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HomeMy WebLinkAboutAGENDA REPORT 1990 0418 CC REG ITEM 09B MOORPARK ITEM 1 4 B. PAUL W. LAWRASON,Jr. o,a� ��, STEVEN KUENY Mayor a>P��° City Manager SCOTT MONTGOMERY � A � �o CHERYL J. KANE Mayor Pro Tern �/w City Attorney ELOISE BROWN gr-��iy�•� PATRICK RICHARDS,A.I.C.P. Councilmember o r ` a Director of e° " Community Development CLINT HARPER, Ph.D. 9 R. DENNIS DELZEIT Councilmember BERNARDO M. PEREZ City Engineer Councilmember JOHN V.GILLESPIE LILLIAN KELLERMAN CITY OF MOORPARK Chief of Police City Clerk CITY COUNCIL RICHARD T. HARE STAFF REPORT City Treasurer APRIL 18, 1990 SECTION 1 - GENERAL INFORMATION A. HEARING DATE: B. HEARING TIME: APRIL 18, 1990 7.00 P.M. C. HEARING LOCATION: D. CASE NO. : City Council Chambers MAJOR MODIFICATION NO. 1 799 Moorpark Avenue to Planned Development Permit No. 1062 E. STAFF CONTACT: F. APPLICANT: Winnie Wilson Embassy Plaza no. 16 Associate Planner G. PROPOSED PROJECT: On November 29, 1989, the applicant filed a major modification to Planned Development Permit No. 1062 to add a freestanding, single- story, 7,886 square foot building pad to the northwest portion of the proposed 4 .5 acre neighborhood commercial center. The building would be intended for retail and/or office uses only with restaurant use being confined to the 25,332 square foot main building (building no. 1) . H. PROJECT LOCATION: The project site is located at the northwest corner of Spring Road and Tierra Rejada Road. The Assessor's Parcel Number is 500-39-85, & -35. I. The application was deemed complete: February 20, 1990. 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 2 J. REQUESTED ACTION AND STAFF RECOMMENDATION: 1. Open the public hearing and accept public testimony. 2 . Review and consider the proposed mitigation measures and monitoring program. 3 . Make the appropriate findings . 4. Direct staff to prepare a resolution recommending denial of the requested major modification for adoption at the City Council's meeting of May 2, 1990. K. ALTERNATIVE CITY COUNCIL ACTIONS: 1. Recommend approval of the Mitigated Negative Declaration and Mitigation Reporting and Monitoring Program, and conditional approval of the requested major modification. SECTION II - PROJECT SITE BACKGROUND A. SITE ZONING: C-1 Neighborhood Commercial B. VICINITY ZONING: North: RE-1/RPD-4 .5 South: OS-10 (Open Space-10 acre, County zoning) East: RE-1 West: RPD-4.5u C. VICINITY GENERAL PLAN: North: Specific Plan(Carlsberg) South: AG -1 10 -40 acres/du East: Specific Plan West: M - Medium Density Residential (4du/acre/av) D. PROJECT SITE HISTORY: On July 6, 1987, the applicant requested the commercial development of two parcels, approximately 3. 8 acres and 0.7 acres, under Planned Development Permit Nos. 1062 and 1063 respectively. The two parcels were involved in a Parcel Map subdivision (LDM NO. 11) of a 4 .5 acre site located at the intersection of Spring Road and Tierra Rejada Road. The two Planned Development Permits and the land division were recommended for denial by the Planning Commission on July 6, 1987 but were conditionally approved by the City Council on September 16, 1987 . The City Council 's approval for Planned Development No. 1062 was for a 25, 332 square foot building (building 1) along the western portion of the 4 .5 acre site. However, the City Council has prohibited gasoline sale as one of the conditions of approval for this entitlement permit. 3 On December 7, 1989, the City entered into an agreement with the applicant (Embassy Plaza no. 16, Ltd. ) so that the entitlement permits for PD 1062 and PD 1063 would not expire until February 28, 1991. As this agreement relates to PD 1062, the City allowed an addition of a minimum 7,500 square foot, one-story, free-standing building to the 3.8 acre commercial site. The new building must have a minimum 30 foot setback from the right-of-way of Spring Road. Moreover, the building plans and exterior elevations must be consistent with the buildings originally approved under PD 1062 . The first submittal of the site plan showed the location of the proposed building (building 3) on the Spring Road frontage. However, the revised site plan, which was submitted on February 6, 1990 indicated a change in the size and the location of said building. The freestanding building, is now located to the north of the main building (building no. 1) , almost in alignment with the main building. The size of the building would be increased slightly to 7,918 square feet in floor area. F. EXISTING SETTING: The 3.8 acre commercial site is currently vacant. It is surrounded by vacant land to the south. To the west and north of the site there are existing single family residential homes while to the east is the Carlsberg property which incorporates approximately 500 acres of vacant lands at the present time. SECTION 111 - ANALYSIS A. ISSUES: As previously stated, the proposed modification would involve the addition of a 7,918 square foot building (building 3) to the proposed 3.8 acre neighborhood commercial center. The building would be used for retail and/or office uses with no restaurant use being proposed. In evaluating this proposed major modification, staff is concerned primarily with the architectural design of the neighborhood commercial center and the location of this new building. 1. HUMAN SCALE All building design should reflect a sense of human scale and proportion. The placement and siting of building no. 3 in close alignment with the 453 feet long main building would tend to project an impression of a long, extensive, and monotonous blockface which tends to be out of proportion to human scale. Staff believes that a neighborhood shopping center, which primary function is to serve the shopping needs of the immediate residential neighborhood, should have the siting and orientation of its building reflect not only human scale but also orient more 4 toward the pedestrian. In addition, in order to reinforce pedestrian scale, staff feels that the proposed building needs to be separated from the main building. 2. VARIETY OF BUILDING All building on the same site should have strong architectural and spatial relationships . A project containing many buildings should have variety in building size and massing. There should be a transition from low buildings on street frontages to larger and taller structures on the interior of the property. The applicant's original location for building no. 3 on the Spring Road frontage (shown in the first submittal) would be more appropriate because the different building sizes and massing and the alternating building placement and open space would create more visual interest and variety. If this modification is approved by the City Council, staff suggests that building 3 should be reduced slightly in mass and size, and relocated to front Spring Road with the narrower end or side of the building to position toward the driveway entrance to reduce mass. Moreover, staff believes that the present building arrangement would promote a "strip" or linear commercial development which the City's General Plan generally discourages . 3. LOCAL DEMAND/PEDESTRIAN INTEREST The applicant contended that the buildings on the project site, being located at a highly visible arterial intersection, should be visible from the major streets and no one building should be blocked by another. Staff does not agree that high visibility should be the focal point of this commercial development. The primary function of this proposed commercial center, as previously mentioned, is not to serve the regional market or satisfy commuter needs but to provide for the local shopping needs of the immediate residential neighborhood. Therefore, it is important that all the buildings on the project site should have architectural and spatial relationships that would accommodate more toward the local market in the immediate neighborhood than the commuters on the major streets . The siting and orientation of building no. 3 should therefore respond to the pedestrian nature of the street (Spring Road) by facing on and be directly accessible from the sidewalk with minimal interruption by parking areas. 4. OFFSTREET PARKING LOCATION Another reason why the proposed siting and orientation of building no. 3 contribute to poor design image is the extensive asphalt and concrete pavings of the parking stalls that would be visible from Spring Road and the approximately 40. 1 acres of proposed single family residences on the Carlsberg project. In addition, some of the parking stalls are located too far from the two buildings . 5 Also, staff feels that, with certain exceptions, off-street parking facilities should not always be located along the street frontage. Street frontages should be devoted to building architecture and landscaping. The placement of building no. 3 on Spring frontage would relieve , to some extent, the "sea of pavement" . In addition, some of the parking stalls are located too far from the two buildings. To avoid the long distances that the handicapped would have to travel, staff suggests that the two handicapped parking spaces in the center of the parking areas be moved close to a building. 5. INTERFACE Finally, the proposed building would appear to lack an adequate interface to reconcile potential land use conflict. While the main 25,332 square foot building would have the abutting cut slope, with which it blends harmoniously, as a solid buffer against adverse impacts on the abutting residential homes, the proposed building (building no. 3) would only have the existing Eucalyptus trees to act as a noise or visual screen. Moreover, since these mature trees are located on the adjacent property, there is no assurance that they would be preserved. 6. INTERNAL CIRCULATION With the exception of the issues just mentioned, staff believes that the site design would have adequate onsite circulation system and would provide more parking spaces than the minimum required by the City. However, to make for better and smoother internal traffic flows, staff recommends that the three parking spaces at the southwest corner of the project site be removed to minimize backing out and maneuvering problems. The eliminated spaces would allow the landscape planters to be expanded. CONFORMANCE WITH THE GENERAL PLAN The proposed modification is considered inconsistent with the following goals and policies of the Land Use Element of the General Plan. Commercial Goal 2 To concentrate business facilities in compact areas and discourage them in linear strings along major and secondary traffic arterials. Policy 2 New commercial development should incorporate good design standards. Design standards include landscaping, circulation, off-street parking, architectural compatibility with the surroundings, and others. New strip commercial development should be discouraged. 6 SECTION IV - ENVIRONMENTAL DOCUMENTS Review of pertinent environmental documents has disclosed that the proposal, if approved, may have adverse environmental impacts. Mitigation measures have been added to the proposal which would reduce these impacts to a level of insignificance. A discussion of these potential impacts and mitigation measures are attached. Proposed mitigation measures have been included as conditions of project approval. A proposed Mitigation Reporting and Monitoring Program is included with the Mitigated Negative Declaration and must be adopted prior to project approval to comply with Assembly Bill no. 3180 . Assembly Bill no. 3180 was adopted by the State Legislature in 1988. To summarize, this new Law requires a local agency to adopt a reporting and monitoring program in conjunction with the adoption of a Negative declaration or in conjunction with the adoption of the findings for an Environmental Impact report. SECTION V - CONDITION REVIEW Because staff 's position is to recommend denial of the major modification, conditions of approval for PD 1062 Major Modification No. 1 are not attached to this staff report as one of the exhibits. However, if this project is approved, the conditions for the major modification which would supercede all the existing PD1062 conditions could be made available upon request to the City Council. Pursuant to the development Agreement made between the City and the applicant on December 7, 1989, the City agrees not to make changes to the conditions of approval for PD 1062 as approved by Resolution No.87-416 with some exceptions as specified below. These exceptions include existing Community Development Department Condition No.s 10 . 13, 27, 30, 39 and additional conditions relating to a performance bond, mitigation monitoring measure, and fees for parks and art in public places . The following is a list of the aforementioned conditions: Community Development Department Conditions 10 . That prior to the issuance of a zone clearance, a landscaping and planting plan (3 sets) , together with specifications and maintenance program, prepared by a State Licensed landscape architect in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by the city of Moorpark. all landscaping and planting shall be accomplished and approved prior to the issuance of any occupancy permit. Staff intends 7 to modify this condition to increase landscaping on the subject site. 13 . That 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 (6) foot high, solid wall enclosure with metal gates, final design of said enclosure shall be subject to the approval of the Director of Community Development prior to the issuance of zone clearance. Staff intends to upgrade the trash areas or even relocate them if needed. 27 . That signs are subject to the Moorpark Municipal code, chapter 50, of title 9, sign Ordinance. A sign permit is required. The applicant shall create a sign program which will cause a common sign letter, type and color to be used throughout the site. Such program shall be approved by the Director of Community Development. Staff intends to limit signs facing the street and the number of monument signs. 30 . For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval prior to the issuance of a zone clearance. The lighting plan shall achieve the following objectives. A. Avoid interference with reasonable use of adjoining properties . B Minimize on-site glare; C. Provide adequate on-site lighting. Limit electroliers height to avoid excessive illumination. Provide structures which are compatible with the total design of the proposed facility. These plans shall include the following: 1. A photometric plan showing a point by point foot candle layout to extent a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. 2 . Maximum overall height of fixtures shall be not more than fourteen (14) feet in or adiacent to residential areas and not more than twenty (20) feet in non-residential areas. 3. Fixtures must possess sharp cut-off qualities at property lines. 8 4. There shall be no more than a seven to one (7 :1) ratio of level of illumination shown. (Maximum to minimum ratio between Lighting Standards. ) 5. Low pressure energy efficient light fixtures shall be used. 6 . Minimum of one-foot candle illumination. Staff is concerned with the residential interface and intends to review this condition once again. 39 . The applicant shall prior to the issuance of a zone clearance execute a covenant agreement 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, which the City mat implement or adopt, to fund public street and traffic improvements directly or indirectly affected by he development. Traffic mitigation fees shall be used for project in Moorpark/Tierra Rejada Area of Contribution. Staff intends to modify to reflect the latest needs of the City. Additional Conditions 1. No use for which this permit is granted shall be commenced until Certificate of Occupancy has been issued by the Building and Safety division. In addition, no certificate of Occupancy may be issued until all onsite 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 onsite improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. 2 . The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area for PD 1062 to support the City's current and future park system. 3. The applicant shall contribute to the City of Moorpark's Art in Public Places fund, an amount of $100 per each 1,000 square feet of building floor area. 9 4 . The applicant shall comply with all the mitigation measures and reporting and monitoring program as shown on exhibit no. 4 . 5. Prior to issuance of a Zoning Clearance, a Surety Performance Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development, may, through a public hearing to be heard before the City Council recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance of the Conditions of Approval or for some other just cause. This condition shall automatically be superseded by a related resolution or ordinance regarding condition compliance for entitlement approvals as adopted by the City Council. SECTION V1 - AGENCY REVIEW Agencies and Departments which reviewed Major Modification no. 1 include the County Fire Department, County Sheriff's Department, Caltrans district 7, County environmental Health Department, county environmental Health, flood control & Water resources Department, County Planning, Resource Management Agency, Moorpark Unified school district. Staff has included the proposed conditions generated through the agency review as conditions of project approval. SECTION Vii - STAFF RECOMMENDATION That the City council direct staff to draft a resolution to be considered at the next regular meeting of April 18, 1990, recommending that the City Council deny PD1062 Major Modification no. 1 to allow the addition of a 7,918 square foot building because the required findings cannot be made. SECTION V11 - EXHIBITS 1. Location Map 2. Findings 3. Environmental Evaluation and Mitigation Measures. 4 . Mitigated negative Declaration and mitigation reporting and Monitoring Program 5. Initial Study 6 . Site Plan MOORPARK, CALIFOR\G, 7 . Elevation Plan COC (Meeting Date: March 27, 1990 of 199 Prepared by.: _0 ACRON;__/ ! As •rove• . . . 00111/Pit k? a ,/VMG Winnie Wilson . . ! at> _ , Patr. • J. Richards Associate Planner cadet,, 2 Dir- or of Community Development r 's.*, __ LOGA , '140 1 - , a. ' sor•o 4111 P 111 rit.,s 32 PM 48 . lip op -vitk `iii uiuinn. S 4£a`N 'UROW17 TIissialtr:SulkolS•rr '�rr ' 001 01A s11111110111 111111"is. finimilliffihw.iffr ein anal MUD w %.1% 11111,11 Elltra *AP V _ r-i---1 t ''- \ 3 porri, s 4 41 � iiiiiiboIoiipa„IQs "Naar mai �� r•%j ��1161.4) ,4000 111 LOCATION ♦o asell asap •. 4 Villr 00 re MA: T4 4e0VgliO a ilia ate :1 • 4!-1 0* 1114VIW-**' *� . �� ��i�* *OWL.'. �� i1� �II1�� ♦ �Ite' 0 ►��•.��� 7:011•00 0 i ,c - , iieiat 0 �, FiatRp` IWL1 IN. 111111i I 1f / I KAMM - - - -- - --�-- -- �- EXHIBIT I // a4 RECOMMENDED FINDINGS If the City council chooses to recommend denial, the following findings may be used: a. The proposed modification would not be consistent with the intent, guidelines, policies, and goals of the City's General Plan. b. The architectural design and location of the proposed building would not be compatible with existing and future land uses within the zone and the general area in which the proposed use is located by promoting "strip"or linear commercial development. c. The proposed use would be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site. d. The proposed use, because of its poor design, would impair the integrity and character of the zone in which they are to be located. EXHIBIT 2 /a DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES I. a. , e. EARTH Construction of the project would not result in unstable earth conditions or in changes to geologic substructures. 1. b. , c. The topography on the site would change dramatically with the cutting back of an existing 2:1 slope. However, since the total volume of soil to be moved (62,00 cu.yards) is to be disposed onsite, the grading for this building (building 3) is anticipated to be balanced. Building code requirements related to grading would minimize the potential erosional hazards . Some displacement, compaction would result from the grading of the proposed building. Mitigation Prior to issuance of a Zoning Clearance, the applicant shall submit to the City of Moorpark for review and approval, a grading plan prepared by a registered Civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. If grading is to take place during the rainy season (October through March) , an erosion control plan shall be submitted with the grading plan to the City Engineer for review and approval prior to the start of construction. A required erosion control measure shall be that all graded slopes would be hydroseeded or landscaped within 60 days of the completion of grading. To minimize compaction of soils a detailed soils report shall be submitted by the applicant prior to Zoning Clearance and in addition, the building pad area must be compacted per City Code to support the structure. 1. e. , f, and g. Based on the City's Safety Element, no erosional, geologic or seismic hazards are known to exist on site or in the immediate vicinity. Therefore, no significant effect is anticipated. 2. a. ,b. ,c. , and d. AIR The proposed project is not expected to result in substantial deterioration of the ambient air quality. The anticipated movement of vehicles and trucks to and from the site would not generate enough air emissions to degrade the ambient air quality. 3. a. through j . WATER EXHIBIT 3 /3 The development of building 3 would increase the rate and amount of surface runoff, lower the infiltration rate and may change drainage patterns as a result of an increase in impervious surfaces. Mitigation: The use of a storm drain system, cross-gutters, and surface streets would reduce potential impacts to a level of insignificance. Moreover, prior to issuance of a Zoning Clearance, the applicant is required to submit a drainage plan to the City Engineer for review and approval. 4. & 5 PLANT AND ANIMAL LIFE The proposed project would not change the diversity and number of plant and animal species or affect the wild life habitat because no rare or endangered species are known to exist onsite. The existing vegetation on the site consists substantially of non-native plants (weeds and grass) . 6. a. NOISE The commercial center in which building (3) is located is in close proximity to residential homes. Use within the center may slightly increase the ambient noise level in the general area. All uses and activities are conditioned to be conducted within the enclosed building thus reducing any future noise impacts to the residential community nearby. Mitigation To mitigate the potential noise impact on the adjoining residential properties, all roof top mechanical equipment and other noise generation sources onsite shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupancy request. Prior to the issuance of a Zoning clearance for initial occupancy or any subsequent tenant occupancy, the Director of Community Development may request that a noise study or a certificate from a Licensed acoustical Engineer be submitted for review and approval which demonstrates that all onsite noise generation sources would be mitigated to the required level. 7. LIGHT AND GLARE The proposal would generate new light or glare on the adjoining residential neighborhood. Mitigation To mitigate this impact, the applicant is required to shield all lighting onsite and to design lighting so that there is no glare or adverse spillover of light on the adjacent residential homes. The following requirement should be included as a condition of approval for the project. For all exterior lighting a lighting plan shall be prepared by an Electrical Engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interference with reasonable use of adjoining properties; minimize onsite and offsite glare; provide adequate onsite lighting; limit electroliers height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. The lighting plan shall include the following: a. A photometric plan showing a point-by-point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. b. Maximum overall height of fixtures shall be fourteen (14) feet. c. Fixtures must possess sharp cut-off qualities with a maximum of one foot candle illumination of property lines d. Average maximum of one foot candle illumination. e. There shall be no more than a seven-to-one (7 : 1) ratio of level of illumination shown (maximum to minimum ration between light standards) . f. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. g. No light shall be emitted above the 90 degree or horizontal plane. 8. LAND USE The proposed project would not encourage the development of presently undeveloped areas or increase the development intensity in developed areas. The proposed project is located in an area which is predominantly developed with residential properties. All public services and utilities are currently in place and no expansion to the infrastructure would result from the project. Therefore, no potential significant impact 6-1on /(6- 1 - on land use is anticipated. 9. NATURAL RESOURCES The proposed project is not expected to result in a significant increase in the rate of any natural resource, or result in substantial depletion of any nonrenewable resource. 10. RISK OF UPSET There is no potential risk that hazardous materials would be generated and/or stored onsite because this project is for retail and/or office use only. 11. POPULATION The proposed project is not expected to significantly alter the location, distribution, density, or growth rate of the human population in Moorpark. The proposal would be for a freestanding commercial building. 12 . HOUSING The creation of additional jobs generated by this proposed development would increase the demand for new housing in the Community. However, new housing is still being provided in the Community and surrounding areas to help satisfy the demand. 13 . a. through f. CIRCULATION The proposed development of a 7, 918 square foot freestanding building would generate less traffic impact than the original proposal (PD 1062) of a 25, 332 square foot building. Moreover, according to a new traffic impact analysis submitted by the applicant, the two new commercial projects (PD No. 1063 Minor Modification and a proposed PD No. 1062 Major Modification) on the 4. 5 acre site, even with an increase in total square footage of 5, 310 square feet, would still generate less average daily traffic (ADT) than the original development proposals. This is because of the deletion of a fast food restaurant, and the reduced floor area of the proposed convenience store (with the elimination of gasoline service) from the project site, both of which have high daily trip generator rates. 14 . PUBLIC SERVICES. The proposed project would not require additional fire protectin or police protection personnel, and schools are not expected to be affected. Fees related to fire and police protection and school fees would have to be paid /6 prior to issuance of a building permit. The project is also not expected to impact park and recreationg facilities. The City typically imposes a park and recreation fee condition of approval requiring the developer to contribute an amount of $.25 per square foot of gross floor area to support the City's current and future park system. 15. ENERGY. The proposed project is not expected to use substantial amounts of fuel or energy, and would not substantially increase demand upon existing sources of energy or require the development of new sources ofenergy. As this project would involve an addition of 7,918 square foot building. 16 . UTILITIES. The proposal may result in the need for new connections to existing electrical, natural gas, telephone, water, sewer, and storm water drainage facilities, but would not create excessive demands on the existing systems . Solid waste collection and disposal would be contracted out to a private collection service. 17. HUMAN HEALTH. The proposed project is not expected to result in the creation of any health hazard or exposure of people to potential health hazards. 18. AESTHETICS. The placement of the proposed building in close proximity and in alignment with the main building would create a harsh, and a monotonous blockface. Moreover, such building design would not be consistent with the goals and policies of the General Plan by creating and promoting strip commercial development which would detract from the residential character of the immediate neighborhood. 19 . RECREATION. The project would not be expected to affect the quality or quantity of existing recreational opportunities. (Refer to discussion on Item No. 14 . Public Services) . 20. a. through c. ARCHAEOLOGICAL/HISTORICAL. There is a very low probability that the site has archaeological or historical significance due to previous grading activities and existing development onsite. 21 . MANDATORY FINDING OF SIGNIFICANCE a. As identified in the preceding responses, the project is not expected to significantly degrade the quality of biological and cultural environments. b. Both short term and long term impacts in terms of noise, / 7 13 visual, traffic, human health, light and glare, may result but are not expected to be significant if mitigation measures previously identified are included as conditions of project approval. c. The proposal is expected to result in cumulative traffic impacts when considered with other past, present, and future projects in the vicinity of the site. However, the Tierra Rejada Road full width improvements and Spring Road half-width improvements to be constructed along the street frontage as part of the conditions of approval for PD 1062 would reduce these impacts to a level of insignificance. d. The project would not have environmental effects which would adversely impact on human beings directly or indirectly because no hazardous materials would be used for the retail and/or office building. /8 EXHIBIT + 14 MITIGATION MEASURES AND REPORTING AND MONITORING PROGRAM 1. EARTH Mitigation Prior to issuance of a Zoning Clearance, the applicant shall submit to the City of Moorpark for review and approval, a grading plan prepared by a registered Civil Engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. If grading is to take place during the rainy season (October through March) , an erosion control plan shall be submitted with the grading plan to the City Engineer for review and approval prior to the start of construction. A required erosion control measure shall be that all graded slopes would be hydroseeded or landscaped within 60 days of the completion of grading. To minimize compaction of soils a detailed soils report shall be submitted by the applicant prior to Zoning Clearance and in addition, the building pad area must be compacted per City Code to support the structure. Reporting and Monitoring Prior to issuance of Zoning Clearance, the case planner shall contact the City Engineer' s office to determine conformance with the grading plan requirement. The City Engineer shall be responsible for determining whether an erosion control plan is required prior to issuance of a grading permit. The City Engineer, or his designee, shall monitor the project during construction to ensure that any required hydroseeding is accomplished, and shall document compliance by preparing a memorandum for the project file prior to approval of occupancy. 2 . WATER Mitigation The use of a storm drain system, cross-gutters, and surface streets would reduce potential impacts to a level of insignificance. Moreover, prior to issuance of a Zoning Clearance, the applicant is required to submit a drainage plan to the City Engineer for review and approval. Reporting and Monitoring Prior to the issuance of a Zoning clearance, the staff planner shall contact the City Engineer' s office to determine compliance with this condition, and shall document compliance by placing a note in the project file. /9 lb 3 . NOISE Mitigation To mitigate the potential noise impact on the adjoining residential properties, all roof top mechanical equipment and other noise generation sources onsite shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupancy request. Prior to the issuance of a Zoning clearance for initial occupancy or any subsequent tenant occupancy, the Director of Community Development may request that the noise study or a certificate from a Licensed acoustical Engineer be submitted for review and approval which demonstrates that all onsite noise generation sources would be mitigated to the required level. 4. LIGHT AND GLARE Mitigation Prior to issuance of a Zoning Clearance, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interference with reasonable use of adjoining properties; minimize onsite and offsite glare; provide adequate onsite lighting; limit electroliers height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. The lighting plan shall include the following: a. A photometric plan showing a point-by-point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. b. Maximum overall height of fixtures shall be fourteen (14) feet. c. Fixtures must possess short cut-off qualities with a maximum of one foot candle illumination at property lines. d. Average maximum of one foot candle illumination. e. There shall be no more than a seven-to-one (7: 1) ratio of level of illumination shown (maximum to minimum ratio ao between light standards) . f. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. g. No light shall be emitted above the 90 degree or horizontal plane. Reporting and Monitoring Prior to issuance of a Zoning Clearance, the Director of Community Development shall review and approve the required lighting plan. The staff planner shall document this approval in the file. 3 . AESTHETICS/VISUAL IMPACTS If the proposed modification is approved, the proposed building (Building No. 3) should be relocated to the vacant site fronting Spring Road. The placement of the building on the frontage of Spring Ropad will create a more aesthetically interesting design, and eliminate a long and continuous blockface. WW/90321A c::7• / CITY OF MOORPARK INITIAL STUDY CHECKLIST FORM EXH I BIT 5 I. BACKGROUND 1. Name of Applicant Embassy Plaza No. 16 2. Project Description Planned Development Permit No. 1062 Major Modification 3. Date of Checklist submittal 3/15/90 4. Project Location Intersection of Tierra Rejada and Spring Road II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) YES MAYBE NO 1. EARTH. Will the proposal result in: a. Unstable earth conditions or in changes X in geologic substructures? b. Disruptions, displacements, compaction or X overcovering of the soil? — c. Change in topography or ground surface X _ relief features? d. The destruction, covering or modification of X any unique geologic or physical features? e. Any increase in wind or water erosion of soils, X _ either on or off the site? f. Changes in deposition or erosion of beach sands, _ X or changes in situation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic X_ hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? YES MAYBE NO 2. AIR. Will the proposal result in: a. Substantial air emissions or deterioration X of ambient air quality? b. The creation of objectionable odors? X c. Alteration of air movement, moisture or X temperature, or any change in climate, either locally or regionally? d. Is there a potential for cumulative adverse X impacts on air quality in the project area? 3. WATER. Will the proposal result in: a. Changes in currents, or the course of direction X of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, X or the rate and amount of surface runoff? c. Alterations to the course or flow of flood X waters? d. Change in the amount of surface water in X any water body? e. Discharge into surface waters, or in any X alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of X ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Degradation of ground water quality? X i. Substantial reduction in the amount of water otherwise available for public water supplies? j . Exposure of people or property to water related x hazards such as flooding or tidal waves? 2 a3 YES MAYBE NO 4. PLANT LIFE. Will the proposal result in: a. Changes in the diversity of species or number of x any species of plants (including trees, shrubs, grass, crops, and aquatic plants? b. Reduction of the numbers of any unique, rare or x endangered species of plants? c. Introduction of new species of plants into an area, _ x or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? x 5. ANIMAL LIFE. Will the proposal result in: a. Change in the diversity of species or numbers of X any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? b. Restrict the range of or otherwise affect any x rare or endangered animal species? c. Introduction of new species of animals into an x area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife x habitat? 6. NOISE. Will the proposal result in: a. Increases in existing noise levels? x b. Exposure of people to severe noise levels? x 7. LIGHT AND GLARE. Will the proposal produce new light or glare? x 8. LAND USE. Will the proposal result in a substantial alteration of the present or planned land use of an area? x 9. NATURAL RESOURCES. Will the proposal result in: x a. Increase in the rate of use of any natural -- resources?resources? b. Substantial depletion of any nonrenewable x resource? Q YES MAYBE NO 10. RISK OF UPSET. Will the proposal involve: a. A risk of an explosion or the release of hazardous x substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. POPULATION. Will the proposal alter the location, x distribution, density or growth rate of the human population of an area? 12. HOUSING. Will the proposal affect existing housing, X or create a demand for additional housing? 13. TRANSPORTATION/CIRCULATION. Will the proposal result in: a. Generation of substantial additional vehicular X movement? b. Effects on existing parking facilities or demand x for new parking? c. Substantial impact upon existing transportation x systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, x bicyclists or pedestrians? 14. PUBLIC SERVICES. Will the proposal have an effect upon, or result in a need for new or altered governmental servies in any of the following areas: a. Fire protection? x b. Police protection? x c. Schools? x d. Parks or other recreational facilities? x e. Other governmental services? x 15. ENERGY. Will the proposal result in: a. Use of substantial amounts of fuel or energy? X 0? S YES MAYBE NO b. Substantial increase in demand upon existing sources _ x of energy or require the development of new sources of energy? 16. UTILITIES. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? x b. Communications system? X c. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? x g. Street lighting annexation and/or improvements? X 17. HUMAN HEALTH. Will the proposal result in: a. Creation of any health hazard or potential health x hazard (excluding mental health)? b. Exposure of people to potential health hazards? x 18. AESTHETICS. Will the proposal result in the obstruc- X tion of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. RECREATION. Will the proposal result in an impact x upon the quality or quantity of existing recreational opportunities? 20. ARCHAEOLOGICAL/HISTORICAL. Will the proposal: a. Affect possible unknown archaeological or historic- _ x al sites? b. Result in destruction or alteration of a known X archaeological or historical site within the vicinity of the project? c. Result in destruction or alteration of a known x archaeological or historical site near the vicinity of the project? YES MAYBE NO 21. MANDATORY FINDINGS OF SIGNIFICANCE. a. Does the project have the potential to degrade thequality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? — b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into x the future.) c. Does the project have impacts which are individu- ally limited, but cumulatively considerable? (A project may impact on two or more separate resources where impact on ea .h resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. LII. DISCUSSION OF ENVIRONMENTAL EVALUATION IV. DETERMINATION. On the basis of this initial evaluation: In conformance with Section15060 of the State EIR Guidelines, I find with certainity that the proposal would not have a significant impact on the environment. I find the proposed project is categorically exempt pursuant to class I find the proposed project COULD NOT have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet could be applied to the project. A MITIGATED NEGATIVE DECLARATION SHOULD BE PREPARED. _ I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION should be prepared. x I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet could be applied to the project. A MITIGATED NEGATIVE DECLARATION SHOULD BE PREPARED. I find proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find proposed project MAY have a significant effect on the environment, and an ADDENDUM to an existing certified Environmental Impact Report is required. I find the proposed project MAY have a significant effect on the environment, and this effect is adequately addressed in a certified Environmental Impact Report, and thus SUBSEQUENT USE of the existing EIR is required. , ....M..".... .. 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