HomeMy WebLinkAboutAGENDA REPORT 1990 0801 CC REG ITEM 09A MOORPARK 9, .
BERNARDO M. PEREZ ;P� <<, STEVEN KUENY
o� o
Mayor �Dfi?ARK, CALIFORNIA City Manager
SCOTT MONTGOMERY r City Cou cll Meeting CHERYL J. KANE
Mayor Pro Tern �} 199 0 City Attorney
ELOISE BROWN ASV n awreATRICK RICHARDS,A.I.C.P.
Councilmember o° m ACTION: MAW Director of
CLINT HARPER, Ph.D. Community Development
Councilmember °°'Eo X9 : DENNIS DELZEIT
PAUL W. LAWRASON,Jr. City Engineer
Councilmember
As-aka-14 i.
V.GILLESPIE
LILLIAN KELLERMAN Chief of Police
City Clerk RICHARD T. HARE
MEMORANDUM • City Treasurer
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development 1
DATE: July 31, 1990 (CC meeting of 8/1/90)
SUBJECT: ISSUES IDENTIFIED BY THE CITY COUNCIL CONCERNING RPD-89-
1, LDM-89-2, CPDS 89-1 AND 89-2 AT THE MEETING OF JULY
25, 1990
Discussion
At the City Council meeting of July 25, 1990 concerning the above
captioned projects, the Council voted to continue the hearing to
the August 1, 1990 , and to direct staff to begin addressing the
citizens concerns identified on that date. The Council indicated
they would like responses from staff regarding the following:
1. Future plans the Sanitation District has for expansion above
3.0 million gallons per day and their time table for that
expansion.
The Moorpark Wastewater Treatment Facility has a current
design capacity of 2 . 0 million gallons per day (MGD) and is
currently treating approximately 1. 8 MGD. Thus at the present
time, the facility is operating at approximately 90 percent
of its rated design capacity. Ventura County Waterworks
District No. 1 is currently expanding the Moorpark Wastewater
Treatment Facility to approximately 3 . 0 MGD which is expected
to be completed by late 1990 .
This will give the Moorpark Area approximately an additional
one million gallons of wastewater treatment capacity per day.
As discussed in the EIR for these projects, a Cumulative
Project Description has been analyzed in terms of their impact
on the sewer capacity.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
' The Honorable City Council
July 30 , 1990
The anticipated development in the Moorpark area is expected
to generate approximately 1 , 172 ,793 gallons of wastewater per
day. This figure represents approximately 65 percent of the
Moorpark Wastewater Treatment Facility's current average daily
inflow. Assuming the entire cumulative project set were
ultimately approved and constructed, the Moorpark Wastewater
Treatment Facility would be operating at approximately 150
percent of its current design capacity and 99 percent of its
future design capacity (Expansion to 3 .0 MGD) . This does not
account for expansion related to general plan amendments, or
future projects that have not been included in the project
list.
Assuming that all of the projects considered in the cumulative
project set are approved and constructed, and that the
'Moorpark Sewer Treatment Facility would be expanded to its
proposed 3 MGD capacity, the facility would have approximately
27 ,202 gallons of remaining available capacity at the design
year without the building of the upper commercial of the
project. As the proposed upper commercial component of this
project is expected to generate approximately 96 ,591 GPD of
the remaining sewage treatment capacity, adequate remaining
treatment capacity would not exist in sufficient quantity to
accommodate the sewage generated by the proposed project in
the design year of 1995. Thus the upper commercial component
would have a significant adverse impact on the sewer capacity.
Considering the City may have an influx of other projects, the
Moorpark Wastewater's Treatment Facility's ability to handle
wastewater could be further eroded.
On July 26 , 1990, staff contacted Reddy Pakala as well as
Benjamin Pugay from Waterwork's District No. 1 and asked if
the Wastewater Facility had plans to expand the sewer capacity
of the plan beyond 1990 planned proposed expansion to 3 .0 MGD.
Mr Pakala explained that there were no plans for further
expansion at this time and further explained that the
Waterworks District begins to plan for future expansion when
the sewer capacity of the facility reaches between 80 - 90
percent of the design capacity. From the beginning of the
Planning process to the buildout of the proposed sewage
treatment plant expansion takes approximately 5 years. Staff
also asked Mr. Pugay how the district keeps track of proposed
future developments. He indicated that whenever a developer
requests a Sewer Availability Letter from the District, that
a copy of the Availability Letter is kept on file. The
Availability Letters are used to give the District an idea of
the potential future demand.
2
The Honorable City Council
July 30, 1990
If the District believes that a proposed development might
overload the available system, the Availability Letter will
state that the sewage capacity may not be available for the
project. As a matter of policy, once the City approves a
Discretionary project, the applicant must obtain a Will Serve
letter from Waterworks District No. 1 prior to obtaining a
building permit for the proposed development.
Under the above stated scenario, the City could approve
several development projects that may not be able to obtain
a building permit should the District determine that there
would be insufficient capacity to handle the additional sewage
flow. The District under this circumstance would not issue
the required Will Serve letter to the developer.
—Considering Waterworks District No. 1 needs approximately 5
years from initial planning of a proposed expansion to the
actual building of the facility, it could create a serious
problem should there be an influx of proposed developments.
As stated in the Draft EIR for Mission Bell Plaza, the
proposed capacity of the expansion of the Sewer Facility would
not be able to accommodate the Upper Commercial Development
should the existing approved projects within the City all
develop.
2. Discussions with the applicant regarding revisions to the west
elevations of one or more options shown at the City Council
hearing of July 25, 1990.
Staff discussed this matter with Mr. Richard Devericks on July
26 , 1990 who stated that the architect would revise the
aforementioned elevations and that the revised elevations
would be delivered to Community Development staff no later
than 5:00 p.m. on Monday, July 30 , 1990.
3. Discussions with the applicant regarding an enhanced entrance
treatment.
Mr. Devericks indicated to staff on July 26, 1990 , that he
would discuss the possibility of enhancing the entrance to the
shopping center with his colleagues and that a revised entry
treatments would be delivered to by 5:00 p.m. on Monday, July
30, 1990.
4. Discussions with the applicant regarding all senior housing
rather than a mix and the issue of owner occupied housing.
The applicant has never discussed with staff the possibility
of an all senior project. Subsequent to the July 25, 1990,
3
' The Honorable City Council
July 30 , 1990
City Council meeting, at which time the applicant proposed an
all senior project, staff contacted the Area Housing Authority
of Ventura County, the Agency on Aging, and the City of Simi
Valley for information on senior housing projects.
Area Housing Authority of Ventura County - Staff discussed
senior housing with Shelly Stevens on July 27 , 1990 . She
indicated that while there is demand for senior housing, the
rent would need to be very low and senior services available
to fill a project of the size proposed. Her opinion was that
Moorpark currently does not have adequate services or public
transportation. Section 8 assistance would not be available
to entice seniors into moving into this project. All Section
8 vouchers and certificates are in use. Moorpark may get one
more senior allocation this year. Once a senior applies for
Section 8 assistance, it usually takes two years for them to
receive it. A maximum of 1-3 Section 8 certificates are added
per year for seniors living in Moorpark housing.
She gave an example that the City of Thousand Oaks recently
required a developer to provide a rent subsidy (Section 8
comparable) for a designated number of units until Section 8
certificates become available.
Agency on Aging - Staff contacted the Agency of Aging on July
26 , 1990, and asked if they had any estimate on the number of
seniors in Moorpark. They stated that since the census
information is so old (1980 ) , they do not have any accurate
count. They suggested estimating 8% of the current
population, as the senior (above age 60) count with the 1980
census was approximately 8% of the total population at that
time. The January 1 , 1990, Department of Finance population
estimate for Moorpark is 26, 059 . Multiplying this number by
8% equals approximately 2 , 085 persons over age 60 .
City of Simi Valley - Staff contacted Bob Cottel (Housing
Planner) on July 26 , 1990. His opinion is that the senior
rental market is not healthy at the current time. They
recently had a senior apartment project go bankrupt. The
Macleod project would have to compete with a 75-unit senior
apartment project recently approved in Simi Valley which is
expected to have monthly rents of approximately $300 a month.
He suggested that we require a market study before approving
an all senior project.
Age Clarification - There was discussion at the July 25
hearing regarding whether the senior housing should have a age
restriction of 55 and older or 62 and older. Section 51 . 2 of
the Civil Code prohbiits a business establishment from
4
The Honorable City Council
July 31 , 1990
discriminating in the sale or rental of housing based upon age
with the exception of housing for senior citizens. Section
51 . 3 clarifies the age limitations necessary to qualify as
senior housing and thereby allow for age discrimination.
(Referenced sections of the Civil Code are attached. ) Section
51 . 3 identifies that if at least 150 units are reserved as a
"senior citizen housing development" , the age limit could be
set as low as 55. However, if less than 150 units are
proposed to be reserved for senior citizens , then the age
limit must be set at 62 to avoid violating the Civil Code and
fair housing legislation.
5. Clarify what happened to the original plan which showed a 2
acre park site.
On May 8, 1989 , the Parks and Recreation Committee reviewed
the proposed multi-family residential development and
unanimously voted to recommend that the developer pay in lieu
park fees instead of accepting the proposed park land
dedication (refer to attached memorandum from Community
Services Director) . Staff subsequently recommended to the
applicant that an alternative plan be submitted which did not
include a park site.
6. Some analysis of whether the mandated parking can still be
met.
Pursuant to Staff's discussion with Richard Devericks on July
30 , 1990 , the applicant has not yet finalized the proposed
building uses. Therefore, Staff has not yet been able to do
a parking analysis. The applicant further stated that the
architect will do a parking analysis prior to the City Council
meeting of August 1 , 1990 .
7. Discussions with the Town Center regarding connection of this
project with the Town Center.
Staff discussed this issue with Mr. Devericks on July 26 , 1990
who stated that he would have the architect prepare a
conceptual drawing of a design of having the two shopping
centers linked together. Regarding this issue, a letter was
sent From Ventura Pacific Capital Company on September 13 ,
1989 to Ms. Anesta Pasch (LaCagnina & Associates) indicating
the City's interest to provide a vehicular opening to Park
Lane and across into the proposed Mission Bell Plaza Shopping
Center. Mr. Devericks indicated in the letter that he did was
not opposed to opening the access between the two centers and
that he would be in a position to make minor adjustments in
the center's access point to coincide with any access plans
5
'The Honorable City Council
July 31, 1990
between the two centers that the other center may have. It
was also indicated in the letter that the subject regarding
the abandonment and closure of Park Lane was introduced as
part of the discussion; however, that Mr. Devericks did not
feel it prudent to close Park Lane as it serves an integral
part of the delivery truck circulation pattern for both of the
shopping centers.
Mr. Devericks indicated that the owners of the adjacent
shopping center did not indicate an interest in opening up
access between the two shopping centers.
8. Clear explanation of why staff recommends the north/south
connector between Los Angeles and Poindexter Avenues.
"To be addressed by the City Engineer.
9. Provide copy of the original submission by Ken Macleod.
A copy of the May 1989 plans submitted by Mr. Macleod were
provided to the Council on Friday, July 27 , 1990.
10. Discussion with Burger King regarding their proposed play area
- like to see the largest play area they can currently
support.
This issue was discussed with Mr. Devericks on July 26, 1990
who indicated that Burger King did not plan to have an outdoor
recreational area, that the proposed recreational area was
planned inside the building.
Recommendation
Consider this information prior to reaching your decision on the
referenced entitlement requests.
Attachments:
Sections 51 . 2 , 51 . 3 , and 51 . 4 of the State Civil Code
Memorandum from Director of Community Services dated 5-10-90
Economic Benefit Analysis
Letter dated June 26, 1990 regarding water & sewer
availability
Letter dated July 27, 1990 regarding Burger King
Mission Bell Plaza Entry Study received July 30 , 1990
Letter dated July 30 , 1990 with renderings regarding
reciprocal access.
Memo dated July 30 , 1990 from John Knipe regarding Liberty
Bell Road extension
PJR30JUL9/PJR/DST/PP
6
ITEM= to
STAFF REPORT
TO THE
CITY OF MOORPARK CITY COUNCIL
MISSION BELL PLAZA COMMERCIAL PLANNED DEVELOPMENT PERMITS 89 -1 AND 89 -2
TENTATIVE PARCEL MAP LD- M -89 -2
GREENLEAF APARTMENT PROJECT
RESIDENTIAL PLANNED DEVELOPMENT PERMIT 89 -1
SECTION I. GENERAL INFORMATION
A. Hearing Date: July 25, 1990
B . Hearing Time: 7:00 pm
C. Hearing Location: City Council Chambers, City Hall
799 Moorpark Avenue
Moorpark, California
D. Case Nos:
E. Staff Contact:
CPD 89 -1 and 2; LD- M -89 -2; and RPD 89 -1
MOORPARK, CALIFORNIA
City Counoll Meeting
of T,/2 4— 199,.
ACTION: LK
ey-
Paul Porter; Senior Planner (commercial portion)
Debbie Traffenstedt; Senior Planner (residential portion)
F. Applicant: Ventura Pacific Capital Company
Post Office Box 179
Camarillo, California 91(111
Macleod Construction Companv
Post Office Box 3677
Ventura, California 9301x,
� "'OORPARK, CALIFG;
City Council Meeiinj
of
199.
ACTION: �r ►;.+
d t
By
PHASE I
Summary
(NET) 768,659 sf lane area
176. 232 sf gross bldg area
3.3 /i land-to-bldg regid
735 stalls�rov -d
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93110 .toll •lx•
s.exte coop"t
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PHASE II
Summary
(NET) i, 841. 284 sf land area
42.3 •u'„
rco
la
372.484 sf gross bldg area
3.9 /1 land -to -bldg ratio
X 1490 stalls req d
Ioo
2400 stalls�rov'd
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Summary
,
sxxa .toll .lxo
(NET) 2. 609. 359 sf land
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3.8 /1 land -to -bldg ratio
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„yCoIl Meeting 8/ 1 r /ef.
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- Q
By --• ff./ ' STAFF REPORT
/ TO THE
/ CITY OF MOORPARK CITY COUNCIL
MISSION BELL PLAZA COMMERCIAL PLANNED DEVELOPMENT PERMITS 89-1 AND 89-2
TENTATIVE PARCEL MAP LD-M-89-2
GREENLEAF APARTMENT PROJECT
RESIDENTIAL PLANNED DEVELOPMENT PERMIT 89-1
MOORPARK, CAUFORNIA
City Coy�ll Meeting
SECTION I. GENERAL INFORMATION of t/2 5 199,43
ACTION: L'
A f/ ;Cr,
A. Hearing Date: July 25,1990 /SO,
By
B. Hearing Time: 7:00 pm
C. Hearing Location: City Council Chambers, City Hall
799 Moorpark Avenue
Moorpark, California
D. Case Nos: CPD 89-1 and 2;LD-M-89-2;and RPD 89-1
E. Staff Contact: Paul Porter;Senior Planner (commercial portion)
Debbie Traffenstedt;Senior Planner (residential portion)
F. Applicant: Ventura Pacific Capital Company
Post Office Box 179
Camarillo, California 93011 MOORPARK, CALIFO,^,\;,
City Couincll Moolinj
Macleod Construction Company of8-
Post Office Box 3677 —rte—
—19912
Ventura, California 93006 ACTION:
•
I
By a Are
G. Requested Actions:
1. That the City Council certify the EIR as an adequate and complete
description of the future environment to be brought about by this project.
2. That the City Council the approval of Commercial Planned Development
Permits CPD-89-1 and 2; LD-M-89-2;and Residential Planned Development
Permit 89-1 that would permit the construction and operation of a retail
commercial complex consisting of a market,a drug store, retail commercial
shops, perimeter structures, parking lots and landscaped areas; the
subdivision of a 23.27-net acre parcel of land into two lots; and the
construction and operation of 136 apartment typed units (68 of which would
be senior units).
-OR-
1. That the City Council deny certification the EIR as an adequate and
complete description of the future environment to be brought about by this
project.
2. That the City Council deny Commercial Planned Development Permits CPD-
89-1 and 2; LD-M-89-2; and Residential Planned Development Permit 89-1
that would not allow the construction and operation of a retail commercial
complex consisting of a market, a drug store, retail commercial shops,
perimeter structures, parking lots and landscaped areas; the subdivision of
a 23.27-net acre parcel of land into two lots; and the construction and
operation of 136 apartment typed units(68 of which would be senior units).
H. General Plan/Zoning/Existing Land Use:
The Land Use Map of the City of Moorpark General Plan designates the
site as General Commercial and Residential. The site is currently zoned
CPD (Commercial Planned Development) and RPD (Residential Planned
Development). The site is presently vacant.
I. Project Summary/Location:
The proposed project is generally situated between Los Angeles Avenue to
the south, Poindexter Avenue to the north, an existing single family
residential community to the west and Park Lane and an existing school to
the east.
The project is generally comprised of three parts that include: (1) a 669,274
square foot retail commercial project (the lower commercial project)
component; (2) a second commercial component (the upper commercial
component) proposed as a 56,000 square foot medical office complex and
child care center with associated parking and landscaped areas; and (3) a
132 unit apartment type complex.
The characteristics of each of these project components is described in
detail in the attached Planning Commission staff reports.
J. Summary of the Planning Commission Hearings:
The City of Moorpark Planning Commission met on three different occasions,
took public testimony and provided extensive discussion regarding the merits
of the proposed project. Subsequent to this review the Planning Commission
recommended that the City Council not certify the EIR as adequate and
complete and to deny the proposed project components. The rationale for their
decision is identified in the Planning Commission Resolution to the City
Council that is attached to this report as Attachment B.
SECTION II: RECOMMENDED CITY COUNCIL ACTIONS
A. Staff Recommendation:
Staff recommends that the City Council open the public hearing, take
testimony from all those wishing to give testimony, close the public
hearing and recommend approval of Resolution Nos. . and
, recommending certification of the EIR, consider the project findings
attached as part of this staff report for the Commercial Planned
Development Permit CPD-89-1 and 2; Tentative Parcel Map LD-M-89-2;
and Residential Planned Development Permit 89-1 subject to the
recommendations, and conditions as stated in Section VIII of the attached
Planning Commission staff report.
B. Alternative City Council Action:
1. Open the public hearing, take testimony from all those wishing to give
testimony, and close the public hearing. Find that it has reviewed and
considered the Project Findings attached to this Staff Report. Find that,
based upon the staff report and testimony presented at this public hearing,
the City Council deny Commercial Planned Development Permit CPD-89-1
and and 2; Tentative Parcel Map LD-M-89-2; and Residential Planned
Development Permit 89-1 without prejudice, given a re-design of the
proposed project given the specific findings for such a recommendation.
-OR-
2. If the applicant concurs, withdraw the project and re-submit a
redesigned plan of development more in keeping with City Council
recommendations.
ATTACHMENT 1
Staff Reports and Conditions
STAFF REPORT
MISSION BELL PLAZA (LOWER COMMERCIAL)
COMMERCIAL PLANNED DEVELOPMENT PERMITS 89-1 AND 89-2
TENTATIVE PARCEL MAP LDM-89-2
June 11, 1990
The Planning Commission should note that individual staff reports have been prepared for both the
lower commercial (i.e., the proposed Mission Bell Plaza) and upper commercial project elements.
However,case numbers CPD 89-1, CPD-89-2 and Tentative Parcel Map LDM-89-2 apply to both project
elements,and only one action will be taken by the commission for both projects.
STAFF REPORT
MISSION BELL PLAZA(LOWER COMMERCIAL)
COMMERCIAL PLANNED DEVELOPMENT PERMITS 89-1 AND 89-2
TENTATIVE PARCEL MAP LD-M-89-2
SECTION I. GENERAL INFORMATION
A. Hearing Date: June 11,1990
B. Hearing Time: 7:00 pm
C. Hearing Location: City Council Chambers, City Hall
799 Moorpark Avenue
Moorpark, California
D. Case Nos: CPD 89-1 and 2;LD-M-89-2(Lower Commercial)
E. Staff Contact: Paul Porter;Senior Planner
F. Applicant: Ventura Pacific Capital Company
Post Office Box 179
Camarillo, California 93011
Macleod Construction Company
Post Office Box 3677
Ventura, California 93006
LOWER COMMERCIAL
PROJECT VICINITY 'MAP
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LOS ANGELES V UE
G. Requested Actions:
1. Recommend that the City Council certify the EIR as an adequate and
complete description of the future environment to be brought about by this
project.
2. Recommend to the City Council the approval of Commercial Planned
Development Permits CPD-89-1 and 2 and LD-M-89-2 that would permit the
construction and operation of a retail commercial complex consisting of a
market,a drug store,retail commercial shops, perimeter structures,parking lots
and landscaped areas;and the subdivision of a 23.27-net acre parcel of land into
two lots.
H. General Plan/Zoning/Existing Land Use:
The Land Use Map of the City of Moorpark General Plan designates the site as
General Commercial. The site is currently zoned CPD(Commercial Planned
Development). The site is presently vacant.
I. Project Summary/Location:
The proposed retail commercial project is situated on a 16.65 acre(725,274 sq.
ft.)site abutting Los Angeles Avenue to to south. The site is also bounded on the
east by Park Lane,on the north by the proposed Lassen Avenue extension and on
the west by an existing single family residential neighborhood.
J. Previous Planning Commission Hearings:
PD 101A and LD-M-9;a proposed subdivision of four(4)parcels and the
construction of 287 rental units in 1986 by G.H.Palmer Associates
SECTION II: RECOMMENDED PLANNING COMMISSION ACTIONS
A. Staff Recommendation:
Staff recommends that the Planning Commission open the public hearing, take
testimony from all those wishing to give testimony,close the public hearing
and recommend approval of Resolution Nos._and ,recommend City
Council certification of the ER, consider the project findings attached to this
staff report the Commercial Planned Development Permit CPD-89-1 and
Tentative Parcel Map LD-M-89-2;subject to the recommendations,and
conditions as stated in Section VIII of this staff report.
B. Alternative Planning Commission Actions:
1. Open the public hearing, take testimony from all those wishing to give
testimony, and close the public hearing. Find that it has reviewed and
considered the Project Findings attached to this Staff Report. Find that,based
upon the staff report and testimony presented at this public hearing,the
Commission recommend denial of Commercial Planned Development Permit
CPD-89-1 and and 2 and Tentative Parcel Map LD-M-89-2 without prejudice,
given a re-design of the proposed project given the specific findings for such a
recommendation.
-OR-
2. If the applicant concurs,withdraw the project and re-submit a redesigned
plan of development more in keeping with Planning Commission
recommendations.
SECTION III: PROJECT SUMMARY
1. Project Features:
Following is a summary of the features of this project as compared to the City Zoning Ordinance Code
Requirements:
CPD-89-2 City Requirements
Land Area 16.65 acres no requirement
(725,274 sq. ft.)
Building Area, Total 196,492 sq. ft. no requirement
Site Coverage 27.1% no requirement
Parking 904 spaces 858 spaces required*
Landscape Area,Gross no information on the site plan 72,527 sq. ft. (10%)
(858 space requirement is based on one space per 300 square feet of gross commercial floor area,one
space for each 300 square feet of restaurant gross floor area plus one(1)space for each(3)seats or serving
areas, plus one (1) space for every service station pump island, one for each lube rack, and one (1) for
each work rack
2. Setbacks:
The lower commercial project site fronts on Los Angeles Avenue between Park Lane and the proposed
extension of Liberty Bell Avenue. Additionally,this project component includes a small portion of land
located west of the proposed extension of Liberty Bell Avenue. The area of land between Liberty Bell
Avenue and Park Lane is considered to be a double corner lot which requires that front and street side
setbacks in the CPD Zone to be located 100 feet from the centerline of any public road based on Section
8160-4-2-2 of the Zoning Ordinance. As indicated on the site plan buildings on Pads A and B are located
within the front setback as well as shop numbers 3, 4 and 6. However, the CPD Zone allows for
variations in these setbacks when specified in the Commercial Planned Development Permit.
3. Height•
The elevations indicate that the buildings located in the lower commercial component will be single
story and range in height from 22-30 feet. Section 8160-1.2.2 of the Zoning Ordinance states that the
maximum height in the CPD Zone is 75 feet or six stories
4. Parking-
The applicant is proposing to provide a total of 904 parking spaces. Based on Section 9.13.070 of the
City of Moorpark's Parking Ordinance 858 spaces are required.
5. LoadingZones:
For commercial project elements in excess of 80,000 square feet zoning ordinances require(1)one delivery
van space and (1) one semi truck space are required. Project plans indicate six loading areas that are
comprised of van and semi-truck loading facilities.
6. Access:
Construction of the proposed lower commercial component would facilitate the need for the extension of
Liberty Bell Avenue and the improvement of Park Lane in order to provide better access onto the project
site. A main project entrance(40 foot wide driveway)and two secondary entrances that would be 35 foot
driveways are also proposed to be located along the Los Angeles Avenue frontage. Additionally there
are proposed to be six 35 foot wide driveways located along the proposed Liberty Bell Avenue
extension. Two driveways are proposed along Park Lane
7. Landscaping:
A preliminary landscape plan has been submitted. The plan indicates a landscaped area along the
eastern, southern and western perimeter of the project site (along the southern reach of Liberty Bell
Avenue) and a small area in the northwestern portion of the project site. As stated in 8130-2.3 of the
Zoning Ordinance the total site area devoted to landscaping shall in no case be less than ten percent of
the overall lot area. Additionally, Section 9.13.110 (d) states that open parking areas shall contain a
minimum ten percent of their area to landscaping. This area shall be computed on the basis of the net
parking facilities which includes parking stalls, access drives, aisles, and walkways, but shall not
include required landscaping adjacent to streets. As proposed the project is in conformance with these
ordinance requirements.
8. Architectural Description:
As proposed, the commercial buildings would be constructed of concrete block with a stucco plaster
finish and a mission style design similar to other commercial projects on Los Angeles Avenue. These
buildings will have a plaster exterior, ceramic tile accents and clay tile roofing. The window frames
are proposed to be a medium bronze anodized material.
Given that the proposed architectural style is reflective of structures that have been recently
constructed in the City and along Los Angeles Avenue, staff has determined that this architectural
style would be consistent with the surrounding architecture and environment. However, other design
styles are identified in the EIR that may better reflect the architectural theme of the City of
Moorpark and a critique of the proposed projects architectural style is discussed later in this staff
report.
B. Parcel Map: LDM-89-2
Macleod Construction Co.is requesting a parcel map for the subdivision of the commercial property into
two parcels to facilitate ownership requirements. Additionally, the Parcel Map will re-align the
proposed extension of Lassen Avenue from a curved road with a cul-de-sac to a straight road without a
cul-de-sac.
Section 8213 of the City's Map Requirement Ordinance requires that the proposed lots conform with the
zoning regulations in terms of minimum area, width, and length. Additionally, if a division of land
results in a lot or parcel which only access is obtained by way of an easement, the easement shall be
considered a public road or street for purposes of determining setbacks, building lines and yard
requirements.
In addition to compliance with the City's parcel map requirements the findings as stated in Section
66474 of the Subdivision Map Act shall also be met and are listed below.
If any of the following findings cannot be met, the legislative body may deny the proposed Parcel Map.
(a) The proposed map is consistent with applicable general and specific plans as specified in Section
65451. As the project is considered consistent with the land use designations and most applicable
General Plan policies.
(b) The design or improvement of the proposed subdivision is consistent with applicable general plan
and specific plans. As the project is considered consistent with the land use designations and most
applicable General Plan policies.
(c) The site is physically suitable for the type of development proposed. No physical environmental
constraints are known to occur on the site that would preclude this type of development. This data is
based on information provided in the City of Moorpark Initial Study and the Draft EIR.
(d) The site is physically suitable for the proposed density of development as no density requirements
are known to occur in commercial areas. Further, in most cases the project does meet all setback
requirements,parking requirements,and landscaping requirements.
(e) The design of the subdivision or the proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
Although the Draft EIR does indicate that for the majority of the topics assessed, the project would not
significantly impact the physical environment. However, this project would result in several
significant and unavoidably significant adverse impacts that would require a Statement of Overriding
Considerations.
(0 The design of the subdivision or type of improvements is not likely to cause serious public health
problems. This project would be required to conform with all applicable state and local requirements
that govern this projects safe operation.
(g) The design of the subdivision or the type of improvements will not conflict with easements,
acquired by public at large, for access through or use of, property within the proposed subdivision. If a
conflict with easements occur, the governing body may approve a map if it finds that alternate
easements, for access or for use, will provided, and that these will be substantially equivalent to ones
previously acquired by the public.
It is staffs opinion that the proposed subdivision of land and re-alignment of Lassen Avenue is
consistent with the requirements of the City and the Subdivision Map Act in that the lots and street
will be consistent with the General Plan and are of adequate size and shape to accommodate the
proposed development.
SECTION IV: CONFORMANCE WITH THE GENERAL PLAN
The requested commercial development is considered consistent with some General Plan policies that
apply to commercial projects as identified in the City of Moorpark General Plan and inconsistent with
others. Pertinent policies and a brief analysis are provided below.
GOAL — To concentrate business facilities in compact areas and discourage them in linear strings along
major and secondary traffic arterials
ANALYSIS — The project can be considered a strip commercial center that is planned along Los Angeles
Avenue and is considered inconsistent with this planning goal.
GOAL — To provide for shopping centers which will provide a variety and quantity of goods and
which will be in an appropriate location and have appropriate access to major roads.
ANALYSIS — The project is to be located on land that has been planned for commercial uses of this
type. The center does provide for a variety of goods and services and is accessible from a major
roadway. For these reasons this project is considered consistent with this General Plan goal.
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: existing strip
commercial development should be encouraged to consolidate driveways, provide adequate parking
areas and landscaped areas.
ANALYSIS — The project as proposed is of generally good design for its intended purpose (i.e.,a strip
commercial center), and includes provisions for site landscaping, parking, access, and is considered
architecturally compatible with the adjacent commercial center and newer development projects along
Los Angeles Avenue. The project is considered a strip commercial center, and does not consolidate
driveways. Therefore, the project is considered partially consistent with this policy.
POLICY 3 — To encourage commercial developments to adopt a harmonious architectural style with
appropriate landscaping and buffer area.
ANALYSIS — As proposed,the projects proposed architecture is considered consistent with this policy
as the projects architecture is considered to be similar and harmonious with the adjacent commercial
development and other newer commercial projects along or near Los Angeles Avenue.
POLICY 4 — To provide for a range of commercial facilities which serve the residents of the
community and encourage new employment opportunities.
ANALYSIS — The proposed project is considered consistent with this policy. As proposed, the project
would provide Moorpark residents a range of commercial facilities and would encourage and/or require
new employment opportunities.
POLICY 5 — To provide adequate and appropriate traffic movement on adjoining arterials with
relation to location of commercial uses.
ANALYSIS — Project implementation would result in traffic levels of service on nearby intersections
that would exceed identified City standards post mitigation. Therefore, this project is not considered
consistent with this policy. It should be noted that any project proposed at this location would result in
similar impacts,given the congestion that currently occurs in the City.
Air Ouality
GOAL 1 — To promote a level of air quality which protects the public health, safety and welfare and
meets or surpasses state and Federal primary and secondary standards.
ANALYSIS — As proposed, this project element is considered consistent with the AQMP, but would
result in both short and long term project related emissions that cannot be mitigated to levels of
insignificance. Therefore, this project is not consistent with this goal.
POLICY 1 — Patterns of development should be encouraged which will enhance air quality.
ANALYSIS — As proposed, this project element is considered consistent with the AQMP as the project
is compatible with City identified land use designations. However, this project would result in both
short and long term project related emissions that cannot be mitigated to levels of insignificance.
Therefore, this project is partially consistent with this policy.
POLICY 3 — Programs to improve air quality in the community should be promoted.
ANALYSIS — The project shall be required to implement numerous mitigation measures. However,
this would result in both short and long term project related emissions that would remain significant.
Therefore, the proposed project is considered partially consistent with this policy.
Education
GOAL 4 — To discourage and closely regulate the size and frequency of signs and advertising
billboards.
ANALYSIS — As proposed, no formal sign program has been proposed. It is noted in this staff report
that too many monument signs are proposed and recommends their reduction. In addition conditions
indicate that a formal sign program be developed that would result in an organized sign plan.
Together, these requirements shall ensure consistency with this goal.
POLICY 6 — Encourage functional buffer areas and landscaping to make commercial and industrial
development attractive and unobstructive.
ANALYSIS — The project does incorporate perimeter and site landscaping including decorative walls
that would buffer the project from the adjacent commercial, school and residential areas. However, the
project would be highly visible from these off-site locations. It is concluded that this project is in
partial conformance with this policy.
Community Identity
POLICY 1 -- To encourage quality and effective controls in urban design through thoughtful and
consistent plans and programs such as architectural controls.
ANALYSIS — The project will undergo substantial review that will focus on design and architectural
controls. Many recommendations are incorporated as part of this staff report that focus on
improvements to this project's architecture. Given this planning, this project, and its process, is
considered consistent with this policy.
Transportation
GOAL 3 — To discourage free access on major arterials by minimizing the number of private driveways,
roads and minor public roads.
ANALYSIS — Project implementation would result in traffic levels of service on nearby intersections
that would exceed identified City standards post mitigation. Further, the project as proposed
incorporates an excessive number of driveways that might lead to congestion on and off-site. Therefore,
this project is not considered consistent with this policy.
GOAL 5 — To minimize traffic congestion by controlling access to major arterials and providing for
consistent coordination between land use and transportation planning.
ANALYSIS — Project implementation would result in traffic levels of service on nearby intersections
that would exceed identified City standards post mitigation. Further, the project as proposed
incorporates an excessive number of driveways that might lead to congestion on and off-site. Therefore,
this project is not considered consistent with this policy.
GOAL 8 — To provide for visual amenities along major roads to make them attractive as well as
convenient to the people of Moorpark.
ANALYSIS — Other than some perimeter landscaping and entry features, little provision is made for
visual amenities to be located along Los Angeles Avenue. The staff report recommends further
architectural treatments along this roadway. At this time, the project can only be considered partially
consistent with this policy.
POLICY 5 — Planting and landscaping along major arterials shall be encouraged so as to mitigate
visual and erosion problems.
ANALYSIS — Other than some perimeter landscaping and entry features, little provision is made for
visual amenities to be located along Los Angeles Avenue. The staff report recommends further
architectural treatments along this roadway. The project can only be considered partially consistent
with this policy.
SECTION V: ANALYSIS
A. Site Plan Design
The shopping center is planned in a traditional linear arrangement with over 85% of the building floor
area stretched in a line from the southwest corner of the site around to the market and on to the
southeast corner of the project site. This linear arrangement of the structures was developed to provide
each tenant with full street storefront (and sign) orientation.
As proposed, the primary tenants will be set back from Los Angeles Avenue approximately 500 feet and
a large parking lot and several small structures will separate the buildings from the street. Staff is
concerned that obstructions presented by buildings and landscaping along Los Angeles Avenue will
largely defeat the advantage of tenant visibility, and will force a demand for additional street
signage. Staff recommends that some architectural elements such as portals, arcade facades or pylons
be placed along the southern project boundary. These entry treatments would provide a visual gateway
to the project and form a more pleasing edge along Los Angeles Avenue. Such an arcade or system of
portals would both define and announce the project. as well as to suggest that there is a coherent total
development that encompasses the entire project site.
A major drawback of the linear design is that pedestrian access within the center is discouraged due to
the distance one must walk to traverse the site. As an alternative, clustered shops with smaller
parking lots arranged around and within the clusters would present a more "pedestrian-friendly'
environment.Staff is concerned that the present site plan would result in an unnecessary dependance on
the automobile usage to,from,and within the proposed project.
B. On-site Circulation and Parking
The major entry to the site from Los Angeles Avenue provides a divided road with a landscaped
median. However, this entry ends abruptly in a parking island, making circulation confusing and
congested at this point. Staff recommends, therefore, that the landscape entry median be continued to
the market portal and be provided with a landscaped and lighted pedestrian walkway. Special
paving should connect the north end of this median with the arcade in order to mark the pedestrian
crossing at this point and slow car movement. This recommended design would provided clear visibility
and access to the center.
The market portal shows a narrowing of pavement in the area where most people will be pulling up to
pick up their groceries. Rather than narrowing the pavement in this area, it should be widened to
allow for through movement as well as for cars wishing to pull over for pick-ups.
On-site vehicle circulation is primarily oriented toward the main parking lot. Five of the site's
fourteen entry points lead directly to this area. Circulation within the main parking area is provided
by a grid of north-south drive aisles and two east-west collector aisles. A single north-south aisleway
from the primary entry point provides additional circulation.
The size of the main parking lot and its central location identifies the center as a vehicle-oriented
project. Many patrons will face walks of 150 feet or more to the shops from their vehicles. As noted in
the section on site plan design, staff is concerned that the central parking area does not present a
pedestrian oriented environment that might be achieved through a more clustered development
concept.
Behind the main string of buildings, parking and circulation is provided for 134 vehicles. Staff
believes that this area will not be widely used for patrons, and is better suited to employee parking.
Staff recommends that the project be conditioned to require employees to use the rear parking lots.
Two loading docks for the market and drugstore are indicted in the rear lot area. While there appears
to be adequate, though not ample room for the circulation of trucks, staff is concerned that the loading
dock for the market is too near the child care center. Although a screen wall or vegetation is proposed,
the loading dock is directly accessible from the day care center and parking lot,and could be a source of
noise, trash and safety hazards.
Staff recommends that the dock be relocated away from the care center structures,and also recommends
that there be no circulation permitted with the care centers near the loading dock. Finally, staff notes
that the loading/trash area behind shop #8 near Park Lane is awkwardly shaped, and staff
recommends that it be redesigned.
Parking and circulation for the westerly commercial area is provided in a looped configuration. Access
and availability of spaces generally appears acceptable in this area. However, as noted below, staff is
concerned with the number and design of the driveway entry points particularly the five locations
along Los Angeles Avenue. Caltrans has recommended that no access other than the extension of
Liberty Bell Avenue and Park Lane be permitted. Additional access points along Los Angeles Avenue
would require Caltrans review and approval.
Fourteen access driveways are shown on the circulation plan. Several of these appear redundant,
especially on Liberty Bell Avenue. Reducing the number of access points reduces hazards and
complexity of circulation on surrounding public streets. Staff recommends elimination of the driveways
near restaurant pads "A" and "B".
Access into the commercial center is also impacted by inadequate vehicle stacking areas on the
driveways. Only the primary driveway from Los Angeles Avenue and the Park Avenue driveways
provide adequate stacking distance for vehicle queues. Additional lane distance is recommended at
other entries to avoid conflicts between vehicles entering/exiting the site and vehicles attempting to
park in nearby spaces. A minimum of sixty feet of stacking length is recommended.
As noted above, pedestrian circulation is not supported by the vehicle circulation plan. Staff is
concerned that the six-foot wide sidewalk in front of the primary tenant would further discourage
pedestrian circulation in the site, and act to place pedestrians in a hazardous condition while entering,
leaving,or passing in front of the market.
C. Landscaping
Landscape strips within and around the center compose the primary green space on the site.
Preliminary landscape plans have been supplied; however, staff is concerned regarding the
effectiveness of the proposed landscaping and its ability to soften views of the proposed structures,
parking areas and their associated vehicles. Staff is concerned that in areas of the site where parking
fronts onto Los Angeles Avenue, no landscaping is proposed that would limit views of the parked cars
and would be unattractive to off-site viewers. Of the landscape areas shown, the largest is an area at
the northwest corner of the site, which would not contribute to enhancing views of the commercial
center. Although the project would meet all code requirements, staff is concerned that the amount of
landscaping for the entire commercial center is minimal and will be insufficient to soften the
appearance of the large asphalt parking areas. Staff is concerned with the plant pallet proposed by
the applicant. Review and approval by the City is recommended prior to the issuance of building
permits. Landscaping plans shall include temporary landscaping particularly for the upper
commercial area that may remain in a raw graded condition for some time.
No landscaping has been provided for the northerly perimeter of the development, and staff
recommends that landscape materials be chosen to provide a more lush setting in this portion of the
site. this landscaping would serve to screen views of the rears of the commercial structures from the
proposed day care center and medical office buildings.
Further, no significant landscaping is proposed along the eastern or southern site perimeters, or along
the southern reaches of Liberty Bell Avenue. Project plans do indicate a linear grass strip with a
meandering sidewalk in these areas. However, staff is concerned that the width of these areas do not
allow for earthen berms or other more substantial landscaping that would shield views of the parking
areas. Staff believes that these amenities would provide a more pleasing view of the project from off-
site viewing locations.
Hardscape treatments includes driveways, parking areas, and sidewalks. The site plan indicates the
use of decorative paving materials at most driveways, and a small court area is shown in a corner near
shop #8. Staff recommends that additional decorative paving be incorporated into the plan to provide
visual relief to the expanse of parking lot area.
No provision is made in landscaped areas for the incorporation of additional outdoor seating areas.
Staff recommends that outdoor seating areas with appropriate shade trees and other appropriate
landscaping be provided as part of this proposed project. Seating areas should be located in portions of
the project that are buffered from high traffic and noise areas, and that they be located in the
proximity of food service land uses.
D. Signage
No formal sign program has been submitted for the center. The site plan indicates twelve free-standing
monument signs and two'pylon' signs. Staff is concerned that the proposed number of signs is excessive
for the site,and that the applicant is requesting fourteen signs primarily because of the 500 foot setback
created by the building placement and the resultant need for client advertisement.
Staff recommends that no 'pylon' signs be permitted and that monument signs be limited to one per
driveway on Park Lane, Los Angeles Avenue and Mission Bell Road. Staff further recommends that
these signs be limited to center identification only and should be externally lighted. Finally, staff
recommends that a tenant sign program be developed by the applicant and approved by the City prior
to issuance of a zone clearance to assure a consistent treatment of signs throughout the proposed project.
Tenant signs should be individual channel letters. No lighted window signs shall be permitted.
E. Architecture
The proposed elevations create an interesting roofline and do provide pedestrian shelter. However,
they would require considerable refinement during design development. Staff notes that the drawings
indicate that these are "generic designs and are subject to change." Staff is not looking for a generic
architectural style or solution but rather one that reflects specific design considerations based on the
specifics of the site. The essential need is to assure that if a Spanish motif is to be used, that the
building reflect authentic detailing which is typical of Spanish style.
The following discussion describes characteristics of the style, the response of the current design to
these characteristics,and staff suggestions for improving the design.
• The sense of weight and thickness and texture of materials is very important. Roof tiles are raw
clay, rough and thick. Surface paving often makes extensive use of Spanish clay pavers. Without
samples or specifications, staff cannot know what materials are proposed. However, staff recommends
that pavers, roof tiles, wall tiles, exterior plaster and other materials reflect the weight, thickness
and texture of the traditional spanish materials.
• There is a great use of detail and embellishment which enriches facades and creates patterns of
light and shadow in true Spanish architecture. This is created by a number of elements including
planter boxes,use of wood elements including trellises and rafters,use of tile and iron shapes for vents,
fences and decoration, and the decorative embellishment of windows, vents, gutters, downspouts and
lighting. The current design does provide some level of detail. However, it does not appear sufficient
to provide the level of visual variety, interest and authenticity which is needed. Staff recommends
that a greater amount of embellishment be provided, through careful detailing of the intersections of
materials such as the roof with the plaster facade to create more complex shadow patterns, the use of
heavy moldings, potential visibility and embellishment of the roof drainage system, decorative vents,
and other elements.
• Columns are used with proportions which suggest weight and mass. A variety of column shapes are
used, square, rectangular, cylindrical. The design makes extensive use of columns in the arcades.
However, there are such long unbroken stretches of columns that a greater variety is needed in column
design. Potentials are the alternating use of columns with circular and rectangular cross sections,and
the extension of some columns at their base to form benches,walls and planters.
• Thick walls, generally plastered (not stucco) with a broad, rough hand trowelled finish, are a
dominant aspect of the Spanish style. Windows located within walls are not broad transparent
enclosures, but deep-set indentations or punctures of the wall. However, the facade as proposed
appears to be flat and thin. The current glass facades of retail frontages also reinforces this thin
appearance in the applicants proposal. In addition to the more traditional treatment of these retail
facades discussed elsewhere, staff recommends that all exterior walls be designed to give the
appearance of solidity and thickness. This is achieved by such devices as rounding the corners of the
intersections of walls, the use of detailing to suggest thick walls such as engaged pilasters, thickening
wall ends to 12" or more in depth,the use of window,vent and similar punctures to emphasize the wall
thickness, use of splayed sides at punctures,and the use of a relatively rough plaster finish. The upper
portions of the proposed elevations appear excessively flat. More detail elements in this area could
include molding,decoration,and which give pattern and/or shadow lines in this area.
• Buildings at any scale are often assemblies of a variety of geometric forms which create an overall
highly articulate, complex and interesting combination of shapes which together cohere as a single
building. Exterior roof forms themselves are of a great variety: flat, pitched in two directions,
pyramidal, conical. Interior roof forms are often flat with wood rafters, trussed, vaulted, or
cylindrical. Staff recommends that a greater variety of roof forms be used, and that the several long
and unbroken lengths of roof along the facade be broken by articulation-changes in roof surface, roof
form, and roof height deliberately created to cast shadow lines and create visual interest. The internal
ceiling of the arcades would benefit from a more complex design which could include curved shapes such
as vaults or cylinders, and enriched flat ceilings supported by wood beams. While mini-towers and
other roof shapes are provided, these are not high enough to have significant effect from the street,
since the buildings are set so far back from Los Angeles Avenue. Staff recommends that one or more of
these mini-towers be extended on height to provide a focal point from the street. This will also help to
alleviate the linear appearance of the buildings.
• The types of arches do not appear sufficiently differentiated to provide the desired contrast and
breakup of the long elevation. Further,the combination of the two types of arches currently used in the
design appears inauthentic and incompatible, and not of sufficient contrast in designing. Staff
recommends that a greater variety of arch designs should be used,and that arch designs should contrast
strongly with each other. Examples of successful combinations of arches or spanning forms include half-
circle arches of distinctly differing height and diameter, and the combination of half-circle with flat-
lintel openings.
• Staff recognizes that such retail uses as proposed in the site plan are normally successful at only one
story. However, the regularity and singularity of this one story style creates a monotonous image.
Staff recommends that certain portions of the building be extended in height to create more of a two
story appearance. This should be considered for the market and drugstore. The architect has begun to
do this; however, the variance in height is not enough to make it noticeable. In doing so, these
extended stories should be well articulate through the use of indentations, tile insets, etc. Staff
recommends the incorporation of false second stories to increase structure articulature.
It is commendable that the restaurants are designed to appear consistent with the design of the retail
area. However, the restaurant and commercial designs appear too similar. They also appear
extremely boxey and flat. Staff recommends that the restaurant structures should be refined to have
some architectural elements that distinguish them from the commercial structures, yet remain
consistent with the intended design. These elements should give the building more pedestrian scale.
Staff suggests introduction of wood or tile accent,more roof articulation,more refinements in the design
and articulation of the columns,planting of columns with vines,and creating building indentations.
The use of glass within metal channels as the basic facade for the retail uses is inconsistent with the
Spanish theme. Therefore,staff recommends that glass and/or metal should not continue to the ground
plane. Consistent with the Spanish style, window openings should be as punctuations within a solid
wall. The design of the fronts of the stores should be given as careful consideration as the building
facade itself,and should be varied in elevation to provide interest along the very long frontage.
The proposed pedestrian arcade helps to provide shade and scale to the project. However, the effect is
quite sterile and imposing. The arcade appears to be of uniform width, leading to monotony and the
perception of excessive length. The arcade should be designed as a linear outdoor room, with areas of
emphasis supplied by landscaping, varying the width of the arcade, seating, designed locations of
news racks, and special use of wall and paving materials such as tile inserts and special floor
patterning. Landscaping could be made integral part of the arcade through the provision of planters at
the storefront and between or integrated with the columns. Regulations should be established for
controlling news racks,vending machines,public phones,advertising boards and other"street furniture"
which could compromise the design of the arcade. Staff recommends that the columns be planted with
climbing vines to provide more color, greenery and shade.
The site plan illustrates special paving at entrances into the center and at the market portal. More
information should be provided as to the design and material being proposed.
Consideration should be given to specialty paving underneath the pedestrian arcade, rather than just
continuous plain concrete. Staff recommends tile insets, colored concrete or a continuation of the
specialty paving proposed at Shop 8.
Site and building lighting is an important element of the design quality of the development. A lighting
plan is not shown. Staff recommends that a complete building and site lighting plan be submitted to the
City for design review and approval as a condition of granting a building permit. The lighting plan
shall incorporate a lighting study, to assure no spillover light occurs. Further, accent lighting shall be
incorporated where appropriate to accent project landscaping and architectural treatments. Low
profile lighting is recommended in these areas.
Staff notes that the row of shops along Park Lane appears to present two fronts - to the parking area
and to Park Lane. Typically, two storefront spaces are not preferred by tenants due to the security
problems posed by two entries, staff recommends that this elevation be carefully designed to present an
attractive view from the street.
F. Environmental Concerns
The Environmental Impact Report for the proposed project has determined that the project would have
several unavoidable, adverse, and significant environmental impacts. Specific impacts that are found
to be significant are listed below and would require the recommendation of a statement of overriding
considerations prior to project approval.
Short-term air quality impacts
Long-term air quality impacts
Short-term construction related noise
Long-term operational noise
Wastewater (i.e., treatment plant capacity)
Traffic
SECTION VI: STAFF RECOMMENDATION
Staff recommends that the Planning Commission direct staff to prepare a resolution to be considered at
the next regularly scheduled meeting of the Planning Commission (July 2, 1990), indicating that the
Planning Commission recommend City Council certification of the Environmental Impact Report
(stating that it has been prepared in accordance with CEQA and it is adequate and complete); and to
approve Commercial Planned Development Permit CPD 89-1, CPD 89-2 and LD-M-89-2 based on the
following reasons,findings and conditions and the design modifications recommended above.
SECTION VII: FINDINGS
If the Planning Commission chooses to recommend approval to the City Council, the following findings
maybe used:
CEQA: That the environmental effects discussed in the EIR prepared for Commercial Planned
Development Permits CPD 89-1 and 2 and LD-M-89-2 adequately covers the impacts of the subject
project pursuant to Section 15162 of the California Environmental Quality Act Guidelines, and certify
that this body has reviewed and considered the information contained in the Draft EIR and
recommends that the City Council certify the Final EIR as complete and adequate provided the
appropriate Statement of Overriding Considerations are made.
Subdivision Map Act Compliance: Based upon the information set forth above, it is determined that
the subject Tentative Parcel Map meets the requirements of Government Code Sections applicable to
the State of California Subdivision Map Act given the following.
- The proposed map is consistent with the applicable general and specific plans;
- The design and improvements of the proposed subdivision are generally consistent with the
applicable and general specific plans;
- The site is physically suitable for the type of development proposed;
- The site is physically suitable for the proposed density of development;
- The design of the subdivision and the proposed improvements are not likely to cause substantial
environmental damage that have not been disclosed in the Draft EIR;
- The design of the subdivision and the type of improvements are not likely to cause serious
public health problems;
- The design of the subdivision and the type of improvements would not conflict with easements,
acquired by the public at large, for access through or use of property within the proposed
subdivision.
- There would be no discharge of waste from the proposed subdivision into an existing community
sewer system in violation of existing water quality control requirements under Water Code
Section 13000 et sect,'and
- The proposed subdivision does not contain or front upon any public waterway, river, stream,
coastline, shoreline, lake or reservoir.
.q •i • . 1 , D • i . „ , ., i-: 11 : Based upon the information set
forthabove, it is determined that this application, with the attached conditions, meets the
requirements of the City of Moorpark Ordinance Code Section 8163-3 in that:
- The proposed use would be compatible with the existing and future uses within the zone and the
general area in which the proposed use is located;
- The proposed uses would not be obnoxious or harmful to the adjacent properties;
- The proposed uses would not impair the integrity and character of the zone in which it was
located;
- The proposed uses would not be detrimental to the public interest health, safety, convenience,
or welfare.
SECTION VIII: CONDITIONS OF APPROVAL
(attached)
SECTION DC: EXHIBITS
(exhibits illustrating the site plan and building elevations are attached to the rear of this staff report)
G. Requested Action:
1. Recommend that the City Council certify the EIR as an adequate and
complete description of the future environmental to be brought about by this
project.
2. Approve Commercial Planned Development Permit(CPD 89-1,89-2 and LD-
M-89-2) to construct and operate a 50,000 square foot medical office building and
6,000 square foot day-care center and subdivide a 23.2 net acre parcel of land
into 2 lots.
H. General Plan/Zoning/Existing Land Use:
The Land Use Map of the City of Moorpark General Plan designates the site as
General Commercial. The site is currently zoned Commercial Planned
Development (CPD). The site is presently vacant.
I. Project Summary/Location:
The proposed retail commercial project is situated on a 6.35 acre site abutting
the proposed extension of Lassen Avenue to the north,the proposed Mission
Bell Plaza to the south, Park Lane to the east,the future extension of Liberty
Bell Road and an existing residential neighborhood to the west.
J. Previous Planning Commission Actions:
PD-101A An application of G.H. Palmer Associates in 1986
SECTION II: RECOMMENDED PLANNING COMMISSION ACTIONS
A. Staff Recommendation:
Staff recommends that the Planning Commission open the public hearing,take
testimony from all those wishing to give testimony,close the public hearing,
consider the project findings attached to this report and recommend approval of
Resolution Nos. and ,certifying the EIR, and Commercial
Planned Development Permits CPD-89-1 and 2;and LD-M-89-2;subject to a
reduction in building square footage so as to meet current City parking
standards and those recommendations and conditions as stated in Section VIII of
this staff report.
B. Alternative Planning Commission Actions:
1. Open the public hearing,take testimony from all those wishing to give
testimony, and close the public hearing. Find that it has reviewed and
considered the project findings attached to this staff report. Find that,based
upon the staff report and testimony presented at this public hearing, the
Commission recommends denial of Commercial Planned Development Permits
CPD-89-1 and CPD-89-2 and LD-M-89-2 without prejudice,given a re-design of
the proposed project or additional project description information and giving
specific findings for such a recommendation.
-OR-
2. If the applicant concurs,withdraw the project and re-submit a redesigned
plan of development more in keeping with Planning Commission
recommendations.
SECTION III: PROJECT SUMMARY
A. Commercial Planned Development Permits CPD 89-1 and 2
1. Project Features
Following is a summary of the features of this project when compared to the City of Moorpark Zoning
Ordinance Requirements:
CPD-89-2 City Requirements
Land Area 6.35 acres no requirement
(276,606 sq. ft.)
Building Area, Total 56,000 sq. ft. no requirement
Site Coverage 20.3% no requirement
Parking 213 spaces 270 spaces required*
Landscape Area,Gross no information on site plan 27,661 sq. ft. (10%)
Parking Area Landscaping no information on site plan 10% of parking area
* (270 space requirement is based on one space provided for each 200 square feet of medical office floor
area and one space for each 300 square feet of all other commercial or office floor area).
2. Setbacks
The upper commercial project site is located between the proposed extensions of Park Lane and Liberty
Bell Avenue. It is expected that the buildings frontages will be oriented towards the east and west and
the rear of the buildings will be oriented towards the central portion of the site. This project component
is proposed to be located on a double corner lot and would be subject to setback requirements of Section
8160-4.2.2 which states that front and streetside setbacks in the CPD Zone are required to be 100 feet
from the centerline of any public road. As proposed, the day care facility as outlined on the project
plans is in compliance with the CPD setback requirements; however, the medical office building as
currently outlined does not meet setback requirements along the Lassen Avenue frontage. The CPD Zone
does allow for variation in these setbacks when specified on the Commercial Planned Development
Permit.
3. Height
Presently, the height of the proposed medical office and day care center buildings have not been
determined. However, based on the footprint of the buildings it can be assumed that they will be one
story and range in height from approximately 22 to 30 feet. Buildings in the CPD Zone cannot exceed a
height of 75 feet or six stories,based on Section 8160-1.2.2 of the Zoning Ordinance.
4. Parking
The applicant is proposing to provide a total of 213 parking spaces. Based on Section 9.13.070 of the
City of Moorpark's Parking Ordinance 270 spaces would be required. As the parking illustrated on the
site plan does not meet City ordinance requirements a variance would be required as part of the project
approval process or the amount of building square footage would need to be reduced. The amount of
building size reduction will depend on the proposed use and its impact on parking.
5. Access
Construction of the proposed upper(and lower)commercial component would result in the extensions of
Park Lane,Liberty Bell Avenue,and Lassen Avenue. Access to this project component would be obtained
from two 40 foot wide shared drive approaches located on Park Lane approximately 210 feet south of
Lassen Avenue,and other on Liberty Bell Road approximately 230 feet south of Lassen Avenue. Two 30-
foot driveways are also provided via the 40-foot paved Lassen Avenue that is proposed north of this
project component.
6. Loading Zones
For commercial project projects of this size, the zoning ordinance requires (2) two delivery van spaces.
At this time, only preliminary plans have been submitted and no delivery spaces are illustrated. Staff
is of the opinion that at least the proposed medical medical building be required to provide for at least
one(1)parking space.
7. Landscaping
A landscape plan has not been submitted indicating the percentage of site landscaping for this project
component. However, the site plan indicates a partial landscaped buffer along the southern perimeter
of the project site. As stated in 8130-2.3 of the Zoning Ordinance the total site area devoted to
landscaping shall in no case be less than ten percent of the overall lot area. Additionally, Section
9.13.110 (d) states that open parking areas shall contain a minimum ten percent of their area to
landscaping. This area shall be computed on the basis of the net parking facilities which includes
parking stalls,access drives, aisles, and walkways,but shall not include required landscaping adjacent
to streets. Given the project plans that are currently available, it cannot be identified weather or not
this project component would meet landscape requirements.
8. Architectural-Description
No elevations of the proposed medical and day care center buildings have been formally submitted at
this time. However, the applicant has stated that these buildings would be designed in a manner
consistent with the mission architectural style of the lower commercial project component. These
buildings are proposed to have a plaster exterior, ceramic tile accents and clay tile roofing. The
window frames are proposed to be medium bronze anodized material.
This architectural theme is reflective of structures that have been recently constructed in the City
including areas within close proximity of the proposed project site. Therefore, staff has determined
that this architectural style would be generally consistent with the surrounding architecture and
environment (please reference the additional discussion on this item in the companion staff report for
the lower commercial project component).
B. Parcel Map: LD-M-89-2
Macleod Construction Co. is requesting a parcel map for the subdivision of the commercial property into
two parcels to facilitate ownership requirements. Additionally, the Parcel Map will re-align the
proposed extension of Lassen Avenue from a curved road with a cul-de-sac to a straight road without a
cul-de-sac.
Section 8213 of the City's Map Requirement Ordinance requires that the proposed lots conform with the
zoning regulations in terms of minimum area, width, and length. Additionally, if a division of land
results in a lot or parcel which only access is obtained by way of an easement, the easement shall be
considered a public road or street for purposes of determining setbacks, building lines and yard
requirements.
In addition to compliance with the City's parcel map requirements, the findings as stated in Section
66474 of the Subdivision Map Act shall also be met and are listed below.
If any of the following findings cannot be met, the legislative body may deny the proposed Parcel Map.
(a) The proposed map is consistent with applicable general and specific plans as specified in Section
65451. As the project is considered consistent with the land use designations and most applicable
General Plan policies.
(b) The design or improvement of the proposed subdivision is consistent with applicable general plan
policies. As the project is considered consistent with the land use designations and most applicable
General Plan policies.
(c) The site is physically suitable for this
type of development. No physical environmental constraints are known to occur on the site that would
preclude this type of development. This data is based on information provided in the City of Moorpark
Initial Study and the Draft EIR.
(d) The site is physically suitable for the proposed density of development as no density requirements
are known to occur in commercial areas. Further in most cases the project does meet all setback
requirements,parking requirements,and it is expected to meet all landscape requirements.
(e) The design of the subdivision or the proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
Although the Draft EIR does indicates that for the majority of the topics assessed, the project would
not significantly impact the physical environment. However, this project would result in two
significant and unavoidable adverse impacts (i.e., construction related noise and traffic).
(f) The design of the subdivision or type of improvements is not likely to cause serious public health
problems. This project would be required to conform with all applicable state and local requirements
that govern this project's safe operation.
(g) The design of the subdivision or the type of improvements shall not conflict with easements,
acquired by public at large,for access through or use of property within the proposed subdivision. If a
conflict with easements occurs, the governing body may approve a map if it finds that alternate
easements, for access or for use, will provided, and that these will be substantially equivalent to ones
previously acquired by the public.
It is staffs opinion that the proposed subdivision of land and re-alignment of Lassen Avenue is
consistent with the requirements of the City and the Subdivision Map Act in that the lots and street
will be consistent with the General Plan and are of adequate size and shape to accommodate the
proposed development.
SECTION IV: CONFORMANCE WITH THE GENERAL PLAN
The requested commercial development is considered consistent with most General Plan policies that
apply to commercial projects as identified in the City of Moorpark General Plan and inconsistent with
others. Pertinent policies, and a brief analysis of each are provided below.
GOAL — To concentrate business facilities in compact areas and discourage them in linear strings along
major and secondary traffic arterials
ANALYSIS — The project is comprised of two separate structures and cannot be considered a strip
commercial center. Therefore,this project component is considered consistent with this planning goal.
GOAL — To provide for shopping centers which will provide a variety and quantity of goods and
which will be in an appropriate location and have appropriate access to major roads.
ANALYSIS — The project is to be located on land that has been planned for commercial uses of this
type. The upper commercial center does provide for some variety of goods and services and is
adequately served from existing and/or proposed roadways. For these reasons,this project is considered
consistent with this General Plan goal.
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: existing strip
commercial development should be encouraged to consolidate driveways, provide adequate parking
areas and landscaped areas.
ANALYSIS — No architectural elevations have been proposed for either structure. When provided,
the plans should be consistent with the design of the lower commercial center and should include
provisions for site landscaping, parking and access. Project consistency cannot be determined at this
time.
POLICY 3 — To encourage commercial developments to adopt a harmonious architectural style with
appropriate landscaping and buffer area.
ANALYSIS — No architectural elevations have been proposed for either structure. When provided,
the plans should be consistent with the design of the lower commercial center and should include
provisions for site landscaping, parking and access. Project consistency cannot be determined at this
time.
POLICY 4 -- To provide for a range of commercial facilities which serve the residents of the
community and encourage new employment opportunities.
ANALYSIS — The proposed project is considered consistent with this policy. As proposed, the project
would provide Moorpark residents an additional range of commercial facilities and would encourage
and/or require new employment opportunities.
POLICY 5 — To provide adequate and appropriate traffic movement on adjoining arterials with
relation to location of commercial uses.
ANALYSIS — Project implementation would result in traffic levels of service on two nearby
intersections that would exceed identified City standards post mitigation. Therefore, this project is not
considered consistent with this policy. It should be noted that any project proposed at this location
would result in similar impacts,given the congestion that currently occurs in the City.
Air Ouality
GOAL 1 — To promote a level of air quality which protects the public health, safety and welfare and
meets or surpasses state and Federal primary and secondary standards.
ANALYSIS — As proposed, this project element is considered consistent with the AQMP, and would
not exceed short or long term project related emissions. Therefore, this project is considered consistent
with this goal.
POLICY 1 — Patterns of development should be encouraged which will enhance air quality.
ANALYSIS — As proposed, this project element is considered consistent with the AQMP as the project
is compatible with City identified land use designations. Further, this project would not result in short
or long term project related emissions. Therefore, this project is consistent with this planning policy.
POLICY 3 — Programs to improve air quality in the community should be promoted.
ANALYSIS — The project shall be required to implement numerous mitigation measures. However,as
this project would not result in either short and long term project related emissions,the proposed project
is considered consistent with this policy.
Education
GOAL 4 — To discourage and closely regulate the size and frequency of signs and advertising
billboards.
ANALYSIS — As proposed, no formal sign program has been proposed. Specific recommendations
have been identified in this staff report that would mitigate signing impacts. Specifically, a formal
sign program shall be developed that would result in an organized sign plan. Together, these
requirements shall ensure consistency with this goal.
POLICY 6 — Encourage functional buffer areas and landscaping to make commercial and industrial
development attractive and unobstructive.
ANALYSIS — The project does incorporate perimeter and site landscaping including decorative walls
that would buffer the project from the adjacent commercial areas. Further, the project would not be
highly visible from off-site locations and would be of a more pedestrian scale. It is concluded that this
project is in conformance with this planning policy.
Community Identity
POLICY 1 -- To encourage quality and effective controls in urban design through thoughtful and
consistent plans and programs such as architectural controls.
ANALYSIS -- The project will undergo substantial review that will focus on urban design and
architectural controls. Many recommendations are incorporated as part of this staff report that focus on
this project's architecture. Given this planning, this project is considered consistent with this policy.
Transportation
GOAL 3 — To discourage free access on major arterials by minimizing the number of private driveways,
roads and minor public roads.
ANALYSIS — Project implementation would result in adverse traffic levels of service on two nearby
intersections post mitigation. However, the project as proposed incorporates a reasoned number of
driveways that would prevent congestion on and off-site. Therefore, this project is considered partially
consistent with this policy.
GOAL 5 — To minimize traffic congestion by controlling access to major arterials and providing for
consistent coordination between land use and transportation planning.
ANALYSIS — Project implementation would result in adverse traffic levels of service on two nearby
intersections post mitigation. However, the project as proposed incorporates a reasoned number of
driveways that would prevent congestion on and off-site. Therefore, this project is considered partially
consistent with this policy.
GOAL 8 — To provide for visual amenities along major roads to make them attractive as well as
convenient to the people of Moorpark.
ANALYSIS — Perimeter landscaping and entry features would provide adequate amenities for this
project element given its smaller scale. As no formal plans have been developed at this time, the
project can only be considered partially consistent with this policy.
POLICY — Planting and landscaping along major arterials shall be encouraged so as to mitigate visual
and erosion problems.
ANALYSIS — Perimeter landscaping and entry features would provide adequate amenities for this
project element given its smaller scale. As no formal plans have been developed at this time, the
project can only be considered partially consistent with this policy.
SECTION V: ANALYSIS
A. Site Plan Design
The project proposes to develop a medical and child care complex facing Park Lane, Liberty Bell
Avenue to the east and west and/or Lassen Avenue to the north. The proposed lower commercial project
component is situated to the south and only limited vehicle circulation is provided between these two
development components.
As proposed, four potential building pads are shown with small parking lots placed between. As
illustrated on the site plan, the buildings are located next to Lassen Avenue and appear to present a
more pedestrian scale in relation to the residential environment that is proposed to the north. The
smaller parking lots do not appear to dominate the site plan. Staff generally supports the design of
upper commercial site plan, however, additional information on building orientation and landscaping
is necessary to assure that pedestrian access and safety are provided prior to project approval. For
example, no meandering sidewalk similar to those proposed as part of the lower commercial project
component have been shown on the site plan.
B. On-site Circulation and Parking
On-site vehicle circulation is primarily oriented toward the three main parking lots, and each of the
four entry points lead directly to these areas. Circulation within the parking lots is provided by grid of
north-south drive aisles and one east-west collector aisle.
Staff believes that the circulation system is adequate; however, difficult turning movements may occur
for traffic entering the site via both the Park Lane and Liberty Bell entrances. Staff believes that
there is no need for driveways on Lassen Avenue. Circulation should be internalized.
Parking is for 213 vehicles provided throughout the site. City ordinances require 270 spaces. Staff is
concerned about the potential lack of available parking as it would promote parking on nearby
residential streets or in the proposed or existing residential neighborhoods and that the building size
should be reduced to meet code requirements.
The size of the main lots proposed as part of this project are of smaller scale and do not identify this
commercial component as a vehicle-oriented project. Only short walks would be required between
vehicles and the proposed uses.
C. Landscaping
Although not shown, it is expected that landscape strips would occur along the eastern and northern
portions of the project site. Along the western project boundary an approximately 30-foot landscaped
area is shown that lies adjacent to a landscaped area proposed as part of the lower commercial site
plan. No landscaping is illustrated along the projects southern border that would separate this project
from the lower commercial area. Staff is concerned that the small amount of landscaping for this
commercial component as it may be insufficient to soften the appearance of the asphalt parking areas.
Staff recommends that landscape materials be chosen to provide a lush residential setting to the site
particularly where the site abuts the lower commercial project component and that the area be
expanded.
No hardscape treatments are illustrated. Staff recommends that some hardscape elements (such as
sidewalk pavers and sitting areas) should be added to the site design and that additional decorative
paving be incorporated into the plan to provide visual relief to the parking lot areas.
D. Signage
No sign program has been submitted for the center. In the absence of such a plan,staff recommends that
no 'pylon' or pole type signs be permitted and that monument signs be limited to one per driveway on
Park Lane, Mission Bell Avenue and Lassen Avenue. Staff further recommends that these signs be
limited to center identification only. Finally, staff recommends that a tenant sign program be
developed by the applicant and approved by the City prior to construction to assure a consistent
treatment of signs throughout the center. All monument signs shall be externally lit, only channel
letters should be allowed,no lighted window signs should occur,and no lighted second story signs.
E. Elevations, Colors and Materials
At this time, no elevations, colors or materials for the buildings or signs have been submitted to the
City. The applicant has stated that building elevations would be provided at the time of building
plan submittal under a major modification request, and understands that the elevations would require
review and approval of the Community Development Director.
F. Environmental Concerns
The Environmental Impact Report for the proposed project has determined that the project would have
two unavoidable,adverse,and significant environmental impacts. Specific impacts that are found to be
significant are listed below and would require the recommendation of a statement of overriding
considerations prior to project approval.
Short-term construction related noise
Traffic
SECTION VI: STAFF RECOMMENDATION
Staff recommends that the Planning Commission direct staff to prepare a resolution to be considered at
the next scheduled meeting of the Planning Commission (July 2, 1990), indicating that the Planning
Commission recommends City Council certification of the Environmental Impact Report (stating that it
has been prepared in accordance with CEQA and it is adequate and complete); and to approve
Commercial Planned Development Permit CPD 89-1, CPD 89-2 and LD-M-89-2 based on the following
reasons,findings and conditions,and the design modifications recommended above.
SECTION VII: FINDINGS
If the Planning Commission chooses to recommend approval to the City Council, the following findings
maybe used:
CEOA: That the environmental effects discussed in the EIR prepared for Commercial Planned
Development Permits CPD 89-1 and 2 and LD-M-89-2 adequately covers the impacts of the subject
project pursuant to Section 15162 of the California Environmental Quality Act Guidelines, and certify
that this body has reviewed and considered the information contained in the Draft EIR and
recommends that the City Council certify the Final EIR as complete and adequate.
Subdivision Map Act Compliance: Based upon the information set forth above, it is determined that
the subject Tentative Parcel Map meets the requirements of Government Code Section 66474 applicable
to the State of California Subdivision Map Act given the following.
- The proposed map is consistent with the applicable general and specific plans;
- The design and improvements of the proposed subdivision are generally consistent with the
applicable and general specific plans;
- The site is physically suitable for the type of development proposed;
- The site is physically suitable for the proposed density of development;
- The design of the subdivision and the proposed improvements are not likely to cause substantial
environmental damage that has not been disclosed in the Draft EIR;
- The design of the subdivision and the type of improvements are not likely to cause serious
public health problems;
- The design of the subdivision and the type of improvements would not conflict with easements,
acquired by the public at large, for access through or use of property within the proposed
subdivision.
- There would be no discharge of waste from the proposed subdivision into an existing community
sewer system in violation of existing water quality control requirements under Water Code
Section 13000 et seq.•and
- The proposed subdivision does not contain or front upon any public waterway, river, stream,
coastline, shoreline, lake or reservoir.
• I. ' . . • . . . . .. • . • 01 . .. • . . •: Based upon the information set forth above,it
is determined that this application, with the attached conditions, meets the requirements of the City
of Moorpark Ordinance Code Section 8163-3 in that:
- The proposed use would be compatible with the existing and future uses within the zone and the
general area in which the proposed use is located;
- The proposed uses would not be obnoxious or harmful to the adjacent properties;
- The proposed uses would not impair the integrity and character of the zone in which it was
located;
- The proposed uses would not be detrimental to the public interest health, safety, convenience,
or welfare.
SECTION VIII: CONDITIONS OF APPROVAL
(attached)
SECTION IX: EXHIBITS
(exhibits illustrating the site plan and building elevations are attached to the rear of this staff report)
STAFF REPORT
GREENLEAF APARTMENT PROJECT
RESIDENTIAL PLANNED DEVELOPMENT PERMIT 89-1
TENTATIVE PARCEL MAP LDM-89-2
June 11, 1990
STAFF REPORT
GREENLEAF APARTMENT PROJECT
RESIDENTIAL PLANNED DEVELOPMENT PERMIT RPD-89-1
TENTATIVE PARCEL MAP LDM-89-2
SECTION I. GENERAL INFORMATION
A. Hearing Date: June 11,1990
B. Hearing Time: 7:00 pm
C. Hearing Location: City Council Chambers, City Hall
799 Moorpark Avenue
Moorpark, California
D. Case Nos: RPD-89-2; LD-M-89-2
E. Staff Contact: Debbie Traffenstedt
Senior Planner
F. Applicant: Macleod Construction Company
Post Office Box 3677
Ventura, California 93006
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G. Requested Action;
1. Recommend that the City Council certify the EIR as an
adequate and complete description of the future environmental
condition that would be brought about by this proposed project.
2. Recommend that the City Council approve Residential Planned
Development Permit Number RPD-89-2 to construct and operate
a multi-family residential project, including 168 family type
units,68 senior units and associated facilities and
amenities.
H. General Plan/Zoning/Existing Land Use
A. Site Zoning:
RPD-15 Residential Planned Development 15 units/acre
B. Site General Plan:
VH Very High Residential- 10.1 -20 du/acre, 15 du/acre average
C. Vicinity Zoning:
North: AE Agricultural Exclusive
South: CPD Commercial Planned Development
East: RE Rural Exclusive&CPD Commercial Planned
D. Present Land Use
Vacant
I. Project Summary/Location:
The proposal is to construct a 236-unit multi-family residential
development on a site containing 15.14 acres. Of the 236 units,
168 would be family-type units,while 68 units would be senior
units. The proposed Residential Development Plan includes
several amenities including a pool, a wading pool, BBQ
areas,tot-lots,garages and carports. The site is bounded by
Poindexter Avenue to the north,an existing residential
neighborhood to the west,Lassen Avenue to the south, and
Chaparral Middle School to the east.
J. Previous Planning Commission Actions:
PD 101A and LD-M-9;a proposed subdivision of four(4)parcels and the
construction of 287 rental units in 1986 by G.H.Palmer Associates
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SECTION II: PLANNING COMMISSION ACTIONS
A. Staff Recommendation:
Staff recommends that the Planning Commission open the
public hearing, take testimony from all those wishing to give
testimony,close the public hearing,and approve Resolution
Nos. and ,recommending that the City Council
certify the EIR as adequate and complete,and recommend approval of
Residential Planned Development Permit RPD-89-2 and Tentative
Parcel Map LD-M-89-2; subject to the attached findings,
recommendations,and conditions as stated in Section VIII of
this staff report.
B. Alternative Planning Commission Actions:
1. Open the public hearing, take testimony from all those
wishing to give testimony,and close the public hearing. Find
that it has reviewed and considered the project findings
attached to this staff report. Find that, based upon the staff
report and testimony presented at this public hearing, the
Commission and recommend denial of Residential Planned
Development Permit RPD 89-2 and Tentative Parcel Map LD-
M-89-2 without prejudice,given a re-design of the proposed
project.
-OR-
2. If the applicant concurs,withdraw the project and re-submit
a redesigned plan of development more in keeping with
Planning Commission recommendations.
4
SECTION III: PROJECT SUMMARY
1. Project Features:
A residential planned development permit has been requested to allow construction of a 236 unit
apartment complex consisting of 168 'family' units and 68 'senior' units. Of the 168 family units, 96
would be one bedroom units,40 would be two bedroom units and 32 would be three bedroom units. Of the
68 senior units, 36 would be one bedroom units and 36 would be two bedroom units. The family units
would be located in the northern portion of the project site, while the senior units would be located in
the southern portion of the site. Project amenities include two pools, a wading pool, a tot lot, BBQ
areas,an RV parking area, a sand volleyball court,and basketball court(only one pool and a BBQ area
are located in the senior area). Parking would be provided in both garages and in covered carports,
consistent with City parking requirements, that are generally located along the perimeter of the site.
Section 8137-0.1.7 of the RPD Zone permits this type of multi-family development.
The following is a summary of the project statistics and the City Code Requirements:
RPD-89-1 City Requirements
Land Area 15.14 Acres 15 du/acre
(659,498 sq. ft.)
Building Area, Total 94,692 sq.ft. no requirement
Site Coverage 14% no requirement
Parking 694 spaces 616 spaces required*
Landscaping area,Gross 309,964 sq. ft. (47%) As specified in the Planned
Development Permit
Application
Parking Area Landscaping 76,448 sq. ft. (13%) 25,720 sq. ft. (10%)
" (616 space requirement is based on 21/2 spaces for each efficiency or one bedroom unit and 2 3/4
spaces for each two or more bedroom units.)
2. Density
Currently,236 units are proposed on the 15.14 acre site and would exceed the City's density requirement
of 15 d.u./acre (236 units are proposed and 227 are permitted). To eliminate the need for a project re-
zone application and subsequent action by the Planning Commission and City Council,the applicant has
agreed to reduce the size of the project to 227 dwelling units. This number of units would be consistent
with the City's density requirement of 15 d.u./acre.
3. Setbacics
The applicant is proposing a building setback along the proposed Lassen Avenue extension of 30 feet.
Garages along the eastern portion of the project site are situated directly on the property line, while
the residential structures are setback from 80 to 100 feet. Setbacks along the western property line range
from 170-240 feet;however, these setbacks include the 52-foot wide northerly extension of Liberty Bell
Avenue. Due to the irregular shape of the site two northerly boundaries are present. Along the
southern edge of the two boundaries,garages are located directly on the property line. However,along
the northerly edge, structures are setback approximately 180 feet. An RV parking area, a basketball
5
court, and a sand volleyball court are located near Poindexter Avenue. As stated in Section 8137-2.2.2
"unless otherwise authorized by the planning commission,no part of any structure shall be constructed
less then twenty (20) feet from any property line which is adjacent to a perimeter street. If such
structures exceed twenty five (25) feet, it shall be setback an additional five (5) feet for each ten (10)
feet in height or portion thereof by which such structure exceeds twenty five (25) feet." Setbacks not
adjacent to a perimeter street will be subject to the specification of the Residential Development
Permit. As proposed, the proposed project is consistent with all setback requirements.
4. Height
The proposed apartment complex is proposed to be two stories in height with a maximum height of 25
feet (refer to the proposed elevations). The height of buildings in the RPD Zone may exceed a height
of 25 feet given that setbacks from the property lines adjacent to a perimeter street are increased by five
feet for each ten feet of height above 25 feet. As the proposed project does not exceed the height limit
and meets all setback requirements, the proposed project is consistent with City of Moorpark ordinance
requirements. Garages and carports are proposed to be 16 feet in height.
5. Parking
The applicant is proposing to provide a total of 694 parking spaces. A total of 558 parking spaces will
be provided for the proposed 168 'family' units and 136 parking spaces for the proposed 68'senior' units.
Section 9.13.05 of the City of Moorpark's Zoning Ordinance requires 2 1/2 parking spaces per efficiency
or one bedroom unit and 2 3/4 parking spaces for two or more bedroom units. Based on this requirement,
the applicant would be required to provide a total of 616 parking spaces. However,because of a portion
of these units are 'senior' units a reduction in the required number parking spaces could be allowed.
Presently, the City Parking Ordinance states that the parking space requirements for uses not specified
shall be determined by the approving authority for planned developments based upon the requirements
for the most comparable use. As the project proposes 694 parking spaces,an amount in excess of City
requirements,the project is consistent with this ordinance requirement.
6. Access
Construction of the proposed project would result in the northerly extension of Liberty Bell Avenue
through to Poindexter Avenue. Additionally,the applicant is proposing to extend Lassen Road from its
terminus west of the project site along the entire frontage of the site through to Park Lane. Access into
the apartment complex will be obtained from one 40-foot wide driveway off of the Liberty Bell Avenue
extension and one 30-foot driveway connecting to Lassen Avenue. A bus stop is proposed on Liberty Bell
just north of the access point on Liberty Bell Avenue.
7. Landscaping
The total landscaped area for the project site is proposed to be 309,964 square feet, which represents 47
percent of the entire site. The Ventura County Guide to Landscape Plans does not give landscape
standards for residential land uses, but states a standard be specified in the Planned Development
Permit.
Section 9.13.110 (d) of the City Code requires that open parking areas shall contain a minimum of ten
percent of their area to be landscaped. Parking area landscaping is required to be computed on the basis
of the net parking facilities which includes parking stalls, access drives, aisles, and walkways.
Parking area landscaping does not include required landscaping adjacent to streets. Based on
information provided by the applicant, 13 percent (76,448 square feet) of the total open parking area
(257,204 square feet) is proposed to be landscaped. The proposed project is consistent with the
landscaping requirements as stated in Sections 8137-2.5.2, 8141-4.10, and 81414.11 of the zoning
Ordinance.
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8. Architectural Description
As proposed the apartment complex will be of wood frame construction with an off-white stucco exterior
with red mission tile roofs in the family unit area and beige-colored stucco with brown concrete shake
roofs in the senior area. Structures in each area would be augmented with wood trim accents. Garages
will be of similar construction type and material. The buildings are basically rectangular; however,
some variations and relief to the exterior of the structures does occur. Other architectural features
include brown wood columns,wood railings along the upstairs balconies and bronze aluminum window
frames. Exhibits are attached that illustrate elevations for the proposed structures.
Staff feels that the design of the proposed apartment complex is basically an architectural style that
can be characterized as boxy with few architectural treatments and variation. To provide a more
pleasing architectural design, certain features such as variation in roof lines, building sizes and
incorporation of more wooden elements on the exterior should be included.
Staff is concerned with the placement of the garages in that they are directly located on the east and
north property lines of the project site. Although the RPD zone does not specify side- and rear-yard
setbacks, the location of these garages that abut the existing school and residential units is a concern in
terms of its visual appearance. An increased setback of these garages from the property lines is not
recommended. However,in an attempt to alleviate these concerns, the length of the garages should be
reduced and they should include some architectural elements similar to those on the apartment
complex.
For additional information regarding site design please reference the Analysis section (Section V) of
this staff report.
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SECTION IV: CONFORMANCE WITH THE GENERAL PLAN
The proposed residential development is considered consistent with General Plan goals and policies
that apply to residential projects provided the recommendations incorporated as part of this staff
report are applied to the proposed project. Pertinent policies and a brief analysis is provided below.
Residential
GOAL 2 — To discourage urban sprawl and scattered urban development.
ANALYSIS — This project is proposed to be generally consistent with land use designations identified
in the City's General Plan and zoning ordinance. Further, this project is considered an infill type of
project that could not be considered urban sprawl or scattered urban development. For these reasons,
this project element is considered consistent with this planning goal.
GOAL 3 -- To provide residential developments with properly planned and adequate services and
facilities.
ANALYSIS — As proposed, the project contains numerous project amenities that would be of service or
interest to future residents. The project is also convenient to City services and facilities that would also
be of use residents of the project. Based on these considerations, the proposed project is considered
consistent with this planning goal.
POLICY 1 — Encourage a variety of housing densities and varying densities within developments.
ANALYSIS — The project does not contain varying densities within its development area; however,
due to its relatively small size combined with the underlying land use designations, a variety of
densities within the project may not be appropriate planning. The project does provide for both family
and senior units. Based on the above,the project is considered consistent with this planning policy.
POLICY 4 — Encourage residential development with properly planned and adequate public services.
ANALYSIS — As proposed the project contains numerous amenities that include recreation rooms,
swimming pools, tot lots, BBQ areas, basketball and volleyball courts, and others. Public services are
in adequate supply to serve the project,and would maintain acceptable levels of service for residents of
the entire City. Therefore, this project is consistent with this planning policy.
POLICY 6 — To provide a range of residential densities which will ensure a variety of housing types to
the residents of Moorpark.
ANALYSIS — The project does not contain varying densities within its development area; however,
due to its relatively small size combined with the underlying land use designations, a variety of
densities within the project may not be appropriate planning. The project does provide for both family
and senior units that would provide for a range of housing opportunities within the City. Further this
project would contribute to meeting the City's "share of regional housing need" as identified in the
City's Housing Element of the General Plan. Based on the above, the project is considered consistent
with this planning policy.
POLICY 7 — To ensure that the location of residential land uses provides a harmonious relationship
between adjoining uses,natural features and the total environment.
ANALYSIS — As proposed, land use conflicts may occur between this project and adjacent land uses
(particularly the Chaparral Middle School and the nearby residential areas). This is due to the long
arrangement of the garages and the proximity of the residential units to the existing neighborhood.
Recommendations are incorporated as part of this staff report that would serve to improve this
8
condition provided they are properly implemented. Given proper implementation, this project would
be considered consistent with this planning policy.
POLICY 8 — New residential development should incorporate good design standards and maintain the
character of the community. Design standards include open space, landscaping, circulation, off-street
parking, architectural compatibility with the surroundings, and others.
ANALYSIS — As proposed, the project contains numerous amenities that include open space areas,
recreation rooms, swimming pools, tot lots, BBQ areas, basketball and volleyball courts, and others.
Public services are in adequate supply to serve the project, and would maintain acceptable levels of
service for residents of the entire City. The staff report notes that improvements could be made to the
plan of development that would provide for better design internal to the project, and measures that
would ensure greater compatibility with the surrounding neighborhood. Recommendations are
incorporated as part of this staff report that would serve to improve this condition provided they are
properly implemented. Properly implemented, this project would be considered consistent with this
planning policy.
9
SECTION V: ANALYSIS
A. Site Plan Design
The intent of reviewing the site plan is to insure for proper building design and orientation, adequate
provision of open space, vehicle and pedestrian circulation and outdoor amenities. In addition, the
arrangement and orientation of buildings are reviewed to assure both a safe and attractive project
design.
The proposed plan presents an introverted building layout in each sector of the project site. The
apartments are generally turned inward from the street and are, therefore, isolated from the
surrounding residential neighborhood and other uses by the site's perimeter circulation plan. The
arrangement of identical buildings in a nearly rectilinear grid pattern is typically used to maximize
density at the expense of creating interesting views and/or orientation towards the open space areas.
Staff is concerned that this project evokes a repetitiveness where any building or open space area
appears much like the next. This is a concern as the project does incorporate numerous amenities with no
apparent structure orientation and appear as components added to the project rather than incorporated
as part of an integrated design plan.
Staff is also concerned that the site plan does not appear to establish a hierarchy of space. No sense of
entry into the overall project (at either of the two driveways) has been incorporated as part of the
overall design (as could be accomplished through landscape or hardscape treatments). Driving
through the site will provide little to view except long, straight driveways flanked by carports,
garages and parked vehicles. Further, the lack of functional balconies and other structure features
provide a large percentage of residents few views of the landscaped portions of the property. It is not
expected that this project would blend with the surrounding residential areas; however, architecture
and landscape treatments could be used to better integrate this project with the surrounding community.
An alternative to the simple grid would involve re-arranging the buildings and circulation plan to
provide more individuality to building locations,open space areas and parking lots. The site poses no
physical constraints to this type of development plan. A more creative site design, could also allow
for the establishment of a sense of entry,and more interesting site views.
No phasing plan has been submitted by the applicant as part of this project application. Therefore, it
is not known in what order the housing units would be constructed. Should the applicant wish to
construct the senior units first, this project component (i.e., the senior units) may be exempt from the
growth management allocation process.
Staffs principal concern is the design of the senior units. Little provision is made for the incorporation
of features that would be useful of an aid to seniors, especially those seniors who may not be active.
Specific concerns are associated with the long walks to the parking areas, two-story structures with
stairs and no elevator capability, and the lack of features that would be important to seniors such as
additional security lighting, "trouble lights" that would be visible to neighbors and intercom systems.
These facilities would prove useful to seniors particularly those who may not be active. Staff is also
concerned that interior features in the units be senior oriented. Staff recommends that the Community
Development Director be given authority to require revisions to ensure that the interiors of the units are
designed to meet the special needs of the seniors that would be associated with this project element.
A van space is shown on project plans for the senior area. Staff supports this van concept as it would be
of substantial assistance to seniors. Staff is concerned that a van, driver, and regular schedule be
provided as part of this project such that seniors without vehicles can be mobile in the Moorpark area.
10
B. On-site Circulation and Parking
As noted above, on-site circulation for both sectors is provided by a perimeter loop system lined with
parking areas that include carports, and garages. Many of the garages are placed at the extreme edges
of the site and most residents will be located some distance from their vehicles. This could pose
substantial problems for the senior units as those individuals may not be physical able to walk long
distances. The concentration of parking at the west side of the site also poses inconveniences to
residents, and presents an institutional appearance to a large portion of the project. Security problems
may also result from the west circulation/parking area, as many vehicles will not be visible from
either the units or from the public streets. Parking along the eastern portion of the site abuts an existing
school site and the appearance of these structures from the school would be a linear uniform wall that
would not be visually attractive. Staff recommends that all or a portion of the garages be setback from
the property line some distance to allow for the planting of vegetation that would screen views of the
structures from the school area and provide a more visually appealing transition of land uses.
The use of a perimeter driveways can be construed as a way to buffer the residences from public street
traffic, noise and light and glare. However,due to the rectangular shape of the project the project site,
incorporates long straight driveways. Staff is concerned that these driveways could be used either as
raceways and could produce higher than desired speeds in these areas (particularly in the senior
areas). For these reasons, staff is concerned with the perimeter driveway concept, particularly because
traffic and noise levels on the surrounding streets are not expected to be excessive, and because the
driveways themselves will be a source of noise for tenants.
Suggested improvements would include the re-orienting the buildings around smaller parking lots. This
would reduce the problem associated with the perimeter circulation plan, residents would be located
nearer their vehicles and driving through the site would be a safer and more desirable experience.
Pedestrian access is provided on the site by a series of sidewalks connecting the buildings with the
recreational facilities and the public parking areas. Staff notes that pedestrian access to the
surrounding public streets appears limited;three sidewalks provide connections
from the family units to the neighborhood, with two sidewalks provided from the senior units. In
addition,no pedestrian access is provided from the south side of the senior complex to Lassen Avenue.
Staff is concerned that a convenient access for seniors is needed, as a senior care/ medical facility is
proposed directly across Lassen Avenue from the senior sector. Further a 30-foot landscaped area and
meandering sidewalk is located in this area. As proposed, no direct access to this walking area is
provided either from the family or senior unit areas. Further,it is expected that the bus stop would be
more utilized by the senior residents. Orientation of this bus stop facility towards the senior unit area
would be an advantage in this project design.
Railroad tracks are located near the northern portion of the project site and a park is being considered
on the old high school site. It is expected that residents of the proposed project would walk to areas
north of the site that would require the crossing of the railroad tracks. This is a potentially dangerous
pedestrian situation. Staff recommends that the applicant fund a fair-share portion of a study that
would determine the amount of pedestrian travel that would occur across the tracks,as well as the most
appropriate location for a bridge and its potential cost.
C. Recreation Facilities and Landscaping
Recreation facilities on the site are located within each of the two sectors,and in the northwest corner
of the site. It is not known at present the extent of recreational amenities to be provided in these areas.
A further potential problem is the distant location of the RV parking area. The site plan does not
indicate any individual security measures in this area other than a gate. It is suggested that this area
be surrounded by a decorative open space with appropriate landscape vegetation that would provide
both security and visibility. Staff does not recommend the placement of additional lighting in this
area as it would located at a height that may affect existing and future residents of this area.
11
A conceptual landscape plan submitted with this application is not consistent with the project as
currently designed. Staff recommends that a revised landscape plan be prepared by the applicant and
approved by the City prior to issuance of a zoning clearance and submittal of building plans for plan
check. Staff also recommends that plant materials be selected which contribute to water conservation,
and a residential character.
D. Signage
No project identification signs are indicated on the site plan, Staff recommends that such signs be
provided, subject to design review. Staff also recommends that a permanent unit directory map be
provided at both driveway entries to aid emergency vehicles in locating apartment units particularly
in the senior areas.
E. Elevations, Colors and Materials
At this time, preliminary elevations have been submitted that indicate colors and materials for the
buildings. The structures are two story buildings with stucco exteriors,wood trim and red tile roofs for
the family units and brown concrete shake roofs for the senior units. Staff recommends that final
elevations be prepared and submitted to the Community Development Director for review and
approval prior to the issuance of a zone clearance.
F. The Environmental Impact Report prepared for this project component has determined that the
project would have several unavoidable adverse environmental impacts that cannot be mitigated and
would require the adoption of a Statement of Overriding Considerations prior to project approval.
Specific impacts are identified below.
Short-term construction noise
Sewage treatment plant capacity
Traffic
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SECTION VI: STAFF RECOMMENDATION
Staff recommends that the Planning Commission direct staff to prepare a resolution to be considered at
the next regularly scheduled meeting of the Planning Commission on July 2, 1990 indicating that the
Planning Commission recommends that the City Council certify the Environmental Impact Report
(stating that it has been prepared in accordance with CEQA and it is adequate and complete); and to
recommend approval of Residential Planned Development Permit RPD 89-1 and LD-M-89-2 based on
the following recommendation,findings,conditions and the design modifications recommended above.
13
SECTION VII: FINDINGS
If the Planning Commission chooses to recommend approval to the City Council,the following findings
may be used:
CEQA: That the environmental effects discussed in the EIR prepared for Residential Planned
Development Permit RPD 89-1 and LD-M-89-2 adequately covers the impacts of the subject project
pursuant to Section 15162 of the California Environmental Quality Act Guidelines, and certify that this
body has reviewed and considered the information contained in the Draft EIR and recommends that the
City Council certify the Final EIR as complete and adequate as well as to make appropriate finding in
the form of a Statement of Overriding Considerations.
Subdivision Map Art Compliance: Based upon the information set forth above, it is determined that
the subject Tentative Parcel Map meets the requirements of Government Code Sections applicable to
the State of California Subdivision Map Act given the following.
- The proposed map is consistent with the applicable general and specific plans;
- The design and improvements of the proposed subdivision are generally consistent with the
applicable and general specific plans;
- The site is physically suitable for the type of development proposed;
- The site is physically suitable for the proposed density of development provided the Planning
Commission and City Council make appropriate recommendations;
- The design of the subdivision and the proposed improvements are not likely to cause substantial
environmental damage that have not been disclosed in the Draft EIR;
- The design of the subdivision and the type of improvements are not likely to cause serious
public health problems;
- The design of the subdivision and the type of improvements would not conflict with easements,
acquired by the public at large, for access through or use of property within the proposed
subdivision.
- There would be no discharge of waste from the proposed subdivision into an existing community
sewer system in violation of existing water quality control requirements under Water Code
Section 13000 et seq.•and
- The proposed subdivision does not contain or front upon any public waterway, river, stream,
coastline, shoreline, lake or reservoir.
• ' - • • • P • • 11 ' ' - ..,• ; • i-: - : Based upon the information set forth above,it is
determined that this application, with the attached conditions, meets the requirements of the City of
Moorpark Ordinance Code Section 8163-3 in that:
- The proposed use would be compatible with the existing and future uses within the zone and the
general area in which the proposed use is located;
- The proposed uses would not be obnoxious or harmful to the adjacent properties;
- The proposed uses would not impair the integrity and character of the zone in which it is
located;
14
- The proposed uses would not be detrimental to the public interest health, safety, convenience,
or welfare.
15
SECTION VIII: CONDITIONS OF APPROVAL
(attached)
16
SECTION IX: EXHIBITS
(exhibits illustrating the site plan and building elevations are attached to the rear of this staff report)
17
CONDITIONS OF APPROVAL-COMMERCIAL
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS
1. The permit is granted for the land and project as shown on the submitted plot plans and
elevations. The location and design of all site improvements shall be as shown on the approved plot
and elevations except or unless indicated otherwise herein.
2. The development is subject to all applicable regulations of the C-P-D Zone and all agencies of
the State, Ventura County, the City of Moorpark and any other governmental entities.
3. Unless the project is inaugurated (building foundation slab in place and substantial work in
progress) not later than one year after this permit is granted, this permit shall automatically expire on
that date. The Director of Community Development may, at his discretion, grant up to one (1)
additional year extension for project inauguration if there have been no changes in the adjacent areas
and if applicant can document that he has diligently worked towards inauguration of the project during
the initial one-year period.
4. All facilities and uses other than those specifically requested in the application are prohibited
unless a modification application has been approved by the City of Moorpark. Any minor changes to
this permit shall require the submittal of an application for a minor modification and any major
changes to this permit shall require the submittal of a major modification as determined by the
Director of Community Development.
5. The design, maintenance, and operation of the permit area and facilities thereon shall comply
with all applicable requirements and enactments of Federal, State, County, and City authorities, and
all such requirements and enactments shall,by reference,become conditions of this permit.
6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of
law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances
where more than one set of rules apply, the stricter ones shall take precedence.
7. If any of the conditions or limitations of this permit are held to invalid, that holding shall not
invalidate any of the remaining conditions or limitations set forth.
8. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole
expense, any action brought against the City because of issuance (or renewal) of this permit or in the
alternative to relinquish this permit. Permittee will reimburse the City of any court costs and /or
attorney's fees which the City may be required by court to pay as a result of any such action. The City,
may, as its sole discretion, participate in the defense of any such action, but such participation shall
not relieve permittee of his obligations under this condition.
9. Prior to submission of construction plans for plan check or initiation of any construction activity,a
zoning clearance shall be obtained from the Department of Community Development.
10. This Commercial Planned Development Permit shall expire when the use for which it is granted
is discontinued for a period of 180 or more consecutive days.
11. Prior to initial tenant occupancy and any subsequent change in tenant occupancy,the owner of the
subject building,or the owner's representative shall apply for a Zoning Clearance from the Department
of Community Development.
1
12. The Director of Community Development, or his designee, shall have the authority to
conditionally approve or deny a Zoning Clearance request for tenant occupancy consistent with Article
45 of the Zoning Code. The cost of the Zoning Clearance shall be borne by the applicant for tenant
occupancy.
13. The permittee's acceptance of this permit and/or commencement of construction and/or
operations under this permit shall be deemed acceptance of all conditions of this permit.
14. If any archaeological or historical artifacts are uncovered during excavation operations the
permittee shall assure the preservation of the site, shall obtain the services of a qualified
archaeologist to recommend proper disposition of the site, and shall obtain the Director of Community
Development's written concurrence of the recommended disposition before resuming development.
Should human burial remains be encountered during any grading or excavation activities, the permittee
shall cease operation and shall notify in writing the Community Development Department staff.
Following notification, the permittee shall obtain the services of a qualified archaeological consultant
and Native American Monitor(s) who shall assess the situation and recommend proper disposition of
the site as approved by the Director of Community Development.
15. No later than ten (10) days after change of ownership or lessee of this property, the Director of
Community Development shall be notified, in writing, of the new owner or lessee. The same letter
shall state that the new owner or lessee has read all conditions pertaining to this Permit and agrees
with said conditions.
16. Approval of the upper commercial project (north of the landscape buffer) shall require the filing
of a major modification to CPD 89-1 and 2..
PRIOR TO ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
17. Prior to issuance of a Zoning Clearance, a comprehensive sign program for the shopping center
shall be submitted to the Department of Community Development. The sign program shall be designed
to provide a uniform sign arrangement and design. Only individual channel letters shall be allowed.
No lighted window signs will be allowed. The sign program shall be approved by the Director of
Community Development or his designee prior to the issuance of a Zoning Clearance. All new lessees
shall conform to the approved sign program and be required to obtain a sign permit from the Community
Development Department. Monument signs shall be limited to Los Angeles Avenue, Park Lane, and
Liberty Bell Avenue and shall be externally lighted.
18. 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 Conditions of Approval 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.
19. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating
awareness and understanding of all permit conditions,and shall agree to abide by these conditions.
20. Exterior pedestrian trash receptacles in the walk areas shall be provided. The elevations of
these receptacles shall be depicted on the plan and shall be approved by the Director of Community
Development or his designee.
21. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional one-
half foot of width must be provided for parking spaces located adjacent to a wall. Drive aisles between
2
STAFF REPORT
MISSION BELL PLAZA (UPPER COMMERCIAL PORTION)
COMMERCIAL PLANNED DEVELOPMENT PERMITS 89-1 AND 89-2
TENTATIVE PARCEL MAP LDM-89-2
June 11, 1990
The Planning Commission should note that individual staff reports have been prepared for both the
lower commercial (i.e., the proposed Mission Bell Plaza) and upper commercial project elements.
However,case numbers CPD 89-1, CPD-89-2 and Tentative Parcel Map LDM-89-2 apply to both project
elements,and only one action will be taken by the commission for both projects.
STAFF REPORT
MISSION BELL PLAZA(UPPER COMMERCIAL PORTION)
COMMERCIAL PLANNED DEVELOPMENT PERMIT 894 and 2
TENTATIVE PARCEL MAP LDM-89-2
SECTION I. GENERAL INFORMATION
A. Hearing Date: June 11,1990
B. Hearing Time: 7:00 pm
C. Hearing Location: City Council Chambers, City Hall
799 Moorpark Avenue
Moorpark, California
D. Case Nos: CPD 89-1 and CPD 89-2(Upper Commercial)
E. Staff Contact: Paul Porter; Senior Planner
F. Applicant: Ventura Pacific Capital Company
Post Office Box 179
Camarillo, California 93011
Macleod Construction Company
Post Office Box 3677
Ventura, California 93006
UPPER COMMERCIAL
PROJECT VICINITY 'MAP
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LOS ANGELES V
parking spaces shall be thirty (30) feet in width on the major drive isles and twenty-five (25) feet on
all others.
22. The existing plans shall be revised by the applicant and approved by the Director of Community
Development. The following revisions shall be made:
a. Only one driveway from Los Angeles Avenue shall be permitted.
b. The proposed tower sign shall be eliminated.
c. A 30 foot landscape setback (not including the public right-of-way) shall be provided along Los
Angeles Avenue,Liberty Bell Avenue,and Park Lane.
d. Recycling bins shall be depicted on the plot plan.
23. The final construction working drawings shall be submitted to the Director of Community
Development.
24. 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 review and approval shall be accompanied by a deposit as
specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all
landscape plan check and inspection fees. All landscaping and planting shall be accomplished and
approved by the Director of Community Development, or his designee, prior to the approval of
occupancy. The project plans shall include the following:
a. A 50 percent shade coverage shall be provided within all parking areas. Shade coverage is
described as the maximum mid-day shaded area defined by a selected specimen tree at 50
percent maturity.
b. Any turf plantings associated with this project shall be drought tolerant, low-water using
varieties.
c. Landscaping at site entrances and exits and at any intersection within the parking lot shall not
block or screen the view of seated driver of a seated driver from another moving vehicle or
pedestrian.
d. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded
by six-inch high concrete curbs.
e. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from
the street.
f. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause
a loss of light at ground level.
g. Earthen berms and shrub planting shall be provided to screen view of parked vehicles from
access roads.
h. Landscaping shall be used to screen views of any backflow preventers.
25. Prior to issuance for a Zoning Clearance, the transformer and cross connection water control
devices location shall be shown on the plot plan and shall be screened with landscaping or a wall.
3
26. The landscape plan shall include landscaping of the entire upper commercial area. The upper
commercial area shall remain landscaped until such time that permits are issued for that area and
that portion of the site is use inaugurated.
27. Roof design and construction shall include a minimum 18-inch extension of the parapet wall
above the highest point of the roof.
28. 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.
29. 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.
30. 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.
31. A 45 foot turning radius shall be provided for the loading zone consistent with the AASHO WB-
50 design vehicle. Prior to issuance of a zoning clearance, the applicant shall identify the required
truck radius on a copy of the site plan.
32. The applicant shall provide a minimum of 25 feet from the entry doorway of a major tenant for a
travel lane.
33. The applicant shall provide a main entry which does not allow parking stalls to back out into a
main travel lane.
34. All property line walls shall be no further than one inch from any property line.
35. The buildings shall be constructed employing energy-saving devices. These shall include those
devices required by California Administrative Code,Title 24.
36. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in
the State of California and submitted to the Department of Community Development for review and
approval. The lighting plan shall achieve the following objectives: Avoid interference with
reasonable use of adjoining properties; minimize on-site and off-site glare; provide adequate on-site
lighting; limit electroliers height to avoid excessive illumination; and provide structures which are
compatible with the total design of the proposed facility.
The lighting plan should include the following:
a. A photometric plan showing a point-by-point foot candle layout to extend a minimum of twenty
(20)feet outside the property lines. Layout plan to be based on a ten(10) foot grid center. Down
lighting and accent landscape and building lighting shall be employed throughout the project.
b. Maximum overall height of fixtures shall be fourteen (14) feet or as otherwise approved by the
Community Development Director.
4
c. Fixtures must possess sharp cut-off qualities with maximum of one foot candle illumination at
property lines.
d. There shall be no more than a seven-to-one (7:1) ratio of level of illumination shown
(maximum-to-minimum ratio between lighting standards).
e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent
properties.
f. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle
average,or as otherwise approved by the Community Development Director. No over-lighting
of the center shall occur.
g. No light shall be emitted above the 90 degree or horizontal plane.
h. Light standards in the parking lot shall be shielded and directed downward to avoid light and
glare on neighboring properties.
37. A utility room with common access to house all meters and the roof ladder shall be provided. No
exterior access ladder of any kind shall be permitted.
38. No downspouts shall be permitted on exterior of the building.
39. All exterior building materials and paint colors shall be approved by the Director of the
Community Development Department to ensure compatibility with adjacent development.
40. All exterior newspaper racks shall be painted dark brown in color and shall meet all other
criteria identified in the Zoning Ordinance.
41. No asbestos pipe or construction materials shall be used without prior approval of the City
Council.
42. The applicant shall record a covenant agreeing not to protest the formation of an underground
utility assessment district.
43. All existing and proposed utilities are required to be undergrounded to the nearest off-site utility
pole except through transmission lines. This requirement for undergrounding includes all above ground
power poles on the project site and those along the frontage of the site in the Caltrans right-of-way.
Prior to the issuance of a zoning clearance, the applicant shall submit a plan for review and approval to
the Director of Community Development which identifies how compliance with the undergrounding
requirement will be met.
44. If skylights are proposed, the specific type and model must be approved by the Director of
Community Development to ensure that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
45. 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. This condition shall not
apply to future property owners.
5
46. The applicant shall contribute to the City of Moorpark an amount of$.25 per square foot of gross
floor area to support the City's current and future park system.
47. The applicant shall contribute to the City of Moorpark's Art in Public Places fund,an amount of
$10 per each 100 square feet of building floor area.
48. The applicant shall make a one-time monetary contribution to the City's Traffic Management
System Fund consistent with the"buy downs"calculations given in the Environmental Impact Report.
49. Prior to the issuance of a zoning clearance for tenant occupancy, the proposed use shall be
reviewed and approved by the Ventura County Environmental Health Division to ensure that the
proposal will comply with all applicable State and local regulations related to storage, handling, and
disposal of potentially hazardous materials, and that any required permits have been obtained. If
required by the County Environmental Health Division, the applicant shall prepare a hazardous
waste minimization plan, and shall obtain a Hazardous Waste Generator Permit if required. A copy of
all Hazardous Waste Generator Permits shall be forwarded to the City of Moorpark Department of
Community Development by certified mail to be placed in the project file.
50. All roof top mechanical equipment and other noise generation sources shall be attenuated to 55
dB(A) at the property line, or to the ambient noise level at the property line measured at the time of
the occupancy request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent
tenant occupancy or any subsequent tenant occupancy,Director of Community Development may request
that a noise study be submitted for review and approval which demonstrates that all on-site noise
generation sources would be mitigated to the required level. The noise study must be prepared by a
licensed acoustical engineer in accordance with accepted engineering standards.
51. To encourage employees to use alternative means of transportation to reduce automobile trips,
common bicycle storage facilities shall be provided. Proposed bicycle storage areas shall be reviewed
and approved by the Director of Community Development prior to issuance of a zoning clearance.
52. If any archaeological or historic finds are uncovered during excavation operations, the permittee
shall assure the preservation of the site; shall obtain the services of a qualified archaeologist to
recommend disposition of the site; and shall obtain the Director of Community Development's written
concurrence of the recommended disposition before resuming development.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
53. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura
County Waterworks District No. 1.
54. The applicant shall pay all school assessment fees levied by the Moorpark Unified School
District.
PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
55. The area of the upper commercial, north of the proposed landscape buffer, shall be landscaped
prior to the issuance of a certificate of occupancy of this permit. A landscape plan shall be submitted
for this area in conjunction with landscape plans for CPD-89-1 and 2.
56. All parking areas shall be surfaced with asphalt or concrete and shall include adequate
provisions for drainage, striping and appropriate wheel blocks,curbs,or posts in parking areas adjacent
to landscaped areas.
6
57. The landscape architect shall certify in writing, that the landscape and irrigation system was
installed in accordance with the approved Landscape and Irrigation Plans.
58. All landscaping and planting shall be installed and inspected by the City Landscape Architect
and Community Development Director.
59. No use for which this permit is granted shall be commenced with until a Certificate of
Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of
Occupancy may be issued until all on-site improvements specified in this permit have been completed or
the applicant has provided some form of financial security to guarantee the agreement such as a
Faithful Performance Bond. Said on-site improvements shall be completed within 120 days of issuance
of the Certificate of Occupancy. In case of failure to comply with any term or provision of this
agreement, The City Council may by resolution declare the surety forfeited. Upon completion of the
required improvements to the satisfaction of the Director of Community Development.
60. Prior to initial tenant occupancy and any subsequent change in tenant occupancy,the owner of the
subject building, or the owners representative, shall apply for a zoning clearance from the Community
Development Department.
61. 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.
62. At the rime water service connection is made for each project, cross connection control devices
shall be installed for the water system in accordance with the requirements of the Ventura County
Environmental Health Department.
AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS
SHALL BE APPLICABLE:
63. No later than ten(10) days after any change of property ownership or change of lessee(s) or
operator(s) of the subject building, there shall be filed with the Director of Community Development
the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from
any such person(s)acknowledging and agreeing to comply with all conditions of these permits.
64. The continued maintenance of the permit area and facilities shall be subject to periodic
inspection by the City. The permittee shall be required to remedy any defects in ground maintenance,as
indicated by the Code Enforcement Officer within five (5) days after notification.
65. No obnoxious odors shall be generated from any use on the subject site.
66. 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.
67. The striping for parking spaces and loading bays shall be maintained so that it remains clearly
visible.
68. No outside storage of any materials, overnight parking of any vehicles in the parking lot, or
overnight parking of any semi-trucks or truck trailers beyond the loading zone shall be permitted.
69. Except for gasoline deliveries,loading and unloading operations shall not be conducted between
the hours of 10.{)0 p.m.and 6:00 a.m.
70. All restaurants shall close no later than 1:00 a.m.
7
71. Auto service related uses shall be limited to those buildings authorized for such uses pursuant to
the approved zoning clearance.
72. No noxious odors which would impact the adjacent development shall be generated from any use
on the subject site.
73. The applicant and his successors, heirs, and assigns all remove any graffiti within five (5) days
from written notification by the City of Moorpark. All such graffiti shall be accomplished to the
satisfaction of the City.
74. Yards, parking areas and other open uses on the site shall be maintained in a neat and orderly
manner at all times. No exterior storage of any kind is permitted.
75. All uses shall conduct business inside a building except gasoline and carwash service. No outside
display of goods is permitted. Sidewalk sales require approval of a temporary use permit from the
Department of Community Development.
76. If in the future,any use or uses are contemplated on the site differing from that specified in the
zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant
shall file a project description prior to the initiation of the use. A review by the Director of Community
Development will be conducted to determine if the proposed use is compatible with the CPD Zone and
the terms and conditions of this permit. Said review will be conducted at no charge and an approval
letter sent,unless a minor or major modification to the Planned Development is required,in which case
all applicable fees and procedures shall apply.
8
MOORP RK PO .UCE DEP RTMENT ONDITIONS
DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY:
77. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or
screen the view of a seated driver from another moving vehicle or pedestrian.
78. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause
a loss of light at ground level.
79. All entrance/exit driveways shall be a minimum of 30 feet in width.
80. For the commercial project,all exterior doors shall be constructed of solid wood core,a minimum
of 1 and 3/4-inches thick, or of metal construction. Front glass doors commonly used for entry are
acceptable but should be visible to the street.
81. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the
locking bar or bolt extending into the receiving guide a minimum of 1-inch deadbolt.
82. Address shall be clearly visible to approaching emergency vehicles and shall be mounted
against a contrasting color.
83. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc.
84. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof
vents or other openings where access may be made.
85. Upon occupancy by the owner or proprietor, each single unit in the development, constructed
under the same general plan,shall have locks using combinations which are interchange free from locks
used in all other separate proprietorship or similar distinct occupancies.
9
VFNTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
86. Any structure greater than 5,000 square feet in area and/or five miles from a fire station shall be
provided wit an automatic fire sprinkler system in accordance with Ventura County Ordinance No. 14.
If the building is to be protected by an automatic sprinkler system, plans shall be submitted, with
payment for plan check, to the Ventura County Bureau of Fire Prevention for review and approval.
87. The applicant shall submit plans to the Ventura County Bureau of Fire Protection for approval
of the location of fire hydrants. All existing hydrants within 300 feet of the development must be
shown on the plan.
88. Building plans of all A, E, I and H occupancies shall be submitted to the Ventura County Bureau
of Fire Prevention for plan check.
89. The applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for
approval of the location of fire lanes.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
90. The minimum fire flow required shall be determined by the type of building construction,
proximity to other structures, fire walls and fire protection devices provided, as specified by the I.S.O.
Guide for Determining Required Fire Flow. Given the present plans and information, the required fore
flow is approximately 4,500 gallons per minute. The applicant shall verify that the water purveyor
can provide the required volume at the project.
PRIOR TO CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY:
91. Access roads shall be a minimum of 25 feet in width and shall be installed with an all weather
surface,suitable for access by fire department apparatus.
92. Fire hydrants shall be installed and in service prior to combustible construction and shall
conform to the minimum standards of the Ventura County Water Works Manual.
a. Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch ant two 2 1/2-inch
outlet(s).
b. The required fire flow shall be achieved at not less than 20 psi residual pressure.
c. Fire hydrants shall be spaced 300 feet on center,and so located that no structure will be farther
than 150 feet from any one hydrant.
d. Fire hydrants shall be recessed in from the curb face 24 inches at center.
93. All grass or bush exposing any structures shall be cleared for distance of 100 feet prior to framing,
according to the Ventura County Weed Abatement Ordinance.
PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
94. Trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be stored
within 5 feet of openings, combustible roof eaves lines, unless protected by approved automatic fire
sprinklers.
10
95. Address numbers,a minimum of 6 inches high,shall be installed prior to occupancy and shall be
of contrasting color to the background. Where structures are set back more than 250 feet from the street,
larger numbers will be required so that they are distinguishable from the street. In the event a
structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the
driveway entrance.
96. Fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and
Article 10 of the Uniform Fire Code.
97. Fire extinguishers shall be installed in accordance with National Fire Protection Association
Pamphlet No. 10. The placement of extinguishers shall be reviewed and approved by the Bureau of
Fire Prevention.
11
VENTURA COUNTY WATERWORKS DISTRICT NO.1 CONDITIONS
GENERAL REQUIREMENT:
98. The applicant for service shall comply with the Ventura County Waterworks District No. 1
"Rules and Regulations" including all provisions of or relating to the existing industrial waste
discharge requirements and subsequent additions or revisions thereto.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
99. The District shall be allowed to review the adequacy and level of service for the project when
tenant improvements are requested. Additional facilities, on-site treatment, or other modifications
may be required as a condition of certain tenant improvements.
12
VENTURA3Mrn&MibMah5M)haMinUii.nd
PRIOR TO ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
100. Prior to issuance of a zoning clearance for the inauguration of any use in the proposed structure,
such use shall be reviewed and approved by the Ventura County Environmental Health Division.
13
FNVIRONMFNTAT,IMPACT REPORT CONDITIONS
101. The applicant(s) shall obtain a grading permit from the City of Moorpark prior to Zoning
Clearance. All grading operations shall be subject to compliance with the Ventura County APCD dust
control measures as enforced by APCD inspectors and City of Moorpark.
102. Transportation Management Plan - The applicant shall prepare a Transportation Management
Plan(TMP)or similar plan that would reduce total project employee commuter trips.
103. Provide On-site Transit Facilities - The applicant shall provide the following on the project
site: covered and lighted bus stops;bus turnouts;and safe pedestrian walkways between structures and
bus stops or to the satisfaction of the Community Development Director.
104. Banking Services - Bank-related services (Auto Teller Machine, Direct Deposit, Check Cashing,
etc.)can be provided on-site in order to reduce traffic trips.
105. 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. This measure is proposed in order to improve the flow of
traffic in the City which would reduce congestion and the emission of air pollutants.
106. Buy Downs -Estimated costs of"buy downs" for the proposed project should be based on the net
estimated emissions associated with the proposed project. Such 'buy down" fees provide an indirect
means of reducing emissions by providing funding to organizations that would benefit the regional,and
not necessarily local, air quality environment. As applied, "buy down" fees applied to the project
would be as follows:
107. City Transit Subsidy= 36,369.12
108. Commuter Computer Fee=317,974.56
109. Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m., and shall
exclude Saturdays and Sundays.
110. During site preparation and construction, construction equipment shall be fitted with modern
sound-reduction equipment.
111. The noise wall adjacent to Shop Numbers 1, 2 and 3 and Retail "A" shall be increased in height
to eight feet.
112. Noise attenuation walls to a height of eight feet shall be located around all loading areas.
113. Vehicle speed limits of 25 mph shall be posted along Liberty Bell and Lassen Avenue.
114. 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 Bell Avenue and from 6 a.m. to 7 p.m. east of Liberty Bell
Avenue.
115. Contributions to the fire department's "roof tax" shall be complied with by the project
applicant.
116. Prior to the approval of building plans, the fire department shall review and approve all
project plans to ensure all measures are incorporated to reduce fire impacts.
14
117. A licensed security guard is required during the construction phase, or a 6-foot high chain fence
shall be constructed around the construction site.
118. Construction equipment,tools,etc.,shall be properly secured during non-working hours.
119. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly
secured prior to installation during non-working hours. All serial numbers shall be recorded for
identification purposes.
120. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with
them. All parking areas shall be provided with a lighting system capable of illuminating the parking
surface with a minimum maintained 1-foot candle of light and shall be designed to minimize the
spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather
and breakage-resistant covers.
121. Landscaping shall not obstruct any exterior door or window.
122. Landscaping is to be maintained at a height where pedestrians will have full view of the area
with no obstructions.
123. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or
screen views of a seated driver from another moving vehicle or pedestrian.
124. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause
a loss of light at ground level.
125. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a
contrasting color.
126. Address numbers shall be a minimum of six inches in height and illuminated during the hours of
darkness.
127. All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick or
of metal construction. Front glass door(s)commonly used for entry are acceptable but should be visible to
the street.
128. Doors utilizing a cylinder lock shall have a minimum five pin tumbler operation with the
locking bar or bolt extending into the receiving guide a minimum of one inch.
129. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc.
130. Upon occupancy by the owner or proprietor,each single unit in a tract or commercial development
constructed under the same general plan, shall have locks using combinations which are interchange
free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies.
131. Park and recreation fees for the lower commercial project component (upper and lower
commercial) shall be assessed per City policy as defined below:
198,792 square feet x$0.25 per square foot of commercial use=$49,698.00
132. The project applicant shall be required to fund all sewer infrastructure improvements necessary
to accommodate the proposed project demand.
15
133. The applicant shall be required to comply with all pertinent County of Ventura Public Works
Department connection regulations. These mitigation measures shall be implemented by the County of
Ventura Public Works Department (Waterworks District No. 1).
134. 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 is not applicable.
135. To encourage future residents and tenants of the proposed project to contribute materials for
recycling, design considerations shall be included in each development component that would provide
adequate space and facilities for the storage and transfer of recyclable materials.
136. Plant a sufficient amount of tall growing trees and/or shrubs along the western site boundary
(abutting the wall) to minimize the glare impacts and the loss of privacy of the nearby single-family
neighborhood.
137. No illuminated building mounted signs shall be permitted on any building facade facing towards
a residential neighborhood.
138. All parking lot pole lights and street lights shall be fully hooded and back shielded to reduce
the light "spillage" and glare.
139. Trees planted along the western site perimeter shall be a minimum 24 inch box size in order to
provide a screening effect in a short time period. Shrubs shall be a minimum 5 and 15 gallon sizes.
140. Colors and materials of the proposed building shall be compatible with the surrounding area.
141. Tinted windows shall be installed to minimize the emittance of light and glare from interior
sources for any windows that receive direct sunlight.
142. Traffic mitigation measures shall be in conformance with City Engineer Conditions.
16
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CITY ENGINEER'S CONDITIONS - CPD 89-1 (MacLeod) and CPD 89-2 (Ventura Pacific)
PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
1 . The applicant shall submit a parcel map(s) for City review and
approval . The map(s) shall encompass CPD 89-1, CPD 89-2 and RPD 89-
1 .
2. The applicant shall submit to the City for review and approval , a
grading plan prepared by a registered civil engineer; shall obtain
a grading permit; and shall post sufficient surety guaranteeing
completion. Cut or fill slopes shall be no steeper than 2: 1
(horizontal :vertical ) .
An erosion control plan shall be submitted for review and approval
along with the grading plan. Along with the erosion control
measures, hydroseeding of all graded slopes shall be required within
60 days of completion of grading.
All haul routes shall be approved by the City Engineer. Haul routes
shall be limited to graded areas only.
3. The applicant shall submit to the City for review and approval , a
detailed soils and geotechnical report prepared by both a civil
engineer and a geotechnical engineer registered with the State of
California. The report shall include a geotechnical investigation
with regard to liquefaction, expansive soils, and seismic safety.
The grading plan shall incorporate the recommendations of the
approved soils report.
4. The applicant shall submit to the City for review and approval ,
street improvement plans prepared by a registered civil engineer;
shall enter into an agreement with the City to complete the
improvements; and shall post sufficient surety guaranteeing the
construction of the improvements. Any necessary right-of-way
acquisition necessary to complete the required improvements will be
acquired by the applicant at his/her expense.
The improvements shall include concrete curb and gutter, sidewalk,
street lights, traffic signals, striping and signing, traffic
control , paving, and any necessary transitions to the satisfaction
of the City Engineer. The applicable Ventura County Road Standard
Plates are as follows:
a. Los Angeles Avenue per Plate B-2A, modified north of
centerline to have 52.5 feet right-of-way. 51 foot pavement
width, 1 .5 foot public utilities area and 8 foot sidewalk
width meandering within 20 foot easement. Applicant shall
construct improvements north of the centerline across the
frontage of the project. Applicant shall also stripe
appropriate left, through and right turn lanes along Los
Angeles Avenue at its intersection with Park Lane and Liberty
Bell Road. In addition to standard improvements per Plate B-
2A to be constructed along Los Angeles Avenue, the applicant
1
shall construct improvements sufficient to provide a westbound
right turn pocket at the Los Angeles Avenue - Liberty Bell
Road intersection. All necessary transitions shall be
designed and constructed to the satisfaction of the City
Engineer. Any improvements constructed by the City with Los
Angeles Avenue Area of Contribution funds that would normally
be the responsibility of the applicant shall be offset by
special applicant contributions to the Los Angeles Avenue Area
of Contribution fund.
As determined by the EIR Traffic Analysis, no driveways onto
Los Angeles Avenue are necessary. Because driveways on
arterials cause side friction in the form of turning movements
and because project driveways on Los Angeles Avenue are
technically not necessary for circulation, no driveways on Los
Angeles Avenue will be permitted. If, however, the City
Council approves one driveway onto Los Angeles Avenue, the
driveway shall be designed and constructed to the satisfaction
of the City Engineer and shall include curb returns, an
acceleration lane on Los Angeles Avenue, a deceleration lane
on Los Angeles Avenue, adequate sight distance and a 150 foot
uninterrupted driveway length (with no intervening on-site
driveways) as measured north from the northern right-of-way
line of Los Angeles Avenue.
b. Liberty Bell Road shall be designed and constructed to align
with the future built-out portion of Liberty Bell Road, and
the centerline of Liberty Bell Road shall intersect the
centerline of Poindexter Avenue at a location at least 200
feet east of the centerline of Sierra Avenue. The Liberty
Bell Road - Los Angeles Avenue intersection must be designed
and constructed to provide for necessary turning pockets and
must be reviewed and approved by the City Engineer prior to
recordation so that the dedication of right-of-way on the map
will be the ultimate right-of-way dedication. The applicable
plates for various sections along Liberty Bell Road are as
follows:
1 . Liberty Bell Road (from Los Angeles Avenue to a point at
least 150 feet north of the prolongation of the northern
right-of-way line of Los Angeles Avenue) per Plate B-3D,
modified to have 77.5 foot right-of-way width, 68 foot
pavement width, 16 foot flooding free width, 8 foot
parkway width (west side) , 8 foot sidewalk width (west
side) , 1.5 foot public utilities area (east side) , 8
foot sidewalk width meandering within 20 foot easement
(east side) , 7.5 traffic index, and 16,000 maximum ADT
in 20 years. It is anticipated that project driveways
will be located at the northern terminus of this
segment. The anticipated lane configuration within this
section includes one southbound right turn lane, one
southbound through lane, one southbound left turn lane,
two northbound through lanes, and one northbound bike
lane.
2
2. Liberty Bell Road (from the above mentioned northern
terminus of Section 1 to a point at least 400 feet north
of the northern Los Angeles Avenue right-of-way
prolongation as measured along centerline of Liberty
Bell Road) per Plate B-3D, modified to have 73.5 foot
right-of-way, 64 foot pavement width, 16 foot flooding
free width, 8 foot parkway width (west side) , 8 foot
sidewalk width (west side) , 1 .5 foot public utilities
area (east side) , 8 foot sidewalk width meandering
within 20 foot easement (east side) , 7.5 traffic index,
and 16,000 maximum ADT in 20 years. It is anticipated
that project driveways will be located at the northern
terminus of this segment. The anticipated lane
configuration within this section includes one
southbound bike lane, two southbound through lanes, two
northbound through lanes, and one northbound bike lane.
3. Liberty Bell Road (from the above mentioned northern
terminus of Section 2 to Lassen Avenue) per Plate B-3D,
modified to have 53.5 foot right-of-way, 44 foot
pavement width, 16 foot flooding free width, 8 foot
parkway width (west side) , 8 foot sidewalk width (west
side) , 1 .5 foot public utilities area (east side) , 8
foot sidewalk width meandering within 20 foot easement
(east side) , 7.5 traffic index, and 8,000 maximum ADT
in 20 years. The anticipated lane configuration within
this section includes one southbound bike lane, one
southbound through lane, one northbound through lane,
and one northbound bike lane. A northbound right turn
lane is also anticipated at the Lassen Avenue
intersection.
4. Liberty Bell Road (from Lassen Avenue to Poindexter
Avenue) per Plate B-5A, modified to have 50.5 foot
right-of-way, 44 foot ultimate pavement width, 30 foot
interim pavement width, 5 foot ultimate parkway (west
side) , 20 foot ultimate meandering walk easement (east
side) , and 5 foot interim asphalt sidewalk (east side) .
Only the interim improvements are required to be
constructed in conjunction with CPD 89-1 and CPD 89-2.
The anticipated interim lane configuration within this
section includes one southbound through lane and one
northbound through lane.
c. Lassen Avenue per Plate B-5A, modified to have 49.5 foot
right-of-way, 8 foot sidewalk (south side) , 1 .5 foot public
utilities area (north side) , and 5 foot sidewalk width
meandering within 20 foot easement (north side) . Lassen
Avenue shall connect to Sierra Avenue and shall terminate east
of Park Lane such that it can be extended easterly in the
future. Temporary termination of road improvements shall be
installed per Plate F-1 .
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d. Park Lane per Plate B-3D, modified west of centerline to have
21 .5 foot right-of-way, 20 foot pavement width, 1 .5 foot
public utilities area, and 8 foot sidewalk width meandering
within 20 foot easement; with the portion of Park Lane located
within 150 foot north of the prolongation of the northern
right-of-way of Los Angeles Avenue designed and constructed in
accordance with Plate B-3D, modified to have 58.5 foot right-
of-way width, 49 foot pavement width, 1 .5 foot public
utilities area (west side) , and 8 foot sidewalk width
meandering within 20 foot easement (west side) . All necessary
transitions shall be designed and constructed to the
satisfaction of the City Engineer. The anticipated lane
configuration on Park Lane at the Los Angeles Avenue
intersection includes one southbound right turn lane, one
southbound through lane, one southbound left turn lane, and
one northbound through lane. To the greatest extend
practicable, Park Lane improvements north of Los Angeles
Avenue shall align with ultimate improvements south of Los
Angeles Avenue. Design of the Park Lane - Los Angeles Avenue
intersection must be reviewed and approved by the City
Engineer prior to recordation so that the dedication of right-
of-way on the map will be ultimate right-of-way dedication.
e. No portion of any project driveway may be within 150 feet of
the nearest curb prolongation of an adjacent intersection.
f. The applicant shall construct the necessary improvements to
provide Class II bicycle lanes along Liberty Bell Road per the
Circulation Element of the Moorpark General Plan. However,
these improvements need not be constructed as off-site
improvements.
g. If possible, the applicant shall construct the necessary
improvements to provide a Class II bicycle lane along Los
Angeles Avenue per the Circulation Element of the Moorpark
General Plan.
5. The applicant shall demonstrate for each building pad to the
satisfaction of the City as follows:
a. Adequate protection from 100-year frequency storm;
b. Feasible access during a 10-year frequency storm.
Hydrology calculations shall be per current Ventura County
Standards.
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6. The applicant shall submit to the City for review and approval ,
drainage plans, hydrologic and hydraulic calculations prepared by a
registered civil engineer; shall enter into an agreement with the
City to complete the improvements and shall post sufficient surety
guaranteeing the construction of the improvements. The drainage
plans and calculations shall indicate the following conditions
before and after development:
Quantities of water, water flow rates, major water courses, drainage
areas and patterns, diversions, collection systems, flood hazard
areas, sumps and drainage courses. Hydrology shall be per current
Ventura. County Standards except as follows:
a. all catch basins in sump locations shall carry a 50-year
frequency storm;
b. all catch basins on continuous grades shall carry a 10-year
storm;
c. all catch basins in a sump condition shall be sized such that
depth of water at intake shall equal the depth of the approach
flows:
d. all culverts shall carry a 100-year frequency storm;
e. drainage facilities shall be provided such that surface flows
are intercepted and contained prior to entering collector or
secondary roadways;
f. 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 possible.
g. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided by
the applicant.
h. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer.
A Hydrology/Hydraulic Report and Hydraulic Plans shall address the
following:
a. No flows from a 50 year storm shall flow from this project
onto Los Angeles Avenue, or to the existing tract (Tract 1240)
to the west.
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b. The required storm drain improvements required to pick up off-
site storm water and carry it to its final disposal from
Poindexter Avenue, Mcfadden Avenue and Cornette Avenue as
identified by the City of Moorpark Master Drainage Study,
shall be designed and constructed. (Note: The applicant has
proposed directing storm water from Poindexter Avenue directly
into the Walnut Canyon drain as an alternative to carry this
storm water across the site. It is emphasized that this
alternative will require permits from the Ventura County Flood
Control District, Southern Pacific Railroad and City of
Moorpark. This alternative can be considered, but all plans
and permits must be completed prior to approval of the final
map.)
c. The storm drain along Los Angeles Avenue shall be extended
from its full size terminus to connect to the existing 54" RCP
east of Shasta Avenue.
d. The on-site drainage system shall be designed to provide
retention such that 10 year flows after development do not
exceed existing 10 year flows.
e. This study shall analyze the hydraulic capacity of the Shasta
Drain to the Arroyo Simi .
7. The applicant shall demonstrate legal access for each parcel to the
satisfaction of the City.
8. The applicant shall deposit with the City a contribution for the Los
Angeles Avenue Area of Contribution.
The actual deposit shall be the then current Los Angeles Avenue Area
of Contribution rate at the time of final map approval .
9. The applicant shall indicate in writing to the City the disposition
of any water well (s) or any other well that may exist within the
project. If any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be destroyed
per Ventura County Ordinance No. 2372.
10. If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon land in
which the applicant does not have title or interest sufficient for
such purposes, the applicant shall do all of the following at least
60 days prior to the filing of the final or parcel map for approval
pursuant to Government Code Section 66457.
a. Notify the City in writing that the applicant wishes the City
to acquire an interest in the land which is sufficient for
such purposes as provided in Government Code Section 66462.5;
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b. Supply the City with (i) a legal description of the interest
to be acquired, (ii ) a map or diagram of the interest to be
acquired sufficient to satisfy the requirements of subdivision
(e) of Section 1250.310 of the Code of Civil Procedure, (iii )
a current appraisal report prepared by an appraiser approved
by the City which expresses an opinion as to the current fair
market value of the interest to be acquired, and (iv) a
current Litigation Guarantee Report;
c. Enter into an agreement with the City, guaranteed by such cash
deposits or other security as the City may require, pursuant
to which the applicant will pay all of the City's cost
(including, without limitation, attorney's fees and overhead
expenses) of acquiring such an interest in the land.
11 . The applicant shall pay all energy costs associated with street
lighting for a period of one year from the initial energizing of the
street lights.
12. The applicant shall execute a covenant running with the land on
behalf of itself and its successors, heirs, and assigns agreeing to
participate in the formation of an assessment district or other
financing technique including, but not limited to, the payment of
traffic mitigation fees, which the City may implement or adopt, and
public street and traffic improvements directly or indirectly
affected by the development.
13. The applicant shall post sufficient surety guaranteeing completion
of all improvements which revert to the City (i .e. , landscaping,
parks, fencing, etc. ) or which require removal (i .e. , model homes,
temporary debris basins, etc. ) .
14. A meandering sidewalk along Los Angeles Avenue adjacent to the
property frontage shall be constructed, with the precise design and
location approved by the City Engineer and Director of Community
Development. The following criteria for the design of the
meandering sidewalk shall be met:
a. Crossfall shall not exceed two percent.
b. Sidewalks shall be a minimum 8 feet wide at all points.
c. The meandering sidewalk shall be contained either within
street right-of-way or within an access easement offered to
the City.
d. The applicant shall agree to maintain the sidewalk and any
related landscaping.
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15. A meandering sidewalk along the east side of the Liberty Bell Road
frontage between Los Angeles Avenue and Lassen Avenue shall be
constructed, with the precise design and location approved by the
City Engineer and Director of Community Development. The following
criteria for the design of the meandering sidewalk shall be met:
a. Cross falls shall not exceed 2 percent.
b. Sidewalks shall be a minimum 8 feet wide at all points.
c. Meandering sidewalk shall be contained either within public
right-of-way or within an access easement offered to the City.
d. The applicant shall agree to maintain the sidewalk and any
related landscaping.
16. A meandering sidewalk along the west side of the Park Lane shall be
constructed, with the precise design and location approved by the
City Engineer and Director of Community Development. The following
criteria for the design of the meandering sidewalk shall be met:
a. Cross falls shall not exceed 2 percent.
b. Sidewalks shall be a minimum 8 feet wide at all points.
c. Meandering sidewalk shall be contained either within public
right-of-way or within an access easement offered to the City.
d. The applicant shall agree to maintain the sidewalk and any
related landscaping.
17. Applicant shall post sufficient surety for the installation of a
traffic signal at the intersection of Los Angeles Avenue - Liberty
Bell Road. The applicant may be entitled to receive reimbursement
from the Los Angeles Avenue Area of Contribution of up to $65,000 or
50 percent of the construction expenses, whichever is less.
18. The applicant shall post sufficient surety for the installation of
a traffic signal at the intersection of Los Angeles Avenue - Park
Lane.
19. Applicant shall make a special contribution to the City of $16,800
which represents approximately 14% of the estimated project expenses
associated with the installation of a traffic signal at the
intersection of Moorpark Avenue - Poindexter Avenue.
20. The applicant shall post sufficient surety for construction of
improvements sufficient to add an eastbound left turn lane at the
Los Angeles Avenue - Moorpark Avenue intersection to provide
eastbound dual left turn lanes. Design and construction shall be to
the satisfaction of the City Engineer.
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21 . The applicant shall post sufficient surety for construction of
improvements sufficient to add a westbound left turn lane at the
Tierra Rejada Road - Los Angeles Avenue intersection to provide dual
westbound left turn lanes. Design and construction shall be to the
satisfaction of the City Engineer.
22. The applicant shall post sufficient surety for construction of
improvements sufficient to add a southbound left turn lane at the
Spring Road - New Los Angeles Avenue intersection to provide dual
southbound left turn lanes. Design and construction shall be to the
satisfaction of the City Engineer.
23. The applicant shall submit to the City for review and approval ,
evidence that the CC&R's will include provisions for maintenance of
the landscape easements along Poindexter Avenue, Liberty Bell Road,
Park Lane, Lassen Avenue and Los Angeles Avenue.
That the CC&R's shall evidence future participation in a City
assessment district for the maintenance of all such landscape
easement areas, to be activated as necessary at the City's option,
should the Homeowner's Association not maintain these areas in a
satisfactory manner. Total cost of the maintenance shall be borne
by the lot owners within RPD 89-1 , CPD-89-1 and CPD 89-2. Prior to
recordation of each phase, the subject areas shall be denoted as
easements on the final map for the purpose identified above.
24. The applicant shall offer to dedicate to the City of Moorpark for
public use, all right-of-way for public streets.
25. The applicant shall offer to dedicate access easements to the City
of Moorpark over all private streets to provide access for all
governmental agencies providing public safety, health and welfare.
26. The applicant shall offer to dedicate to the City of Moorpark,
public service easements as required.
27. The applicant shall dedicate to the City of Moorpark the access
rights adjacent to Los Angeles Avenue, Poindexter Avenue, Lassen
Avenue, Park Lane and Liberty Bell Road except for approved access
roads.
28. Lot to lot drainage easements and secondary drainage easements shall
be delineated. Assurance shall be provided to the City, to the
satisfaction of the City, that these easements will be adequately
maintained by property owners to safely convey storm water flows.
29. The applicant shall provide a reciprocal access agreement as
necessary for CPD 89-1 and CPD 89-2.
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DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
30. That prior to any work being conducted within the State or City
right of way, the applicant shall obtain all necessary encroachment
permits from the appropriate Agencies.
31. That the applicant shall construct any necessary drainage
facilities, including brow ditch and slope bench drainage channels,
with a permanent earth tone color(s) so as to minimize visual
impacts. Said color(s) shall be submitted to and approved by the
Director of Community Development as part of the grading plans.
32. An 18" slough wall shall be constructed directly behind the back of
the sidewalk where slopes over 4' are adjacent to sidewalk so as to
reduce debris from entering streets.
33. If any hazardous waste is encountered during the construction of
this project, all work shall be immediately stopped and the Ventura
County Environmental Health Department, the Fire Department, the
Sheriff's Department, and the City Construction Observer shall be
notified immediately. Work shall not proceed until clearance has
been issued by all of these agencies.
34. Where roads are to be built requiring 4 or more inches of pavement,
applicant shall construct the required street section minus 1-inch
of paving as an interim condition until all utility cuts or
trenching is completed. The final 1-inch cap of asphalt shall be
placed after all necessary trenching is completed.
35. No trees with a trunk diameter in excess of 4 inches shall be
trimmed or removed without prior approval of the City Council .
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PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
36. If the land is in a special flood hazard area, the applicant shall
notify all potential buyers of this condition.
37. The following new traffic signal systems and traffic signal
modifications with associated street improvements shall be in place
prior to occupancy.
a. The Los Angeles Avenue - Liberty Bell Avenue traffic signal
shall be operational .
b. The Los Angeles Avenue - Park Lane traffic signal shall be
operational .
c. Construction of the additional eastbound left turn lane at the
Los Angeles Avenue - Moorpark Avenue intersection shall be
completed.
d. Construction of the additional westbound left turn lane at the
Los Angeles Avenue - Tierra Rejada Road intersection shall be
completed.
e. Construction of the additional southbound left turn lane at
the Spring Road - New Los Angeles Avenue intersection shall be
completed.
If any of these improvements are not allowed by Caltrans to be
constructed at the time of the applicant's request for occupancy,
the applicant shall deposit 125% of the total estimated construction
cost. This construction cost shall include associated construction
inspection and administration costs.
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PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
38. Sufficient surety guaranteeing the public improvements for a period
of one year shall be provided.
39. Original "as-built" plans on standard size sheets will be certified
by the applicant's civil engineer and submitted to the City
Engineer's office.
40. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
01064/3004
FM0309.CON
June 6, 1990
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CONDmONS OF APPROVAL -RESIDENTIAL
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
1. The permit is granted for the construction of 227 multi-family units (159 family units and 68
senior units) as shown on the submitted plot plans and elevations. The location and design of all site
improvements shall be as shown on the approved plot plan and elevations except or unless indicated
otherwise herein.
2. The final design of all buildings, communal open spaces, recreation facilities, walls, and fences,
including materials and colors is subject to the approval of the Director of Community Development
prior to issuance of a zoning clearance.
3. This development is subject to all applicable regulations of the RPD Zone and all agencies of the
State of California, Ventura County, the City of Moorpark, and any other governmental entities.
4. The permittee agrees to a condition of issuance or renewal of this Permit to defend, at their sole
expense, any action brought against the City because of issuance or renewal of this Permit, or in the
alternative, to relinquish this Permit. The permittee will reimburse the City for any court costs and/or
attorney's fees which the City may be required to pay as a result of any action by a court. The City may
at its sole discretion, participate in the defense of any such action, but such participation shall not
relieve permittee of the obligations under this condition.
5. No Condition of this Permit shall be interpreted as permitting or requiring any violation of law,
or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where
more than one set of rules apply, the stricter ones shall take precedence.
6. Unless the project is inaugurated (building foundation slab in place and substantial work in
progress) not later than two years after this permit is granted, this permit shall automatically expire
on that date. The Director of Community Development may, at his discretion, grant up to one (1)
additional year extension for project inauguration if there have been no changes in the adjacent areas
and if applicant can document that he has diligently worked towards inauguration of the project during
the initial two-year period.
7. Land uses and facilities other than those specifically approved by this Permit shall require a
modification to the Permit.
8. Any minor changes to this Permit shall require the submittal of an application for a minor
modification and any major changes to this Permit shall require the submittal of a major modification.
9. If any of the Conditions or limitations of this Permit are held to be invalid, that holding shall
not invalidate any of the remaining conditions or limitations set forth.
10. A sign permit is required for all on-site signs and directory boards.
11. Prior to submission of construction plans for plan check or initiation of any construction activity,a
zoning clearance shall be obtained from the Department of Community Development.
12. The permittees acceptance of this permit and/or commencement of construction and/or
operations under this permit shall be deemed to be acceptance of all conditions of this permit.
1
PRIOR TO ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
13. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating
awareness and understanding of all permit conditions,and shall agree to abide by these Conditions.
14. The final construction working drawings shall be submitted to the Director of Community
Development for review.
15. Complete landscape plans (2 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 applicant shall bear the total cost of the
landscape plan review and final installation inspection. The landscaping and planting plan submitted
for review and approval shall be accompanied by a deposit as specified by the City of Moorpark.
Additional funds may subsequently need to be deposited to cover all landscape plan check and
inspection fees. The final landscape plans shall be approved by the Director of Community
Development prior to issuance of Zoning Clearance. All landscaping and planting shall be
accomplished and approved by the Director of Community Development,or his designee, prior to the
approval of occupancy. The final project landscape plans shall include the following:
a. A revised landscaped entry from Poindexter Avenue shall be provided and shall include larger
tree species (24-inch box size and larger) along the perimeter of the site.
b. A 30-foot wide landscaped setback (does not include the public right-of-way)shall be provided
along Lassen Avenue,Poindexter Avenue,and Liberty Bell Avenue.
c. Meandering sidewalks, a minimum of 5 feet in width, shall be provided along the north side of
Lassen Avenue, along the south side of Poindexter Avenue, and along the east side of Liberty
Bell Avenue within the project limits.
d. The final design of all sidewalks and pedestrian paths within the project limits is subject to
the approval of the Community Development Director.
e. Backflow preventers and transformers shall be shown on the landscape plants) and shall be
screened with landscaping and/or a wall.
1. The final design of all recreation features shall be included as part of the final landscape plans
submittal,and shall be subject to the approval of the Community Development Director.
g. A sufficient amount of tall growing trees and/or shrubs shall be planted along the western site
boundary to minimize the glare impacts and the loss of privacy of the nearby single-family
neighborhood. Trees shall be a minimum 24 inch box size in order to provide a screening effect in
a short time period.
h. A landscaped pedestrian walkway shall be provided to Sierra Avenue subject to Director of
Community Development approval of design.
i. Any turf plantings associated with this project shall be drought tolerant, low-water using
variety.
j. Landscaping at site entrances and exits and at any intersection within the parking lot shall not
block or screen the view of a seated driver from another moving vehicle or pedestrian.
2
k. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded
by six-inch high concrete curbs.
1. Parking areas along Liberty Bell shall be screened from view through the use of landscaping
and 3-foot tall berms and/or a low wall.
16. 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. Prior to
the issuance of a zoning clearance, the final design and materials for the roof screen and location of any
roof mounted equipment must be approved by the Director of Community Development. The screening
shall be maintained for the life of the permit.
17. The water heater vent shall be relocated so as to not be visible from a front elevation viewpoint.
18. 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 self-closing metal gates. The final design of all trash enclosures shall be subject to the
approval of the Director of Community Development prior to the issuance of a zoning clearance.
19. All exterior building materials and paint colors shall be approved by the Director of Community
Development to ensure compatibility with adjacent development.
20. All roof jacks and metal flashing shall be painted to match the buildings or roof color. All deck
drains shall drain to the side not front.
21. Wrought iron fencing with pilasters shall be provided around the swimming pool areas as
approved within the landscape plan. All fences and walls shall be approved by the Director of
Community Development.
22. Solar panels for heating the swimming pool(s) shall be located on the recreation building(s) or
other buildings subject to the approval of the Director of Community Development prior to the issuance
of a zoning clearance.
23. All walls along the perimeter of the project site shall be either six (6) feet or eight (8) feet in
height as shown on the site plan and shall be tan colored slumpstone. The following revisions to the
site plan are required regarding wall locations:
a. Walls shall be located within one foot of the western and eastern property lines.
b. For the northerly perimeter of the site, the wall shall be set back a minimum of thirty (30) feet
from Poindexter Avenue right-of-way, but shall otherwise be located within one foot of the
property line. Where adjacent to Poindexter Avenue, the perimeter wall shall be offset at
regular intervals to provide visual interest and planting areas.
c. For the southerly perimeter of the site the perimeter wall shall be set back a minimum of
thirty (30) from Lassen Avenue. This wall shall be offset at regular intervals.
24. Wing wall extensions approximately five feet in length shall be provided the ends of the
residential buildings.
25. Bullnose stucco molding shall be used to soften edges of residential buildings.
26. Individual garages shall be a minimum of 20 feet in length and 20 feet in width with a minimum
interior height of 8 feet.
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27. All garage doors shall have automatic door openers.
28. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional one-
half foot width must be provided for parking spaces located adjacent to a wall. 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. Drive aisles between parking
spaces shall be thirty (30) feet in width.
29. A parking space assignment plan shall be approved by the Director of Community Development
prior to zoning clearance approval.
30. The windows along the front and rear elevations of the apartment buildings shall be double pane
glass with a small pane appearance.
31. All residential units shall be constructed employing energy saving devices. These are to include,
but are not limited to, the following:
a. Low flush toilets(not exceed 1.6 gallons of water per flush)
b. Shower controllers(which emit a maximum of 2.5 gallons of water per minute)
c. Stoves,ovens and ranges,when gas fueled,shall not have continuous burning pilot lights.
d. All thermostats connected to the main space heating source shall have night setback features.
e. Kitchen ventilation system to have automatic dampers to ensure closure when not in use.
32. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in
the State of California and submitted to the Department of Community Development for review and
approval. The lighting plan shall achieve the following objectives: Avoid interference with
reasonable use of adjoining properties; minimize on-site and off-site glare; provide adequate on-site
lighting; limit electroliers height to avoid excessive illumination; and provide structures which are
compatible with the total design of the proposed facility.
The lighting plan 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-half foot candle
illumination at property lines.
d. There shall be no more than a seven-to-one (7:1) ratio of level of illumination shown
(maximum-to-maximum ratio between lighting standards).
e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent
properties.
f. Average minimum maintained one-half foot candle illumination.
g. No light shall be emitted above the 90 degree or horizontal plane.
h. All parking lot pole lights shall be fully hooded and back shielded to reduce the light
"spillage" and glare.
4
33. Television cable service shall be provided to all units and recreation buildings consistent with
existing city cable system requirements. Undergrounding of cable wires is required and no lines shall be
allowed to be extended along the exterior walls of residential buildings.
34. All existing and proposed utilities are required to be undergrounded to the nearest off-site utility
pole except through transmission lines. This requirement for undergrounding includes all above ground
power poles on the project site and those along the frontage of the site in the Poindexter Avenue right-
of-way. Prior to the issuance of a zoning clearance, the applicant shall submit a plan for review and
approval to the Director of Community Development which identifies how compliance with the
undergrounding requirement will be met.
35. Gutters and roof drains for all buildings shall be provided.
36. A transportation service shall be provided for the life of the senior project. This service shall
include but is not limited to; one passenger van with a licensed certified driver to be available for a
minimum of three(3)set days a week.
37. The 68 designated senior units shall be occupied by at least one person 62 years or older. Each
July 1st the owner shall give a report to the City certifying that each senior unit is occupied by at least
one tenant 62 years of age or older.
38. An intercom system shall be provided at the front pedestrian entries of the senior units.
39. The senior and family unit complexes shall be managed by an on-site manager.
40. For the senior units adequate design features such as grab bars in bathrooms, wider landings for
stairs, surfaces for resting, benches, walk-in showers, intercom systems, etc., shall be required and
subject to the Director of Community Development approval prior to zoning clearance.
41. No asbestos pipe or construction materials shall be used without prior approval of the City
Council.
42. 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 the 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.
43. Prior to the issuance of a Zoning Clearance,a surety 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 Surety 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 ordinance regarding
condition compliance for entitlement approvals as adopted by the City Council.
44. If any archaeological or historical artifacts are uncovered during excavation operations the
permittee shall assure the preservation of the site, shall obtain the services of a qualified
archaeologist to recommend proper disposition of the site,and shall obtain the Director of Community
Development's written concurrence of the recommended disposition before resuming development.
Should human burial remains be encountered during any grading or excavation activities, the permittee
shall cease operation and shall notify the Community Development Department staff. Following
notification, the permittee shall obtain the services of a qualified archaeological consultant and
Native American Monitor(s) who shall assess the situation and recommend proper disposition of the
site as approved by the Director of Community Development.
5
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
45. An"Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura
County Waterworks District No. 1.
46. The applicant shall pay all school assessment fees levied by the Moorpark Unified School
District.
PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
47. Prior to the issuance of an Occupancy Permit, all landscaping and irrigation system installation
shall be completed and approved by the Director of Community Development or his designee.
48. All parking areas shall be surfaced with asphalt or concrete and shall include adequate
provisions for drainage,striping and appropriate wheel blocks,curbs,or posts in parking areas adjacent
to landscaped areas.
49. No use for which this permit is granted shall be commenced with until a Certificate of
Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of
Occupancy may be issued until all on-site improvements specified in this permit have been completed or
the applicant has provided some form of financial security to guarantee the agreement such as a
Faithful Performance Bond. Said on-site improvements shall be completed within 120 days of issuance
of the Certificate of Occupancy. In case of failure to comply with any term or provision of this
agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the
required improvements to the satisfaction of the Director of Community Development, the surety may
be exonerated by action of the Director of Community Development.
AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS
SHALL BE APPLICABLE:
50. 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 name and address if the new owner or
lessee. The same letter shall state the new owner or lessee has read all conditions pertaining to this
Permit and agrees with said conditions.
51. The continued maintenance of the permit area facilities shall be subject to periodic inspection by
the City. The permittee shall be required to remedy any defects in ground maintenance,as indicated by
the Code Enforcement Officer within thirty (30) days after notification.
52. The striping for parking spaces shall be maintained so that it remains clearly visible.
53. The applicant and his successors, heirs, and assigns shall remove any graffiti within ten (10)
days from written notification by the City of Moorpark. All such graffiti removal shall be
accomplished to the satisfaction of the City.
6
MMIPARKIMIailEMEMMagQ1MMONS
DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY:
54. A licensed security guard is recommended during the construction phase, or a 6-foot high chain
link fence shall be erected around the construction site.
55. Construction equipment,tools,etc.,shall be properly secured during non-working hours.
56. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly
secured prior to installation. All serial numbers shall be recorded for identification purposes.
PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
57. Lighting devices shall be high enough so as to prevent 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 of one-half foot candle of light and shall be designed to minimize the
spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather
and breakage-resistant covers.
58. Landscaping shall not cover any exterior door.
59. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or
screen the view of a seated driver from another moving vehicle or pedestrian.
60. All entrance/exit driveways shall be a minimum of 30 feet in width.
61. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the
locking bar or bold extending into the receiving guide a minimum of 1-inch deadbolt.
62. Address shall be clearly visible to approaching emergency vehicles and shall be mounted
against a contrasting color.
63. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc.
64. Directory boards indicating locations of the various buildings and individual units shall be
displayed at each entrance to the complex and lighted during the hours of darkness. Directory boards
require a separate sign permit.
65. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof
vents or other roof openings where access may be made.
66. Upon occupancy by the owner or proprietor, each single unit in the development, constructed
under the same general plan, shall have locks using combinations which are interchanging free from
locks used in all other separate proprietorships or similar distinct occupancies
7
VENTURA COUNTY IRE DEPARTMENT CONDMONS
PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
67. Any structure greater than 5,000 square feet in an area and/or five miles from a fire station shall
be provided with an automatic fore sprinkler system in accordance with Ventura County Ordinance No.
14. If the building is to be protected by an automatic sprinkler system, plans shall be submitted, with
payment for plan check,to the Ventura County Bureau of Fire Prevention for review and approval.
68. The applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval
of the location of fire hydrants. All existing hydrants within 300 feet of the development must be
shown of the plan.
69. Building plans of all A,E,I,and H occupancies shall be submitted to the Ventura County Bureau
of Fire Prevention for plan check.
70. The applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for
approval of the location of fire lanes.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
71. The minimum fire flow required shall be determined by the type of building construction,
proximity to other structures, fire walls and fire protection devices provided, as specified by the I.S.O.
Guide for Determining Required Fire Flow. Given the present plans an information, the required fire
flow is approximately 4,500 gallons per minute. The applicant shall verify that the water purveyor
can provide the required volume at the project.
PRIOR TO CONSTRUCTION,THE FOLLOWING CONDITIONS SHALL APPLY:
72. Access roads shall be a minimum of 25 feet in width and shall be installed with an all weather
surface, suitable for access by fire department apparatus.
73. Fire hydrants shall be installed and in service prior to combustible construction and shall
conform to the minimum standards of the Ventura County Water Works Manual.
a. Each hydrant shall be a 6-inch wet barrel design and shall have two 4-inch and one 2 1/2-inch
outlet(s).
b. The required fire flow shall be achieved at not less than 20 psi residual pressure.
c. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther
than 150 feet any one hydrant.
d. Fire hydrants shall be recessed in from the curb face 24 inches at center.
74. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to
framing,according to the Ventura County Weed Abatement Ordinance.
PRIOR TO OCCUPANCY,THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
75. Trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be stored
within 5 feet of openings,combustible walls,combustible roof eaves lines,unless protected by approved
automatic fire sprinklers.
8
76. Address numbers,a minimum of 6 inches high,shall be installed prior to occupancy and shall be
of contrasting color to the background. Where structures are set back more than 250 feet from the street,
larger numbers will be required so that they are distinguishable from the street. In the event a
structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the
driveway entrance.
77. Fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and
Article 10 of the Uniform Fire Code.
78. Fire extinguishers shall be installed in accordance with National Fire Protection Association
Pamphlet No. 10. The placement of extinguishers shall be reviewed and approved by the Bureau of
Fire Protection.
9
VENTURA COUNTY WATERWORKS DISTRICT NO.1 CONDITIONS
GENERAL REQUIREMENT:
79. The applicant for service shall comply with the Ventura County Waterworks District No. 1
"Rules and Regulations".
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
80. The District shall be allowed to review the adequacy and level of service for the project when
tenant improvements are requested. Additional facilities, on-site treatment, or other modifications
may be required as a condition of certain tenant improvements.
10
VENTLmA COUNT'FLOOD CONTROL WATER R SO TRCES DEP RTMENT COND1TioN5
PRIOR TO APPROVAL OF A ZONING CLEARANCE,THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
81. The Drainage Study shall be reviewed and approved by the County of Ventura Flood Control
and Water Resources Department.
11
FNVIRONMFNTAI,IMPACT REPORT CONDITIONS
82. The applicant shall conduct a detailed geotechnical engineering investigation to confirm and
evaluate the potential for liquefaction at the site. The investigation shall include subsurface borings to
depths of forty five to fifty feet with appropriate in-situ testing and sampling. Caisson or pile-
supported foundation systems, structural slabs, sub-drains, or dewatering systems have all been
successfully utilized on projects where liquefaction potentials are high.
83. The applicant shall conduct a detailed geotechnical engineering investigation to evaluate the
mechanical properties of the deposits underlying proposed buildings and attendant infrastructure. Such
an investigation shall include subsurface explorations to obtain representative in-situ and bulk soil
samples, appropriate laboratory testing, and an analysis of pertinent factors including removal and
recompaction of compressible soils,foundation design parameters,and the stability of graded slopes.
THE FOLLOWING MEASURES SHALL BE IMPOSED DURING THE CONSTRUCTION PERIOD
84. A regular watering program shall be implemented to reduce fugitive dust. Twice during the work
day and at the end of the work day, graded portions of the project site shall be watered to create a
"crust"surface. This would reduce the amount of dust generated during non-work hours.
85. When appropriate, exposed surfaces shall be seeded with a fast growing, soil binding plants.
This would substantially reduce wind erosion and its contribution to local particulate levels.
86. The applicant(s) shall obtain a grading permit from the City of Moorpark prior to Zoning
Clearance. All grading operations shall be subject to compliance with the Ventura County APCD dust
control measures as enforced by APCD inspectors.
87. All grading and construction equipment shall be kept on or near the site until those phases of
development are completed.
88. Site access roads shall be covered with gravel or paving.
89. During periods of high winds(30 mph or greater),grading operations shall be ceased.
90. All earth material being moved shall be securely covered.
91. Periodic application of water on material stockpiles shall be conducted.
92. On-site vehicular traffic shall be limited to no more than 15 mph.
93. Public streets in the vicinity of the site shall be periodically washed down with water.
94. Provide On-site Transit Facilities - The applicant shall provide the following on the project
site: covered and lighted bus stop;bus turnout;and safe pedestrian walkways between structures and bus
stop.
95. Off-site Vehicular Traffic Circulation Improvements - The applicant shall contribute "Area of
Contribution" funds as directed by the City for the improvement of local vehicular traffic circulation
improvements. Such improvements could include improved signal synchronization and/or widening of
intersections/roadways. This measure is proposed in order to improve the flow of traffic in the City
which would reduce congestion and the emission of air pollutants.
96. Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m., and shall
exclude Saturdays and Sundays.
12
97. During site preparation and construction, construction equipment shall be fitted with modern
sound-reduction equipment.
98. Vehicle speed limits of 25 mph shall be posted along Liberty Bell and Lassen Avenue.
99. Use of parking lot vacuums and landscape maintenance equipment shall be limited to the hours
of 8 a.m.and 7 p.m.weekdays.
100. Contributions to the fire department's "roof tax" shall be complied with by the project
applicant.
101. Prior to the approval of building plans, the fire department shall review and approve all
project plans to ensure all measures are incorporated to reduce fire impacts.
123 A licensed security guard is required during the construction phase, or a 6-foot high chain fence
shall be constructed around the construction site.
102. Construction equipment,tools,etc.,shall be properly secured during non-working hours.
103. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly
secured prior to installation during non-working hours. All serial numbers shall be recorded for
identification purposes.
104. 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 1/2-foot candle of light and shall be designed to minimize the
spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather
and breakage-resistant covers.
105. Landscaping shall not obstruct any exterior door.
106. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or
screen views of a seated driver from another moving vehicle or pedestrian.
107. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause
a loss of light at ground level.
108. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a
contrasting color.
109. Address numbers shall be a minimum of six inches in height and illuminated during the hours of
darkness.
110. Doors utilizing a cylinder lock shall have a minimum five pin tumbler operation with the
locking bar or bolt extending into the receiving guide a minimum of one inch.
111. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc.
112. Upon occupancy by the owner or proprietor,each single unit in a tract or commercial development
constructed under the same general plan, shall have locks using combinations which are interchange
free from locks used in all other separate dwellings,proprietorships, or similar distinct occupancies.
113. Quimby fees shall be established consistent with the City ordinances to mitigate impacts
associated with the residential project component.
13
114. The project applicant shall be required to fund all sewer infrastructure improvements necessary
to accommodate the proposed project demand.
115. The applicant shall be required to comply with all pertinent County of Ventura Public Works
Department connection regulations. These mitigation measures shall be implemented by the County of
Ventura Public Works Department (Waterworks District No. 1).
116. On-site detention basins should be incorporated into the proposed site plan. The use of landscape
mounding with area drains placed in a sump condition,would allow for some storage.
117. To encourage future residents and tenants of the proposed project to contribute materials for
recycling, design considerations shall be included in each development component that would provide
adequate space and facilities for the storage and transfer of recyclable materials.
118. Plant a sufficient amount of tall growing trees and/or shrubs along the western site boundary
(abutting the wall) to minimize the glare impacts and the loss of privacy of the nearby single-family
neighborhood.
119. All parking lot pole lights and street lights shall be fully hooded and back shielded to reduce
the light "spillage" and glare.
120. Trees and shrubs planted along the western site perimeter shall be a minimum 24 inch box size in
order to provide a screening effect in a short time period.
121. Colors and materials of the proposed building shall be compatible with the surrounding area.
122. Widen Los Angeles Avenue along the project frontage to provide one additional east and west
bound traffic lane at Liberty Bell Road.
123. Restripe within the existing roadway to provide one additional eastbound and westbound traffic
lane at the Los Angeles Avenue and Park Lane intersection.
124. An eastbound turn pocket an Los Angeles Avenue at Liberty Bell Road shall be installed to
accommodate project traffic arriving from the west.
125. At the Spring Road and Los Angeles Avenue intersection,one eastbound and one southbound left
turn lane shall be installed, and one eastbound and one westbound through lane shall be added on
Spring Road.
14
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CITY ENGINEER'S CONDITIONS - RPD 89-1 (MacLeod)
PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
1 . The applicant shall submit a parcel map(s) for City review and
approval . The map(s) shall encompass CPD 89-1, CPD 89-2 and RPD 89-
1 .
2. The applicant shall submit to the City for review and approval , a
grading plan consistent with Measure "F" prepared by a registered
civil engineer; shall obtain a grading permit; and shall post
sufficient surety guaranteeing completion. Cut or fill slopes shall
be no steeper than 2: 1 (horizontal :vertical ) .
An erosion control plan shall be submitted for review and approval
along with the grading plan. Along with the erosion control
measures, hydroseeding of all graded slopes shall be required within
60 days of completion of grading.
All haul routes shall be approved by the City Engineer. Haul routes
shall be limited to graded areas only.
3. The applicant shall submit to the City for review and approval , a
detailed soils and geotechnical report prepared by both a civil
engineer and a geotechnical engineer registered with the State of
California. The report shall include a geotechnical investigation
with regard to liquefaction, expansive soils, and seismic safety.
The grading plan shall incorporate the recommendations of the
approved soils report.
4. The applicant shall submit to the City for review and approval ,
street improvement plans prepared by a registered civil engineer;
shall enter into an agreement with the City to complete the
improvements; and shall post sufficient surety guaranteeing the
construction of the improvements. Any necessary right-of-way
acquisition necessary to complete the required improvements will be
acquired by the applicant at his/her expense.
The improvements shall include concrete curb and gutter, sidewalk,
street lights, traffic signals, striping and signing, traffic
control , paving, and any necessary transitions to the satisfaction
of the City Engineer. The applicable Ventura County Road Standard
Plates are as follows:
a. Liberty Bell Road shall be designed and constructed to align
with the future built-out portion of Liberty Bell Road, and
the centerline of Liberty Bell Road shall intersect the
centerline of Poindexter Avenue at a location at least 200
feet east of the centerline of Sierra Avenue. The Liberty
Bell Road - Los Angeles Avenue intersection must be designed
and constructed to provide for necessary turning pockets and
1
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. The applicable
plates for various sections along Liberty Bell Road are as
follows:
1 . Liberty Bell Road (from Los Angeles Avenue to a point at
least 150 feet north of the prolongation of northern
right-of-way line of Los Angeles Avenue) per Plate B-3D,
modified to have 77.5 foot ultimate right-of-way width,
68 foot ultimate pavement width, 30 foot interim
pavement width, 16 foot flooding free width, 8 foot
ultimate parkway width (west side) , 8 foot ultimate
sidewalk width (west side) , 1.5 foot public utilities
area (east side) , 8 foot ultimate sidewalk width
meandering within 20 foot easement (east side) , 5 foot
interim asphalt sidewalk (east side) , 7.5 traffic index
and ultimate 16,000 maximum ADT in 20 years. Only the
interim improvements are required to be constructed in
conjunction with RPD 89-1. The anticipated interim lane
configuration within this section includes one
southbound through lane and one northbound through lane.
2. Liberty Bell Road (from the above mentioned northern
terminus of Section 1 to a point at least 400 feet north
of the northern Los Angeles Avenue right-of-way
prolongation as measured along centerline of Liberty
Bell Road) per Plate B-3D, modified to have 73.5 foot
right-of-way, 64 foot ultimate pavement width, 30 foot
interim pavement width, 16 foot flooding free width, 8
foot ultimate parkway width (west side) , 8 foot ultimate
sidewalk width (west side) , 1.5 foot public utilities
area (east side) , 8 foot ultimate sidewalk width
meandering within 20 foot easement (east side) , 5 foot
interim asphalt sidewalk (east side) , 7.5 traffic index
and ultimate 16,000 maximum ADT in 20 years. Only the
interim improvements are required to be constructed in
conjunction with RPD 89-1. The anticipated interim lane
configuration within this section includes one
southbound through lane and one northbound through lane.
3. Liberty Bell Road (from the above mentioned northern
terminus of Section 2 to Lassen Avenue) per Plate B-3D,
modified to have 53.5 foot right-of-way width, 44 foot
ultimate pavement width, 30 foot interim pavement width,
16 foot flooding free width, 8 foot ultimate parkway
width (west side) , 8 foot ultimate sidewalk width (west
side) , 1 .5 foot public utilities area (east side) , 8
foot ultimate sidewalk width meandering within 20 foot
easement (east side) , 5 foot interim asphalt sidewalk
(east side) , 7.5 traffic index and ultimate 8,000
2
maximum ADT in 20 years. Only the interim improvements
are required to be constructed in conjunction with RPD
89-1 . The anticipated interim lane configuration within
this section includes one southbound through lane and
one northbound through lane.
4. Liberty Bell Road (from Lassen Avenue to Poindexter
Avenue) per Plate B-5A, modified to have 50.5 foot
right-of-way, 44 foot pavement width, 5 foot parkway
(west side) , 1 .5 foot public utilities area (east side) ,
and 5 foot sidewalk width meandering within 20 foot
easement (east side) . The anticipated lane
configuration within this section includes one
southbound bike lane, one southbound through lane, one
northbound through lane, one northbound bike lane, and
one parking lane (east side) .
b. Lassen Avenue per Plate B-5A, modified to have 49.5 foot
right-of-way, 8 foot sidewalk (south side) , 1.5 foot public
utilities area (north side) , and 5 foot sidewalk width
meandering within 20 foot easement (north side) . Lassen
Avenue shall connect to Sierra Avenue and shall terminate east
of Park Lane such that it can be extended easterly in the
future. Temporary termination of road improvements shall be
installed per Plate F-1 .
c. Poindexter Avenue per Plate B-3C, modified south of centerline
to have 26.5 feet right-of-way width, 25 foot pavement width,
1 .5 foot public utilities area, and 8 foot sidewalk width
meandering within a 20 foot easement. Poindexter Avenue
improvements shall be constructed across the project frontage
to join existing improvements east and west of the project
limits, including all necessary transitions to the
satisfaction of the City Engineer. A left turn pocket on
Poindexter Avenue at the Liberty Bell Road intersection shall
be designed and constructed to the satisfaction of the City
Engineer. Design of the Liberty Bell Road - Poindexter 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.
d. No portion of any project driveway may be within 150 feet of
the nearest curb prolongation of an adjacent intersection.
e. As requested by the Moorpark School District, there shall be
a bus turnout constructed on the south side of Poindexter
Avenue, east of Liberty Bell Road, per Plate B-13. A bus stop
shall also be constructed to the satisfaction of the City
Engineer on the east side of Liberty Bell Road between Lassen
Avenue and Poindexter Avenue.
3
f. The applicant shall construct the necessary improvements to
provide Class II bicycle lanes along Liberty Bell road per the
Circulation Element of the Moorpark General Plan. However,
these improvements need to be constructed as off-site
improvements.
g. If possible, the applicant shall construct the necessary
improvements to provide a Class II bicycle lane along Los
Angeles Avenue per the Circulation Element of the Moorpark
General Plan.
5. The applicant shall demonstrate for each building pad to the
satisfaction of the City as follows:
a. Adequate protection from 100-year frequency storm;
b. Feasible access during a 10-year frequency storm.
Hydrology calculations shall be per current Ventura County
Standards.
6. The applicant shall submit to the City for review and approval ,
drainage plans, hydrologic and hydraulic calculations prepared by a
registered civil engineer; shall enter into an agreement with the
City to complete the improvements and shall post sufficient surety
guaranteeing the construction of the improvements. The drainage
plans and calculations shall indicate the following conditions
before and after development:
Quantities of water, water flow rates, major water courses, drainage
areas and patterns, diversions, collection systems, flood hazard
areas, sumps and drainage courses. Hydrology shall be per current
Ventura County Standards except as follows:
a. all catch basins in sump locations shall carry a 50-year
frequency storm;
b. all catch basins on continuous grades shall carry a 10-year
storm;
c. all catch basins in a sump condition shall be sized such that
depth of water at intake shall equal the depth of the approach
flows:
d. all culverts shall carry a 100-year frequency storm;
e. drainage facilities shall be provided such that surface flows
are intercepted and contained prior to entering collector or
secondary roadways;
f. 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 possible.
4
g. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided by
the applicant.
h. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer.
A Hydrology/Hydraulic Report and Hydraulic Plans shall address the
following:
a. No flows from a 50 year storm shall flow from this project
onto Los Angeles Avenue, or to the existing tract (Tract 1240)
to the west.
b. The required storm drain improvements required to pick up off-
site storm water and carry it to its final disposal from
Poindexter Avenue, Mcfadden Avenue and Cornette Avenue as
identified by the City of Moorpark Master Drainage Study,
shall be designed and constructed. (Note: The applicant has
proposed directing storm water from Poindexter Avenue directly
into the Walnut Canyon drain as an alternative to carry this
storm water across the site. It is emphasized that this
alternative will require permits from the Ventura County Flood
Control District, Southern Pacific Railroad and City of
Moorpark. This alternative can be considered, but all plans
and permits must be completed prior to approval of the final
map. )
c. The storm drain along Los Angeles Avenue shall be extended
from its full size terminus to connect to the existing 54" RCP
east of Shasta Avenue.
d. The on-site drainage system shall be designed to provide
retention such that 10 year flows after development do not
exceed existing 10 year flows.
e. This study shall analyze the hydraulic capacity of the Shasta
Drain to the Arroyo Simi .
7. The applicant shall demonstrate legal access for each parcel to the
satisfaction of the City.
8. The applicant shall deposit with the City a contribution for the Los
Angeles Avenue Area of Contribution.
The actual deposit shall be the then current Los Angeles Avenue Area
of Contribution rate at the time of final map approval .
9. The applicant shall indicate in writing to the City the disposition
of any water well (s) or any other well that may exist within the
project. If any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be destroyed
per Ventura County Ordinance No. 2372.
5
10. If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon land in
which the applicant does not have title or interest sufficient for
such purposes, the applicant shall do all of the following at least
60 days prior to the filing of the final or parcel map for approval
pursuant to Government Code Section 66457.
a. Notify the City in writing that the applicant wishes the City
to acquire an interest in the land which is sufficient for
such purposes as provided in Government Code Section 66462.5;
b. Supply the City with (i ) a legal description of the interest
to be acquired, (ii ) a map or diagram of the interest to be
acquired sufficient to satisfy the requirements of subdivision
(e) of Section 1250.310 of the Code of Civil Procedure, (iii )
a current appraisal report prepared by an appraiser approved
by the City which expresses an opinion as to the current fair
market value of the interest to be acquired, and (iv) a
current Litigation Guarantee Report;
c. Enter into an agreement with the City, guaranteed by such cash
deposits or other security as the City may require, pursuant
to which the applicant will pay all of the City's cost
(including, without limitation, attorney's fees and overhead
expenses) of acquiring such an interest in the land.
11 . The applicant shall pay all energy costs associated with street
lighting for a period of one year from the initial energizing of the
street lights.
12. The applicant shall execute a covenant running with the land on
behalf of itself and its successors, heirs, and assigns agreeing to
participate in the formation of an assessment district or other
financing technique including, but not limited to, the payment of
traffic mitigation fees, which the City may implement or adopt, and
public street and traffic improvements directly or indirectly
affected by the development.
13. The applicant shall post sufficient surety guaranteeing completion
of all improvements which revert to the City (i .e. , landscaping,
parks, fencing, etc. ) or which require removal (i .e. , model homes,
temporary debris basins, etc. ) .
14. A meandering sidewalk along the east side of the Liberty Bell Road
frontage between Lassen Avenue and Poindexter Avenue shall be
constructed, with the precise design and location approved by the
City Engineer and Director of Community Development. The following
criteria for the design of the meandering sidewalk shall be met:
a. Cross falls shall not exceed 2 percent.
b. Sidewalks shall be a minimum 5 feet wide at all points.
6
c. Meandering sidewalk shall be contained either within public
right-of-way or within an access easement offered to the City.
d. The applicant shall agree to maintain the sidewalk and any
related landscaping.
15. A meandering sidewalk along the north side of the Lassen Avenue
frontage shall be constructed, with the precise design and location
approved by the City Engineer and Director of Community Development.
The following criteria for the design of the meandering sidewalk
shall be met:
a. Cross falls shall not exceed 2 percent.
b. Sidewalks shall be a minimum 5 feet wide at all points.
c. Meandering sidewalk shall be contained either within public
right-of-way or within an access easement offered to the City.
d. The applicant shall agree to maintain the sidewalk and any
related landscaping.
16. Applicant shall make a special contribution to the City of $16,800
which represents approximately 14% of the estimated project expenses
associated with the installation of a traffic signal at the
intersection of Moorpark Avenue - Poindexter Avenue.
17. The applicant shall submit to the City for review and approval ,
evidence that the CC&R's will include provisions for maintenance of
the landscape easements along Poindexter Avenue, Liberty Bell Road,
Park Lane, Lassen Avenue and Los Angeles Avenue.
That the CC&R's shall evidence future participation in a City
assessment district for the maintenance of all such landscape
easement areas, to be activated as necessary at the City's option,
should the Homeowner's Association not maintain these areas in a
satisfactory manner. Total cost of the maintenance shall be borne
by the lot owners within RPD 89-1, CPD-89-1 and CPD 89-2. Prior to
recordation of each phase, the subject areas shall be denoted as
easements on the final map for the purpose identified above.
7
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
18. That prior to any work being conducted within the State or City
right of way, the applicant shall obtain all necessary encroachment
permits from the appropriate Agencies.
19. That the applicant shall construct any necessary drainage
facilities, including brow ditch and slope bench drainage channels,
with a permanent earth tone color(s) so as to minimize visual
impacts. Said color(s) shall be submitted to and approved by the
Director of Community Development as part of the grading plans.
20. An 18" slough wall shall be constructed directly behind the back of
the sidewalk where slopes over 4' are adjacent to sidewalk so as to
reduce debris from entering streets.
21. If any hazardous waste is encountered during the construction of
this project, all work shall be immediately stopped and the Ventura
County Environmental Health Department, the Fire Department, the
Sheriff's Department, and the City Construction Observer shall be
notified immediately. Work shall not proceed until clearance has
been issued by all of these agencies.
22. Where roads are to be built requiring 4 or more inches of pavement,
applicant shall construct the required street section minus 1-inch
of paving as an interim condition until all utility cuts or
trenching is completed. The final 1-inch cap of asphalt shall be
placed after all necessary trenching is completed.
23. No trees with a trunk diameter in excess of 4 inches shall be
trimmed or removed without prior approval of the City Council .
8
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
24. If the land is in a special flood hazard area, the applicant shall
notify all potential buyers of this condition.
9
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
25. Sufficient surety guaranteeing the public improvements for a period
of one year shall be provided.
26. Original "as-built" plans on standard size sheets will be certified
by the applicant's civil engineer and submitted to the City
Engineer's office.
27. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
01063/3001
FM0308.CON
June 6, 1990
10
LAND DIVISION MAP NO: LDM-89-2
APPLICANT: MACLEOD CONSTRUCTION COMPANY
DATE: July 2,1990
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
TENTATIVE TRACT MAP CONDITIONS
GENERAL REQUIREMENTS
1. The conditions of approval of this Tentative Parcel Map supersede all conflicting notations,
specifications,dimensions,typical sections and the like which may be shown on said map: and
that all provisions of the Subdivision map Act, City of Moorpark Ordinance and adopted City
policies apply.
2. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the
conditions of this Map.
3. All applicable requirements of any law or agency of the State, City of Moorpark and any other
governmental entity shall be met,and all such requirements and enactments shall,by reference,
become conditions of this entitlement.
4. The developer's recordation of this map and/or commencement of construction as a result of this
map shall be deemed to be acceptance of all conditions of this map by the applicant.
5. That no condition of this entitlement shall be interpreted as permitting or requiring any
violation of law, or any Iawful rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply, the stricter ones shall take
precedence.
6. That if any of the conditions or limitations of this subdivision are held to be invalid, that
holding shaII not invalidate the remaining conditions or limitations set forth.
7. The development shall be subject to all applicable regulations of the CPD or RPD zones as
applicable.
8. No zone clearance shall be issued for construction until the final map has been recorded. Prior to
the issuance of any permit, a zoning clearance shall be obtained from the Department of
Community Development and a Building Permit shall be obtained from the Department of
Building and Safety after the granting of a zoning clearance.
9. Prior to approval of a Final Map, the developer shall demonstrate by possession of a District
Release from the Calleguas Municipal Water District that arrangements for payment of the
Construction Charge applicable to the proposed subdivision have been made.
10. The Tentative Parcel Map shall expire three years from the date of its approval. Failure to
record a final map with the Ventura County Recorder prior to expiration of the Tentative Map
shall terminate all proceedings, and any subdivision of the land shall require the filing and
processing of a new Tentative Map.
11. Prior to approval of Final Map, or issuance of a grading permit, grading plans shall be
submitted to the Director of Community Development and the City Engineer for review to insure
that such plans meet with the intent expressed in the Engineer's conceptual plans and/or the
Tentative Parcel Map.
1
12. Prior to approval of Final map, an unconditional availability letter shall be obtained from the
County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be
filed with the Department of community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained from the County Waterworks
District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form
satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for
sewer and water service until issuance of a building permit for each lot in the subdivision. Said
agreement shall include language holding the City harmless against damages in the event of
the ultimate lack of adequate sewer service.
13. Prior to recordation all utility lines (with the exception of 67kV or larger lines) shall be placed
underground to the nearest off-site utility pole. This requirement includes all above-ground
poles on the project site and those along the road frontages in the right-of-way.
14. Prior to recording the land division, the subdivider shall obtain a "District Release" from the
Calleguas Municipal Water District and Waterwork's District No. 1. Applicant shall be
required to comply to Ventura County Waterwork's Rules and Regulations including payment of
all applicable fees.
15. At the time water service connection is made,cross connection control devices shall be installed
on the water system in a manner approved by the County Waterworks District No. 1.
16. As of the date of recordation of final parcel map, the parcels depicted thereon shall meet the
requirements of the Zoning Ordinance and General Plan then applicable to the property.
Compliance with this condition shall be required even if the zoning and General Plan
requirements in effect as of the date the tentative map is conditional approved. Conditional
approval of the tentative map shall neither limit the power of the legislative body to amend
the applicable zoning ordinances and/or General Plan nor compel the legislative body to make
any such amendments.
17. Prior to approval of the Final Map the applicant shall pay Quimby Fees consistent with City
Ordinance No.6.
18. That the subdivider shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul any approval by the City or any of its
agencies, departments,commissions, agents, officers, or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37. The city will promptly notify
the subdivider of any such claim, action or proceeding, and, if the city should fail to do so or
should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible
to defend,indemnify and hold harmless the City or its agents, officers and employees pursuant
to this condition. The city may, within its unlimited discretion, participate in the defense of
any such claim,action or proceeding if both of the following occur:
a. The city bears its own attorney fees and costs;
b. The city defends the claim,action or proceeding in good faith.
The subdivider shall not be required to pay or perform any settlement of such claim, action or
proceeding unless the settlement is approved by the subdivider. The subdivider's obligations
under this condition shall apply regardless of whether a parcel map is ultimately recorded
with respect to the subdivision.
2
CITY ENGINEER'S CONDITIONS - LDM 89-2 (MacLeod)
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
19. The applicant shall submit a parcel map(s) for City review and
approval . The map(s) shall encompass CPD 89-1, CPD 89-2 and RPD 89-
1.
20. The applicant shall submit to the City for review and approval , a
grading plan consistent with Measure "F" prepared by a registered
civil engineer; shall obtain a grading permit; and shall post
sufficient surety guaranteeing completion. Cut or fill slopes shall
be no steeper than 2: 1 (horizontal :vertical ) .
An erosion control plan shall be submitted for review and approval
along with the grading plan. Along with the erosion control
measures, hydroseeding of all graded slopes shall be required within
60 days of completion of grading.
All haul routes shall be approved by the City Engineer. Haul routes
shall be limited to graded areas only.
21. The applicant shall submit to the City for review and approval , a
detailed soils and geotechnical report prepared by both a civil
engineer and a geotechnical engineer registered with the State of
California. The report shall include a geotechnical investigation
with regard to liquefaction, expansive soils, and seismic safety.
The grading plan shall incorporate the recommendations of the
approved soils report.
22. The applicant shall submit to the City for review and approval ,
street improvement plans prepared by a registered civil engineer;
shall enter into an agreement with the City to complete the
improvements; and shall post sufficient surety guaranteeing the
construction of the improvements. Any necessary right-of-way
acquisition necessary to complete the required improvements will be
acquired by the applicant at his/her expense.
The improvements shall include concrete curb and gutter, sidewalk,
street lights, traffic signals, striping and signing, traffic
control , paving, and any necessary transitions to the satisfaction
of the City Engineer. The applicable Ventura County Road Standard
Plates are as follows:
a. Los Angeles Avenue per Plate B-2A, modified north of
centerline to have 52.5 feet right-of-way. 51 foot pavement
width, 1 .5 foot public utilities area and 8 foot sidewalk
width meandering within 20 foot easement. Applicant shall
construct improvements north of the centerline across the
frontage of the project. Applicant shall also stripe
appropriate left, through and right turn lanes along Los
Angeles Avenue at its intersection with Park Lane and Liberty
Bell Road. In addition to standard improvements per Plate B-
2A to be constructed along Los Angeles Avenue, the applicant
3
shall construct improvements sufficient to provide a westbound
right turn pocket at the Los Angeles Avenue - Liberty Bell
Road intersection. All necessary transitions shall be
designed and constructed to the satisfaction of the City
Engineer. Any improvements constructed by the City with Los
Angeles Avenue Area of Contribution funds that would normally
be the responsibility of the applicant shall be offset by
special applicant contributions to the Los Angeles Avenue Area
of Contribution fund.
As determined by the EIR Traffic Analysis, no driveways onto
Los Angeles Avenue are necessary. Because driveways on
arterials cause side friction in the form of turning movements
and because project driveways on Los Angeles Avenue are
technically not necessary for circulation, no driveways on Los
Angeles Avenue will be permitted. If, however, the City
Council approves one driveway onto Los Angeles Avenue, the
driveway shall be designed and constructed to the satisfaction
of the City Engineer and shall include curb returns, an
acceleration lane on Los Angeles Avenue, a deceleration lane
on Los Angeles Avenue, adequate sight distance and a 150 foot
uninterrupted driveway length (with no intervening on-site
driveways) as measured north from the northern right-of-way
line of Los Angeles Avenue.
b. Liberty Bell Road shall be designed and constructed to align
with the future built-out portion of Liberty Bell Road, and
the centerline of Liberty Bell Road shall intersect the
centerline of Poindexter Avenue at a location at least 200
feet east of the centerline of Sierra Avenue. The Liberty
Bell Road - Los Angeles Avenue intersection must be designed
and constructed to provide for necessary turning pockets and
must be reviewed and approved by the City Engineer prior to
recordation so that the dedication of right-of-way on the map
will be the ultimate right-of-way dedication. The applicable
plates for various sections along Liberty Bell Road are as
follows:
1 . Liberty Bell Road (from Los Angeles Avenue to a point at
least 150 feet north of the prolongation of the northern
right-of-way line of Los Angeles Avenue) per Plate B-3D,
modified to have 77.5 foot right-of-way width, 68 foot
pavement width, 16 foot flooding free width, 8 foot
parkway width (west side), 8 foot sidewalk width (west
side) , 1.5 foot public utilities area (east side) , 8
foot sidewalk width meandering within 20 foot easement
(east side) , 7.5 traffic index, and 16,000 maximum ADT
in 20 years. It is anticipated that project driveways
will be located at the northern terminus of this
segment. The anticipated lane configuration within this
section includes one southbound right turn lane, one
southbound through lane, one southbound left turn lane,
two northbound through lanes, and one northbound bike
lane.
4
2. Liberty Bell Road (from the above mentioned northern
terminus of Section 1 to a point at least 400 feet north
of the northern Los Angeles Avenue right-of-way
prolongation as measured along centerline of Liberty
Bell Road) per Plate B-3D, modified to have 73.5 foot
right-of-way, 64 foot pavement width, 16 foot flooding
free width, 8 foot parkway width (west side) , 8 foot
sidewalk width (west side) , 1 .5 foot public utilities
area (east side) , 8 foot sidewalk width meandering
within 20 foot easement (east side) , 7.5 traffic index,
and 16,000 maximum ADT in 20 years. It is anticipated
that project driveways will be located at the northern
terminus of this segment. The anticipated lane
configuration within this section includes one
southbound bike lane, two southbound through lanes, two
northbound through lanes, and one northbound bike lane.
3. Liberty Bell Road (from the above mentioned northern
terminus of Section 2 to Lassen Avenue) per Plate B-3D,
modified to have 53.5 foot right-of-way, 44 foot
pavement width, 16 foot flooding free width, 8 foot
parkway width (west side) , 8 foot sidewalk width (west
side) , 1 .5 foot public utilities area (east side) , 8
foot sidewalk width meandering within 20 foot easement
(east side) , 7.5 traffic index, and 8,000 maximum ADT
in 20 years. The anticipated lane configuration within
this section includes one southbound bike lane, one
southbound through lane, one northbound through lane,
and one northbound bike lane. A northbound right turn
lane is also anticipated at the Lassen Avenue
intersection.
4. Liberty Bell Road (from Lassen Avenue to Poindexter
Avenue) per Plate B-5A, modified to have 50.5 foot
right-of-way, 44 foot pavement width, 5 foot parkway
(west side) , 1 .5 foot public utilities area (east side) ,
and 5 foot sidewalk width meandering within 20 foot
easement (east side) . The anticipated lane
configuration within this section includes one
southbound bike lane, one southbound through lane, one
northbound through lane, one northbound bike lane, and
one parking lane (east side) .
c. Lassen Avenue per Plate B-5A, modified to have 49.5 foot
right-of-way, 8 foot sidewalk (south side) , 1.5 foot public
utilities area (north side), and 5 foot sidewalk width
meandering within 20 foot easement (north side) . Lassen
Avenue shall connect to Sierra Avenue and shall terminate east
of Park Lane such that it can be extended easterly in the
future. Temporary termination of road improvements shall be
installed per Plate F-1.
5
d. Park Lane per Plate B-3D, modified west of centerline to have
21.5 foot right-of-way, 20 foot pavement width, 1.5 foot
public utilities area, and 8 foot sidewalk width meandering
within 20 foot easement; with the portion of Park Lane located
within 150 foot north of the prolongation of the northern
right-of-way of Los Angeles Avenue designed and constructed in
accordance with Plate B-3D, modified to have 58.5 foot right-
of-way width, 49 foot pavement width, 1 .5 foot public
utilities area (west side) , and 8 foot sidewalk width
meandering within 20 foot easement (west side) . All necessary
transitions shall be designed and constructed to the
satisfaction of the City Engineer. The anticipated lane
configuration on Park Lane at the Los Angeles Avenue
intersection includes one southbound right turn lane, one
southbound through lane, one southbound left turn lane, and
one northbound through lane. To the greatest extend
practicable, Park Lane improvements north of Los Angeles
Avenue shall align with ultimate improvements south of Los
Angeles Avenue. Design of the Park Lane - Los Angeles Avenue
intersection must be reviewed and approved by the City
Engineer prior to recordation so that the dedication of right-
of-way on the map will be ultimate right-of-way dedication.
e. Poindexter Avenue per Plate B-3C, modified south of centerline
to have 26.5 feet right-of-way width, 25 foot pavement width,
1 .5 foot public utilities area, and 8 foot sidewalk width
meandering within a 20 foot easement. Poindexter Avenue
improvements shall be constructed across the project frontage
to join existing improvements east and west of the project
limits, including all necessary transitions to the
satisfaction of the City Engineer. A left turn pocket on
Poindexter Avenue at the Liberty Bell Road intersection shall
be designed and constructed to the satisfaction of the City
Engineer. Design of the Liberty Bell Road - Poindexter Avenue
intersection must be reviewed and approved by the City
Engineer prior to recordation so that the dedication of right-
of-way on the map will be the ultimate right-of-way
dedication.
f. No portion of any project driveway may be within 150 feet of
the nearest curb prolongation of an adjacent intersection.
g. As requested by the Moorpark School District, there shall be
a bus turnout constructed on the south side of Poindexter
Avenue, east of Liberty Bell Road, per Plate B-13. A bus stop
shall also be constructed to the satisfaction of the City
Engineer on the east side of Liberty Bell Road between Lassen
Avenue and Poindexter Avenue.
h. The applicant shall construct the necessary improvements to
provide Class II bicycle lanes along Liberty Bell Road per the
Circulation Element of the Moorpark General Plan. However,
these improvements need not be constructed as off-site
improvements.
6
i . If possible, the applicant shall construct the necessary
improvements to provide a Class II bicycle lane along Los
Angeles Avenue per the Circulation Element of the Moorpark
General Plan.
23. The applicant shall demonstrate for each building pad to the
satisfaction of the City as follows:
a. Adequate protection from 100-year frequency storm;
b. Feasible access during a 10-year frequency storm.
Hydrology calculations shall be per current Ventura County
Standards.
24. The applicant shall submit to the City for review and approval ,
drainage plans, hydrologic and hydraulic calculations prepared by a
registered civil engineer; shall enter into an agreement with the
City to complete the improvements and shall post sufficient surety
guaranteeing the construction of the improvements. The drainage
plans and calculations shall indicate the following conditions
before and after development:
Quantities of water, water flow rates, major water courses, drainage
areas and patterns, diversions, collection systems, flood hazard
areas, sumps and drainage courses. Hydrology shall be per current
Ventura County Standards except as follows:
a. all catch basins in sump locations shall carry a 50-year
frequency storm;
b. all catch basins on continuous grades shall carry a 10-year
storm;
c. all catch basins in a sump condition shall be sized such that
depth of water at intake shall equal the depth of the approach
flows:
d. all culverts shall carry a 100-year frequency storm;
e. drainage facilities shall be provided such that surface flows
are intercepted and contained prior to entering collector or
secondary roadways;
f. 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 possible.
7
g. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided by
the applicant.
h. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer.
A Hydrology/Hydraulic Report and Hydraulic Plans shall address the
following:
a. No flows from a 50 year storm shall flow from this project
onto Los Angeles Avenue, or to the existing tract (Tract 1240)
to the west.
b. The required storm drain improvements required to pick up off-
site storm water and carry it to its final disposal from
Poindexter Avenue, Mcfadden Avenue and Cornette Avenue as
identified by the City of Moorpark Drainage Study, shall be
designed and constructed. (Note: The applicant has proposed
directing storm water from Poindexter Avenue directly into the
Walnut Canyon drain as an alternative to carry this storm
water across the site. It is emphasized that this alternative
will require permits from the Ventura County Flood Control
District, Southern Pacific Railroad and City of Moorpark.
This alternative can be considered, but all plans and permits
must be completed prior to approval of the final map. )
c. The storm drain along Los Angeles Avenue shall be extended
from its full size terminus to connect to the existing 54" RCP
east of Shasta Avenue.
d. The on-site drainage system shall be designed to provide
retention such that 10 year flows after development do not
exceed existing 10 year flows.
e. This study shall analyze the hydraulic capacity of the Shasta
Drain to the Arroyo Simi .
25. The applicant shall demonstrate legal access for each parcel to the
satisfaction of the City.
26. The applicant shall deposit with the City a contribution for the Los
Angeles Avenue Area of Contribution.
The actual deposit shall be the then current Los Angeles Avenue Area
of Contribution rate at the time of final map approval .
8
27. The applicant shall indicate in writing to the City the disposition
of any water well (s) or any other well that may exist within the
project. If any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be destroyed
per Ventura County Ordinance No. 2372.
28. For any Final Map, or a Parcel Map (containing five or more
parcels) , or any Parcel Map whereupon dedications are required to be
offered, the applicant shall transmit by certified mail a copy of
the conditionally approved Tentative Map together with a copy of
Section 66436 of the State Subdivision Map Act to each public entity
or public utility that is an easement holder of record. Written
compliance shall be submitted to the City of Moorpark.
29. If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon land in
which the applicant does not have title or interest sufficient for
such purposes, the applicant shall do all of the following at least
60 days prior to the filing of the final or parcel map for approval
pursuant to Government Code Section 66457.
a. Notify the City in writing that the applicant wishes the City
to acquire an interest in the land which is sufficient for
such purposes as provided in Government Code Section 66462.5;
b. Supply the City with (i) a legal description of the interest
to be acquired, (ii) a map or diagram of the interest to be
acquired sufficient to satisfy the requirements of subdivision
(e) of Section 1250.310 of the Code of Civil Procedure, (iii )
a current appraisal report prepared by an appraiser approved
by the City which expresses an opinion as to the current fair
market value of the interest to be acquired, and (iv) a
current Litigation Guarantee Report;
c. Enter into an agreement with the City, guaranteed by such cash
deposits or other security as the City may require, pursuant
to which the applicant will pay all of the City's cost
(including, without limitation, attorney's fees and overhead
expenses) of acquiring such an interest in the land.
30. The applicant shall pay all energy costs associated with street
lighting far a period of one year from the initial energizing of the
street lights.
31. The applicant shall execute a covenant running with the land on
behalf of itself and its successors, heirs, and assigns agreeing to
participate in the formation of an assessment district or other
financing technique including, but not limited to, the payment of
traffic mitigation fees, which the City may implement or adopt, and
public street and traffic improvements directly or indirectly
affected by the development.
9
32' The applicant shall post sufficient surety guaranteeing completion
of all improvements which revert to the City (i .e. , landscaping,
parks, fencing, etc. ) or which require removal (i .e. , model homes,
temporary debris basins, etc. ) .
33. A meandering sidewalk along Los Angeles Avenue adjacent to the
property frontage shall be constructed, with the precise design and
location approved by the City Engineer and Director of Community
Development. The following criteria for the design of the
meandering sidewalk shall be met:
a. Crossfall shall not exceed two percent.
b. Sidewalks shall be a minimum 8 feet wide at all points.
c. The meandering sidewalk shall be contained either within
street right-of-way or within an access easement offered to
the City.
d. The applicant shall agree to maintain the sidewalk and any
related landscaping.
34. A meandering sidewalk along the east side of the Liberty Bell Road
frontage between Los Angeles Avenue and Lassen Avenue shall be
constructed, with the precise design and location approved by the
City Engineer and Director of Community Development. The following
criteria for the design of the meandering sidewalk shall be met:
a. Cross falls shall not exceed 2 percent.
b. Sidewalks shall be a minimum 8 feet wide at all points.
c. Meandering sidewalk shall be contained either within public
right-of-way or within an access easement offered to the City.
d. The applicant shall agree to maintain the sidewalk and any
related landscaping.
35. A meandering sidewalk along the east side of the Liberty Bell Road
frontage between Lassen Avenue and Poindexter Avenue shall be
constructed, with the precise design and location approved by the
City Engineer and Director of Community Development. The following
criteria for the design of the meandering sidewalk shall be met:
a. Cross falls shall not exceed 2 percent.
b. Sidewalks shall be a minimum 5 feet wide at all points.
c. Meandering sidewalk shall be contained either within public
right-of-way or within an access easement offered to the City.
d. The applicant shall agree to maintain the sidewalk and any
related landscaping.
10
36. A meandering sidewalk along the north side of the Lassen Avenue
frontage shall be constructed, with the precise design and location
approved by the City Engineer and Director of Community Development.
The following criteria for the design of the meandering sidewalk
shall be met:
a. Cross falls shall not exceed 2 percent.
b. Sidewalks shall be a minimum 5 feet wide at all points.
c. Meandering sidewalk shall be contained either within public
right-of-way or within an access easement offered to the City.
d. The applicant shall agree to maintain the sidewalk and any
related landscaping.
37. A meandering sidewalk along the west side of the Park Lane shall be
constructed, with the precise design and location approved by the
City Engineer and Director of Community Development. The following
criteria for the design of the meandering sidewalk shall be met:
a. Cross falls shall not exceed 2 percent.
b. Sidewalks shall be a minimum 8 feet wide at all points.
c. Meandering sidewalk shall be contained either within public
right-of-way or within an access easement offered to the City.
d. The applicant shall agree to maintain the sidewalk and any
related landscaping.
38. Applicant shall post sufficient surety for the installation of a
traffic signal at the intersection of Los Angeles Avenue - Liberty
Bell Road. The applicant may be entitled to receive reimbursement
from the Los Angeles Avenue Area of Contribution of up to $65,000 or
50 percent of the construction expenses, whichever is less.
39. The applicant shall post sufficient surety for the installation of
a traffic signal at the intersection of Los Angeles Avenue - Park
Lane.
40. Applicant shall make a special contribution to the City of $16,800
which represents approximately 14% of the estimated project expenses
associated with the installation of a traffic signal at the
intersection of Moorpark Avenue - Poindexter Avenue.
41. The applicant shall post sufficient surety for construction of
improvements sufficient to add an eastbound left turn lane at the
Los Angeles Avenue - Moorpark Avenue intersection to provide
eastbound dual left turn lanes. Design and construction shall be to
the satisfaction of the City Engineer.
11
42. The applicant shall post sufficient surety for construction of
improvements sufficient to add a westbound left turn lane at the
Tierra Rejada Road - Los Angeles Avenue intersection to provide dual
westbound left turn lanes. Design and construction shall be to the
satisfaction of the City Engineer.
43. The applicant shall post sufficient surety for construction of
improvements sufficient to add a southbound left turn lane at the
Spring Road - New Los Angeles Avenue intersection to provide dual
southbound left turn lanes. Design and construction shall be to the
satisfaction of the City Engineer.
44. The applicant shall submit to the City for review and approval ,
evidence that the CC&R's will include provisions for maintenance of
the landscape easements along Poindexter Avenue, Liberty Bell Road,
Park Lane, Lassen Avenue and Los Angeles Avenue.
That the CC&R's shall evidence future participation in a City
assessment district for the maintenance of all such landscape
easement areas, to be activated as necessary at the City's option,
should the Homeowner's Association not maintain these areas in a
satisfactory manner. Total cost of the maintenance shall be borne
by the lot owners within RPD 89-1, CPD-89-1 and CPD 89-2. Prior to
recordation of each phase, the subject areas shall be denoted as
easements on the final map for the purpose identified above.
12
IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
45. The applicant shall offer to dedicate on the final map to the City
of Moorpark for public use, all right-of-way for public streets as
shown on the final map.
46. The applicant shall offer to dedicate on the final map access
easements to the City of Moorpark over all private streets shown on
the final map to provide access for all governmental agencies
providing public safety, health and welfare.
47. The applicant shall offer to dedicate on the final map to the City
of Moorpark, public service easements as required.
4g. The applicant shall delineate on the final map areas subject to
flooding as a "Flowage Easement" and then offer the easement for
dedication to the City of Moorpark.
49. The applicant shall dedicate on the final map to the City of
Moorpark the access rights adjacent to Los Angeles Avenue,
Poindexter Avenue, Lassen Avenue, Park Lane and Liberty Bell Road
except for approved access roads as delineated on the final map.
50. Lot to lot drainage easements and secondary drainage easements shall
be delineated on the final map. Assurance shall be provided to the
City, to the satisfaction of the City, that these easements will be
adequately maintained by property owners to safely convey storm
water flows.
13
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
51. That prior to any work being conducted within the State or City
right of way, the applicant shall obtain all necessary encroachment
permits from the appropriate Agencies.
52. That the applicant shall construct any necessary drainage
facilities, including brow ditch and slope bench drainage channels,
with a permanent earth tone color(s) so as to minimize visual
impacts. Said color(s) shall be submitted to and approved by the
Director of Community Development as part of the grading plans.
53. An 18" slough wall shall be constructed directly behind the back of
the sidewalk where slopes over 4' are adjacent to sidewalk so as to
reduce debris from entering streets.
54. If any hazardous waste is encountered during the construction of
this project, all work shall be immediately stopped and the Ventura
County Environmental Health Department, the Fire Department, the
Sheriff's Department, and the City Construction Observer shall be
notified immediately. Work shall not proceed until clearance has
been issued by all of these agencies.
55. Where roads are to be built requiring 4 or more inches of pavement,
applicant shall construct the required street section minus 1-inch
of paving as an interim condition until all utility cuts or
trenching is completed. The final 1-inch cap of asphalt shall be
placed after all necessary trenching is completed.
56. No trees with a trunk diameter in excess of 4 inches shall be
trimmed or removed without prior approval of the City Council .
14
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
57. If the land is in a special flood hazard area, the applicant shall
notify all potential buyers of this condition.
58. The following new traffic signal systems and traffic signal
modifications with associated street improvements shall be in place
prior to occupancy.
a. The Los Angeles Avenue - Liberty Bell Avenue traffic signal
shall be operational .
b. The Los Angeles Avenue - Park Lane traffic signal shall be
operational .
c. Construction of the additional eastbound left turn lane at the
Los Angeles Avenue - Moorpark Avenue intersection shall be
completed.
d. Construction of the additional westbound left turn lane at the
Los Angeles Avenue - Tierra Rejada Road intersection shall be
completed.
e. Construction of the additional southbound left turn lane at
the Spring Road - New Los Angeles Avenue intersection shall be
completed.
If any of these improvements are not allowed by Caltrans to be
constructed at the time of the applicant's request for occupancy,
the applicant shall deposit 125% of the total estimated construction
cost. This construction cost shall include associated construction
inspection and administration costs.
15
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
59. Sufficient surety guaranteeing the public improvements for a period
of one year shall be provided.
60. Original "as-built" plans on standard size sheets will be certified
by the applicant's civil engineer and submitted to the City
Engineer's office.
61. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
01063/3001
FM0307.CON
June 6, 1990
16
ATTACHMENT 2
Planning Commission Resolution
to the
City of Moorpark City Council
Vr, ltiV lV. O vv-*
RESOLUTION NO. PC-90-219
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
DENIAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NOS. 89-
1 &89-2 , TENTATIVE PARCEL MAP LDM-89-2, RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 89-1, AND A RECOMMENDATION
FOR NON-CERTIFICATION ON THE ASSOCIATED FINAL
ENVIRONMENTAL IMPACT REPORT TO .THE CITY COUNCIL ON THE
APPLICATION OF VENTURA PACIFIC CAPITAL CORPORATION AND
MACLEOD CONSTRUCTION COMPANY ( i.e. , THE MISSION BELL
PLAZA AND GREENLEAF APARTMENT PROJECTS) .
Whereas, at duly noticed public hearings on June 4, June
11 . and July 2, the Planning Commission considered the application
filed by the Ventura Pacific Capital Corporation and Macleod
Construction Company requesting the approval of 227 apartment unit
complex, a three-lot subdivision, and a 252,492 sq. ft . retail
commercial center located between Poindexter Avenue and Los Angeles
Avenue and Los Angeles Avenue and east of Sierra Avenue: and west
of Park Lane.
Whereas, the Planning Commission reviewed and considered
the contents of the Draft Environmental Impact Report; and has
reached its decision on the matter; and
Whereas, a study and investigation was made, a staff
report was prepared and recommendations were submitted to the
Planning Commission; and
Whereas, pursuant to the requirements of Article 5 of
Chapter 3 of title 7 (beginning at Section 65300) of the Government
Code of the State of California (The Planning and Zoning Law) , the
City of Moorpark has adopted a General Plan.
Now, therefore, the Planning Commission of the City of
Moorpark resolves as follows:
Section 1. This Commission hereby recommends to the
City Council that the Final Environmental Impact Report (EIR) for
Commercial Planned Development Permits 89-1 & 89-2, Residential
Planned Development Permit No. 89-1, and Tentative Parcel Map LDM-
89-2 not be certified for the following reasons :
a. The EIR does not adequately address traffic
safety issues for roadways and intersections
surrounding the proposed project and the
traffic studies do indicate that intersections
will significantly, negatively, and permanently
be affected by the proposed project.
-1-
yr I • aW .o•+J S OUJ Jt' Ot• n LIIr yr rluurr.Irr tlJ
b. The EIR does not fully address alternatives to
the project that would eliminate the negative
noise impacts the project may have on the
adjacent single family residences located
between the project site and western project
boundary.
c . The Commission is concerned that grading
quantities identified by the applicant have
been under estimated and that the correct
quantities would result in additional
environmental impacts.
d. The Commission finds that the EIR did not
provide sufficient mitigation to offset the
significant adverse project impacts identified
in the EIR.
Section 2 . This Commission hereby recommends to the
City Council that Commercial Planned
Development Permits 89-1 & 89-2,
Residential Planned Development Permit No.
89-1, and Tentative Parcel Map LDM-89-2
a. The project, unless disapproved or approved
with selected design modifications, would have
the following specific, adverse impacts upon
the public health, safety and general welfare:
( 1) The proposed commercial development would
negatively impact adjacent existing single
family residential uses because it would
cause a significant increase in noise
particularly from truck loading and
unloading activities.
(2) The project would result in significant
traffic volume and create traffic safety
impacts, The creation of an offset
intersection at Los Angeles Avenue and
Liberty Bell Road, would result in the
unacceptable curved radius design of
Mission Bell Road on the project site, and
traffic safety impacts in the vicinity of
the propose day-care center.
( 3) The location of the commercial component
adjacent to the western project boundary
would result in a significant adverse
visual impact on the adjacent residential
rev.7/17/90 neighborhood.
-2-
U f, A ( ' ^V Ur ! Y J 0 O W D -14V O L f CJ Lily V r 1I V V R,r M M1 k 04
(4 ) The gas station/car wash facility proposed
as part of this project is inappropriately
sited and should be relocated or removed
as part of the plan.
( 5 ) There are no feasible methods to
satisfactorily mitigate or avoid the
impacts identified above, other than
disapproving the project or significantly
modifying the projects design.
SPr.tion 3 . This Commission hap rejected the findings
for approval contained in the staff report dated June 11 , 1990,
for the reason identified above.
Section 4 . That at its meeting of July 2, 1990, the
Commission took action and recommended to the City Council denial
of Commercial Planned Development Permits 89-1 & 89-2, Residential
Planned Development Permit No. 89-1, and Tentative Parcel Map LDM-
89-2 and directed staff to prepare a resolution to be presented for
Consent. Calandsr action at the next regularly scheduled meeting.
The action with the foregoing direction was approved by the
following role call vote.
Ayes : Commissioner's Lanahan, Talley, Schmidt;
Noes : Commissioner Scullin;
Absent: Commissioner John Wozniak.
Passed, Approved and Adopted this 16th day of July 1990
Chairman presiding
Attests
41'
Ce is LaFleur, Secretary
-3-
07 17/90 16146 2t 805 529 8270 CITY OF rt00RPAPK 05
STATE OF CALIFORNIA )
SS
COUNTY OF VENTURA )
I , Celia LaFleur, do hereby certify that I am the secretary of the
Planning Commission of the City of Moorpark, California and that
the foregoing Resolution No. PC-90-219 was duly adopted at a
regular meeting thereof held on July 16, 1990 by the following roll
call vote:
Ayes : Commissioner Lanahan, Schmidt,
Scullin, Talley;
Abstain: Commissioner Wozniak.
ATTEST:
/
Ce a LaF eur, Secretary
(