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HomeMy WebLinkAboutAGENDA REPORT 1990 1107 CC REG ITEM 08UMOORPARK BERNARDO M. PEREZ. �4� STEVEN KUENY Mayor City Manager SCOTT MONTGOMERY f - -y' /�� X2;1 CHERYL J. KANE Mayor Pro Tern 7 ��' City Attorney ELOISE BROWN �� T �� ,� PATRICK RICHARDS, A.I.C.P. Councilmember CLINT 9 Via" °�q�� Director of HARPER, Ph.D. °rE_ Community Development Councilmember �` R. DENNIS DELZEIT PAUL W. LAWRASON, Jr. City Engineer Councilmember JOHN V. GILLESPIE LILLIAN KELLERMAN Chief of Police City Clerk RICHARD T. HARE City Treasurer M E M O R A N D U M TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: November 6, 1990 SUBJECT: CORRECTIONS TO RESOLUTIONS AND CONDITIONS OF APPROVAL FOR CPD'S 89 -1 AND 89 -2, RPD -89 -1, AND LDN -89 -2 (MISSION BELL PLAZA AND GREENLEAF APARTMENT PROJECT) Attached are revised resolutions for the above referenced entitlements and proposed revisions to conditions of approval for the parcel map and the commercial project. New text is highlighted. Also attached is the EIR certification resolution. Please contact me if you have any questions. Attachments: EIR Resolution RPD -89 -1 Resolution CPD's 89 -1 and 89 -2 Resolution and Revised Conditions LDM -89 -2 Resolution and Revised Conditions PJR /DST cc: Steven Kueny, City Manager John Knipe, City Engineer r`'OORPARK. CgUFORNIA Clfy Cou II Meeting of -� I 99A BY. a4�4cl- 799 Moorpark Avenue Moorpark, California 93021 18051 5Pg_RRA4 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AS ADEQUATE, APPROVING THE MITIGATION MONITORING PROGRAM, AND INCLUDING REQUIRED FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR COMMERCIAL PLANNED DEVELOPMENT PERMITS NOS. CPD -89 -1 AND CPD -89 -2, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -89 -1, AND LAND DIVISION NO. LDM -89 -2. WHEREAS, applications have been filed by Macleod Development Company and Ventura Pacific Capital Company for the above referenced entitlements to allow construction of Mission Bell Plaza commercial center and the Greenleaf Apartment Project on properties located north of Los Angeles Avenue, south of Poindexter Avenue, west of Park Lane and east of Sierra and Shasta Avenues (APN's: 511 - 080 -195, 205, 215, 245, 255, 265, 315, 325, and 327); and WHEREAS, the Mission Bell Plaza and Greenleaf Apartments Environmental Impact Report (SCH No. 89042617) provides an environmental assessment of the proposed projects in accordance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines; and WHEREAS, public notice of the availability of the Draft Environmental Impact Report (EIR) for the above referenced entitlement permits was provided in compliance with CEQA; and WHEREAS, at duly noticed public hearings on June 4, June 11, and July 2, 1990, the Planning Commission considered the applications (CPD's 89 -1 and 2) filed by Macleod Construction Company and Ventura Pacific Capital Company requesting approval to construct the Mission Bell Plaza commercial center; considered the applications (RPD -89 -1 and LDM -89 -2) filed by Macleod Construction Company to construct the Greenleaf Apartment Project and to subdivide their property into separate commercial and residential lots (including dedication of roadway right -of -way); and considered public testimony received regarding the Draft EIR; and WHEREAS, at duly noticed public hearings on July 25, August 1, August 15, September 5, September 19, and October 17, 1990, the City Council considered the applications filed by Macleod Construction Company and Ventura Pacific Capital Company and considered the information contained in the staff reports and in the EIR; and WHEREAS, the City Council closed the public hearing for the Draft EIR at its meeting of September 19, 1990, considered the draft Final EIR at its meeting of October 17, 1990, and reached its decision to certify the Final EIR; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. A Final EIR has been completed in compliance with CEQA (Division 13 of the Public Resources Code of the State of California). The City Council has received and considered the information contained in the Final EIR prior to acting on the proposed projects and has found that this document adequately addresses the environmental effects of the proposed projects. SECTION 2. The Final EIR has identified significant cumulative environmental effects of the project relative to air quality, noise, and traffic, and Findings and a Statement of Overriding Considerations are attached as Exhibit A to this resolution in compliance with CEQA, and incorporated herein by reference. SECTION 3. The City Council finds that the Statement of Overriding Considerations can be adopted in that the benefits of the proposed projects outweigh the unavoidable environmental effects of said impacts as addressed in Exhibit A and in the record of both Planning Commission and City Council meetings. SECTION 4. A Mitigation Monitoring Program has been prepared in compliance with Section 21081.6 of the Public Resources Code. The City Council has received and considered the Mitigation Monitoring Program, attached as Exhibit B and incorporated herein by reference, prior to takin(j final action on the proposed projects. SECTION 5. The City Council certifies the Final EIR for the Mission Bell Plaza and Greenleaf Apartment Projects. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF NOVEMBER, 1990. Bernardo M. Perez, Mayor City of Moorpark ATTEST: City Cler Attachments: Exhibit A - Findings and Statement of Overriding Considerations Exhibit B - Mitigation Monitoring and Reporting Pro ram g 4l i_ i FINDINGS FOR THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR MISSION BELL PLAZA (UPPER AND LOWER COMMERCIAL COMPONENT) NOVEMBER 7,1990 The following Findings for CPD 89 -1, 89 -2 and LD-M 89 -2 (Mission Bell Plaza - Upper and Lower Commercial Component and Parcel Map) have been made pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California, Section 15091 of the CEQA Guidelines). The City Council of the City of Moorpark has determined that the environmental issues, effects and mitigation of the proposed Mission Bell Plaza (Upper and Lower Commercial component and Parcel Map) were properly addressed in the Draft and Final EIR prepared for the proposed project, and that cumulative impacts are also adequately addressed in the Draft and Final EIR. The following Findings are made with regard to the significant environmental effects identified in the Draft and Final EIR prepared for the proposed project. These Findings are to serve as the legally relevant conclusions which expose the City of Moorpark's mode of analysis of facts, regulations and policies, and which bridge the gap between raw data and the ultimate land use decision in this case by the City Council. A. GEOTHCEMCAL RESOURCES Significant Effect: The potential for liquefaction represents the only significant geohazard on the site. Fin in • A potential for liquefaction exists on -site due to a rising groundwater table in combination with the poorly consolidated alluvial deposits. This could lead to possible structural damage in the event of a severe seismic event. Proper implementation of standard building and safety code requirements and the required mitigation measures listed below will reduce the potential liquefaction hazard to a level of insignificance. Mitigation Measures: 1. The applicant shall conduct a detailed geotechnical engineering investigation to confirm and evaluate the potential for liquefaction at the site. The investigation shall include subsurface borings to depths of forty five to fifty feet with appropriate in -situ testing and sampling. Caisson or pile- supported foundation systems, structural slabs, sub- drains, or dewatering systems have all been successfully utilized on projects where liquefaction potentials are high. 2. The applicant shall conduct a detailed geotechnical engineering investigation to evaluate the mechanical properties of the deposits underlying proposed buildings and attendant infrastructure. Such an investigation shall include subsurface explorations to obtain representative in -situ and bulk soil samples, appropriate laboratory testing, and an analysis of pertinent factors including removal and recompaction of compressible soils, foundation design parameters, and the stability of graded slopes. Rationale These mitigation measures have been successfully utilized on numerous projects throughout Southem California where liquefaction potentials are high. It is therefore reasonable to conclude that, with proper implementation of these measures, the liquefaction hazard will be satisfactorally mitigated. B. AIR QUALITY Significant Effect: Implementation of the upper and lower commercial project component would contribute to significant adverse long -term cumulative impacts to the local and regional air environment, since the Air Pollution Control District (APCD) standards of 13.7 tons per year (tpy) for Reactive Organic Compounds (ROC) and Oxides of Nitrogen (NOx) would be exceeded. Net emissions above the APCD threshold are 41.14 tpy for ROC and 32.14 tpy for NOx. Finding* According to the Air Quality Management Plan (AQMP), commercial projects are considered consistent with the AQMP, if they are considered population dependent. This project component is intended to serve the local population, and as such, is considered consistent with the AQMP. Yet, the proposed commercial development will contribute to cumulatively significant effect on air quality, due to the total amount of emissions that will be generated by vehicle traffic and added to Zhe local airshed. The following mitigation measures are identified in the Final EIR and would reduce the amount of air emissions generated by the project. However, the measures would not reduce cumulative air quality impacts to insignificant levels. Mitigation M ,r s: Short Term 3. 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. 4. When appropriate, exposed surfaces shall be seeded with a fast growing, soil binding plant. This would substantially reduce wind erosion and its contribution to local particulate levels. 5. All grading operations shall be subject to compliance with the Ventura County APCD dust control measures as enforced by APCD inspectors. 6. All grading and construction equipment shall be kept on or near the site until those phases of development are completed. 7. Site access roads shall be covered with gravel or paving. 8. During periods of high winds (30 mph or greater), grading operations shall be ceased. 9. All earth material being moved shall be securely covered. 10. Periodic application of water on material stockpiles shall be conducted. 11. On -site vehicular traffic shall be limited to no more than 15 mph. 12. Public streets in the vicinity of the site shall be periodically washed down with water. Long Term 13. Transportation Management Plan - The applicant should prepare a Transportation Management Plan (TMP) or similar plan that would reduce total employee commuter trips. 14. 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. 15. Banking Services - Bank - related services (Auto Teller Machine, Direct Deposit, Check Cashing, etc.) can be provided on -site in order to reduce traffic trips. 16. Off -site Vehicular Traffic irculation Improvements - The applicant should contribute funds toward the improvement of local vehicular traffic circulation improvements. Such improvements could include improved signal sychronization and /or widening of intersections /roadways. This measure is proposed in order to improve the flow of traffic in the City which would reduce congestion and the emission of air pollutants. 17. Buy Downs - Estimated costs of 'buy downs" for the proposed project should be based on the net estimated emissions associated with the proposed project. Net project emissions are estimated as follows: ROC NOx Project emissions (tpy) 54.84 45.84 Less APCD Threshold 13.70 13.70 Net emissionsabove threshold 41.14 32.14 The "buy downs" fees are identified below and are applied to the net emissions associated with this project component: PUC NO>, Transit Subsidy $ 3,840 /Ton $3,340 /Ton Ride Sharing $ 3,706 /Ton $2,503 /Ton Such "buy downs" fees provide an indirect means of reducing emissions by providing funding to organizations that would benefit the regional and local air quality environment. As calculated, "buy downs" fees applied to the project would total $354,343.68 which shall be paid as a one -time contribution to the City's Traffic Management System Fund. At the City Council's meeting of October 17,1990, the Council voted to require an additional $100,000 to be paid to the City's Traffic Management Fund to further minimize air quality impacts. Although the above measures will reduce air emissions associated with the project and would contribute to regional air quality management programs, the projected emissions (as modelled in the Draft EIR) resulting from cumulative development activities would still create a significant, unadvoidable impact Due to these unavoidable and significant adverse impacts on air quality, a Statement of Overriding Considerations must be adopted in association with any approval of the project (See Statement of Overriding Considerations portion of Exhibit "A!'). C. NOISE S_ignifi anf Fff +- The proposed project would generate noise levels in excess of the identified noise standards in the Draft EIR (section 3) which would adversely impact surrounding land uses during the short term construction phase as well as the long term operation phase. This project will also contribute to cumulative traffic increases which would result in noise levels of 68 to 74 dB Leq along Los Angeles Avenue, a street which is currently a source of significantly adverse noise levels. Finding; The following mitigation measures are identified in the Final EIR and would control and limit noise levels, to the extent feasible. "These measures, however, are not capable of reducing the construction impacts or long term traffic noise impacts to insignificant levels. Due to these unavoidable, significant adverse effects on the noise environment, a Statement of Overriding Considerations must be adopted in association with any approval of the proN( •t (See Statement of Overriding Considerations portion of Exhibit "A "). Mitigation Measures: SHORT TERM 18. Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. on weekdays, between the hours of 9:00 am and 7 pm on Saturdays, and shall exclude Sundays. 19. During site preparation and construction, construction equipment shall be fitted with modern sound - reduction equipment. LONG TERM 20. The noise wall adjacent to Shop Numbers 1, 2 and 3 and Retail "A" shall be increased in height to eight feet. 21. Noise attenuation walls to a height of eight feet shall be located around all loading areas. 22. Vehicle speed limits of 25 mph shall be posted along Liberty Bell Road and Lassen Avenue. 23. Use of parking lot vacuums and landscape maintenance equipment shall be limited to the hours of 8 am. and 7 pm. weekdays. No mitigation measures are known that would reduce the off -site impact magnitude of noise associated with project - generated traffic. Rationale Due to these unavoidable significant adverse noise impacts, a Statement of Overriding Considerations must be adopted in association with any approval of the project (See Statement of Overriding Considerations portion of Exhibit "A"). D. FIRE PROTECTION 31gmtic nt Effect: The project would result in an incremental increase in the use of the City's fire protection services. However, the project contains no element that poses any unique fire hazard and no significant impact to fire supression services would result. Finding: The proposed parcel map and commercial development is not expected to significantly impact the provision of fire protection services to the site. Fire protection and emergency medical services are currently provided to the site. Fire protection measures required by the County of Ventura Fire Protection District would be addressed during final plan review subsequent to City approval. In addition, many of the mitigation measures listed in the Police Protection section of these Findings address concerns of the Fire Department. Mitigation M a=r t: NONE. EAdQaaic Therefore, with proper implementation of fire protection measures and enforcement of district requirements, any impacts will be reduced to a level of insignificance. E. POLICE PROTECTION Significant Effect: The project would result in an incremental increase in calls to the Ventura County Sheriff's Department. However, the project contains no element that poses any unique hazard or risk and no significant impact to police protection services would result. Finding; The proposed parcel map and commercial development is not expected to significantly impact the provision of police protection services to the site, even though development of the site will increase the number of emergency calls received by the Police Department. Police protection is currently provided to the site. Mitigation Measures: Police protection measures required by the Ventura County Sheriffs Department and Moorpark Police Department would be addressed during final plan review subsequent to City approval. 24. A licensed security guard is required during the construction phase, or a 6 -foot high chain fence shall be erected around the construction site. 25. Construction equipment, tools, etc., shall be properly secured during non - working hours. 26. 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. 27. 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. 28. Landscaping shall not obstruct any exterior door or window. 29. Landscaping is to be maintained at a height where pedestrians will have full view of the area with no obstructions. 30. 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. 31. Landscaping (trees) shall not be placed directly, under any overhead lighting which could cause a loss of light at ground level. 32. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 33. Address numbers shall be, a minimum of six inches in height and illuminated during the hours of darkness. 34. All exterior doors shall be constructed of solid wood core a minimum of I and 3/4 inches thick or of metal construction. Front glass door(s) commonly used for entry are acceptable but should be visible to the street. 35. 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. 36. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc. 37. 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. Therefore, with proper implementation of police protection measures and enforcement of department requirements, any impacts will be reduced to a level of insignificance. F. PARKS AND RECREATION S19MU'Unt Ff f ,.t. The proposed proles does not include any residential uses. The proposed parcel map and commercial development will not significantly impact the provision of parks and recreation services to the site since no residential uses are proposed with the project. Fin ' • The project would not increase local population levels and would not result in a significant increase use of City park and recreation facilities. however, employees would be expected to use City Parks and Recreation facilities and mitigation is required Parks and Recreation impacts will be mitigated by the payment of a fee of $025 per square foot of commercial use, consistent with City, policy. RadQnak Therefore, with proper implementation of the mitigation measure, any impacts will be reduced to a level of insignificance. C. WATER PROVISIONS Signifk Effect; No significant adverse impacts to water provision or area water supplies have been identified. FiUSUBga The Ventura Countv Waterworks District can provide the required water to the site, utilizing the existing infrastructure. Mitigation hJCA =r NONE. Rationale Therefore, with proper implementation of Ventura County Waterworks District standards and City Engineering requirements, any impacts will be reduced to a level of insignificance. H. SANITARY SEWERS Significant Effect: For the lower commercial component and combined commercial components, the impacts of the project to sanitary sewers have been identified as cumillatius significant and adverse, but mitigated. The upper commercial component would not by itself have a significant effect. Finding: The Ventura County Waterworks District No. 1 would not be significantly impacted by wastewater flows generated by the proposed project at this time. However, due to area -wide growth, limited available sewage treatment plant capacity is expected to exist when all proposed projects in the City of Moorpark become operational (i.e. during the design year). At that time, the proposed project would would overburden the existing Moorpark Wastewater Treatment Facility (the upper commercial component would not have a significant effect). However, the City Engineer can oversee the connection of the project into the sewer system to assure that sufficient capacity exists in the system and treatment plant, prior to occupancy of the proposed project. Mitigation M a ,r c: The following mitigation measures are designed to reduce the project impacts on the sewage treatment and disposal infrastructure to a level of insignificance. 38. The project applicant shall be required to fund all sewer infrastructure improvements necessary to accommodate the proposed project demand. 39. 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). Rationale Therefore, with proper implementation of City Engineering standards and the mitigation measures, as well as phasing of the proposed project to assure that the sewer system and treatment plant are not overburdened, any impacts will be reduced to a level of insignificance. I. STORM DRAINAGE Significant Effect- No significant adverse impacts to storm drainage have been identified. Finding: The proposed project would result in a minor increase in off -site runoff due to the increase in impervious surface on the property. 1- lowever, the pi oposed parcel reap and commercial development is not expected to significantly impact the storm drainog�, sy';tern nn or off the site since additional runoff Created by this project can be conveyed to the proper drainage facility via the existing and proposed storm drainage infrastructure and on -site retention basins Mitigation Measures: The following mitigation measure is required in order to minimize any adverse storm drainage impact: 40. On -site detention basins should be incorporated into the proposed site plan. Therefore, with proper implementation of City Engineering standards and the mitigation measure, any impacts will be reduced to a level of insignificance. J• SOLID WASTE Significant Effect No significant adverse impacts have been identified in relation to solid waste. Funding., The proposed parcel map and commercial development is not expected to significantly impact the collection and disposal of solid waste on or off the site. Solid waste would be generated by each project component, transferred off -site by a licensed carrier and disposed of at an area landfill. Additional demand created by this project can be served via the existing solid waste collection, recycling and disposal system. The County of Ventura Solid Waste Management Department indicates that recycling is the most effective means of mitigating impacts to solid waste management resources. Mitigation M as res: The following mitigation measure is required in order to minimize any adverse solid waste impact: 41. 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. Therefore, with proper implementation of City waste disposal standards and the mitigation measure, any impacts will be reduced to a level of insignificance. K. VISUAL RESOURCESILIGHT AND GLARFJARCHITECTURAL Significant Effect: Significant adverse impacts have been identified in relation to aesthetics, but the impacts are mitigablc:. Finding: Since the project site is currently undeveloped, the proposed commercial development is expected to create significant sources of light and ;fare, new disruptions to existing viewsheds and introduce new architecture to the city of Moorpark I'he site would be transformed from a natural to a man -made environment. The project would be most visible from Los Angele=s Avenue but would also be visible from the existing residential area located to the west and the existing school to the northeast. Mitigation Measures: The fallowing mitigation measure are intended to reduce any significant, adverse impacts of views, light and glare and architecture to a level of insignificance: 42. 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. 43. No illuminated building mounted signs shall be permitted on any building facade facing towards a residential neighborhood. 44. All parking lot pole lights and street lights shall be fully hooded and back shielded to reduce the light "spillage" and glare. 45. 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. 46. Colors and materials of the proposed building shall be compatible with the surrounding area. 47. Tinted windows shall be installed to minimize the emittance of light and glare from interior sources. 48. Prior to approval of a zoning clearance, the applicant shall have a tree report prepared consistent with City code requirements. Landscaping shall be provided for the commercial development which is equivalent to the value of the 310 trees which will be removed. Rationale Therefore, with proper implementation of the mitigation measure, in particular, landscaping, lighting and architectual design, any impacts will be reduced to a level of insignificance. L. TRAFFIC/CIRCULATION MITIGATION MEASURES On October 17, 1990, the City Council approved changes to the City Engineer's conditions for transportation improvements for this project. The mitigation measures included in this section of the findings reflect these changes. Significant ff ct: Implementation of the lower commercial project component would result in a cumulatively significant unavoidably adverse long -term impact to the traffic volumes on Los Angeles Avenue. fin&UII ,. Given that this project would result in or contribute to cumulative traffic volumes at intersections along Los Angeles Avenue that currentiv exceed City standards for level of service, this project's impact on the City's traffic environment r, considered unavoidably significant. The most significant impact of the project is the addition i,l vehicle trips on the existing overburdened intersections on Los Angeles Avenue, in the vicinity of the project site. Mitigation measures have been imposed by the City Council to reduce the adverse, significant and unmitigable impacts of project r,. sated traffic below a level of significance. However, these measures are not capable of reducing the :emulative impacts of all development activities along Los Angeles Avenue to insignificant levels. No mitigation measures are known that would reduce long -term cumulative off -site impacts associated with project - generated traffic to a level of insignificance. Mitigation Measures: Mitigation measures have been imposed by the City Council to reduce the adverse, significant and unmitigable impacts of project related traffic below a level of significance. The following mitigation measures are offered as part of this EIR; however, these measures are not capable of reducing the cumulative impacts of all development activities along Los Anegeles Avenue to insignificant levels. The applicant shall submit tU the City for review and approval., ��• street iMpruvement plaits irr °et,,are�1 br s registe1, 6 civil enr ineer small eater r €rto an d i °Leair riL with the City to complete the iciiprcveirEenis; atr;.l dial) post sufficient surety guaranteeing the currstructiurr of tire Improvements. Any necessary right -of -way acquisition rrecessury to cul„r.,cLu Lhe rcq,tireu improvements will be acquired by ti,e applicant at their 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 appli` able Ventura County Road Standard Plates are as follows: a. Los Angeles Avenue per Plate B -2A, modified north of centerline to have 59 feet of right -of -way, 51 foot pavement width, a 6 foot landscaped area and a 6 foot sidewalk. The landscaped area and sidewalk shall be located within the 8 foot parkway area and a 4 foot landscape and pedestrian easement. Applicant shall construct improvements north of the centerline across the frontage of the project. Applicant shall also construct sufficient roadway widening along tiie south side to permit restriping for a westbound auxiliary lane across the entire frontage of the project, as well as a 12 foot wide eastbound right turn pocket providing a minimum of 150 feet of storage at Liberty Bell Road. All Los Angeles Avenue improvements shall be shown first on Preliminary plans which shall be submitted to tine City for review and approval, after which they will be submitted to Caltrans for review and approval. Los Angeles Avenue scope of improvements shall be returned to City Council for consideration of alternative improvements, if Caltrans will not approve the preliminar,.y plans. The applicant shall make an irrevocable offer of dedication of an additional 9 feet across tite frontage of the project. The City "ray, in the futu e, elect to accept this dedication to provide for construction of additional improvements. The applicant shall design the main driveway project entrance between Park Lane and Liberty Bell Road to provide two inbound lanes and one outbound l The required Los Angeles Avenue improvements shall illC kdt: restriping to provide a striped island in the vicinity of this driveway, thereby prohibiting left turns in or out of tare driveway. in conjunction with other ios Angeles Avenue improvements, all necessary transitions shad be designed and constructed to the satisfaction of tine City tngiiieer and Caltrans. Any improvements constructed i,y t11 City with Los Angeles Avenue Area of Contribution e f,��rds lit L would normally be tiie responsibility of the app rant :hall be offset by special applicant contributions tiro I_,, Angeles Avenue Area of Contribution fund. Liberty Bell Road shall be ,designed and constructed to align with the ultimate Liberty Beii Nuad alignment south of Los Angeles Avenue. The " "rty Beii Road - Los Angeles Avenue intersection must be designeu and constructed to provide for necessary turning pockets and must be reviewed and approved by the City Engineer prior tJ recordation so that the dedication of eight -of -way on the MdP will be the ultimate right -of -way dedication. Liberty ball Road will be a variable width street, with all elements designed to the satisfaction of the City Engineer. A conceptual configuration of the proposed improvements is shown in the attached figure 1. Although it is intended that the concept shown on this figure be implemented, it is understood that final plan details such as transition design may vary from that shown in the figure. Landscape & P &d striae b- : Ea SclltclIt Tr,ir��� fat of ;'cjlo�lS r r Second Set of', Driva17ays 4 s 5 B/L : First Sat of; Driveways TAS S EIS 8 �rL 5 12 VENUE 1.2 12 41' i2 12 8 I I I i 12 12 12 ]2 5 I 6/L r 5�,' 12 12 12 1.2 12 5 I R \4k LOS .ANGELES AVENUE 4: , :4 8 Easement i 6' Landscaped , Parkway & f--- 6' Sidewalk , : 11180' Transition ; TAS S EIS 8 �rL 5 12 VENUE 1.2 12 41' i2 12 8 I I I i 12 12 12 ]2 5 I 6/L r 5�,' 12 12 12 1.2 12 5 I R \4k LOS .ANGELES AVENUE 4: Landscape & Pedestrian Easement i 6' Landscaped Parkway & f--- 6' Sidewalk : 11180' Transition ; 8 : , 4� , , , , : , : k / Val 8 : : : : 4' , , : FI`URE 1 ' LIBERTY BELL ROAD C . Lassen Avenue per Plate 6-5A, modified to have 56 feet of rigtst -of -way to match the existing, previously dedicated, aii�3nment per Parcel Map flu. 3781 on the easterly portion of the project site. Lassen Avenue shall have a 6 foot sidewalk and 4 fuot landscaped -lea on the south side, within the 8 Not, parkway area and a 2 foot landscape and pedestrian easement. All improvements south of centerline plus 12 feet north of centerline shall be constructed. In addition, all necessary transitions shall be constructed to the satisfaction of the City Engineer. Tiie only connection of Lassen Avenue to Sierra Avenue shall be in the form of an unpaved emergency access easement area west of t.iberty Bell Road. This easement shall be to the satisfaction of the City Engineer, the Director of Community Development, the Sheriff's Department and the fire Department. The connection of Lassen Avenue to Liberty Bell Avenue shall be in the form of a knuckle per City standard. d Although not a requirement of this development, it is noted for future reference that any future street intersecting Lassen Avenue in the vicinity of the traffic circle servicing the proposed office buildings east of Liberty Bell Road shall not be offset from the traffic circle. e. Park Lane per Plate B -31), modified west of centerline to have 28 foot right -of -way, 20 foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway area and a 4 foot landscape and pedestrian easement; with the portion of Park Lane located within 150 feet north of the prolongation of the northern right -of -way of Los Angeles Avenue designed and constructed in accordance -with Plate B -3D, modified to have 65 foot right -of -way width, 49 foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway area and a 4 foot pedestrian easement. 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 extent practicable, Park Lane improvements north of Los Angeles Avenue shall align with ultimate improvements south of Los Angeles Avenue. Design of the Park lane - Los Angeles Avenue intersection must be fcvIewed and approved by the City Engineer prior to recordation so that the dedication of right - u way on the map wi i be the ultimate tight -of -way dedication. f• ito portion of any project driveway may be within 150 feet of the flledresI curb pro lony,Iiori of in adjacent intersection. 4 The applicant shall construct the necessary improvements to provide Cl jss II bicycI la►ies (5 feet wide) alony t iuerty Bell "ad per tile Ci1_CU1,AlUfl HLL,Unt of the Huorpark 6,11cral Plan. SO The applicant shall execute a covenant running with the land on behalf of itself and its successors, lit! irs, and assigns agreeing to participate in the formatlun of all assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, whirl► the City may implement or adopt, and public street and traffic improvements directly or indirectly affected by the development. 51 The applicant shall post sufficient surety guaranteeing completion Of all improvements which revert to the City parks, fencing, etc.) or- which require removal (i.e.�, modelchomes, temporary debris basins, ett..j. S2. 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. �)3• The applicant shall post sufficient surety for the installation of a traffic signal at the int#.,rsection of Los Angeles Avenue - Park Lane. The applicant shall make a special contribution to the City representing the applicant's prorata share of the costs of improvements to the following intersections: a Poindexter Avenue - Moorpark Avenue a Los Angeles Avenue - Gabbert Road M Los Angeles Avenue - Moorpark Avenue 4 Spring Road - New tos Angeles Avenue To determine the costs of these improvements, the applicant shall first prepare conceptual plans to the satisfaction of the City Engineer. file prorata share shall be developed based on the incremental traffic addt'li by the project, and shall be approved by l the City Council prior u zoniny clearance. The contribution shall then be paid to City, prior to zoning clearance. TO OCCIVAIKA,w T1tF ft)1 l oWit10 ( c;lMl i IOtIS SHAI L BL JA 1 SF 1 U: 55. The Los Angeles Avenue - Liberty Bell Avenue traffic signal shall be operational prior to any occupancy for this project. j,V(, The Los Angeles Avenue - Park lane traffic signal shall be constructed by the apps icant priur to the occupancy of the 160,000th "Iuare foot and shall be uperational if approved by Caltrans. if construction of this signal is nut allo►red by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construct jon cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. this construction cost shall illciWde associatEd engineeri,rg, cunstruction inspection and administration costs. fhis caAi deposit does not relieve the applicant from constructing this sj9uaI. The applicant shall construct the signal upon receiving Caltrans permission to do so. 7. All street and storm drain improvements shall be constructed prior to first occupancy. if right -of -Tray acquisition or Caltrans permission tail not be obtained, the applicant can request construction deferment on those portions of construction from the City Council. PRiOR TO ACCEPTAiIC.E OF PUBLIC 111PROVEI-MITS AND BOND EX011ERATIOH, THE FOLLOWING (t► {tllll MIS SHALL BE SATISFIED: 52. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. HatiQnak Therefure, the proposed parcel map and commercial development will have a significant effect on traffic, even after mitigation measures are implemented. mitigation measures are not capable of reducing the impacts to a level of insignificance. A Statement of Overriding Considerations must be adopted in association with any approval of the project (See Statement of Overriding Considerations portion of Exhibit "A "). M- POPULATION/HOUSING Significant Effect- No significant adverse impacts to population and housing have been identified. Fin in The pooposed project does not include any residential uses but could have an indirect impact on the housing environment due to additional housing required by those new employees expected to be new residents of the city. However, most employees should be existing residents of Moorpark. Mitigation Measures: NONE. Rationale Therefore, given the low impact of the project on population and housing, any impacts will be below a level of significance. N. HEALTH HAZARDS Significant Eff rt- No significant adverse health hazards have been identified. Fin in • There is the potential for unsafe operation of the gas station and restaurants. However, County, State andFederal environmental protection laws and standards will preclude the creation of any unhealthful situations. The proposed parcel map and commercial development is not expected to create any significant health hazards on or off site. MI Rationale Therefore, given the County, State and Federal environmental protection laws and standards which will preclude the creation of any unhealthful situations, any impacts will be reduced to a level of insignificance. ALTERNATIVES Four alternatives to the proposed project were discussed in the Draft EIR (section 7). None of the four alternatives were choosen by the City Council since the alternatives do not achieve the city of Moorpark's goals for general plan consistency, commercial service provision and efficient traffic circulation for the residents of Moorpark. EXHIBIT A (CONTINUED) STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR MISSION BELL PLAZA (UPPER AND LOWER COMMERCIAL COMPONENT) NOVEMBER 7,1990 Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California, Section 15093 of the CEQA Guidelines), the City Council of the City of Moorpark determines that the environmental issues, effects and mitigation of the proposed project are similar to those addressed in the Draft and Final EIR prepared for the proposed project and that cumulative impacts are adequately addressed in the Draft and Final EIR. The City Council has determined that, due to the information provided in the Draft and Final EIR, City Council Staff Reports and public testimony; 1) some significant environmental impacts listed in the Draft EIR are not mitigable to a level of insignificance (air quality, noise and traffic), 2) all suggested alternative projects within the Draft EIR are not feasible (See Findings in Exhibit A above). Therefore, Statements of Overriding Consideration in relation to the Upper and Lower Commercial component of Mission Bell Plaza are presented below. From this, it is determined that the benefits of the proposed project to the State of California, County of Ventura and the City of Moorpark outweigh the unavoidable adverse environmental effects of air quality, noise and traffic. Statement of Overriding Consideratio*+c• - The project is consistent with the city's General Plan for land use and provision of commercial services for the local population. - Since the project site has never been developed, no air pollutants are currently generated by its use. The proposed project will add 198,792 square feet of neighborhood retail commercial to the city of Moorpark. Once the retail commercial project is in operation, the amount of air pollutants will increase on -site and in the general area. Currently, many Moorpark residents travel out of the city limits of Moorpark for neighborhood retail shopping purposes. The proposed neighborhood retail commercial center will result in a reduction in vehicle miles travelled VMT by Moorpark residents since Moorpark residents will travel a shorter distance to the propose ci neighborhood commercial facilities (once the commercial center is in operation). Therefore, the totai amount of air pollutants within the sub - regional airshed will be decreased since total vehicle miles travelled (VMT) will decrease. - Operation of this neigWrhood retail ,•ornmercial center will result in increased revenue to the local general tax base due to increased market k_, , ture or resident's disposable income. - Developer- funded improvements to Los Angeles Avenue (to be completed prior to occupancy by mants of the project), such as road widening, turn lanes and traffic signalization, will benefit residents of Ventura County as well as the city of Moorpark due to improved traffic flow and safety. EXHIBIT B MITIGATION MEASURES AND REPORTING AND MONITORING PROGRAM MISSION BELL PLAZA UPPER AND LOWER COMMERCIAL COMPONENTS NOVEMBER 7, 1990 Prior to complying with each of the following mitigation measures, there is a review by the City of Moorpark. The mitigation reporting and monitoring program provides the City with the review opportunity to ensure that mitigation measures have been considered and incorporated into the project implementation. The following guidelines should be followed by the City departments /divisions /consultants to ensure compliance at each step of the process. Explanation is provided within the body of the Monitoring Program in bold type, following each mitigation measure. The attached EIR Mitigation Reporting and Monitoring Checklist will be used by all City departments /divisions /consultants involved in the project implementation process in order to track the project's mitigation measure compliance progress. A table has been included at the end of the mitigation measures and mitigation reporting and monitoring program. This table is provided in order for City Staff to easily review each mitigation measure in relation to, 1) the agent responsible for it's implementation and, 2) the timing of implementation. Please note that these mitigation measures and the mitigation reporting and monitoring program apply to both the upper and lower commercial component of Mission Bell Plaza. An example of the City's standard Mitigation Reporting; and Monitoring Checklist is also provided, following this table. The mitigation measures and mitigation reporting and monitoring program should be included with the construction bid package supplied by the applicant, when construction bids are solicited. A. GEOTECHNICAL MITIGATION MEASURES 1, Miti_gation: The applicant shall conduct a detailed geotechw,ai engineering investigation to confirm and evaluat, he 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 potewi = are high. Reporting and Monitoring: Prior to issuance of zoning clearance, the applicant shall submit the detailed geotechnical engineering investigation concurrent with the grading and drainage plan for the entire project site. The City Engineer and Building and Safety Official (or an independent geotechnical consultant) shall approve this investigation prior to any grading on the project site. Once approval of this investigation is granted, notify the Community Development Department so it can be noted in the project file. The geotechnical engineer who prepared the geotechnical investigation shall.%" inspect construction progress for compliance with the recommendations of the geotechnical investigation. 4" City P' 2. 1\aiti anon: 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 roils, toundation design parameters, and the stability , gr, ded slopes. R=Dxling and Monitoring: Prior to issuance of zoning clearance, the applicant shall submit the detailed 2- geotechnical engineering investigation concurrent with the grading and drainage plan for the entire project site. The City Engineer and Building and Safety Official (or an independent geotechnical consultant) shall approve this investigation prior to any grading on the project site. Once approval of this investigation is granted, notify the Community Development Department so it can be noted in the project file. Pwing grading and ppejeell eanstmetieff, The geotechnical engineer who prepared the geotechnical investigation shall alto. inspect construction progress for compliance with the recommendations of the geotechnical investigation. 44441- .C; 93. F*+ninnar B. AIR QUALITY MITIGATION MEASURES Short -term 3. Mitigation: A regular watering program shall be implemented to reduce fugitive dust. Twice during the work day and at the end of the work day, graded portions of the project site shall be watered to create a "crust" surface. This would reduce the amount of dust generated during non - work hours Reporting and Monitorin • During construction, the City Engineer and the on -site building superintendent shall be responsible for enforcement of this mitigation measure as stated. 4. Miti�atiorz: When appropriate, exposed surfaces shall be secdc,d with a fast growing, soil binding plant. This would 2 -3 substawially r('dU, e wind erosion and its contribution to local particulate levels. Reporting and Monitoring- Prior to issuance of zone clearance, the applicant shall submit a landscape and irrigation plan prepared by a Landscape Architect (licensed in the state of California). This plan shall include a temporary erosion control seed mix. The landscape plan shall be approved by the Community Development Director prior to issuance of a grading permit. The City Engineer and the on -site building superintendent during construction shall be responsible for enforcement of this mitigation measure as stated. 5. Mitigation: All grading operations shall be subject to compliance with the Ventura County APCD dust control measures as enforced by APCD inspectors. Reporting and Monitoring; During the construction phase of the project, City Engineer, Building Inspector, the on -site construction superintendent and the APCD shall enforce all dust control measures. The on -site construction superintendent shall have a copy of the dust control measures on -site at all times. 6. Mitigation: All grading and construction equipment shall be kept on or near the site until those phases of development are completed. Reporting and Monitoring: The City Engineer and the on- site construction superintendent shall enforce the parking location of construction- related vehicles at all times during the construction phase. 7. Mitigation.: Site access roads shall be covered with gravel or pavin, 2 -+ Reporting and Monitoring- Prior to issuance of zoning clearance, a grading plan and drainage plan shall be submitted and approved by the City Engineer. This plan shall include a statement in the general notes which requires that site access roads shall be covered with gravel or paving as well as labelling the roads to be gravelled or paved. During construction, the City Engineer shall enforce compliance with the mitigation measure. 8. Mitigation: During periods of high winds (30 mph or greater), grading operations shall be ceased. Reporfing 2nd Monitoring: During the construction phase of the project, City Engineer, the on -site construction superintendent and the APCD shall enforce all dust control measures. The on -site construction superintendent shall have a copy of the dust control measures on -site at all times. 9. Mitigation: All earth material being moved shall be securely covered. Reporting and Monitoring: During the construction phase of the project, the City Engineer, the on -site construction superintendent and the APCD shall enforce all dust control measures. The on -site construction superintendent shall have a copy of the Ventura County APCD dust control measures on -site at all times. 10. Mitigation: Periodic application of water on material stockpiles shall be conducted. Reporting an Monitoring • During the construction phase of the project, the City Engineer, the on -site construction superintendent and the APCD shall enforce all dust control measures The on -site construction superintendent shall Z -5 Long -Term have a copy of the State of California and Ventura County APCD dust control measures on -site at all times. 11. Mitigation: On -site vehicular traffic shall be limited to no more than 15 mph. Reporting and Mo ito ing. The City Engineer and the on- site construction superintendent shall enforce the on -site vehicle speed of construction- related vehicles at all times during the construction phase. 12. Mitigation: Public streets in the vicinity of the site shall be periodically washed down with water. Reporting and Monitoring. During the construction phase of the project, the City Engineer and the on -site construction superintendent shall enforce this mitigation measure at all times. 13. Miti ation: Transportation Management Plan - The applicant should prepare a Transportation Management Plan (TMP) or similar plan that would reduce total employee Commuter trips. Reporting annd Monitoring; Prior to issuance of occupancy, the applicant shall submit a Transportation Management Plan (TMP) to the Community Development Department. The TMP shall include only those employers on -site with 50 or more employees. This TMP shall be approved by the City Engineer and Director of Community Development prior to issuance of occupancy of the main anchor tenants. This 'UM1' ;hall be updated annually and submitted for review and approval to the Community Development Department. The shopping center property management 2, company may act as the on -site TMP coordinator for the large tenants. 14. Mitigation: Provide On -site Transit Facilities - The applicant shall provide the following on the project site: covered and lighted bus stops; bus turnouts; and safe pedestrian walkways between structures and bus stops. Reporting and Monito 'nom Prior to zoning clearance, the applicant shall submit a Plan showing the design and locations of covered and lighted bus stops, bus turnouts, and safe pedestrian walkways between structures and bus stops. This plan shall be approved by the Director of Community Development prior to zoning clearance approval. 15. Mitigation: Banking Services - Bank - related services (Auto Teller Machine, Direct Deposit, Check Cashing, etc.) can be provided on -site in order to reduce traffic trips. ReAorting and Monitoring- Prior to occupancy approval for the market, an Automated Teller Machine must be installed inside the facility. This mitigation measure will be enforced by the Community Development Department 16. Mitigation: Off -site Vehicular Traffic Circulation Improvements - The applicant should contribute funds toward the improvement of local vehicular traffic circulation improvements. Such improvements could include improved signal sychronization and /or widening of intersections/ roadways, This measure is proposed in order to improve the Flow of traffic in the City which would reduce congeshon and the emission of air pollutants. $eRMingAnd lonitoring: Prior to issuance of occupancy for any tenants, the applicant shall contribute "Area of Contribution" funds as directed by the City Engineer. M 17. t T :-miti �tion: '3u .� :_Downs - Estimated costs of "buy downs" for the proposed project should be based on the net estimated emissions associated with the proposed project. As calculated, "buy down" fees applied to the project total $354,343.68 which shall be paid as a one -time contribution to the City's Traffic Management Fund. Repo ng and Monito 'n Prior to zoning clearance, the applicant shall deposit these funds with the City. 2-8 C NOISE MITIGATION MEASURES SHORT TERM 18. Mitigation: Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. on weekdays, between 9:00 am and 7:00 pm on Saturdays and shall exclude Sundays. During the construction phase of the project, the City Engineer and the on -site construction superintendent shall enforce this mitigation measure at all times. 19. Mitigation: During site preparation and construction, construction equipment shall be fitted with modern sound - reduction equipment. During the construction phase of the project, the City Engineer and the on -site construction superintendent shall enforce this mitigation measure at all times. LONG TERM No mitigation measures are known that would reduce the off - site impact mag- :itude of noise associated with project - generated traffic. However, the following measures are provided that would reduce specific noise events. 20. Mitigation: The noise wall adjacent to Shop Numbers 1, 2 and 3 and Retail "A" shall be increased in height to eight feet. Reporting and Monitorin Prior to construction of Shop Nos. 1,2,,3 and Retail "A "(as shown on the site plan), the adjacent noise wall shall be constructed to a height of 8 feet. The City Engineer shall verify this prior to construction of this portion of the retail commercial center. 21. Mitigation_: Noise attenuation walls to a height of eight feet shall Ile: located around all loading; areas. 2-9 Repo ing an d Monitorin &: The Community Development Department will ensure that this condition has been complied with prior to approval of occupancy for any business with a loading area. 22. Mitigation: Vehicle speed limits of 25 mph shall be posted along Liberty Bell and Lassen Avenue. &PVIIiUg and Monitorin Prior to issuance of occupancy for any tenants, these signs shall be posted to the satisfaction of the City Engineer, with all costs incurred by the applicant. Enforcement of the posted speed limit shall be the responsibility of the Moorpark Police Department 23. Mitigation: Use of parking lot vacuums and landscape maintenance equipment shall be limited to the hours of 8 a.m. end 7 p.m. weekdays. Reporting and Monitoring Enforcement of this mitigation measure shall be the responsibility of the shopping center property management company and the City Code Enforcement Officers„ 24. Mitigation: Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. on weekdays, between 0:00 am and 7:00 pm on Saturdays and shall exclude `7undays. • During the construction phase of the project, the City Engineer and the on -site construction superintendent shall enforce this mitigation measure at all times. No mitigation measures are known that would reduce the off - site impact magnitude of noise associated with project - generated to l is 2 -l� D. FIRE P?zarEcTION MITICA'l-TON MEASURES NONE E. POLICE PROTECTION MITIGATION MEASURES 25. MitiUa 'on: A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be erected around the construction site. Reporting and Monitorin& Prior to beginning of construction, the City Engineer shall ensure this mitigation measure is completed. This mitigation measure shall be placed in the General Notes of the Final Construction Plans. 26. Mitigation: Construction equipment, tools, etc., shall be properly secured during non - working hours. Repo g and Monitn '++o• During the construction phase of the project, the City Engineer and the on -site construction superintendent shall enforce this mitigation measure at all times. 27. Mitigation• All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. Ding the construction phase of the project, city inspectors and the on -site construction superintendent shall enforce this mitigation measure during construction. 28. MMitie;::tio _,_ Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them. All parkink; areas sh,ail be provided with a lighting system capable w illuminating the parking surface with a minitrium maintained 1 -foot candle of light and shall be ll designe u to minimize the spillage of light onto adjacent properties. All extenor lighting devices shall be protected by weather and breakage- resistant covers. Reporting and Monitorine: Prior to zoning clearance, a Lighting Plan shall be submitted with the Final Construction Drawings and approved by the Director of Community Development. The Lighting Plan shall be prepared by an electrical engineer licensed to work in the state of t_'alifornia. 29. Mitigation: Landscaping shall not obstruct any exterior door or window. Reporting, and Monitori= Prior to zoning clearance, the applicant shall submit a Landscape and Irrigation Plan for review and approval by the Community Development Department. The Landscape and Irrigation Plan should note this concern in the General Notes and consider this when determining the plant selection. 30. Mitigation: Landscaping is to be maintained at a height where pedestrians will have full view of the area with no obstructions. Reporting and Monitoring: Prior to zoning clearance, the applicant shall submit a Landscape and Irrigation Plan for review and approval by the Community Development Department. The Landscape and Irrigation Plan should note this concern in the General Notes and consider this when determining the plant selection. 31. Mitigation: landscaping at entrances /exits or at any intersectson within the parking lot shall not block or screen views of ,i seated driver from another moving vehicle or pedcstri 2 -12 Reporting and Monitoring: Prior to zoning clearance, the applicant shall submit a Landscape and Irrigation Plan for review and approval by the Community Development Department. The Landscape and Irrigation Plan should note this concern in the General Notes and consider this when determining the plant selection. 32. Mitigation: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. Reporting and Monitoring: Prior to zoning clearance, the applicant shall submit a Landscape and Irrigation Plan for review and approval by the Community Development Department. The Landscape and Irrigation Plan should note this concern in the General Notes and consider this when determining the plant selection. 33. Mitigation: Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. Reporting and Monitoring; Prior to zoning clearance, a Sign Plan shall be submitted with the Final Construction Plans. The Sign Plan shall include a detail of the proposed style of addressing. Prior to issuance of occupancy, the size, location and appearance of all addresses shall be approved by the City Building Official, the Police Department and the Fire Department. 34. Mitigation: Address numbers shall be a minimum of six irac} cis height and illuminated during the hours of dark.nes Reporting and Monitoring; Prior to zoning clearance, a Sign Plan shall be submitted with the Final Construction Plans. The Sigri Plan shall include a detail of the proposed style of addressing. Prior to issuance of occupancy, the size, location and appearance of all addresses shall be approved by the City Building Official, the Police Department and the Fire Department. 35. Mitigation: All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick or of metal construction Front glass door(s) commonly used for entry are acceptable but should be visible to the street. Reporting and Monitoring Prior to issuance of occupancy, these improvements shall be approved by the City Building Official, the Police Department and the Fire Department. 36. Mitigation: Doors utilizing a cylinder lock shall have a minimum five pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. Reporting and Monitoring; Prior to issuance of occupancy, these improvements shall be approved by the City Building Official, the Police Department and the Fire Department. 37. Mitigation_ There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc. Reporting and Monitoring; Prior to issuance of occupancy, these concerns shall be addressed by the City Building Official, the Police Department and the Fire Department. 38. Mitigatiuw,_ upon occupancy by the owner or proprietor, each single unit in a tract or commercial development constructoti under the same general plan, shall have locks using combinations .vhich are interchange free from locks 2 lt used it :it] other separate dwellings, proprietorships, or similar distinct occupancies. Reporting and Monitoring; Prior to issuance of occupancy, these improvements shall be approved by the City Building Official, the Police Department and the Fire Department. F. PARKS AND RECREATION MITIGATION MEASURES 39. Mitigation: Fees for the upper and lower commercial project component shall be assessed per City policy as defined below: $0.25 per square foot of commercial use Reporting and Monito 'ng; Prior to issuance of occupancy, this fee shall be deposited with the City of Moorpark and documented by the Community Development Department. C• WATER PROVISIONS MITIGATION MEASURES NONE H. SANITARY SEWERS MITIGATION MEASURES 40. Mitigation: The project applicant shall be required to fund all sewer infrastructure improvements necessary to accommodate the proposed project demand. Reporting and Monitoring; --Prior to zoning clearance, the applicant shall submit for review and approval public improvement plans and Final Construction Plans for review and approval by the City Engineer. Prior to acceptance of public improvements and bond exoneration, the applicant shall contribute funds as directed by the City Engineer and/or construct all public improvements as shown on the 2-1- improvement plans to the satisfaction of the City Engineer_ 41. Mitigation: The applicant shall be required to comply with all pertinent County of Ventura Public Works Department connection regulations. These mitigation measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1). Reporting and Monitoring• Prior to zoning clearance, the applicant shall submit for review and approval public improvement plans and Final Construction Plans for review and approval by the City Engineer. Prior to acceptance of public improvements and bond exoneration, the applicant shall construct all public improvements as shown on the improvement plans to the satisfaction of the City Engineer and the County of Ventura Public Works Department (Waterworks district No. 1). L STORM DRAINAGE MITIGATION MEASURES 42. Mitigation: On -site detention basins should be incorporated into the proposed site plan. Reporting and Monitoring, Prior to zoning clearance, the applicant shall submit grading and drainage plans (which include provisions for on -site detention basins in the parking lot landscaped areas) for approval by the City Engineer. Prior to acceptance of public improvements and bond exoneration, the applicant shall construct all public improvements as shown on the improvement plans to the satisfaction of the City Engineer and the City's Landscape Architect. Any on -site detention areas within proposed landscaped areas shall be shown on the required landscape and irrigation plan. 2 -11 J. SOLID WASTE MITIGATION MEASURES 43. Mitigation: To encourage future residents and tenants of the proposed project to contribute materials for recycling, design considerations shall be included in each development component that would provide adequate space and facilities for the storage and transfer of recyclable materials. Repo_ rting and Monitoring, Prior to zoning clearance, the applicant shall submit to the Community Development Department for review and approval Final Construction Plans which include adequate location and space within the retail center for tenants to store and transfer recyclable materials. K- VISUAL RESOURCES/LIGHT AND GLARE/ARCHITECTURAL MITIGATION MEASURES 44. Mitigation: 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. Reporting and Monitorin • Prior to zoning clearance, the applicant shall submit a landscape and irrigation plan for approval by the Community Development Department and the City's Landscape Architect. The Landscape and Irrigation Plan shall include tall growing trees along the western property boundary. 45. Mitigation No illuminated building mounted signs shall be permitted on any building facade facing towards a residential neighborhood. 13 Porting and Monitoring• Prior to zoning clearance, a Sign Program shall be submitted with the Final Construction 2-11 :. Plans and approved by the Director of Community Development. Illuminated building signs shall be restricted as identified above. 46. Mitigation: All parking lot pole lights and street lights shall be fully hooded and back shielded to reduce the light "spillage° and glare. Reporting and Monitoring• Prior to zoning clearance, a Lighting Plan shall be submitted with the Final Construction Plans and approved by the City Engineer, City Building Official and Director of Community Development. The Lighting Plan shall be prepared by an electrical engineer licensed to work in the state of California. 47. Mitigation: Trees and shrubs planted along the western site perimeter shall be a minimum 24 inch box size in order to provide a screening effect in a short time period. Reporting and Monitories• Prior to zoning clearance, the applicant shall submit a landscape and irrigation plan for approval by the Community Development Department. The Landscape and Irrigation Plan shall include trees and shrubs in minimum 24" box sizes along the western site perimeter, 48. Mitigation; Colors and materials of the proposed building shall be compatible with the surrounding area. Reporting and Monitorin • Prior to zoning clearance, a Building Color Chart shall be submitted with the Final Construction Plans. This Color Chart shall be approved by the Director of Community Development and incorporated into the private Conditions, Covenants and Restrictions (CC &R's) tar the project. Any proposed color change shall reviewed by the Director of Community Development_ 49. Tinted windows shall be installed to minimize the emittance of light and glare from interior sources. Reporting and Monitoring; Prior to zoning clearance, the applicant shall submit Final Construction Plans which include a sample window detail noting the requirement for tinted windows. This shall be approved by the Director of Community Development and incorporated into the private Conditions, Covenants and Restrictions (CC &R's) for the project. Any proposed change shall reviewed by the Director of Community Development 50. Mitigation: Prior to approval of a zoning clearance, the applicant shall have a tree report prepared consistent with City code requirements. Landscaping shall be provided for the commercial development which is equivalent to the value of the 310 trees which will be removed. Reporting and MonitorinZ: Prior to zoning clearance, the applicant shall submit a tree report and a landscape and irrigation plan for approval by the Community Development Department and City's Landscape Architect. The tree report shall indicate the total value of all trees to be removed. L. `I'RAFEIGC'IRCULATION MITIGATION MEASURES On October 17, 1990, the City Council approved the following mitigation measures in relation to transportation improvements: 671 The applicant shall submit to the city for review and approval, street improverraent {Mans prcljared by a registered civil engineer; shall enter into an agreement witit the City to complete the improvements; and shall Fir. d,:'J surety guaranteeing the construction of the improyt.merrts. Any necessary right -of -way acquisition necessary to coni►,lete the required improvements Trill be acquired by the applicant at their egpt�nse. Die 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 59 feet of right -of -way, 51 foot pavement width, a 6 foot landscaped area and a 6 foot sidewalk. The landscaped area and sidewalk shall be located within the 8 foot parkway area and a 4 foot landscape and pedestrian easement. Applicant shall construct improvements north of the centerline across the frontage of the project. Applicant shall also construct sufficient roadway widening along the south side to permit restriping for a westbound auxiliary lane across the entire frontage of the project, as well as a 12 foot wide eastbound right turn pocket providing a minimum of 150 feet of storage at Liberty Bell Road. All Los Angeles Avenue improvements shall be shown first on preliminary plans which shall be submitted to the City for review and approval, after which they will be submitted to Caltrans for review and approval. Los Angeles Avenue scope of improvements shall be returned to City Council for consideration of alternative improvements, if Caltrans will not approve the preliminary plans. The applicant shall make an irrevocable offer of dedication of an additional 9 feet across the frontage of the project. The City may, in the future, elect to accept this dedication to provide for construction c:f additional improvements. The applicant shall design the main driveway project entrance between Park Lane and Liberty Bell Road to provide two inbound lanes and one outbound lane. The required Los Angeles Avenue improvements shall include restriping to provide a striped island in the vicinity or this driveway, thereby prohibiting left turns in or out of Life criveway. In conjunction with other tos Angeles Avenue improvements, all necessary transitions shawl big designed and constructed to the satisfaction of ti +t t:.;y Engineer and Caltrans. Any improvements constructer) ty the City with Los Angeles Avenue Area of Contribution t,nds that would normally be the responsibility of the jj,o licant shall be offset by special applicant contributions he Ios Angeles Avenue Area of Contribution fund. b. Liberty Neil Road shall be resigned and constructed to align with the ultimate Liberty 8,11 R{aad ilignmenL south of Los Angeles Avenue. The LH arty Hell Road - Los Angeles Avenue Mtzrsection must be designed and constructed to provide for necessary turning pockets and must be reviewed and approved by the City Engineer prior to recordation so that the dedication Of right -of -way on the map will be the ultimate right -of -way dedication. Liberty Bell Road will be a variable width street, with all elements designed to the satisfaction of the City Engineer. A conceptual configuration of the proposed improvements is shown in the attached Figure 1. Although it is intended that the concept shown on this figure be implemented, it is understood that final plan details such as transition design may vary from that shown in the figure. Landscape & Pede -strian �- Easement Third Set of L -2"l S i- F, IJ, i Dt ivcways 8 ;5 /ElL ;� : : Second Set of Driveways 4 g 5 : R W - -�► "st Set of: i)r iveways : : ;4 8 12 : J 12 Y 12 12 I j TU ! i 1? I 2 i1, g B/L I� 1.2 12 5 B!L 65' Landscape & Pedestrian Easement 6' Landscaped Parkway & --- 6' Sidewalk :160' Transition 8 14: 12 12 12 12 5 8 4I ! � � B/L a R/W LOS ANGELES AVENUE FIGURE 1 ' UBERTY BELL ROAD C . kassen Avuaue per Plate B -SA, modified to have 56 feet of right -of way to match the existing, previously dedicated, alignment per Parcel Map No. 3781 on the easterly portion of ttre project site. Lassen Avenue shall have a 6 foot sidewalk and 4 foot landscaped a, ea on the south side, within the 8 foot parkway area and a 2 foot landscape and pedestrian easement. All improvements south of centerline plus 12 feet north of centerline shall be constructed. In addition, all necessary transitions shall be constructed to the satisfaction of the City Engineer. The only connection of Lassen Avenue to Sierra Avenue shall be in the form of an unpaved emergency access easement area west of Liberty Bell Road. This easement shall be to the satisfaction of the City Engineer, the Director of Community Development, the Sheriff's Department and the Fire Department. The connection of Lassen Avenue to Liberty Bell Avenue shall be in tire form of a knuckle per City standard. d Although not a requirement of this development, it is noted for future reference that any future street intersecting Lassen Avenue in the vicinity of the traffic circle servicing the proposed office buildings east of Liberty Bell Road shall not be offset from the traffic circle. e. Park Lane per Plate B -3D, modified west of centerline to have 28 foot right -of -way, 20 foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway area and a 4 foot landscape and pedestrian easement; with the portion of Park Lane located within 150 feet north of the prolongation of the northern right -of -way of Los Angeles Avenue designed and constructed in accordance with Plate B -30, modified to have 65 foot right -of -way width, 49 foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway area and a 4 foot pedestrian easement. 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 extent Practicable, Park Lane improvements north of Los Angeles Avenue shall align with ultimate improvements south of Los Angeles Avenue. Design :)f the Park Lane - Los Angeles Avenue intersection must be ieviewed and approved by the City Engineer prior to recordation so that the dedication of right - of -way on the map d,li be the ultimate right -of -way dedication. f. No portion of any project driveway may be within 150 feet of the nearest curb prolonq.atiun of an adjacent intersection. 9. The applicant shall con�.truct the necessary improvements to provide Class II bicycle- lanes (5 feet wide) along Liberty Bell Road per the Circul,ltrori Llument of the Moorpark General Plan. S2. The applicant shall execute a covenant running with the land on behalf of itself and its successo►-s, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique includirig, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, and Pub) is street and traffic improvement, directly or indirectly affected by the development. 53, The applicant shall post sufficient surety guaranteeing completion Of all improvements which revert to ti►e City (i.e., landscaping, parks, fencing, Etc.) or which require removal (i.e., model homes, temporary debris basins, etc j. SY. Applicant shall post sufficient surety for the installation of a tl'affic 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 $65,000 or 50 percent of the construction expenses, whichever is less. 55 The applicant shall post sufficient surety for the installation of a traffic signal at the intersection of Los Angeles Avenue - Park Lane. 56. The applicant shall make a special contribution to the City representing the applicant's prorata share of the costs of improvements to the following intersections. • Poindexter Avenue - Moorpark Avenue • Los Angeles Avenue - Gabbert Road _ • Los Angeles Avenue - Moorpark Avenue • Spring Road - llew Los Angeles Avenue To determine the costs of first these improvements, the applicant shall prepare conceptual Engineer, the prorata pplops to the satisfaction of the City incremental traffic added sr►are by Lite shall be developed based on the the City Council prior to then be zoning project, and shall be approved clearance. The contribution by shall paid to City, prior to zoning clearance. PRIOR TO € CCUPAiIC`r`, 111E Fill t fIW111j; 10i #`_; SiiAl 1. BE SATISFIED: 57 The Los Angeles Avenue - Liberty Bell Avenue traffic signal shall be operational prior to any occupancy for this project. 5$, The Los Angeles Avenue - Park Lane traffic signal shall be constructed by the appl icant prior to the occupancy of the 160,000th square foot and shall be operational if approved by Caltrans. If construction of this signal is not allowed by Caltrans at the time of the applicant's request For occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. ]Iris construction cost shall include associatEd engineering, construction inspection and administration costs. M is cash deposit does not relieve the applicant from constructing this signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. Sq, All street and storm drain improvements shall be constructed prior to first occupancy. If right -of -way acquisition or Caltrans permission can not be obtained, the applicant can request construction deferment on those portions of construction from the City Council. PRIOR TO ACCEPTAiICE of PUBLIC IMPROVEMENTS AND BOiID EXOiIERATION, THE FOLLOWHIG CO NDIT1OiIS SHALL BE SATISFIED: 60, Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain In place for one year following acceptance by the City Council. Reporting and Monitoring- Prior to zoning clearance, the applicant shall submit public improvement plans for review and approval by the City Engineer and Caltrans. 2-P4 M. POPULATION/HOIJSINC_x MITIGATION MEASURES NONE N. HEALTH HAZARDS MITIGATION MEASURES NONE �_ra MITIGATION MONITORING INDEX TABLE MISSION BELL PLA./A - CPD 89 -1, 89 -2 NOVEMBER 7, 1990 MITIGATION IMPLEMENTATION ENFORCEMENT MONITORING FEE MEASURES AGENCY PHASE REQUIRED 1 Applicant City Engineer A No 2 Applicant City Engineer A No 3 Applicant City Engineer C No 4 Applicant City Eng, CDD AC No 5 Applicant CE,Insp,APCD C No 6 Applicant City Engineer C No 7 Applicant City Engineer AC No 8 Applicant CE, APCD C No `1 Applicant CE, APCD C No 10 Applicant CE, APCD A No 11 Applicant City Engineer C No 12 Applicant City Engineer C No 13 Applicant CDD, CE, APCD A,B,D No 14 Applicant CDD, CE, SCAT A No 15 Applicant CDD A No 16 Applicant City Engineer B Yes 17 Applicant CDD A Yes 18 Applicant City Engineer C No 19 Applicant City Engineer C No 20 Applicant City Engu Vtl C No 21 Applicant CDD B No 22 Applicant City Engineer B No 23 Applicant Inspector B,D No 24 Applicant City Engineer C No 25 Applicant City Engineer C No 26 Applicant CE C No 2:7 ApT Bean! CE C No 2t3 "pplicala CDD B No 29 Applicant Applicant. A, D No 2 -21 30 Applicant CDD, Cit ±y Insp. A, D No 31 Applicant CDD, City Insp. A, D No 32 Applicant CDD, City Insp. A, D No 33 Applicant All City Staff A,C No 34 Applicant All City Staff A, B No 35 Applicant All City Staff A, B No 36 Applicant All City Staff A, B No 37 Applicant All City Staff A, B No 38 Applicant All City 'staff A,B No 39 Applicant CDD B Yes 40 Applicant City Engineer A, B Yes/No 41 Applicant City Engineer A, B No 42 Applicant CE,CDD,Caltrans A, B No 43 Applicant CDD CE A, B No 44 Applicant CDD CE A, B No 45 Applicant CDD ' CE A, B No 46 Applicant CDD CE A, B No 47 Applicant CE, CDD A, B No 48 Applicant CDD A No 49 Applicant CDD, Bldg Insp A No 50 Applicant CDD A No 51 Applicant CE, CDD,Caltrans A No 52 Applicant CE, CDD,Caltrans A No 53 Applicant CE, CDD,Caltrans A No 54 Applicant CE, CDD,Caltrans A No 55 Applicant CE, CDD,( altrans q No 56 Applicant CE, CDD,( aitrans A No 57 Applicant CE, CDD,Caltrans A No 58 Applicant CE, CDD,Caltrans A No 59 Applicant CE, CDD,C'altrans A No 60 A = Applicant CE,. CDD,'- >1trans Prior to Zoning Clearance A No B = Prior to Occupancy C = During Construction Phase D = Post - Occupancy 2 -22 SIR MITIGATION REPORTING & MONITORINI.- . ECKLIST: Pre ;ect Name: i'ro ;ecl Case Numbers: ',pplicant: ,i;,,roval Date: .1it19alion Measure Resolution Number: Monitonng Division - -- -The following abbreviated environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate or avoid identified significant environmental impacts. This checklist indicates the extent to which each mitigation measure has been compiled with and implemented. (The approved list of mitigation measures and reporting /monitoring program are attached) Shown # of Condition on Reports Report Fee Paid Other # Plans Required Filed PRIOR TO ISSUANCE OF ZONING CLEARANCE PRIOR TO PERMISSION FOR OCCUPANCY ONGOING Kplanation of Headings )nitoring Div. o Department, agency, or private firm, responsible for monitoring Fee Paid that specific mitigation measure ov: n on Plans a It a mitigation measure is shown on plans, this column will be ini- Other tialed and dated Remarks port Filed. _ If a mitigation report is filed, this column will be initialedanddated Remarks - If a fee is required, this column will be initialed and dated - This column is for other mitigation reporting mechanisms - Area for describing statusofanongoing mitigation measure, orfor other information RESOLUTION Rio. 90-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DENYING WITHOUT PREJUDICE RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -89 -1, GREENLEAF APARTMENT PROJECT (MACLEOD CONSTRUCTION COMPANY) WHEREAS, at duly noticed public hearings on June 4, June 11, and July 2, 1990, the Planning Commission considered the application filed by Macleod Construction Company requesting approval to construct the Greenleaf Apartment Project on a 15.14 - acre site located south of Poindexter Avenue, east of Sierra Avenue, and west of Chaparral Middle School (APN's 511 - 080 -245, 511 - 080 -255, and 511- 080 -265); and WHEREAS, the Planning Commission after review and consideration of the proposed apartment project application, the Draft Environmental Impact Report, and the staff reports, adopted a resolution recommending that the City Council deny the requested project; and WHEREAS, at duly noticed public hearings on July 25, August 1, August 15, September 19, and October 17, 1990, the City Council considered the application filed by Macleod Construction Company and considered the information contained in the staff reports and in the Environmental Impact Report; and WHEREAS, ath 'itxr <t�nci meeting of September 19, 1990, the applicant proposed a` substantial redesign of the Greenleaf Apartment Project which would require the filing of entitlement permits not previously requested; and WHEREAS, the City Council closed the public hearing for the project at its meeting of October 17, 1990, considered the recommendations of the Planning Commission and staff, voted to certify the Final Environmental. Impact Report, and reached its decision on the requested residential. planned development permit application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California) , the City Council of the City of Moorpark has certified the FIR for- the Mission Bell Plaza and Greenleaf Apartment Projects. SECTION 2. The City Council hereby denies Residential Planned Development Permit No. RPD -89 -1 without prejudice based on the following findings: Resolution No. 90- Page 2 The applicant has proposed a redesign of the residential project which requires approval of entitlements that have not been filed, including a tentative tract map. The redesigned residential project requires supplemental environmental review to determine potential environmental impacts. The Greenleaf Apartment Project, as originally proposed, is not considered to be compatible with the adjacent residential development. The Greenleaf Apartment Project, as originally proposed, would be detrimental to the public welfare. A denial without prejudice decision will allow the applicant to immediately file the appropriate entitlement applications for the revised Greenleaf Residential project and return the project for final City Council action after the appropriate environmental clearance document has been completed. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF NOVEMBER, 1990. Bernardo M. Perez, Mayor ATTEST: City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMITS NOS. CPD -89 -1 & 2 FOR MISSION BELL PLAZA (APPLICANTS: MACLEOD CONSTRUCTION COMPANY AND VENTURA PACIFIC CAPITAL COMPANY) WHEREAS, at duly noticed public hearings on July 25, August 1, August 15, September 19 and October 17, 1990, the City Council considered the applications filed by Ventura Pacific Capital Company and Macleod Construction Company requesting approval of Commercial Planned Development Permits Nos CPD 89 1 & 2 rhr YL t�fsr►4t r*t�t"�t -.a i1n> �Tti .,.,o ;.a+ . ice. . :1'r ��1 >s: _ �. i.. .�..K•...;:. Y: 1 ,- i;-� 4tF2.` i $J':; >: 1I$S on properties located .. north .. of Los' Angeles hAveriue south of the proposed Lassen Avenue extension, west of Park Lane, and east of an existing residential neighborhood in the City of Moorpark (Asses�v. Paroel Nos..511 Q8a 195j -205, -215, r , 2 5� 26Sr 15, -3 �. and .327 • and WHEREAS, the proposed project is compatible with the objects, policies and goals specified in the Moorpark General Plan; and WHEREAS, at its meetings of July 25, August 1, August 15 September 19, and pctober'!1.7, 1990, the City Council opened the public hearing and took testimony from all those wishing to testify and then closed the public hearing on QZe`?7, 1990; and WHEREAS, the City Council after review and consideration of the information contained in the Staff Report dated July 25, 1990 and the Draft and Final Environmental Impact Report (EIR) prepared for the proposed project has reached a decision on this matter; and WHEREAS, on October 17, 1990, the City Council directed staff to prepare a resolution approving the Lower Commercial component of CPD -89 -1 & 2, as shown on Exhibit A (site plan artcl ions) which is attached hereto and incorporated herein* by this reference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council adopts the findings contained in the City Council Staff Report dated July 25, 1990, which is incorporated herein by reference in Exhibit B as though fully set forth. -I1- SECTION 2. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California), the City Council of the City of Moorpark determines that the environmental issues, effects and mitigation of the proposed project is similar to those addressed in the EIR prepared for the proposed project and that the SECTION 3. That the City Council finds that the proposed project is consistent with the City's General Plan. SECTION 4. That the proposed project will provide desirable characteristics which will be compatible with existing and proposed development in the surrounding neighborhood. 1990. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF NOVEMBER Bernardo M. Perez, Mayor City of Moorpark ATTEST: Lillian E. Kellerman City Clerk Exhibits: Exhibit A: Approved Site Plan and elevations for lower commercial component Exhibit B - Findings incorporated by reference Exhibit C - Conditions of Approval dated 11 -7 -90 _2__ November 7, 1990 REVISED CONDITIONS OF APPROVAL FOR CPD'S 89 -1 AND 2 19. Prior to the issuance of a Zoning Clearance, the applicant shall pay all outstanding case, pxaces%ng (plaz�nilg anc engin�eng1 and environmental impact report preparation costs for CPD 89 -1' and 89 -2. 24c. A 2;0(-foot landscaped setback (not including the public right - of -way) shall be provided along Los Angeles Avenue, Liberty Bell Avenue, and Park Lane 26i. 28. Delete. 31. All trash disposal areas shall be provided in a location which will not interfere with circulation, parking, or access to the buildings and shall be screened with a six foot high, solid wall enclosure with metal gates. The tra�h::dlsogal:ar$as 50. 11a4- t:%LyCL.LZs.: •rne rinal aesign of the trash enclosure shall be subject to the approval of the Director of Community Development prior to the issuance of a zoning clearance. 60. Delete. 66. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. Landscan ;nR ��; o�,. the subject commercial: 67. Delete. NnvAmhar 7 iogn 79. I-J�' 83c. Lassen Avenue per Plate B -5A, modified to have 56 feet of right -of -way to match the existing, previously dedicated, alignment per Parcel Map No. 3781 on the easterly portion of the project site. Lassen Avenue shall have a 6 foot sidewalk and 4 foot landscaped area on the south side, within the 8 foot parkway area and a 2 foot landscape and pedestrian easement. All improvements south of centerline plus 12 feet north of centerline shall be constructedxotldna..t}e In aaaltlon, all necessary transitions shall'be constructed to the satisfaction of the City Engineer. The only connection of Lassen Avenue to Sierra Avenue shall be in the form of an unpaved emergency access easement area west of Liberty Bell Road. This easement shall be to the satisfaction of the City Engineer, the Director of Community Development, the Sheriff's Department and the Fire Department. The connection of Lassen Avenue to Liberty Bell Avenue shall be in the form of a knuckle per City standard. 144. Construction activities shall 179. , ana shall exc RESOLUTION NO., A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING LAND DIVISION NO. LDM -89 - 2 (APPLTCAIJT.. MACI,EOl C��T�'I`RUCTSON .COANy'� WHEREAS, at duly noticed public hearings on July 25, August 1, August 15, September 19, and October 17, 1990, the City Council considered the application filed by the Macleod Construction Company for Land Division (parcel map) No. LDM -89 -2 for properties located in an area south of Poindexter Avenue, north of Los Angeles Avenue, west of Park Lane in the City of Moorpark +.Yi.Q+a.Aeb.r+.a T7 i..A R 1. ...tiyy ; ::z ♦ .t ;:.:yK A IM1 e:'.c w <: ;:. :�.�: ..... WHEREAS, at its meetings of July 25, August 1, August 15, September 19, and Oc pb ;> 1.7 .: 1990, the City Council opened the public hearing, and took testimony from all those wishing to testify and then closed the public hearing on October! ?s9t; and WHEREAS, the City Council after review and consideration of the information contained in the Staff Report dated July 25, 1990 and the Draft and Final Environmental Impact Report (EIR) prepared for the Mission Bell Plaza and Greenleaf Apartment Projects has reached a decision on this matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOWS SECT10N 1. The City Council adopts the findings contained in the City Council Staff Report dated July 25, 1990, which is incorporated herein by reference as Exhibit A as though fully set forth, as well as those conditions of approval as stated in attached Ehibt.;S. SECTION 2. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California) , the City Council of the City of Moorpark determines that the environmental issues, effects and mitigation of the proposed project is similar to those addressed in the EIR prepared for the proposed project, and that SECTION 3. That the City Council finds that the proposed project is consistent with the City's General Plan. SECTION 4. That the City Council approves Tentative Parcel Map No. LDM -89 -2 pursuant to the findings in the Staff Report dated July 25, 1990, and the conditions of approval attached as Exhibit B to this resolution. This.$ptij(3V',�1 �g f[yY+ 1990. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF NOVEMBER Bernardo M. Perez, Mayor City of Moorpark ATTEST: Lillian E. Kellerman City Clerk Exhibits: Exhibit A - Findings incorporated by reference Exhibit B - Conditions of Approval November 7, 1990 4. Delete 17. Delete 19a. REVISED CONDITIONS OF APPROVAL FOR LDM -89 -2 32. Delete. 48. Delete.