r ,urt to pay as a result of any such action. The City,
may, as its sole discretion, participate in the �Actew ,e of and ;uch action, but such parti
not relieve permittee of his obligations under t',,i, nuiti, ,E cipation shall
9- Prior to submission of constrUCtion plans kr r
zoning clearance shall [, obtains d from the I- p.,r
submit building constrnu-tron plans to Dc:partr -ii
Harmless -agreement.
10. This Commercial Planned Development Prrr
is discont" t ed fora pen(ki of 113) or more const, n I,
atr �hrrk >r initiation of any construction activity, a
relit in C. nununity Development. Applicant may
'111 i Satety with it City approved I fold
haC< (IN ire when the use for which it is granted
1_. � ,
1 11. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of the
subject building, or the owner's representative <.' °gall 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 ac, eptance 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 :he 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 perrruttee
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 Communi ^v 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 -e —J all conditions pertaining to this Permit and agrees
with said conditions.
16. Approval of the upper commercial profc,t (north of the landscape buffer) is for the general
footprint and types of land uses only. Approd it of parking, setbacks, landscaping, elevations and
additional land uses shall require the filing of a n'ajor modification to CPD 89 -1 and 2.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
IT Prior to issuance of a Zoning Clearance, a ::omprehensive 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 tt the issuance of a Zoning Clearance. All new lessees
shall conform to the approved sign program and N required to obtain a sign permit from the Community
Development Department. Monument signs sha be inait0f to Los Angeles Avenue, Park Lane, and
Liberty Bell Avenue and shall be externally li�-,hr •d.
18. Prior to issuance of a Zoning Clearance, a Sr.: rety Performance Bond in the amount of $10,000 shall
be filed and accepted by the Director of Cornn unity Development. The Director of Community
Development may, through a public hearing to b, heard before. the City Council, recommend that anv
or all of the funds in the Performance Bond be fc+rtr rted for noncompliance of the conditions of approval,
orfor some other just cause. This condition shall o tomatically be suFvrseded by a related resolution or
ordinance regarding condition Compliance for tri merit apvrovals as adopted by the City Council.
19. Prior to the issuance of a Zoning C;.�,,,r, 0'', the ,wplicant shall pay all outstanding case
processing (planning and engineering), envon.)iu, ntal impact report preparation costs, and all City
legal service fees be paid for CPD 89 -1 and 89--
20. Prior to the issuance of a Zoning Clear;-ice, the applicant shall deposit fees pursuant to City
Resolution No. 89-605 for condition complianct• view
21. Prior to the issuance of a Zoning Clear.ince, the l ermittee shall sign a statement indicating
awareness and understanding of all permit ccmd lions, and ,hall agree to abide by these conditions.
22. Exterior pedestrian trash receptacles n 'tie walk areas shall be provided. The elevations of
these receptacles shall be depicted on the talc +n rid, � hall } approved by the Director of Community
Development or his designee
23. Parking spaces shall be nine (9) feet rn w,.ith and twenty (20) feet in length. An additional one -
half foot of width must be provided for parking paces located adjacent to a wall. Drive aisles between
parking spaces shall be thirty (30) feet in
all others. whit} on the rn ijor drive isles and twenty-five (25) feet on
24. The existing plans shall be revised by the applicant &id approved by the Director of Community
Development. The following revisions shall I) - ads:,
a. Only one driveway from Los Angeles Avt nue shall be permitted.
b. The proposed tower sign shall be elirnina ted.
c. A 20 foot landscape setback (not including the public right -of -way) shall be provided along Los
Angeles Avenue, Liberty Bell Avenue, and Park Lang.
d. Trash areas and recycling bins shall be dt pitted on the construction plans, the size of which
shall be approved by the Director of Comrnur ty and City employee responsible for recycle /solid
waste management programs.
25- The final construction working drawinf' shall be .tibmitted to the Director of Community
Development.
26. 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 and planting plan submitted for revie,v and approval shall be accompanied by a deposit as
specified by the City of Moorpark. Additional furnls may subscluently need to be deposited to cover all
landscape plan check and inspection fees. All Landscaping and planting shall be accomplished and
approved by the Director of Community Deveti>pment, his designee, prior to the approval of
occupancy. The project plans shall include the Io'w�n
a. A 50 percent shade coverage shall be ter vicicd 'ovithin all parking areas. Shade coverage is
described as the maximum mid -day ��,,� tYi ,,ca dofined by a selected specimen tree at 50
percent matunty.
b. Any turf plantings associated with th s rc te,: t >h, !I be drought tolerant, low -water using
varieties.
c. Landscaping at site entrances and exits arc r at ony inrersection within the parking lot shall not
block or screen the view of seated driver tr rn .inr,tlie moving vehicle or pedestrian.
d. Plantings in and adjacent to parking; a��.�, s aal ��� . t.rined within raised planters surrounded
by six -inch hii;h (oncreto curbs.
Iandscaping shall be designed so as to r,;; ,trIl"t tilt .'irvv of any exterior door or window from
the strc ,tq.
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 view, of any backflow preventers.
J- The emergency access easement area between Sierra Avenue and Liberty Bell Road shall be
landscaped to the satisfaction of the Dirc�'tor of Community Development. This easement shall
be located directly adjacent to the public right -of -way.
27. 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 screen(N.l with landscaping or a wall.
28. DELETED
29• Roof design and construction shall include a minimum 18 -inch extension of the parapet wall
above the highest point of the roof.
30. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may
extend above any parapet wall shall be enclosed on all four sides by view obscuring material of similar
color and material used in the construction of all buildings. Prior to issuance of a zoning clearance, the
final design and materials for the roof screen and location of any roof mounted equipment shall be
shown on the plot plan and must be approved by the Director of Community Development. All screening
shall be maintained during the life of the permit
31. 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. T rec
rash area shall provide for ycle bins as approved by
the City.
32. 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.
33. 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 Jearance, he applicant shall identify the required
truck radius on a copy of the site plan.
34. The - applicant shall provide a minimum of : feet fr rn the entry doorway of a major tenant to a
travel lane.
35. The applicant shall provide a main entry %VI c'h does not allow parking stalls to back out into a
main travel lane.
36. All property line walls shall be no further Iha ) on(, inch from any property line.
37- The buildings shall be constructed emplovmlt energy- saving devices. -These shall include those
devices required by California Administrative code, Fitlr 24.
38• For all exterior lighting, a lighting plan shall I,e prepared by an electrical engineer registered in
the State of California and submitted to the Drp;rt,'ent of Cirmmunity Development for review and
approval. The lighting plan shall achucv( the following objectives: Avoid interference with
reasonable use of adjoining properties; mininnze on -site and off -site glare; provide adequate on -site
lighting; limit electroliers height to avoid exk (-ssp e illumination; and provide structures which are
compatible with the total design of the prn,)tN, ed f.uilith
The lighting plan should include the tc)H( mg:
a. A photometric plan showing a point by point foot .andle layout to extend a minimum of twenty
(20) feet outside the property lines. l..Iv mt plan to be based on a ten (10) foot grid center. Down
lighting and accent landscape and t)uil, Ong ilghtrn,; shall be employed throughout the project.
b. Maximum overall height of fixtures -,h, If t c fo,irr, en 14) feet or as otherwise approved by the
Community Development Director
c. Fixtures must possess sharp cut -off ,tif s t�,t,
property lines. maximum of one foot candle illumination at
d. There shall be no more than a sevc 7 -to -one t?:1) ratio of level of illumination shown
(maximum- to-minimum ratio between I t;hting standards).
e. Energy efficient lighting fixtures oh,, 1 tie prop ded which are compatible with adjacent
properties.
f. A minimum of one, and a maximum (:, two toot candle illumination with a 1.5 foot candle
average, or as otherwise approved by tiro Community Development Director. No over - lighting
of the center shall occur.
g. No light shall be emitted above the Q(i k,; or hi nzontal plane.
h. Light standards in the parking lot shall sh
glare on neighboring properties. ielded and directed downward to avoid Light and
39. A utility room with common access to hou >e all meters and the roof ladder shall be provided. No
exterior access ladder of any kind shall be perm, ted
40. No downspouts shall be permitted on exte +,or of the building.
41. All exterior building materials and Pau t coiors stall be approved by the Director of the
Community Development Department to ensure rnIp3tibil11v with adjacent development.
42. All exterior newspaper racks shall re c) 044 d,3rk brown in color and shall meet all other
criteria identified in the Zoning Ordinance.
43. No asbestos pipe or construction maters; �h3i1 be used without prior approval of the Cit
Council. v
44. The applicant shall record a covenant wry n,� �c�t t,, protest the formation of an underground
utility assessment district.
45• All existing and proposed Utilities are rtYtu, ,,d to t-'c• Undergrounded to the nearest off -site utility
Pole except through transmission lines. This regu,r meat for undergrounding includes all above ground
Power poles on the prnicct site and those al„n,; �e ;r.7ntaj,,� of the site in the Caltrans right- of -way.
Prior to the issuance i,t a t�n,ng clearance, the apf ,c,;nt ;hall submit a plan for review and approval to
the Director of Community [hvelopment whir, !efititics 1""' compliance with the undergrounding
requirement will bt ;»,,,
` 46. If skylights are proposed, the specific type and model
Community Development to ensure that must be approved by the Director of
illumination as viewed from the exterior. the °.r shall be of an opaque type to minimize evening
47• 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.
48. The applicant shall contribute to the City , I Moorpark an amount of $.25 per square foot of gross
floor area to support the City's current and futum park system.
49. The applicant shall contribute to the City .f Moorpark's Art in Public Places fund, an amou
$10 per each 100 square feet of building floor am nt of
50. The applicant shall make a one -time monetary contribution of $270,945.00 to the City's Traffic
Management System Fund consistent with the "buy downs" calculations given in the Environmental
Impact Report, and shall make an additional contribution of $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 upper or llowc r commercial must also pay the applicable APCD
buydown rate.
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, disposal of potentially hazardous materials, and that an required g g, and
required by the County Environmental Health Division, the applicant shallaprepare abhazardous
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 p'[iced in the project file.
52. All roof top mechanical equipment and oth r 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 zormmg clearance for initial occupancy
tenant occupancy or any subsequent tenant occzi 3n, or any subsequent
that a noise study be submitted for review arPj ip provaltwhich demonstrates that l on-site eno se
generation sources would be mitigated to the re_Ylu -reel level. The noise study must be prepared by a
licensed acoustical engineer in accordance with I( C : tE',i engin+ Bring standards.
co To encourage employees to use alternative. r,ean4 of tr:3nsportation to reduce automobile trips,
common bicycle storage facilities shall be provided Prolx) sec bicycle storage areas shall be reviewed
and approved by the Director of ('ommuni
ty Dc: velc � rnf [It prier to issuance of a zoning clearance.
54. If any archaeological or historic finds are tin( 3 )vere-d during excavation operations,
shall assure the preservation of the site, shall of fain the si,�rvices of a qualified archaeologist to
recommend disposition of the site; and shall.obta,n he Pircctt�r of Community Development's , the writ tee
concurrence of the recommended disposition bek }r��, r, nmi,rf; dle.��lolm�rnt. g
elo's written
PRIOR TO ISSUANCE OF A BUILDING PERMI ` Tlil; F(_''d.IOVVING CONDITIONS SHALL BE
SATISFIED:
h
55. An "Unconditional Will Serve Letter" fc� water ano sewer service will be obtained from Ventura
County Waterworks District No. 1.
56. The applicant shall pay all school ,c ssment tees levied by the Moorpark Unified School
District.
PRIOR TO OCCUPANCY, THE FOLLOWING; ONDITIONS SHALL BE SATISFIED:
57• The area of the upper commercial, nortf of the proposed landscape buffer, shall be landscaped
prior to the issuance of a certificate of occupan,-v c)t
for this area in conjunction with landscape plan, for C this Kermit. A landscape plan shall be submitted
and 2.
58- All parking areas shall be surfaced "ith asphalt or concrete and shall include adequate
provisions for drainage, striping and apprornat. why t,l blacks, curbs, or posts in parking areas adjacent
to landscaped areas
59. The landscape architect shall certifv in - `r1fing that the landscape
a and imgation system was
installed in accordance with the pproved Land ,cape° and 'Lrrigation Plans.
60. DELETED
61. No use for which this permit is granted shall be commenced with until a Certificate of
Occupancy has been issued by the Building ,end 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 anv e term or provision of this
agreement, The City Council may by resolution ,ieclare the surety forfeit('-d. Upon completion of the
required improvements to the satisfaction of the [ hector of Community Development.
62. Prior to initial tenant occupancy and any su)sequent change in tenant occupancy, the owner of the
subject building, or the owners representative, sl, ill apply f +)r a zoning clearance from the Community
Development Department.
63. DELETED
64. At the time water service connection is rn:�de for each project, cross connection control devices
shall be installed for the water system in accc)rc ance with the requirements of the Ventura County
Environmental Health Department.
AFTER ISSUANCE OF A CERTIFICATE Oh r �CC'IJPANCY, THE FOLLOWING CONDITIONS
SHALL BE APPLICABLE:
65. No later than ten(10) days after any chan.;e of property ownership or change of lessee(s) or
operator(s) of the subject building, there shall he Sled with the Director of Community Development
the name(s) and address(es) of the new owners) lessee(s) or operator(s) together with a letter from
any such person(s) acknowledging and agreeing In ;,n,F.ly with all conditions of these permits.
b6. Inc' continued in,] if) tenar)ce of the l�c�rs1,
inspection by the City. The permittee shall Ix�
indicated by the Department c')f Community:
Landscaping installed 'rs a ion iitir,n of appro. "i
owncr(s) of the subje(t c, unrnercicl tfeyeloprner�_
,rrc•a and facilities shall he subject to periodic
d to rcmtdy anv defects in ""round maintenance, a
l�,l rnent within five (5) days after 11otiticat7o11.
t "liall'.�e conhnuallV maintained by the,
67• Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of
hazardous materials, a Major Modification approval shall be required.
68• The striping for parking spaces and loading bays shall be maintained so that it remains clearly
visible.
69. No outside storage of any materials, ovr. might parking of any vehicles in the parking lot, or
overnight parking of any semi - trucks or truck tri lers beyond the loading zone shall be permitted.
70. Except for gasoline deliveries, loading anc unloadinkr operations shall not be conducted betty
the hours of 10.-00 p.m. and 6:00 a.m. between
71. All restaurants, bars and taverns shall clo,4..� no later than 1:00 a.m.
72. There shall be no auto service other t,ha: the gas sales and the car wash at this commercial
center.
73. No noxious odors which would impact the adjacent development shall be generated from any use
on the subject site.
74. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5)
days from written notification by the City , Moorpark. All such graffiti removal shall be
accomplished to the satisfaction of the City.
75. Yards, parking areas and other open uses ,.,n the site shall be maintained in a neat and orderly
manner at all times. No exterior storage of any kirld is permitted.
76• All uses shall conduct business inside a building except gasoline and carwash service. No outside
display of goods is permitted. Sidewalk safes rc�aluire appr,wal of a temporary use permit from the
Department of Community Development.
77. If in the future, any use or uses are contemplated on the site differing from that specified in the
zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant
shall file a project description prior to the initiation of the use. A review by the Director of Community
Development will be conducted to determine if the proposed use is compatible with the CPD Zone and
the terms and conditions of this permit. Said revu w will be conducted at no charge and an approval
letter sent, unless a minor or major modification to he Plannc�t Development is required, in which case
all applicable fees and procedures shall apply,
78. All exterior eating and seating areas ';hal be accomplished with the approval of a minor
modification approval process.
79. No shopping carts or merchandise shall he cored in atly pedestrian walkway areas including
the exterior area in front of the proposed major n ,irket. A .idewalk sale shall require Communit
Development Department approval of a temporary ,e �- m�rrrnit
Y
CITY ENGINEER'S CONDITIONS - CPD 89 I. (Macl, od) and CPD 89 -2 (Ventura Pacific)
PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
80. a• The applicant sha i recorc! a parcel map(s) encompassing CPD
89 -1 and CPD 89 -? nd a'1 :onditions of approval.
b. Prior to final at; approval or first building permit
(whichever is fir,-.), the applicant shall deposit with the
City a contributon for the Los Angeles Avenue Area of
Contribution. The actual jeposit shall be the then current
Los Angeles Avenuc Area of Contribution rate.
81. The applicant shall subr t to tlh� City for review and approval,
grading plan prepared by a registered civil engineer; shall obtain
a grading permit; and
completion. ,ail post sufficient surety guaranteeing
Cut or I ;lOPP'; shall be no steeper than 2:1
(horizontal:vertical).
At the applicant's reque,;:, Cw staged grading plan can be submitted
for City Engineer review and approval.
An erosion control plan call be submitted for review and approval
if any grading is to occur, between October 15 and April 15. long
with erosion control mea ores, h,,droseeding of all graded slopes
shall be required withi-1 0 days ,f completion of grading.
All haul routes shall t�e apVoveo by the City Engineer. On -site
haul routes shall be 1ir'1 i (I wo graded areas only.
82. The applicant shall submi
detailed soils and
to the City for review and approval,
geotechnic:ai
engineer and a geotechnic
a
report prepared by both a civil
I
California. The report sr,:►ll
engi7,eer registered with the State of
incJ
with regard to liquefac*I
ude a geotechnical investigation
n, expansive
The grading plan shall
soils, and seismic safety.
approved soils report,
ccrpori: e the recommendations of the
of the soils ►r
geotechnical consultan -.
geote hnical report by the City's
a,,,,
so, the applicant shal' c
1w required by the City Engineer. If
the City's administrat;
mburse he City for all costs including
t,,
83. The applicart shall sut)rii
to the City for review
street improvement plar;s ;
shall
and approval,
epared >y a registered civil
enter into an lc r.
impre'.ements; and shall
engineer;
mint, with the City to complete the
construction of the
i ,uf° °dent suret Y guaranteeing the
m ,
I
acqu i, it i on necessary t,a
�� en nT.. Any necessary right- of -wav
t
acquired �)y "he app] ic<< 1'
�� � r �� e required improvements will 1e
�
, , p n > . <10
k.
The improvements shall in lude concrete curb and gutter, sidewalk,
street lights, traffic ignals, striping and signing, traffic
control, paving, and any necessary transitions to the satisfaction
of the City Engineer. Ai; 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 Avenu(: per Plate B -2A, modified north of
centerline to have 1:9 feet of right -of -way, 51 foot pavement
width and a 6 foot ,idewaik. The sidewalk shall be located
within the landscaped area in a pedestrian easement as
necessary. Applicant snail construct improvements north of
the centerline acro -1 the fr:f)ntage of the project.
Applicant shall also: construct sufficient roadway widening
along the south sid,? to permit restriping for a westbound
auxiliary lane acros> 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 anc approval, after which they will be
submitted to Caltran, for review and approval. If Caltrans
will not approve the ,)relimindry plans, the preliminary plans
y shall be returned 'o (J ty Council for consideration of
alternative improvemrnts
Any direct expenses I,acurred 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 )f Los Angeles Avenue to reimoburse 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 ,aid agreement. The agreement will be
prepared by the i' "ity Attorney, subject to review b
applicant. The apps is ;nt hi;l1 pay the Cit Y the
to prepare the agr,.f'Mv. t y,s legal expenses
The applicant shall Mako an irr(,vocable offer of dedication of
an additional 9 feet across the frontage of the project. The
city may, in the futur Elect to accept this dedication to
provide for constru��r�n of additional improvements.
The applicant shall de,ign the rnain driveway project entrance
between Park Lane and ( berty Be] I Road to provide one inbound
lane and one outbouno one lire required Los Angeles Avenue
improvements shall r' rest.riping to provide a striped
island in the vicinity of this lriveway, thereby prohibiting
loft turns in or out
thF dr ,eway
In conjunction with 0 l r Los Angeles Avenue improvements,
necessary transitions hall be designed and
all
satisfaction of the
improvements
City Engineer and
constructed to
Caltrans.
the
Any
constructed
Area ^f Contribution
by the City with
Los Angeles Avenue
responsibility of the
funds that would
applicant shall be
normally be
offset by
the
applicant contribution
Contribution fund.
he Los Angeles
special
Avenue area
of
b. Liberty Bell Road per ='late B -31> and shall be designed and
constructed to align gith the ultimate Liberty Bell Road
alignment south of Los °,ngeles Avenue. The Liberty Bell Road
Los Angeles Avenge intE:,r-section must be designed and
constructed to provide �or 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 Although it is intended that the
concept shown on this figure be implemented, it is understood
that final plan detail,, su(j, a� transition design may vary
from that shown in thr, ^igure
C. Lassen Avenue per Pl t.. B
modified to have 56 feet of
right -of -way to match `he existing, previously dedicated,
alignment per Parcel Map No. 3781 on the easterly portion of
the project site. Lasse; Avenue shall have a 6 foot sidewalk
and 4 foot landscaped area on the south side, within the 8
foot partway area and a 2 foot landscape and
pedestrian
easement. All improvements south of centerline plus 12feet
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. Landscapini and irrigation shall be installed
along the easement area letween the school district property
and future Lassen Avenue The 1<:Indscaping shall be designed
and constructed to ":tit s i +, i <y f_,' "Iction of the Director of
Community Development 11 nc>cessary transitions shall be
constructed to the scat, a(tion of the City Engineer.
only connection of La,�s.r Avenue 'o o Sierra Avenue shall be The
the form of an unpaved tm +roenc in
Y «access easement area west of
Liberty Bell Road. This 1:sr.ment shall be to the satisfaction
of the City Engineer, tt, Direactol` of Community Development,
the Sheriff's Departme n Ir d the Fire Department. The
connection of Lassen Are n tc tit;, rty Bell Avenue shall be in
the form of a knuckle l,.r tv atinddrd
d Although not a re ui re, r, -r
for future reference th,,r �any' t� future elstreet intersecting
Lassen Avenue in the v t4. of tie traffic circle servicing
the pr °oposed office hu l i t�,;r of f.0,�erty r'ell Road steal1
not t;e r;rff %ot. from
J
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 andscape 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 ana constructed in accordance with Plate B -3D,
modified to have 6�, foot right -of -way width, 49 foot pavement
width, 6 foot land: >caped area and 6 foot sidewalk within the
8 foot parkway area and a 4 foot pedestrian easement. 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 'ingeles Avenue intersection includes one
southbound right t.irn lane, one southbound through lane, one
southbound left turn lane, and one northbound through lane.
To the greatest, extent practicable, Park Lane improvements
nc-th of Los Angeles Avenue shall align with ultimate
improvements sough 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 an,y project driveway may be within 150 feet of
the nearest curb prolongation of an adjacent intersection.
g. The applicant shal construct the necessary improvements to
provide Class II L cycle lanes (5 feet wide) along Liberty
Bell Road per the C rculation Element of the Moorpark General
Plan„
h. The applicant shall be responsible for all maintenance of the
Public sidewalks nd landscaped parkways on Los Angeles
Avenue, Liberty E;e1 Road, Park Lane and Lassen Avenue.
i. The applicant shal agree to provide the necessary public
maintenance easements for the landscaped areas along and
adjacent to Los Anc, - =les Avenue, Park Lane, Lassen Avenue and
Liberty Bell Roac1, The applicant shall also not oppose the
formation of a an(' cape maintenance assessment district, if
and when created � e (it
84. The applicant shall �nstrate for each building pad to the
satisfaction of the C,t s follews:
a. Adequate protects r from 100 -year frequency storm;
b. Feasible access ( r nc; 3 10 year frequency storm.
85. The applicant shall su+ m
drainage plans, hydrol;ci .
registered civil engini)N,r
City to complete the i iii,r
guaranteeing the const r is
Plans and _alculatior-,
before and ifter Jeve' r
t to tho City for review and approval,
arw hyd -aulic calculations prepared by a
shall onter into an agreement with the
Jemont.s and shall post sufficient surety
itr of the improvements. The drainage
inCicate the following conditions
t
The Hydrology /Hydraulic i- eport and Hydraulic Plans shall address the
entire project includirrcr the prcposed RPD and the following:
• No flows from a 5 year norm shall flow from this project
onto Los Angeles A nuf, or' to the existing tract (Tract 1240)
to the west.
• The required storm
'rain improvements required to pick up off -
site storm water
:ncdl c:arr/ it to its final disposal from
Poindexter Avenue,
IcFadden Avenue, Cornette Avenue and Park
Lane as identifies!
by the City of Moorpark Master Drainage
Study, shall be
esigned and constructed. (Note: The
applicant has prop!sed
directing storm water from Poindexter
Avenue directly int:)the
Walnut Canyon drain as an alternative
to carry this sl.orr,
water across the site. It is emphasized
that this alternat
ve will require permits from the Ventura
County Flood Contr-
i District, Southern Pacific Railroad and
City of Moorpark.
his alternative can be considered, but all
plans and permit%
ist be completed prior to approval of the
final map.)
• The storm drain al
jng Los Angeles Avenue shall be extended
from its full size
'ermines to connect to the existing 54" RCP
east of Shasta Avnue.
>hould the existing storm drain
between Shasta Avem:e
and the Arroyo Simi require enlargement,
the City shall r-
mburse the applicant for one -half the
construction cos4 .)
a max °num of 5100,000.
• The on -site dra,rn,::ie
system shall be designed to provide
retention such tha
10 yea- flows after development do not
exceed existing 10
; /ear flows. This condition can be waived
if the Moorpark Avenue
storm drain is funded by the City of
Moorpark and con �t,_ict:'on
, permitted by Caltrans.
• This study shay ir,
lyze the hydraulic capacity of the Shasta
Drain to the Arro,,(
,imi with and without the Moorpark Avenue
storm drain connii�� :
)r'
Quantities of water, wate, f'cw rates, major watercourses, drainage
areas and patterns, di�iE ;ions, ollection systems, flood hazard
areas, sumps and drain &,, -curse Hydrology shall be per current
Ventura County Standa ! <ci_�t follows:
• all catch basir amp rcations shall carry a 50 -year
frequency storm
•
all catch basin, c,r t. inu rus grades ,hall carry a 10 -year
storm;
• all catch basin. iri ,cmp c ndition shall be sized such that
depth of water I�,. r equal the depth of the approach
flow,:
• all culverts sh,i'ii irr/ d 100 -year frequency storm;
i
• drainage facilities shall be provided such that surface flows
are intercepted anc, contained prior to entering collector or
secondary roadways
• under a 10 -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 pos ible.
• Drainage to adjac� -nt parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitiga":e storm water flows shall be provided by
the applicant.
• All drainage grate.,, shall be designed and constructed with
provisions to provide adequate bicycle safety to the
satisfaction of tie City Engineer.
86. The applicant shall demon,trate legal access for each parcel to the
satisfaction of the Cit✓
87. The applicant shall indicate in writing to the City the disposition
of any water wells) 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 begin properly sealed, they must be destroyed
per Ventura County Ordina,sce No. ?372 and per Division of Oil and
Gas requirements.
88. If any of the improveme; -ts
which the applicant is required to
construct or install is t+_;
which the applicant does
be constructed or installed upon land in
;ot
such
have title or interest sufficient for
purposes, the applicant
shall do all of the following at least
60 days prior to the fil inq
of the final or parcel map for approval
pursuant to Government Cote
Section 66457.
a. Notify the City in writing
that the applicant wishes the City
to acquire an inter
st in the land which As sufficient for
such purposes as p),co
ided in Government Code Section 66462.5;
b. Supply the City witl
( � ) a legal description of the interest
to be acquired, (ii
a map or diagram of the interest to be
acquired suffici(,rr,
(e) of Section I5;?.
,utisfy the requirements of subdivision
C )f the Code of Civil Procedure, (iii)
a current apprai-�a'
by the City which t >xr
sport prepared by an appraiser approved
r-esses
market value of
in opinion as to the current fair
interest to be acquired, and (iv) a
current Litigatir�, i
arantee Report;
C. Enter into an agrk�ern
deposits
it with the City, guaranteed by such cash
or other ,
to which the
urity a,, the City may require, pursuant
apps',
(including, withau'
in, wil'' pay all of the City's cost
mi at. attorney's fees and overhead
expensos) of acgrii,I
, jcri n interest in the land.
89. The applicant shall pay all energy costs associated with street
lighting for a period of )ne year from the initial energizing of the
street lights.
90. The applicant shall exe-ut.e 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 inc',iding, : ut not limited to, the payment of
traffic mitigation fees, whi n the City may implement or adopt, and
public street and traffic improvements directly or indirectly
affected by the developm -0.
91. The applicant shall Frost, sufficient surety guaranteeing completion
of all improvements whi(h revert. to the City (i.e., landscaping,
parks, fencing, etc., or, which require removal (i.e., model homes,
temporary debris basin , etc.)
92. Applicant shall post sutfic.ent. surety for the installation of a
traffic signal at the inlersection of Los Angeles Avenue - Liberty
Bell Road. The applicant will be eligible to receive reimbursement
from the Los Angeles Aven.ie Area of Contribution of up to $65,000 or
50 percent of the constr yti,)n expenses, whichever is less.
93. The applicant shall post >ufric:i�nt surety for the installation of
a traffic signal at thy= nters�c'ion of Los Angeles Avenue - Park
Lane.
94. The applicant shall na,e d special contribution to the City
representing the appli�int's
improvements
prorata share of the costs of
to the f rl l
zinc. nt. rrsections:
• Poindexter Avenue
Moorpark Avenue
minimum contribi..jtk o
of S1t ,800.
• Los Angeles Avenue
Labbey Road
minimum contribut
rf 1,1 200.
• Los Angeles Avenuo
Moorpark Avenue
minimum contribut c
(f 528 500.
• Spring Road - New t
1n9e iirs Avenue
minimum contribut
cf 500.
To determine final Gror ted o,ts of these improvements, the
applicant shall first prepare conf.eptual plans to the satisfaction
Of the City Engineer. -the ;)ror•ata "hare shall be developed based on
the incremental traffif, r(j �eci by t e project, and shall be approved
by the City Council V; t r ,,,_,,nu n <a clearance. The contribution
shall then be paid to �r� r �� zoning clearance.
c- Lassen Avenue per 413te 8
right of way to
5A, modified to have 5e feet or
rratctr the
alignment per Parcul Map ti,_.,
cXist rny, previously dedicated,
3181
on the easterly portion or
the project site. iassen Aryrenue shall have a e foot
and 4 foot landscaped area
foot parkway area
sidewalk
on the south side, within the 8
and a
easement. All improvements
1 foot landscape and pedestrian
north of centerline snail be
south of centerline plus 12 feet
necessary ;i,all
�_Onstructed. In addition, all
of the City Engi
Enyi lt_-er "'t� only
,e constructed to the satisfaction
Sierra Avenue shall be iii
all
connection of Lassen Avenue to
the
access easement area west it
shall
form of an unpaved emergency
Liberty Bell Road. This
be to the nd tlsfaction
Director of Communr.y bevelrpment,
easement
of the City Engineer, the
and the Fire Departii:ent ire
the Sheriff's Department
Liberty Bell Avenue h:: i i
connection of Lassen Avenue to
��.
standard.
In the form of a knuckle per Ci ty
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 huiljiu,, east of Liberty Bell Road shall
not be offset from i �e UK, nc circle.
e- Park !.ane per Plate r
28 foot right- ofw,y„
sD mOO ified west of centerline to have
landscaped area and �.
20 foot pavement width, o
foot sidewalk
area and a 4 foot lar�.ts�_.ap�
within the 8 foot parkway
,ind pedestrian
portion of Park in,
prolongation
easement; with the
t cite 1 within 150 feet north
,Prolongation or tru
designed and
of the
""he" rignt- of-way of Los Angeles
;n.tru;_t M in accordance with Plate B -3D,
modified to have 65 r
width, o foot landsc,ped
OL right -of -way width, 49 foot pavement
area
8 foot parkway area
and 6 foot sidewalk within the
,nA a 4 foot
necessary transition,
pedestrian easement. All
Adi Li designed
satisfaction of the
and constructed to the
Z,ty
The anticipated lane
configuration on P,rk lane at the
intersection include_
Los Angeles Avenue
ne - uthbound right turn
southbound throuyt;, l,,ie,
lane, one
one southbound left
one northbound Or
turn lane, and
practicable, Park ,
al , fo the greatest extent
e r0r�pri vements north
,venue shall al iyn w.
or Los Anc }eles
t ui l i.�ate
-; ngele� Avenue. iE.a
:�,
improvements south of L6,s
u
t, _ Park i
Aster section must :,
ane Los Angeles Avenue
and
tngineer' prior to c�
approved by the C i t y
1..t
of -way on �
the �na
u that the dedicat i on or right
„i
dedication.
n the rtl t imatr right-Of-Way
f No portion or any
;���a, t �i
i'away 'hay be within ISO feet
c ; .orb P!
�r
�i ,( all 0d]ucWt Inter �UQ WW
thy• ntrcessar y irnproveiucnt, t�
ur teuL
r, i ( itu.:d per the r
wrde) ;,luny 1 ib�_rt;
t �.,�� lament of the Moorpark General
52. The applicant shall e: <crtr �� . ,,versant running with the I and on
behalf of itself and I heirs, and assigns agreeing to
participate I the ruura rrri f an assessment district or• other
financing technigue inc t,,,, t Trot I invited to, the payment of
traffic ititiyatiun re��,, .a, 1.;, I, h.: �:rty +,Iay implement ur skit
pub) rc strt.ct ,I nd tr s1 r aril
iui_r l i rec t I
e;t by t11e It�vei.,�i�,.. y ur ir,�ilr�ctiy
53. The applicant shall post Irrir,;;t surety guaranteeing completion
of al i improvements �,rr r r�� �t�,�t to the City [
parks Y (i.e., landscaping,
tel►&bri �_tC. j LJr uil, 1 , -t t;Urre removal (i.e., fuGdel hGmes,
temporary dt_t,ris basin <,
APPI rCant shal I post ,,r: IC i ,nc urety for the installation of a
traffic signal at the int�rs�;.tic,ar of Los Angeles Avenue - Liberty
Bell Road_ The applicant ,uay be titled to receive reimbursement
from the Los Angeles Avenr,- rr ea „� Contribution of up to ;c5 000 or
�0 percent of the cons r L t io a ,�,enaes, whichever is less.
55. The applicant shall poi ;', JrriLr,�,,t surety for the installation of
a traffic signal at tree. t�r.t It,n or t_os Angeles Avenue - Park
Lane..
56. The applicant shall m31
represent iny the appl,
r flip rcvculent'.1- t o t he r('
Poindexter Avenu��.
Los Angeles Avenue_
• Los Angeles Avenu,�
Spring Road - llew
a �p cial contribution to the City
t }., orsta share or the co;t; ur
t ions:
1o,,,p�r� - avenue
G �i,ber C Road
t1 ,,,r,, k Avenue
Avenue
fo determine the 1_o,:, :h� se improvements,
r list prepare Cun(_� F. ,,, I r l t s to the the appl icsnt sh�i
i;;y ineer. ff1e sat i Bract iun ur
�'`` r� shill be developed based
Increnlurtal Lr-aff1� 1�_,J 1,
the City Council y tie pimeet, and shall bey
fil i,;� t .+ .. � c. appr'oVCJ i..
Iilrn t( pdrd tG t.ltIVU� �;�c:sl�drrC`' the CUntr Ulluil
” 1 it [ !unlny LIearant:e
ITIOR I OCC,1PANCY, IIIE Fi)I l h!Ilih (rIIJI i i(41S �iIP,1 t_ BE SATISFIED:
5- Z The Los Angeles Avenue - liberty BelI avenue traffic signal shall be
operational
prior to any occca)an,y
fr this project.
The Los Angeles Avenue
constructed by the apps icarit
l.,rre traffic signal shall be
,
square Foot and shall be ��1�
,i.a,�
It i rila
to the occupancy of the 1cO,OOOth
i i i
construction of this siyn "l
iict
alipl-oved by Ca I trans . I f
ailoved by Caltrans at the
of the applicant's reques(.
deposit 12S% of the total
rur
time
c itpancy, the applicant shall
t °st!.iattd
The required bond for this
it M
ct�tstruction cost with the City.
deposit as provided to the
icy
be exonerated if the cash
include assaciattd engiic�t
i1�ts construction cast shall
jnAr- action
administration costs. (i
inspection and
applicant from coil structanal
,tc
�I >u;it does not relieve the
ynaI. the
construct the signal upon a-i.;t
applicant shall
i1 trans
permission to do so.
S9. All street and storm drain Iric;rovemen s shall be constructed prior
to first occupancy. Ii i Ill of - bray acquisition or Caltrans
Pei-mission can not be ut) i ri cI,d, the applicant can request
construction deferment on t'1 e 9 rtl3[1S of construction from the
City Council.
PRI(lit Ill ACCEPTAIICE OF PUBLIC 111PROVEI1EI+i "1t1 ;��I[) EXOI1ERAlIO11, THE FOLIOtJI11G
( (1I1(1I 1 I 011 SHAI I. BE SAI I SF If I):
60. Sufficient surety guarantec,i,I the luhiic improvements shall be
provided_ the surety shalll t uric it pl.3ce for one year folio% ring
acceptance by the City Courr
R�� r in itici ?ti ni rink; Prior to zoning c(earas (e, the opi'licant shall submit public improvement
plans for review and a [,proval by the City E11i;i::A a;ld ( al° ails.
M. POPULATION /HOUSIN, : MITIGATION MEASURES
NON
N. HEIALTH HAZARDS ;till I IGATIO N MEASURES
NO\
MITIGATION_?NIO;NI_TORING INDEX
TABLE.
,%IISSION BE={,l 'LAZA
( I'D 89 -1, 89 -2
N(')V MBER 7,1990
MITIGATION
IMPLEMENTATION f= v[ )RCi:%1EI!
". "T MONITORING
MEASURES
FEE
;ENC'1'
II- {ASi:
REQUIRED
I
Applicant
Cih I• rgincer
�
2
Applicant
City Irrgineer
`
A
r
I� o
3
Applicant
City I ,sneer
C
No
4
Applicant
Cwty E q, C'l-J )
A,C
No
5
Applicant
CE,Iris ,A PC_ L)
L
No
6
Applicant
City Er gine+,r
C
No
�
Applicant
City Er gineoT
A,C
No
8
Applicant
CE„ ,v C
C
No
9
Applicant
CI":, .Al D
C
No
10
Applicant
Cf:, AI` D
A
No
11
Applicant
City E r, ,rnotr
C
No
12
Applicant
C,tv r:T> inocr
C
No
13
- Applicant
CDI>
1,B,D
No
14
Applicant
CEA)
A
No
15
Applicant
CDD
No
16
Applicant
Citv 1 m
A
B
No
17
Applicant
CDC)
Yes
18
Applicant
City In, nr,.'r
A
C
Yes
19
- Npplicant
City In: nc+ r
C
No
20
Applicant
City Inl,� )(, r
C
No
21
Applicant
C D) I
No
2-1
Applicant
Citv i u, �,cr-r
E3
B
No
2.3
Applicant licant
Insp2r G,
No
2 "3
Applicant
Clty i'.I - .t-cr
3, D
No
l_
No
tY
f.
No
27
:11�hlrc.rnt
(E
No
28
Applicant
CUI?
!
No
2c)
li
No
I
1, 17
No
30
Applicant
( DO 'itv Insp.
A,1)
"yo
31
Applicant
(--'I) itv Insp.
A,D
No
32
Applicant
CDD, 'ity Insp.
A, D
No
33
Applicant
All ( y Staff
. , 1-1,
34
Applicant
All t. v ';1aff
,
A, B
No
35
'applicant
Ails: '-tatt
A, B
^10
36
Applicant
All ;:ritaft
A,B
No
37
Applicant
A I CI: v Staff
A,B
No
38
Applicant
All '' ,r `'taff
A, B
No
39
Applicant
C':�I
B
Yes
40
Applicant
City Ergineiyr
q B
Yes /No
41
Applicant
City Er,g;ineer
q, B
No
42
Applicant
CE,(: L)!)S altran,
A, g
No
43
Applicant
CDU, (r =:
A, B
44
Applicant
CDC s ;A,
No
B
No
45
Applicant
CDC) K
Al B
No
46
Applicant
CE)iD r
A, B
47
Applicant
CE,
A, B
No
48
r"pPlIcant
CI:II'
A
No
49
Applicant
CUD 1� ig Insp
A
No
50
applicant
CDI)
No
A
No
51
Applicant
CE, ( Di ),Caltrans
A
52
Applicant
CE, (DI ),Caltrans
q
No
53
Applicant
CE, C D( ),Caltrans
A
No
54
Applicant
CE, ( DI J,Caltrans
A
No
55
applicant
CE,i 1K. C.il,rans
A
No
56
Applicant
CE, (' )i Cad-raw,
No
57
,Applicant
CE, ( )! (�jrran5
.A
q
No
No
5E
Applicant
CE, ( ). C,IIrans
A
59
Applicant
C )i !',,Itrar,s
A
No
6
" Pllc.lnt
No
A =
Prior Zoning Clearan;.
B =
Prior OCcu,Mncy
C =
During Construction
Ph,�sP
D =
Post- OcCU,Dnf -(;y
I
RESOLUTION NO. 90 - -722
A RESOLUTION OF THE CI`Y COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA APPROVING COMMERCIAL
PLANNED DEVELOPMENT :PERMITS NOS. CPD -89 -1 & 2
FOR '_MISSION BELL PLAZA. (APPLICANTS: MACLEOD
CONSTRUCTION COMPANY AND VENTURA PACIFIC
CAPITAL COMPANY)
WHEREAS, at duly noticed public hearings on July 25,
August 1, August 15, September 111 and October 17, 1990, the City
Council considered the applications filed by Ventura Pacific
Capital Company and Macleod Construction Company requesting
approval of Commercial Planned Development Permits Nos. CPD -89 -1 &
2 for the construction and operation of medical /office /senior care
facilities, day -care center and retail commercial uses, on
properties located north of Los Angeles Avenue, south of the
proposed Lassen Avenue extension, west of Park Lane, and east of an
existing residential neighborhood in the City of Moorpark (Assessor
Parcel Nos. 511- 080 -195, - 205, -2 5, -245, -255, -265, -315, -325,
and -327); and
WHEREAS, the proposed project: is compatible with the
objects, policies and goals speciF _ed in the Moorpark General Plan;
and
WHEREAS, at its meeting_,. of Ju -Ly 25, August 1, August 15
September 19, and October 17, .9 )0, the. City Council opened the
public hearing and took testimony - -rom all those wishing to testify
and then closed the public hearin; on October 17, 1990; and
WHEREAS, the City Council after review and consideration
of the information contained in -.he Staff Report dated July 25,
1990 and the Draft and Final En,.,ir.onmental Impact Report (EIR)
prepared for the proposed projer-r has rf,ached a decision on this
matter; and
WHEREAS, on October 1. , 1990, the City Council directed
staff to prepare a resolution rpproving the Lower Commercial
component of CPD -89 -1 & 2, as shown on Exhibit A (site plan and
elevations) which is attached F tc ancf :incorporated herein by
this reference.
NOW, THEREFORE, THE C I(TY
CALIFORNIA DOES RESOLVE AS FOLL,;)147
SECTION 1. The
contained in the City Council
which is incorporated herein b,.,
fully set forth.
'OUNCII_, OF THE CITY OF MOORPARK,
_ouncil adopts the findings
f Report dated July 25, 1990,
fry -enc°• in Exhibit B as though
95. The applicant shall offer, to dedicate to the City of Moorpark for
public use, all right of -qay for ,public streets.
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 prodding public safety, health and welfare.
97. The applicant shall offe- to dedicate to the City of Moorpark,
public service easement s required.
98. The applicant shall dedicate to the City of Moorpark the access
rights adjacent to Los Angeles Avenue, Lassen Avenue, Park Lane and
Liberty Bell Road except 'or approved access roads.
99. Lot to lot drainage easements and secondary drainage easements shall
be delineated on the fina' map(s). Assurance shall be provided to
the City that these easements well be adequately maintained by
property owners to safely convey storm water flows.
100. a. The applicant shall provide a reciprocal access agreement as
necessary to permit access between CPD 89 -1, CPD 89 -2 and the
parcel abutting the gesterl), project boundary and Los Angeles
Avenue.
b. The applicant shal] agree to participate in creating a vehicle
connection with the Town Center Mall (located to the east).
Applicant shall not iithhold any necessary reciprocal access
agreement to accorplish this vehicle connection. This
condition shall riot affect the approved site plan under the
CPD 89 -1 and CPD 89 2 entit'ements without mutual agreement
between the app] c i, , Ircw th., City.
DURING CONSTRUCTION, THE FOLLOWINC (JNDITIONS 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 approor atc Agencies.
102. If any hazardous wast_� s Encountered during the construction of
this project, all wont <. -all be immediately stopped and the Ventura
County Environmental tie :lth Department, the Fire Department, the
Sheriff's Department, ar:d the City Construction Observer shall be
notified immediately, pork shall not proceed until clearance has
been issued by all of .1,3sc, agert ies.
103. Where roads are to be bu
applicant shall
It requiring 4 or more inches of pavement,
construc
of
the required street section minus 1 -inch
paving as an in1, r
trenching is completed
m condition until all utility cuts or
The final
Placed after all neces,.a
1 -inch cap of asphalt shall be
y trenching is completed.
104. Construction activities
(ate noise making activity including the
operation or movement of
hours of 7:00
equipment) shall be limited to only the
a.m, to 7;C)
to 7:00 p.m. on Saturday
p.m. Monday through Friday and 9:00 a.m.
No jots
or after these hours and
site activity shall occur before
lot at ,l1 on Sunday and Holidays.
105. The applicant shall uli
(including a 6 foot high
rze all prudent and reasonable measures
hain
perimeter) to prevent r
link fence around the entire project
uthoriz,d from
site at any time an +1 t
injury.
persons entering the work
orole( the public from accidents and
,perat.;;nal
if approved by Caltrans. If
PRIOR TO OCCUPANCY, THE FOLLOWING t )t, i1 -10taS )'HALL BE SATISFIED:
106. If the land is in a speci
notify all potential buvf,
it flood
hazard area, the applicant shall
s of th
s condition.
107. The Los Angeles Avenue
berty 13(,11
Avenue traffic signal shall be
operational prior to
uoa11c
for this project.
108. The Los Angeles Avenu,
-)ark
Lane traffic signal shall be
constructed by the app! i, : :i
square foot or when it
t prior
to the occupancy of the 100,000th
m
comes first) and shall
s estaL
ished signal warrants (whichever
e
construction of this �,��<n
,perat.;;nal
if approved by Caltrans. If
of the applicant's
i; tl(0
allowed by Caltrans at the time
r.�,,_;.
depo it. 125 °� of the tots.
t f
t�nir�.;
occupancy, the appl icant shal l
The --,qu ; re.l bond for
c—istrLlCtion cost with the City.
deposit js provided
na
� an be exonerated if the cash
,�
ncl�.�re associated
y
This construction cost shall
admin1strat.on costs.
,s,i
construction inspection and
deposit does not relieve the
applicant trom constr-
q t
gnal. The applicant sh,311
ccn <t -± I.i,;na'
(_31tranl; permission to do �,c.
109. All street and storm dra n improvements shall be constructed prior
to first occupancy, f right -of -way acquisition or Caltrans
permission can not big obtained, the applicant can request
construction deferment }:hose portions of construction from the
City Council.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROV,MENTS AND BOND EXCVERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
110. a. Sufficient surety - ;uaranteeing the public improvements shall
be provided. The urety shall remain in place for one year
following acceptan..e by the City Council.
b. Any surety bonds that are in effect three years after final
map approval or of °er 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 ^anner each year thereafter.
M. 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. Althoagh grading plans may have been submitted
for checking and construe °ion on sheets larger than 22" X 36 ", they
must be resubmitted as ",�. bcilts' in a series of 22" X 36" mylars
(made with proper overl,.ps) with a title block on each sheet.
Submission of "as -buil ' ; an, s required before a final inspection
will be scheduled.
112. Reproducible centerline ' e heet shall be submitted to the City
Engineer's office.
113. The applicant shall fila for a time extension with the City
Engineer's office at least six weeks in advance of expiration of the
agreement to construct sut:iiv?sion improvements. The fees required
will be in conformance wi h t+ie applicable ordinance section.
FOLOISM64WIMM Ke s . Iru .r s r
DURING CONSTRUCTION THE FOLLOIVIN( 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 �W, H try vc`)uCi.e or pedestrian.
115. Landscaping (trees) shall not be place +l unti,,r any overhead lighting which could cause
a loss of light at ground level
116. All entrance /exit driveways shall be a rni� rmuzz of :0 feet in width.
117. For the commercial project, all exterior d(x rs shall be constructed of solid wood core, a minimum
of 1 and 3/4- inches thick, or of metal construe )n 1 = -Ont glass doors commonly used for entry are
acceptable but should be visible to the street.
118. Doors utilizing a cylinder lock shall ha,,, a minimum five (5) pin tumbler operation with the
locking bar or bolt extending into the receiving gu de a minimum of 1 -inch deadbolt.
119. Address shall be clearly visible to app aching; emergency vehicles and shall be mounted
against a contrasting color.
120. There shall not be any easy exterior aced, to the roof area, i.e., ladders, trees, high walls, etc.
121. If an alarm system is used, it shall be wtr 3 'o all extenor doors and windows and to any roof
vents or other openings where access may be rnod�
122• Upon occupancy by the owner or propric or, each single unit in the development, constructed
under the same general plan, shall have locks usu 4 combinations which are interchange free from locks
used in all other separate proprietorship or ccupancies.
VENTURA QQUNTY FIRE DEPARTMENT C(11, I )ITJQNS
PRIOR TO THE ISSUANCE OF A ZONING CLI RAN('E, '[ IiE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
123. Any structure greater than 5,000 square te(
provided wit an automatic fire sprinkler system r
If the building is to be protected by an autorn,a
payment for plan check, to the Ventura Count}- 13+.
124. The applicant shall submit plans to the v,
of the location of fire hydrants. All existinr, n
shown on the plan.
in area and /or five miles from a fire station shall be
accordan(e with Ventura County Ordinance No. 14.
is ^,prinkl(r system, plans shall be submitted, with
I'm Prevention for review and approval.
tur; t� OW tv Bureau of Fire Protection for approval
3W feet of the development must be
125. building plans of all A, F, I and I I occr �ubmtitted to the Ventura County I3ureau
of Fire Prevention for flan check.
120. The applicant shall submit two site place t'. << ` +,'��r,- r.r i_�uunty Bureau of Fire Prevention fur
approval of the locatii�n of fire lanes.
PRIOR TO ISSUANCE OF A IiUILDING Pl: oo IT, 'I HI: I E)LLOWING CONDITIONS SHALL BE
SATISFIED:
lv%,
127• The minimum fire flow required shall e 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. C.iti , n the present plans and information, the required fore
flow is approximately 4,500 gallons per minute il;e applicant shall verify that the water purveyor
can provide the required volume at the proj(x,t
PRIOR TO CONSTRUCTION, THE FOLLOINI\ (; CONDITIONS SHALL APPLY:
128. Access roads shall be a minimum of :1,, • �.rt In width and shall be installed with an all weather
surface, suitable for access by fire department 1;' aratus
129. Fire hydrants shall be installed and n ,ervrce prior to combustible construction and shall
conform to the minimum standards of the Veritur Cnctaty Water Works Manual.
a. Each hydrant shall be a6-inch wet parr, design and shall have one 4 -inch ant two 2 1/2 -inch
outlet(s).
b. The required fire flow shall be achieved ,:t not less than 20 psi residual pressure.
C. Fire hydrants shall be spaced 300 feet ( )n enter, and so located that no structure will be farther
than 150 feet from any one hydrant.
d. Fire hydrants shall be recessed in from tbi curb face 24 inches at center.
130. All grass or bush exposing any structures shall be cleared for distance of 100 feet prior to framing,
according to the Ventura County Weed Abaterrier� Ordinance.
PRIOR TO OCCUPANCY, THE FOLLOWING 0 PNDITIOINS SHALL BE SATISFIED:
131. Trash containers with an individual capa, rty of 1.5 , ubic yards or greater, shall not be stored
within 5 feet of openings, combustible roof eav, liner,, un ess protected by approved automatic fire
sprinklers.
132. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy and shall be
of contrasting color to the background. Whcre stri Fctures are set back more than 250 feet from the street,
larger numbers will be required so that they --e distinguishable from the street. In the event a
structure(s) is(are) not visible from the street, rh. address rrumber(s) shall ber posted adjacent to the
driveway entrance.
133. Fire lanes shall be posted in accordan(e vith (::-alir,)rnia Vehicle Code, Section 22500.1 and
Article 10 of the Uniform Fire Code.
134. F;�-e extinguishers shall be installed it- a( ordance A ith National Fire Protection Association
Pamphlet No. 10. The placement of extingur!;f ci
Fire Prevention. st;al] b Bureau reviewed and approved by the ureau of
VAT RWORKS DISTIL[ , —L-CO 12IUONS
GENERAL REQUIRE- NIENT:
135. The applicant for service shall comply tho 'Ventura County Waterworks District No. ]
"Rules and Regulations" Including all provtslo, of or riiahng to the existing industrial waste
discharge requirements and subsequent addition", i„ thereto.
PRIOR TO ISSUANCE OF A BUILDING PElOvIlT Tlfii FOLLOWING CONDITIONS SHALL BE
SATISFIED:
136. The District shall be allowed to review t ie actecluacy and level of service for the project when
tenant improvements are requested. Addit ial facilities on -site treatment, or other modifications
maybe required as a condition of certain tenant ,provemerts_
�.•it • r� �• I>a. .rr •
PRIOR TO ISSUANCE OF A ZONING CLEAR .NCI:, THI: FOLLOWING CONDITIONS SHALL BE
SATISFIED:
137. Prior to issuance of a zoning clearance for Jhe inauguration of any use in the proposed structure,
such use shall be reviewed and approved by the .'enhtra C.. untv Environmental Health Division.
ACT REPORT ONT)TIIONS
138. The applicant(s) shall obtain a grading permit from the City of Moorpark prior to Zoning
Clearance. All grading operations shall be subje, t to compliance with the Ventura County APCD dust
control measures as enforced by APCD inspectors nd ( ity of 'vtoorpark.
139. Transportation Management Plan - The applicant shall prepare a Transportation Management
Plan (TMP) or similar plan that would reduce tot, protect eniployee commuter trips.
140. Provide On -site Transit Facilities - Tile ,pplicant ,hall provide the following on the project
site: covered and lighted bus stops; bus turnouts; and r >afe pedestrian walkways between structures and
bus stops or to the satisfaction of the Community `evelopme,it Director.
141. Banking Services - Bank- related services . '4uto Teller Machine, Direct Deposit, Check Cashing,
etc.) can be provided on -site in order to reduce rr,i i is tnpl,
142. Off -site Vehicular Traffic Circulation Improvements The applicant should contribute "Area of
Contribution" funds as directed by the City Of 'Moorpark toward the improvement of local vehicular
traffic circulation improvements. Such improvements could include improved signal synchronization
and /or widening of intersections/ roadways. 7 t-iir_ measure i� proposed in order, to improve the flow of
traffic in the City which would reduce congestion and the emassion of air pollutants.
143. Buy Downs - Estimated costs of "buy dowro
estimated emissions associated with the proposcti.
means of reducing erissions by providing fund,nt
not nece-ii„!�arily local, air duality environment,
and ride-sharing should total `z270,945 and shal> b
Management System fund. Also, an additional ti
applicant at the OctoN,r 1 ", I `i`�0, (,itv C� ±unc I �,
for the proposed project should be based on the net
project. '. uch "buy down" fees provide an indirect
to M9a Ill a_it,ons that would benefit the regional, and
icy Gown' fcv applied to the project for city transit
paid as a ;,ire -time contribution to the City's Traffic
of 31(X);t} H) shall be deposited, as agreed to by the
is h iris,
144. Construction activities ,hill be limitctit t, betwcon the hours of 7:00 a.m. to 7:00 p.m. on
weekdays and between the hours of 9:(X) am an,.i '! i 1111 ,,, c; rt1rdays, and shall exclude Sundays.
145. During site prr�;�a ration anti con ortict
sound - reduction cduilir:unt
146. The noise wail <,��acent :o Shop Nunrbcr
to eight feet.
n t i., -i.: �,IiiiE'nirnt shill he fitted with modern
_' u d .I ,:iid Retail "A" shall be increased in height
147. Noise attenuation walls to a height of ct i i feeY stall be located around all loading areas.
148. DELETED
149. Use of parking lot vacuums and landscape maintenance equipment shall be limited to the hours
_of 8 a.m. and 7 p.m. weekdays west of Liberty Bel I Avenue and from 6 a.m. to 7 p.m. east of Liberty Bell
Avenue.
150. Contributions to the fire department ;11,111 be complied with by the project
applicant.
151. Prior to the approval of building plans, the fire department shall review and approve all
project plans to ensure all measures are incorporate _i to reduce• fire impacts.
152. A licensed security guard is required durin,; the construction phase, or a 6 -foot high chain fence
shall be constructed around the construction site
153. Construction equipment, tools, etc., shall be l roperly secured during non - working hours.
154. All appliances (microwave ovens, dishv-ashers, trash compactors, etc.) shall be properly
secured prior to installation during non- workin; hours All serial numbers shall be recorded for
identification purposes.
155. 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 cxt rior lighting devices shall be protected by weather
and breakage - resistant covers.
156. Landscaping shall not obstruct any exterior c; -or or �N inclow.
157. Landscaping is to be maintained at a helgl where pedestrians will have full view of the area
with no obstructions.
158. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or
screen views of a seated driver from another movi, vehicle ( , pedestrian.
159. Landscaping (trees) shall not be placed dire Rly under illy overhead lighting which could cause
a loss of light at ground level.
160. Addresses shall be clearly visible to appro chine, eni( rgency vehicles and mounted against a
contrasting color.
161. Address numbers shall be a minimum or s, lche; in � eight and illuminated during the hours of
darkness.
162. All exterior doors shall be constructed of solo wood core a minimum of 1 and 3/4 inches thick or
of metal construction_ Front glass door(s) commonly
the street. csed fore try are acceptable but should be visible to
163. Doors utilizing a cvlindcr lock shall nimc,cn five pin tumbler operation with the
locking bar or bolt extending into the receiving gui,ic rnincmurc cif one inch.
1 164. There shall not be any easy exterior accc-;s t the -oof a ea, i.e., ladders, trees, high walls, etc.
165. Upon occupancy by the owner or propnet:.>r, each single unit in a tract or commercial development
constricted under the same general plan, shall have lock,, using combinations which are interchange
free from locks used in all other separate dwcllv)gs, proprietorships, or similar distinct occupancies.
166. Park and recreation fees for the lowc� r commercial project component (upper and lower
commercial, upper commercial fee to be determined upc•n approval of major modification) shall be
assessed per City policy as defined below:
Total building s�7uare icc�t x O. Z9 peg <Ijil., .a t�x,t of z ; minercial use
167. The project applicant shall be required h tunct all sewer infrastructure improvements necessary
to accommodate the proposed project demand
168. The applicant shall be required to comp:y with ail pertinent County of Ventura Public Works
Department connection regulations. These rnitigation measures shall be implemented by the County of
Ventura Public Works Department (Watervork, District N�i. 1).
169. 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. If the Moorpark Avenue drain is
completed prior to zone clearance, this condition .s not applicable.
170. To encourage future residents and tenan s of the proposed project to contribute materials for
recycling, design considerations shall be include(i in each development component that would provide
adequate space and facilities for the storage and transfer c't recyclable materials.
171. Plant a sufficient amount of tail growing trees and /car shrubs along the western site boundary
(abutting the wall) to minimise the glare irn, a. ; and the loss of privacy of the nearby single - family
neighb hood.
172• No illuminated building mounted signs 1, It be permitted on any building facade facing towards
a residential neighborhood.
173. All parking lot pole lights and street h4fi shall be tully hooded and back shielded to reduce
the light "spillage" and glare.
174. Trees planted along the western site perimeter shall he a minimum 24 inch box size in order to
provide a screening effect in a short time period "trubs shall IV a minimum 5 and 15 gallon sizes.
175. Colors and materials of the proposed 1) lei fag shall bC compatible with the surrounding area.
176. Tinted windows shall be installed to non 1111z( the rntttance of light and glare from interior
sources for any windows that receive direct suns) t.
177. Traffic mitigation measures shall be in is ni rM,111ce wwsth City Enginecr Conditions.
178. The applicant must provide continuous .as is(ape maaintenalice of the sidewalks and parkwvays
along Los Angeles Avenue, Liberty Bell lZoad, 1_i,, on Avenue and Park Lane. The ,applicant must also
provide continuous landscape maintenance of tfl, . t ul�d lest a )paved access casenu nt on Lassen Avenue
NAween Liberty Bell 1—ad .and Sierra zAvcnu�°
179. Prior to ,Omni; rlcarance, the appli,�arst ;h,311 �,a�t�mst a "Free Rcport consistent with the
requirements of Ordinance No. 101. if any 111,11 ire' '.ree, is defined in Ordinance No. 101, will be
removed on the project site, it I hall I)c replacc,i it � mit,itnutr ratio of 5:1. the size of the replacenjcnt
trees shall be detenn,n,j by the �,a��e(,f t`,(, 't, sa; ), I'll ,),,!,)ruled byOniin,an�r