HomeMy WebLinkAboutAGENDA REPORT 2009 1104 CC REG ITEM 08A ITEM 8.A.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
of
ACTION:
MOORPARK CITY COUNCIL-a
AGENDA REPORT
TO: Honorable City Council
'5
FROM: David A. Bobardt, Planning Director 1
Prepared by Joseph Fiss, Principal Planner
DATE: October 23, 2009 (CC Meeting of November 4, 2009, Public Hearing
continued from October 7, 2009)
SUBJECT: Consider Conditional Use Permit No. 2008-05 and Industrial Planned
Development No. 2008-01, a Request to Construct a New Commercial
Fueling Facility Consisting of One (1) Building and Two (2) Canopies
on the South Side of Princeton Avenue, East of the SR-118 Freeway
Overpass on the Application of Todd Manner (Fiedler Group) for the
Moorpark Redevelopment Agency
BACKGROUND
On August 8, 2008, Todd Manner of the Fiedler Group, submitted an application on
behalf of the Moorpark Redevelopment Agency (MRA), the property owner, for
Conditional Use Permit No. 2008-05 and Industrial Planned Development No. 2008-01,
a request to construct a new commercial fueling facility consisting of one (1) building
and two (2) canopies on the south side of Princeton Avenue, just east of the SR-118
freeway overpass. This fueling station would replace the existing Pacific Pride fueling
station on High Street, currently owned by the J.E. Clark II Corporation (J.E. Clark), to
allow for future redevelopment. A Disposition and Development Agreement between
the J.E. Clark and the MRA is also required in association with this project and will be
submitted for consideration by the MRA on a future agenda.
On August 25, 2009, the Planning Commission recommended approval of the project.
On October 7, 2009, the City Council opened the public hearing and took public
testimony. Several speakers commented on issues, generally regarding land use
compatibility, traffic, and safety. The City Council directed staff to analyze the project
further with respect to traffic volumes and safety, zoning, alternative sites and noise.
The agenda item was continued with the public hearing open to November 4, 2009.
The June 23, 2009 and August 25, 2009 Planning Commission agenda reports and
minutes and the October 7 City Council agenda report are attached.
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Honorable City Council
November 4, 2009
Page 2
DISCUSSION
In response to the City Council's direction and community concerns raised at the
October 7, 2009 City Council meeting, the following additional information is provided
for the City Council's consideration:
Traffic: The Environmental Impact Statement for the Route 23 and 118 Freeway Gap
Closure indicated that in 1988, prior to construction of the freeway overpass, Princeton
Avenue (then Los Angeles Avenue and State Route 118) carried an average of
approximately 22,000 vehicles per day in the area between what is now Spring Road
and the SR-118 freeway, of which approximately 4,000 of the vehicles (18 percent)
were trucks. Current traffic counts conducted for the City show 13,000 vehicles per day
on Princeton Avenue, of which approximately 500 to 650 of the vehicles (4-5 percent)
are estimated to be trucks, the vast majority of which are Class B trucks (concrete
mixers, bobtails, local delivery vans, utility trucks, etc.). The overpass is now carrying
75,000 to 77,000 vehicles per day, of which approximately 4,000 of the vehicles (5.5
percent) are trucks. As noted in the previous report, Princeton Avenue is no longer a
designated truck route, with trucks only allowed to use Princeton Avenue for local
deliveries.
While Pacific Pride commercial cardlock stations can be found nationwide and in
Canada, each station is independently owned and operated, maintaining its own
accounts, with a focus primarily on serving local businesses. J.E. Clark maintains
approximately 150 accounts with Moorpark addresses, which make up about 70% of the
business at the High Street station. The remaining 30% of the fueling is primarily from
other Ventura County accounts. J.E. Clark estimates that only about 3-5% of their
customers come from businesses outside of Ventura County. Local account holders
are typically independent businesses that fuel either on-road or off-road trucks as well
as passenger vehicles, and include local truckers, farmers, contractors, professional
businesses, the Moorpark Unified School District, and City of Moorpark. Approximately
60% of the current customers drive Class A and B trucks, while 40% drive passenger
vehicles. The following table shows fueling patterns of both cars and trucks during
different times of day under current and more favorable economic conditions.
Time of Day Current No. of Vehicles Current %of Daily Ideal
by Type No.of Total No. of
Vehicles Vehicles
12:00 AM— 10 trucks (class A) 10 13.3% 30
6:00 AM 1.7/hour 5.0/hour
6:00 AM— 15 trucks(class A and B) 25 33.3% 75
12:00 PM 10 class C cars/pickups 4.2/hour 12.5/hour
12:00 PM— 15 trucks (class A and B) 30 40.0% 90
6:00 PM 15 class C cars/pickups (5/hour)15/hour
6:00 PM— 5 trucks(Class A) 10 13.3% 30
12:00 AM 5 class C cars/ icku s 1.7 1hour 5/hour
Total 45 trucks 75 225
30 class C cars/pickups 3.1/hour 9.4 1hour
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Honorable City Council
November 4, 2009
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Customers approach the High Street station from both the east and west in comparable
numbers. Because most customers are local, it is expected that slightly more
customers would be coming to the proposed station from the west, as the majority of the
City's businesses are located west of the freeway. Once finished fueling, customers
would either continue east or return west depending on daily needs. There is no reason
to expect that vehicles that are currently arriving or leaving the existing station would
change their traffic pattern, except for that stretch of Princeton between Spring Road
and the subject site.
The City did receive a comment recommending, should the project be approved, that
the fueling station not be permitted to open until the necessary Princeton Avenue street
improvements are completed. Data provided by the Police Department indicates that in
the last three years, between 5.2 percent and 7.4 percent of all citywide vehicle
collisions occurred on Princeton Avenue between Campus Park Drive and Spring Road,
as shown in the table below.
Year Total Vehicle Collisions on %of Total
Collisions in Princeton Citywide Vehicle
Moorpark Avenue Collisions
2006 318 22 6.9%
2007 344 18 5.2%
2008 297 22 7.4%
The Princeton Avenue widening project, currently in final design and engineering, would
add a painted left-turn median, bicycle lanes, and sidewalk to Princeton Avenue.
Attachment 2 shows a section of the proposed design. In addition to widening, the
project will straighten out the curves along Princeton, improving sight distances and
overall safety. Staff has added a condition of approval as follows:
"All Princeton Avenue street improvements from the 118123 overpass to Condor Drive
as part of City CIP Project 8012 must be completed prior to issuance of a Zoning
Clearance for occupancy to the satisfaction of the City Engineer/Public Works Director
and Planning Director."
Zonin_q: Staff has researched Ventura County records and has found that the project
site was part of the original Colonia Virginia subdivision in 1928. Houses were first
constructed in this subdivision in the 1930's. County zoning maps from the 1960's and
1970's show that it was zoned for residential use during this time. First evidence of its
designation for industrial use was in "The Moorpark Plan," a component of the Ventura
County Land Use Element of the General Plan, adopted by the County in 1979. Staff
has since discovered that this site was also re-zoned to M-2 on December 23, 1980
under Ventura County Ordinance 3512. The Moorpark Plan was adopted as the City's
first Land Use Element of its General Plan shortly after incorporation, along with the
County's zoning designations for Moorpark.
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Honorable City Council
November 4, 2009
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Altemative Sites: Staff has identified and analyzed 16 alternative sites, including the
proposed project site, and the existing project site, along with other vacant sites and
sites already developed with fueling stations. Sites were evaluated by their dimensions,
zoning, adjacent uses, and traffic constraints. A commercial fueling station generally
needs to be larger than a fueling station for passenger vehicles and light trucks due to
the length of the trucks and the wider turning radius required. The minimum area
required for maneuvering a fueling tanker is 100 feet by 150 feet. This does not take
into account buildings, landscaping, setbacks, stormwater retention, and on-site
circulation. When all this is taken into account, approximately 300 feet of frontage and
one acre of area are needed for good design. Lesser frontage would work on deep lots
where the fueling could be oriented at 90 degrees from the frontage road instead of
parallel to it.
For any of the alternative sites to work, an owner willing to sell the property at a
reasonable price is needed. The owners of the sites evaluated have not been
approached to determine willingness to sell, and pricing is unknown. It should be noted
that the Moorpark Redevelopment Agency recently purchased the surplus 1.98 acre
Caltrans property on Los Angeles Avenue (Site No. 9 below) for a fair market value of
$1.854 million dollars, or $936,000 per acre. The Caltrans site did not have any
improvements of significant value. Some of the sites below have substantial
improvements and would likely be more expensive. The table below shows the sites, lot
areas, useable frontage, and the advantages and constraints of each site.
Site Location, Advantages, and Total Area Useable Frontage Lot Depth
Constraints (in acres) (in feet) (in feet)
Proposed Pacific Pride Site (South
side of Princeton Avenue, east of
118/23 overpass)
Advantages: Site is owned by the
1. Moorpark Redevelopment Agency. Size, 1.46 348' 175'
frontage, and lot shape work. Zoned for
use.
Constraints: Adjacent to established
neighborhood. Not on a truck route.
Existing Pacific Pride Site (South side
of High Street,west of Spring Road)
Advantages: No change
Constraints: Nonconforming use in the
C-OT Zone. Not appropriate for
downtown character. Site too small — 46 plus .14 100' plus 30'
2. can not accommodate landscaping, on railroad 200' on railroad
setbacks, modern facilities. Not on a ROW ROW
truck route.
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November 4, 2009
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Site Location,Advantages, and Total Area Useable Frontage Lot Depth
Constraints (in acres) (in feet) (in feet)
76 Station (Southeast corner of
Princeton Avenue/Spring Road)
Advantages: Effective re-use of an
existing outdated facility. Not adjacent to
residential. Zoned for use. 165' on Princeton
Constraints: Need to purchase site. Site Avenue
3. too small. Insufficient frontage for .52 125'-140'
maneuvering. Not on a truck route. 123' on Spring Road
Would probably require removal of the
building, reworking of canopy and
driveways. Turning on to street
constrained by close proximity to
intersection.
Campus Shell Station (Southwest
corner of Campus Park Drive/Collins
345 on Collins
Drive)
Avenue
Advantages: Close to freeway. Not
4' 1
adjacent to residential. Size, frontage, .43 160'-280'
and lot shape work. Zoned for use. 279' on Campus
Constraints: Need to purchase site. Not Park Drive
on a truck route. Not centrally located.
Chevron Station (Southeast corner of
Spring Road/Los Angeles Avenue) 168' on Los Angeles
Advantages: On truck route. Not Avenue
5. adjacent to residential. Zoned for use. .69 175'
Constraints: Need to purchase site. Site 167' on Spring Road
too small. Right-in/right-out only from
both streets causing traffic conflicts.
Alliance Station (Southwest corner of
Moorpark Avenue/Los Angeles
Avenue) 135' on Los Angeles
Advantages: On truck route. Not Avenue
6. adjacent to residential. Zoned for use. .56 180'
Constraints: Need to purchase site. Site 176' on Moorpark
too small. Right-in/right-out only from Avenue
Los Angeles Avenue causing traffic
conflicts.
Shell Station (Northwest corner of
Park Lane/Los Angeles Avenue)
Advantages: On truck route. Not
adjacent to residential. Zoned for use.
Constraints: Need to purchase site. 180' on Los Angeles
Right-in/right-out only from Los Angeles . Avenue
7. Avenue causing traffic conflicts. Would .73 172'
probably require reworking of canopy 168'on Park Lane
and driveways.
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November 4, 2009
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Site Location, Advantages,and Total Area Useable Frontage Lot Depth
Constraints (in acres) (in feet) (in feet)
76 Station (Southwest corner of Leta
Yancy Drive/Los Angeles Avenue)
Advantages: On truck route. Easy 162' on Los Angeles
access to freeway. Size, frontage, and Avenue
8. lot shape work. Not adjacent to 1.25 332'
residential. Zoned for use. 322' on Leta Yancy
Constraints: Need to purchase site. Drive
Right-in/right-out only from Los Angeles
Avenue causing traffic conflicts.
Former Caltrans Site (South side of
Los Angeles Avenue between Leta
Yancy Drive and Park Lane)
Advantages: Site is owned by Moorpark
Redevelopment Agency. On truck route.
9. Size, frontage, and lot shape work due to 1.98 210' 441'
depth of lot. Zoned for use.
Constraints: Mid-block. Raised medians
planned. Right-in/right-out only from Los
Angeles Avenue causing traffic conflicts.
Adjacent to residential (across Unidos
Avenue .
Grand Moorpark Property (North side
of Los Angeles Avenue, east of
Shasta Avenue)
Advantages: On truck route. Size,
frontage, and lot shape work. Zoned for
use.
10. Constraints: Need to purchase site. Mid- 4.01 471' 429'
block. Right-in/right-out only from Los
Angeles Avenue causing traffic conflicts.
Adjacent to established neighborhood.
Removes an opportunity for
development of entitled office building.
Site too large, requires subdivision,
leaving awkward remnant parcel.
Nicola Property (South side of Los
Angeles Avenue, west of Spring
Road)
Advantages: Effective re-use of an
existing outdated facility. On truck route.
Zoned for use.
Constraints: Need to purchase site. Mid-
11. block. Right-in/right-out only from Los 1.43 156' 419'
Angeles Avenue causing traffic conflicts.
Adjacent to future residential
development.
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Site Location, Advantages, and Total Area Useable Frontage Lot Depth
Constraints (in acres) (in feet) (in feet)
Vacant Site east of Pentair Pool
Products (North side of Los Angeles
Avenue,west of Gabbert Road)
Advantages: Near truck route. Size,
frontage, and lot shape work. Zoned for
12. use. Not adjacent to residential. 6.0 369' 753'
Constraints: Need to purchase site.
Access would be from frontage road
developed as part of Commonwealth
Studios project. Site too large, requires
subdivision, leaving awkward remnant
parcel.
Human Services Site (East side of
Spring Road,south of High Street)
Advantages: Site is owned by City.
Size, frontage, and lot shape work.
Zoned for use. Not adjacent to
13. residential. 2.49 286' 381'
Constraints: Mid-block. Right-in/right-out
only from Spring Road causing traffic
conflicts. Removes an opportunity for
development of Human Services Center.
Not on a truck route.
Fairfield Inn Site (South side of White
Sage Road,east of 23 Freeway)
Advantages: Close to freeway. Zoned
14. for use. Not adjacent to residential. 2.38 354' 323'
Size, frontage, and lot shape work.
Constraints: Need to purchase site. Few
other locations available for approved
hotel use.
Calabasas BCD Site (Northeast corner
of Princeton Avenue/Condor Drive)
Advantages: Close to freeway. Size, 424' on Princeton
frontage, and lot shape work. Avenue
15. Constraints: Need to purchase site. Not 3.46 280'-465'
on a truck route. Not properly zoned. 567' on Condor
Adjacent to existing residential
Drive
neighborhood and across street from
school.
Vulcan Materials (South side of
Princeton Avenue, east of Spring
Road)
Advantages: Effective re-use of an
existing mothballed cement batch plant
16. facility. 2.82 534' 85'-280'
Constraints: Need to purchase site. Not
properly zoned. Not on a truck route.
Across street from existing residential
neighborhood, which is considerably
higher in elevation.
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Noise: Noise measurements were made at the project site on October 21, 2009 in both
,the afternoon (between 3:30 PM and 4:00 PM) and at night (between 9:45 PM and
10:15 PM) to determine ambient noise levels. The ambient noise level during the
afternoon was a consistent 64 decibels A-weighted (dBA). This background ambient
noise is directly associated with nearby freeway overpass. Separately, noise generated
by passing vehicles on Princeton Avenue was measured generally in a range of 64-80
dBA. The lowest daytime level was a momentary 61 dBA, while a brief peak of 85 dBA
was generated by a passing motorcycle.
During the nighttime recording period, the ambient noise level at the project site was 61
dBA. Less traffic flow was noted on the freeway overpass. However, passing traffic,
while more sporadic and less intense than traffic during the afternoon, continued to
generate noise levels of 62-76 dBA, nearly consistent with the daytime measurements.
The lowest evening level measured 59 dBA and existed only fleetingly during a
momentary gap in traffic on the SR 23 overpass.
Vehicles entering and exiting the site would have a comparable noise level to that along
Princeton Avenue, with large diesel trucks creating about 80dB on site. The applicant
has proposed an eight (8) foot decorative block wall on the eastern boundary of the site
to protect the adjacent residential neighborhood from on-site noise. To ensure the wall
height is sufficient, a condition of approval has been added to the resolution as follows:
"A minimum eight (8) foot high decorative block wall must be erected on the eastern
boundary of the site. Prior to issuance of a zoning clearance for construction, the
applicant must cause an acoustic study to be prepared to determine if a greater wall
height is necessary to maintain acceptable noise levels in the adjacent neighborhood in
accordance with the Noise Element of the General Plan and Noise Ordinance."
In addition, the site is large enough that a larger buffer could be created between the
truck fueling area and the Virginia Colony neighborhood. The truck fueling area could
be relocated approximately 80 feet farther to the west, and still have sufficient room for
maneuvering of large trucks. This would create the opportunity for additional
landscaping with large trees in the southeast portion of the site. With the relocation, the
canopy would be over 250 feet away from the nearest house on Princeton Avenue, and
the landscaped area in the southeast portion of the site could be extended to be
approximately 150 feet deep. The condition already proposed in the resolution for
enhanced landscaping in this area would apply to the additional area as well. The
following condition has been added to the resolution:
"Prior to the issuance of a zoning clearance for construction, the applicant shall provide
revised plans to the satisfaction of the Planning Director with the truck fueling area
shown not to extend any further east than the fueling area for passenger vehicles and
light trucks as shown on Plan C1.0 dated 912312009, and with the landscaped area in
the southeast portion of the site extended to reach at least 150 feet from the eastern
property line."
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The additional three conditions proposed for this project, along with the conditions
previously recommended, would ensure that the development will be attractive and will
enhance the neighborhood with substantial additional landscaping. This station is not
designed as a facility for long haul truckers as it does not have the necessary amenities.
A restroom in the small on-site office building would not be available to customers and a
convenience store is prohibited by the proposed conditions. The station is designed to
primarily serve local businesses, consistent with the current customer base of the
station on High Street. It should be noted that the project wall and landscaping, in
addition to blocking on-site noise, would also reduce direct exposure of the Virginia
Colony neighborhood to noise from traffic west of the neighborhood along Princeton
Avenue. With the soundwall, landscaping, relocation of the truck fueling area, and
improvements to Princeton Avenue noted above, compatibility of the use with the
existing neighborhood would be strengthened.
STAFF RECOMMENDATION
1. Continue to accept public testimony and close the public hearing.
2. Adopt Resolution No. 2009- , approving Conditional Use Permit 2008-05 and
Industrial Planned Development 2008-01.
ATTACHMENTS:
1. City Council Agenda Report from October 7, 2009 (without Resolution)
2. Princeton Avenue Improvement Section Drawing
3. Alternative Site Locations
4. Draft Resolution No. 2009- , with Conditions of Approval
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director
Prepared by Joseph Fiss, Principal Planner
DATE: September 21, 2009 (CC Meeting of October 7, 2009)
SUBJECT: Consider Conditional Use Permit No. 2008-05 and Industrial Planned
Development No. 2008-01, a Request to Construct a New Commercial
Fueling Facility Consisting of One (1) Building and Two (2) Canopies
on the South Side of Princeton Avenue, East of the SR-118 Freeway
Overpass on the-Application of Todd Manner (Fiedler Group) for the
Moorpark Redevelopment Agency
BACKGROUND
On August 8, 2008, Todd Manner of the Fiedler Group, submitted an application on
behalf of the Moorpark Redevelopment Agency (MRA), the property owner, for
Conditional Use Permit No. 2008-05 and Industrial Planned Development No. 2008-01,
a request to construct a new commercial fueling facility.consisting of one (1) building
and two (2) canopies on the south side of Princeton Avenue, just east of the SR-118
freeway overpass. This fueling station would replace the existing Pacific Pride fueling
station on High Street, currently owned by the J.E. Clark II Corporation, to allow for
future redevelopment. A Disposition and Development Agreement between the J.E.
Clark II Corporation and the MRA is also required in association with this project and will
be submitted for consideration by the MRA on a future agenda.
On August 25, 2009, the Planning Commission adopted Resolution PC-2009-547 by a
4-0 vote, with Commissioner DiCecco absent, recommending approval of the project to
the City Council. In their motion to recommend approval of this project, the Planning
Commission asked that their specific comments.with respect to the permitting process,
potential flooding, and underground tanks be conveyed to the City Council. The June
23, 2009 and August 25, 2009 Planning Commission agenda reports and minutes are
attached.
CC ATTACHMENT 1 10
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Honorable City Council
October 7, 2009
Page 2
DISCUSSION
At the Planning Commission meetings of June 23, 2009 and August 25, 2009, concerns
were raised by the public regarding land use and safety. Ms. Tina Romero spoke in
opposition to the project, reiterating concerns over pollution, noise, lighting, and traffic
accidents that she had previously expressed in correspondence previously sent directly
to staff (attached). Mr. Pete Lopez expressed his concerns over safety, future street
improvements and flooding and presented . a petition opposing construction of a
commercial fueling facility (attached).
Staff has researched Ventura County records and has found that this property was part
of the original Colonia Virginia subdivision in 1928. Houses were first constructed in this
subdivision in the 1930's. County zoning maps from the 1960's and 1970's show that it
was zoned for residential use during this time. First evidence of its designation for
industrial use was in "The Moorpark Plan," a component of the Ventura County Land
Use Element of the General Plan, adopted by the County in 1979. Staff was unable to
determine whether or not the County re-zoned the property for industrial use to be
consistent with the general plan prior to Moorpark's incorporation in 1983. The
Moorpark Plan. was adopted as the City's first Land. Use Element shortly after
incorporation, along with the County's zoning for Moorpark. The property has been
designated in the Land Use Element for industrial uses since 1979. Moorpark's first
City zoning map, adopted in 1988, showed this property as being zoned M-2 (Limited )
Industrial). The zoning of this property has not changed since that time_
As discussed in the August 25, 2009 Planning Commission agenda report, the purpose
of the M-2 Limited Industrial zone is to provide suitable areas for the development of a
broad range of industrial and quasi-industrial activities of a light manufacturing,
processing or fabrication nature, while providing appropriate safeguards for adjoining
industrial sites, nearby non-industrial properties, and the surrounding community.
Service stations are allowed in the M-2 zone with a Conditional Use.Permit (CUP). The
CUP allows for the addition of conditions to a use to ensure that it is consistent with the
general plan goals and policies and zoning regulations. The M-2 zone permits by right
automobile parts and supplies, offices, and a wide variety of .manufacturing and
assembly uses. Uses requiring a Community Development Director approved
Administrative Permit include light automobile repair, automobile or equipment rental,
nurseries, restaurants, financial institutions, laboratories, veterinary offices,
warehousing, and welding. Uses requiring a CUP in the-M-2 zone include car washes,
engine rebuilding, transmission repair, steam cleaning, automobile body repair and
painting, automobile sales, building supply stores, kennels and catteries, recreational
vehicle storage, cement, concrete and plaster product fabrication, distribution and
transportation facilities, heavy machinery repair, and self storage warehouses.
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Honorable City Council
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Page 3
The Planning Commission has recommended a number of conditions of approval to
ensure compatibility with the adjacent residential neighborhood. These conditions
include reducing on-site lighting, adding landscaping, and improving Princeton Avenue
all the way to Nogales Avenue.
The applicant has expressed concern to staff regarding the timing of removal of the
Giant Reed (Arundo Donax) and any other invasive plant species within the property
boundaries. The condition, as originally proposed, required the removal of the invasive
plants prior to any required dedication. There is a great deal of uncertainty in the timing
of obtaining State and Federal permits for work in the Arroyo. Additionally, the City was
recently informed that the Ventura County Resource Conservation District (VCRCD) is
preparing a program called the Calleguas Creek Watershed Arundo/Tamarisk Removal
Program (CCARP). This program is meant to guide stakeholders in implementing non-
native invasive plant removal projects, with an emphasis on.Arundo and Tamarisk. If
this program is adopted, the applicant can apply to use this programmatic permit when it
becomes available. Alternatively, the applicant can participate jointly with other
Arundo/Tamarisk removal projects, or propose a different process. In light of this new
information, staff recommends amending condition of approval No. 24 to read as
follows:
"Prior to final inspection, the applicant must submit a plan to the satisfaction of the
Planning Director for removal of all Giant Reed (Arundo Donax) and any other non-
native invasive plant species within the property boundaries. Said plan must include
mechanisms.for funding, timing, and permitting of said removal, which must occur no
later than two years of obtaining necessary permits. Transfer of the floodway portion of
the property to Ventura Watershed Protection District would satisfy this condition for that
portion of the property."
FISCAL IMPACT
The action to be considered by the City Council is the approval of the Industrial Planned
Development and Conditional Use Permit, which is not a commitment of funds. The
property was purchased by the Moorpark Redevelopment Agency in 2007. A
Disposition and Development Agreement (DDA) with the MRA will be required for this
project. Details on the fiscal impacts of the project will be addressed in the future in the
DDA report.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. 2009- , approving Conditional Use Permit 2008-05 and
Industrial Planned Development 2008-01.
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Page 4
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Letter from Ms. Tina Romero
4. Petition to Oppose Construction of Commercial Fueling Facility
5. Project Exhibits: (Large Exhibits Under Separate Cover)
6. Planning Commission Agenda Report from June 23, 2009
7. Planning Commission Minutes from June 23, 2009 (Excerpt)
8. Planning Commission Agenda Report from August 25, 2009
9. Planning Commission Minutes from August 25, 2009 (Excerpt)
10. Draft Resolution No. 2009- , with Conditions of Approval
11. Resolution 2009-2799, Standard Conditions of Approval
1
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RECEIVED
July 31, 2009
AUG ° 5 2009
Community Development Department CITY OF MOORPARK
c/o Joseph Fiss
City of Moorpark
799 Moorpark Avenue
Moorpark,CA 93021
RE: OPPOSITION TO PROPOSED COMMERICAL FUELING FACILITY
Dear Mr.Fiss:
Recently,I spoke to you regarding my deep concern and dismay of the proposed commercial fueling
facility under consideration on the South side of Princeton Avenue,East of SR 23 connector to 118
Freeway. This letter is to reaffirm my opposition of such mentioned proposal.
There are several factors to justify why this applicant should be denied the construction of this facility.
• Traffic congestion
• Excessive noise from truck traveling to and from the facility 24/7
• Decreased value of property
• Increased accidents
• Pollution endangerment to the small community
• . Danger to pedestrians
The citizens of our small community are proud of their heritage. Many families settled in the"Colonia"
when-Moorpark was a nothing but a dirt road. My grandfather,Jose Rodriguez, sold (politely requested)
his property to the State for mere dollars for the construction of the massive freeway that hovers over
our property--day and night we hear the ongoing traffic. And the view, needless to say, is not an
attractive sight! We also endure the noise from the Warehouse facilities on the other side of our
property due to warehouse deliveries and rubbish pick-up. And now you want to initiate yet another
undesirable"attraction"!
Although,we are the"stepchildren"of the City and have been subject to unfavorable delegations in the
past,i.e. High School which is"hidden"at the out skirts of our small community next to the so called
Community Park,we strive to improve our homes and community. This proposal does not enhance a
desirable living community. It only reinforces the continued lack of inconsideration placed upon us.
My hope is that you will consider other locations and leave our community at peace with some dignity.
Sincerely, '
Tina Romero
713 Nogales Avenue
Moorpark,(Virginia Colony),CA 93021
copy:City Council Members
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PROJECT EXHIBITS
LARGE EXHIBITS UNDER SEPARATE COVER
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
23
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director l
Prepared by Joseph Fiss, Principal Inner
DATE: June 15, 2009 (PC Meeting of 6/23/09)
SUBJECT: Consider Conditional Use Permit No. 2008-05 and Industrial Planned
Development No. 2008-01, a Request to Construct a New Commercial
Fueling Facility Consisting of One (1) Building and Two(2)Canopies on
the South Side of Princeton Avenue, East of SR.118 Freeway Overpass
on the Application of Todd Manner (Fiedler Group) for the Moorpark
Redevelopment Agency
BACKGROUND
On August 8, 2008, Todd Manner (Fiedler Group) for the Moorpark Redevelopment
Agency submitted an application for Conditional Use Permit No. 2008-05 and Industrial
Planned Development No. 2008-01, a request to construct.a new commercial fueling
facility consisting of one (1) building and two (2) canopies.on the south side of Princeton
Avenue,just east of the SR-118 freeway overpass. The Planning Director has determined
that the mass•of the canopies proposed at 2,410 square feet along with the proposed
building exceed the 2,500 square foot limitation and require a planned development permit
instead of an Administrative Permit. This fueling station would replace the existing Pacific
Pride fueling station on High Street to allow for future redevelopment of the site.
DISCUSSION
Project Setting
Existing Site Conditions: '
The entire site is 98,224 square feet in area. Approximately 34,800 square feet of the site
is Within the Arroyo Simi floodway, and is not buildable. The Arroyo Simi floodway is
managed by the Ventura County Watershed Protection District, however, no easement
currently exists on the site for flood control purposes. Site design issues related to flood
control are discussed in the analysis section below.
The irregular shaped site is otherwise relatively flat and is slightly below the grade of
Princeton Avenue.
24
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Honorable Planning Commission
June 23, 2009
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Previous Applications:
No applications have been filed for this site.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site 1-2 M-2 Unimproved
Medium Industrial _ Limited Industrial
North RH RE-1 Ac Unimproved
Rural High Residential e
Rural Exclusive)
_ _
South Floodway M-2 Unimproved
Limited Industrial)
East M R-1-6 Single Family
Medium Density Residential Sin le Family Residential Dwelling
Freeway Bridge
West Freeway.Right-of-Way Freeway Connection
Right-of-Way (Unimproved
under Bridge)
General Plan and Zoning Consistency:
A commercial fueling facility is consistent with the 1-2 (Medium Industrial) General Plan
land use designation and is a conditionally permitted use in the M-2 (Limited Industrial)
zoning designation of the site.
Project Summary
The proposed commercial fueling facility consists of a small office building, one canopy
with four (4) gas pumps, one canopy with five (5) gas pumps, a trash enclosure, an
equipment enclosure, a generator enclosure, and two (2) underground storage tanks.
Proposed Project
Architecture/Building Design:
The proposed building and canopies are of a contemporary style, and are proposed to be
constructed of conventional on-site construction. The main building is proposed to be
finished with exterior stucco and includes a clay tile roof. The canopies and accessory
structures will also be roofed with clay tile. The structures are designed-'to be
architecturally compatible with the adjacent residential uses to the east. The proposed
colors are generally neutral earth tones.
The roof height for the proposed office building is thirteen (13) feet, six (6) inches. This
height is consistent with the height and scale of nearby homes. The proposed canopies
are 19 feet in height. This height allows for the clearance of large trucks under the
canopies. The height of these structures is below the maximum allowable height of forty
(40) feet allowed in the M-2 Zone.
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Setbacks:
The building and canopies comply with the required front setback of thirty(30)feet. Interior
setbacks for commercial buildings adjacent to residential properties are set by the
Industrial Planned Development permit. In this case,the applicant is proposing a seven (7)
foot setback from the small office building. This proposed setback is appropriate due to
the mass of the building, and additionally, the building will provide a buffer between the
residence and the gas pumps/canopies.
Circulation:
Access to and from the site is provided from Princeton Avenue, with one entrance-only
driveway and one exit-only driveway. On site circulation has been designed to
accommodate the turning radius of large commercial vehicles.
Parkin
Proposed Use Spaces Spaces
(Building) S Ft. Required Provided
1 Office Building (400 s.f.) 1 1
2 Cano one pump island) 1. 1
3 Canopy three pump islands) 3 3
Total 5 5
As depicted on the above table, the available parking provided meets ordinance
requirements of one space per pump island plus 1 space per 300 sq. ft. of office. If
necessary, there is sufficient area to accommodate additional parking spaces without
redesigning the site. Prior to issuance of a building permit, Building and Safety will review
the construction drawings for compliance with Americans with Disabilities Act (ADA)
requirements for parking and access.
Landscaping:
This project proposes on-site parkway landscaping along Princeton Avenue and internal
-parking lot and boundary landscaping. The applicant has shown conceptual plant types in
appropriate areas. Plants that are on the City's invasive plant list will not be approved for
this site, given its proximity to the Arroyo Simi. There are several areas on site that are
proposed to be paved, but serve no functional purpose to the service station. These areas,
generally in the southwest and southeast corners of the site should instead be landscaped
with low-maintenance plantings and trees. This would provide for additional pervious area
on the site, improving drainage and reducing site discharge. This is further discussed in
the analysis section below.
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Page 4
A Mature Tree Report has been prepared for the project. The overall site contains eight(8)
trees, two (2) of which are within the development area, and one (1) of which is not large
enough to be designated as a mature tree. The two trees within the development area
include a Eucalyptus tree and a California Pepper tree. The valuation of these trees is
$7,720.00. The Municipal Code requires that, where trees are proposed for removal that
are associated with a proposal for urban development, an appraisal of the value of said
trees is to be prepared and the resulting value shall be applied to upgrading the size of tree
plantings associated with the project.
A condition of approval has been added to this effect.
Site Improvements and National Pollution Discharge Elimination Standards Requirements
NPDES :
The City Engineer has conditioned the project to provide for all necessary on-site and off-
site storm drain improvements including the imposition of National Pollution Discharge
Elimination System (NPDES) requirements. "Passive" Best Management Practices
Drainage Facilities are required to be provided so that surface flows are intercepted and
treated on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions.
The applicant has proposed an underground retention basin. The City has typically
discouraged this type of system on new development projects due to long-term
maintenance concerns. This is discussed further in the analysis section below. .
Air Quality:
According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed
project will produce less than the allowable 25 pound threshold.of NOX, providing a
conclusion .that there will be an impact on regional air quality. As is required with all
commercialrndustrial projects, staff incorporates a standard condition requiring a
contribution to the Moorpark Traffic Systems Management Fund to off-set air pollutants,
consistent with the 2000 Ventura County Air Quality Assessment Guidelines.
ANALYSIS
Issues
• Staff analysis of the proposed project has identified the following issue for Planning
Commission consideration in their recommendation to the City Council:
• Floodway,.Drainage and Landscaping
The floodway,drainage, and landscaping issues related to this project are interconnected.
As mentioned above,the southern portion of the site is within the Arroyo Simi floodway. To
ensure continuity of maintenance of this floodway, an irrevocable offer of dedication to the
Ventura County Watershed Protection District (VCW PD) in a form to the satisfaction of the
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City is recommended. The dedication substantially aff ects the shape and size of the area
available for development. The remaining developable area of the site is not currently
within the 100-year floodplain. Due to the adjacency to the Arroyo Simi, drainage from the
site is of concern. The applicant has proposed an underground retention system topped
with asphaltic paving. This type of solution is typically used in very large paved areas such
as mall parking lots, and in urban infill environments, where there are few options for
passive surface solutions. In this case,there are several areas on site that are proposed to
be paved, but serve no functional purpose to the service station. These areas, generally in
the southwest and southeast corners of the site, can be redesigned to provide passive
water retention for water quality,with landscaping consisting of low-maintenance plantings
and trees. This would provide for additional pervious area on the site, improving drainage
while clarifying and reducing site discharge. Conditions of approval have been added to
the project redesign the drainage and landscaping on site.
Findings
Planned Development Findings:
1. The site design, including structure location, size,height,setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the provisions of
the general plan,any applicable specific plans, zoning ordinance,and any other applicable
regulations in that all applicable standards of these regulations would be met by the
proposed development and the design of the buildings;
2. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the proposed uses are
compatible with surrounding land uses and the circulation system provides for logical
connections with Princeton Avenue; and
3. The proposed use is compatible with existing and permitted uses in the
surrounding area in that the zoning anticipates this type of development and it is consistent
with criteria specified in applicable City Codes.
Conditional Use Permit Findings:
1. The proposed use is consistent_with the provisions of the general plan,
zoning ordinance, and any other applicable regulations in that it furthers Goal 10 of the
Land Use Element of the General Plan as follows: "Goal 10: Provide for a variety of
industrial uses which are located and designed in a compatible manner with surrounding
land uses'
2. The proposed use is compatible with both existing and permitted land uses in
the surrounding area in that the property is properly zoned and the buildings have been
'designed to minimize any new impacts on the surrounding area ;
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3. The proposed use is compatible with the scale, visual character,and design
of surrounding properties in that the colors, material and massing of the buildings have
been designed to be compatible with the surrounding residential character;
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that the canopies and building have been sited to mitigate
impacts on the residential uses to the east; and
5. The proposed use would not be detrimental to the public health, safety,.
convenience, or welfare in that the canopies and building have been sited to mitigate
impacts on the residential uses to the east, the Arroyo Simi, and Princeton Avenue.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
.of these regulations, the following timelines have been established for action on this
project:
Date Application Determined Complete: May 29, 2009
Planning Commission Action Deadline: June 29, 2009
City Council Action Deadline: August 26, 2009
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Planning Director determines the level of review necessary for a project to comply with the
California Environmental Quality Act (CEQA). Some projects may be exempt from review
based upon a specific category listed in CLQA. Other projects may be exempt under a
general rule that environmental review is not necessary where it can be determined that
there would be no possibility of significant effect upon the environment. A project which
does not qualify for an exemption requires the preparation of an Initial Study to assess the
level of potential environmental impacts.
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Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
•Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
• Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15332 (Class 32— Infill Development) of the California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No.PC-2009- recommending to the City Council conditional
approval of Conditional Use Permit 2008-05 and Industrial Planned Development
2008-01.
ATTACHMENTS:
1. Location Map
.2.- Aerial Photograph
3. Project Exhibits: Under Separate Cover
4. Draft PC Resolution with Conditions of Approval
1\mor_pri_serv\departmen1 share\Community Development\DEV PMTS\C U P\2008\2008-05 Feldier Group\PC Agend 30
Minutes of the Planning Commission
Moorpark, California Page 5 June 23 2009
i
At the request of Chair Hamous, Mr. Geoffrion and Mr. Tapking,
applicants, clarified standards and qualifications for applicants. A
discussion followed regarding the grade of the driveway up to Charles
Street, parking spaces, the finish grade to the sidewalk from the garage
parking and how residents are screened. Mr. Geoffrion stated Moorpark
residents would be given the first right to apply and would be screened
first on a tiered-basis. This project would also have an on-site manger
residing on the premises and would inspect the units on an annual basis
or following any concerns from residents.
In response to Chair Hamous, Mr. Bobardt discussed the property being
zoned for multi-family high-density, and if the City is in the process of
providing additional parking for the Downtown Specific Plan area.
Chair Hamous closed the Public Hearing.
Commissioner Di Cecco made some design and site planning suggestions
to the applicant, but made those suggestions optional instead of
recommending them as conditions of approval. Commissioner Di Cecco
suggested relocating the building northerly on the site, to create additional
useable rear yard area,.-relocating the trash enclosure to the west, and
including an additional shade structure within the front courtyard.
Vice Chair Landis requested it be noted in the record that the applicant
said that they were also concerned about parking.
MOTION: Chair Hamous moved and Commissioner Di Cecco seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC-2009-546. The motion ' carried by voice vote 3-0, Vice Chair Landis
dissenting and Commissioner Bagwell absent.
The City Council has final approval authority for this project.
D. Consider Conditional Use Permit 2008-05 and Industrial Planned
Development 2008-01, a Request to Construct a New Commercial Fueling
Facility Consisting of One. (1) Building and Two (2) Canopies on the South
Side of Princeton Avenue, :East of SR 118 Freeway Overpass on the
Application of Todd Manner (Fiedler Group) for the Moorpark
Redevelopment Agency. Staff Recommendation: 1) Open the public
hearing, accept public.testimony and close the public hearing; 2) Adopt
Resolution No. PC-2009- recommending to the City Council
conditional approval of Conditional Use Permit 2008-05 and Industrial
Planned Development 2008-01.
Mr. Fiss presented the staff report.
31
Minutes of the Planning Commission
Moorpark, California Page 6 June 23 2009
Questions from the Commissioners followed regarding if the office
building, canopy and columns are split-face block, and if the islands have
an accidental fuel spill shut-off, and discussion regarding the proposed
eight foot high block wall.
Chair Hamous opened the Public Hearing.
Todd Manner, applicant, Fiedler Group, discussed changing the allowable
hours of operation from 6:00 a.m. — 10:00 p.m. to a broadening of 24
hours. One of the terms of J.E. Clark II Corporation has with Pacific Pride
is to remain open 24 hours a day. He also stated he was available to
answer any questions regarding the project.
A discussion followed among Commissioners and the applicant regarding
how many trucks and traffic the facility would generate. Ned Clark,
applicant, Vice President, J.E. Clark 11 Corporation discussed how the
existing facility operates, lighting at the proposed facility and canopy,
volume and parking of vehicles, reducing the amount of hardscape, the
need to revisit turning radius and adjust the site plan, and the requirement
as a franchise of Pacific Pride to remain open 24 hours.
Discussion among the Commission and staff resulted in requesting that
this item be continued to August 25 and direction for staff to work with the
applicant to modify the lighting and hours of operation. The applicant
stated they would be open to August 25 and willing to waive_time. limits
under the Permit Streamlining Act.
In response to Chair Hamous, Mr. Bobardt stated correspondence was
received from Mr. Robert Lopez in opposition of the project. Mr. Bobardt
.did not summarize the letter, as it was previously distributed to the
Planning Commission.
MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a
motion to continue the agenda item with Public Hearing open to the August 25,
2009 regular Planning Commission meeting. The motion carried by voice vote 4-
0, Commissioner Bagwell absent.
The City Council has final approval authority for this project.
9. DISCUSSION ITEMS:
A. Consider Scheduling of a Summer Meeting Recess to Coordinate with
City Council Recess. Staff Recommendation: Direct staff to post a notice
of meeting cancellation for the July 28, 2009 regular meeting.
Mr. Bobardt gave the staff report.
32
• MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director .
Prepared by Joseph Fiss, Principal Planner
DATE: August 17, 2009 (PC Meeting of 8/25/09, Continued from 6/23/09)
SUBJECT: Consider Conditional Use Permit No. 2008-05 and Industrial Planned
Development.No.2008-01, a Request to Construct a New Commercial
Fueling Facility Consisting of One (1) Building and Two (2) Canopies on
the South Side of Princeton Avenue, East of SR-118 Freeway Overpass
on the Application of Todd Manner (Fiedler Group)' for the Moorpark
Redevelopment Agency
BACKGROUND/DISCUSSION
On August 8, 2008, Todd Manner .(Fiedler Group) for the Moorpark Redevelopment
Agency submitted an application for Conditional Use Permit No. 2008-05 and Industrial
Planned Development No. 2008-01, a request to construct a new commercial fueling
facility consisting of one (1) building and two (2) canopies on the south side of Princeton
Avenue, just east of the SR-118 freeway overpass.
The Planning Commission opened the public hearing and took testimony for this case on
June 23, 2009. There were several speakers, mostly local neighbors, who expressed
concerns about the use itself as well as potential operational, lighting, and traffic impacts
the project may have on the adjacent residential neighborhood. The Planning Commission
continued the agenda item to its August 25 meeting, with the public hearing open, and
directed staff to work with the applicant to investigate solutions to the issues raised at the
public hearing. The issues raised at the hearing and proposed solutions are addressed
below.
i 33
Honorable Planning Commission
August 25, 2009
Page 2
Use:
This site is zoned M-2 for industrial uses. The purpose of the M-2 Limited Industrial zone is
to provide suitable areas for the development of a broad range of industrial and quasi-
industrial activities of a light manufacturing, processing or fabrication nature, while
providing appropriate safeguards for adjoining industrial sites, nearby non-industrial
properties, and the surrounding community. Service stations are allowed in the M-2 zone
with a Conditional Use Permit (CUP). The CUP allows for the addition of conditions to a
use to ensure that it is consistent with the general plan goals and policies and zoning
regulations. The M-2 zone permits by right automobile parts and supplies, offices, and a
wide variety of manufacturing and assembly uses. Uses requiring a Community
Development Director approved Administrative Permit include light automobile repair,
automobile or equipment rental, nurseries, restaurants,financial institutions, laboratories,
veterinary offices, warehousing, and welding. Uses requiring a CUP in the M-2 zone
include car washes, engine rebuilding, transmission repair, steam cleaning, automobile
body repair and painting, automobile sales, building supply stores, kennels and catteries,
recreational vehicle storage, cement, concrete and plaster product fabrication,distribution
and transportation facilities, heavy machinery repair, and self storage warehouses. The
proposed service station as conditioned is an appropriate use of the site. The conditions
originally proposed, along with additional conditions discussed below, would ensure its
consistency with the general plan and zoning.
Operational Impacts:
Two issues were raised with respect to the facility operation:size of the facility and hours of
operation.
Size -As proposed, the commercial fueling facility consists of a small office building, a
canopy with 4 gas pumps, a canopy with 5 gas pumps, a trash enclosure, an equipment
enclosure, a generator enclosure, and 2 underground storage tanks. This station is
intended to replace an existing station with 6 pumps on High Street to help facilitate
redevelopment of the site. A condition has been added to the recommended conditions
that would limit this permit to the same number of pumps and hoses being replaced, and
that the station remain a private commercial fueling station, not open to the general public.
Hours of Operation — Initially, staff recommended restricted hours of operation from 6:00
a.m. to 10:00 p.m. on Monday through Saturday, and from 7:00 a.m. to 7:00 p.m. on
Sunday. At the public hearing, the applicant indicated that their franchise agreement with
Pacific Pride requires that the station be opened twenty-four hours. Staff has confirmed
this with the Pacific Pride Corporation. Information provided below in the traffic/circulation
discussion demonstrates relatively low evening and nighttime use. With the condition that
the facility remain a private commercial fueling station, and conditions for landscape
buffers, walls and lighting, the station could operate 24 hours a day without being a
neighborhood nuisance.
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Honorable Planning Commission
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Page 3
Lighting:
The-applicant's original lighting plan did not comply with the Zoning Ordinance standards
for lighting. This issue is usually addressed in the condition compliance review of a project.
Because of the proposed 24-hour operation, staff directed the applicant to revise the
lighting plan to comply with the City's lighting ordinance, with sensitivity to the adjacent
residential neighborhood. The applicant has presented a plan that reduces lighting.levels,
incorporates lower height bollards and light poles, and incorporates a lighting system that
uses dual.level controls on the canopy lights, such that, when a vehicle is not present, low
level lighting is on, and when a vehicle drives up, the lighting level brightens for save
fueling operation. This dual-level lighting has been added as a recommended condition of
approval.
Traffic/Circulation:
The applicant has estimated their current average daily traffic to be approximately 75
vehicles per day. This number is lower than a long-term average, due to the current
economic slowdown. Under more favorable economic conditions, the applicant expects
average daily traffic of 225 vehicles per day. The table below, provided by the applicant,
shows the breakdown of vehicle types using the existing fueling station,and the time of day
that they are using it.
Time Frame Quantity&Vehicle-
Total Vehicles Pctg.Total Ideal Traffic Vehicles per
Class Day hour
12am—6 am 10 trucks class A vehicles 10 13% 30 5
Gam—12pm 15 trucks (class A 25 33% 75 12.5
and B)
10 class C
.cars/pickups
12pm—6pm 15 trucks (class A 30 40% 90 15
and B)
15 class C
cars/ icku s
6pm—12am 5 trucks (Class A) 10 13% 30 3
5 class C
cars/pickups
75/day225/da
On November 1, 2006, the City Council adopted Resolution No. 2006-2534, establishing
and revising truck routes throughout the City. Princeton Avenue is not.a designated truck
route, and therefore trucks are currently prohibited on Princeton Avenue, except for
deliveries. The City has consistently interpreted "fueling" as falling within the definition of
deliveries.
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Honorable Planning Commission
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Page 4 =
In order to mitigate traffic and circulation impacts, staff has added a condition of approval
restricting vehicles to enter the site from the westernmost driveway, and to exit the site
from the easternmost driveway. This will reduce circulation conflicts in the area.
Additionally, street improvements will be constructed as part of the project to include
improvements to the southwest and southeast corners of Nogales Avenue and Princeton
Avenue.
STAFF RECOMMENDATION
1. Continue accepting public testimony and close the public hearing.
2. Adopt Resolution No. PC-2009- recommending to the City.Council conditional
approval of Conditional Use Permit 2008-05 and Industrial Planned Development
2008-01.
ATTACHMENTS:
1. June 23, 2009 Planning Commission Agenda Report
2. Draft PC Resolution with Conditions of Approval
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Moorpark, California Page 3 August 25 2009
MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a
motion to continue the agenda item with Public Hearing open to a date uncertain,
with direction to staff to readvertise when the item is ready to be brought back to
the Planning Commission. The motion carried by voice vote 4-0, Commissioner
Di Cecco absent.
B. Consider Conditional Use Permit 2008-05 and Industrial Planned
Development 2008-01, a Request to Construct a New Commercial Fueling
Facility Consisting of One (1) Building and Two (2) Canopies on the South
Side of Princeton Avenue, East of SR 118 Freeway Overpass on the
Application of Todd Manner (Fiedler Groups for the Moorpark
Redevelopment Agency. (Continued from June 23, 2009 Regular
Meeting) Staff Recommendation: 1) Continue accepting public testimony
and close the public hearing; 2) Adopt Resolution PC-2009-547
recommending to the City Council conditional approval of Conditional Use
Permit 2008-05 and Industrial Planned Development 2008-01.
Mr..Fiss presented the staff report.
Questions from the Commission followed; how many homes are adjacent
to the property area, whether this item renoticed, relocation of the existing
JE Clark Pacific Pride from High Street to the site, if there have been any
complaints with the current operation, landscaping and buffer zone
between the site and Arroyo, and the requirement as a franchise of Pacific
Pride to remain open 24 hours, traffic during the night and lighting at the
site.
Chair Hamous opened the Public Hearing.
David Moe, applicant representative, Redevelopment Manager, Moorpark
Redvelopment Agency, stated he was available to answer any questions
from the Planning Commission.
A discussion followed among Commissioners and Mr. Moe regarding the
current operation of the business and relocation of moving the business,
and if there are any issues or concerns from the neighbors with the current
business operation. Mr. Moe stated- that the applicant, James Clark,
would be able to address these items.
James Clark, President, J.E. Clark Il Corporation, discussed the operation
of the card lock business which is mostly off-road and on-road diesel use.
A discussion followed among the Commission and Mr. Clark regarding
how the business is run, if the business has received any complaints,
and if the use being proposed is the same use as the current site on High
Street, including the same number of tanks and pumps.
37
Minutes of the Planning Commission
Moorpark, California Page 4 August 25, 2009
Todd Manner, applicant, Fiedler Group, stated he has modified the site
plan to accommodate the comments and issues from the June 23
Planning Commission meeting regarding lighting and landscaping.
A discussion followed among the Commission and Mr. Manner about the
direction of the lighting and wall fixtures.
Tina Arredondo, land owner in Virginia Colony, was opposed to the project
and expressed her concerns about pollution, noise, lighting, traffic,
accidents that may occur, and property values in Virginia Colony.
A discussion followed among Commissioners and Ms. Arredondo about
her main concerns regarding the project. Ms. Arredondo stated her main
concerns are the noise, traffic and the future of the children. Ms.
Arredondo also asked for clarification why an environmental study was not
done.
Pete Lopez, City resident, was opposed to the project and expressed his
concerns regarding safety, the improvements on Princeton Avenue in front
of his residence, and that the homes will lose their quality of life. Mr.
Lopez also expressed his concerns about the project being located next to
a river bed and the flooding that occurred in Virginia Colony in the 1970's.
1
Chair Hamous closed the Public Hearing.
A discussion followed among Commissioners and staff regarding if the
Watershed Protection District has been approached on this project, what
are the conditions that a fueling facility has to accommodate for the 100-
year flood or flood plain, who does the applicant get approval from for
underground tanks, discussion regarding the EIR process, if this project
qualifies for exemption per the California Environmental Act, and when the
property was zoned for industrial use.
In response to the Commission, Mr. Jim Clark, applicant, J. E. Clark ll,
discussed the percentage of the trucks that are currently using Princeton
Avenue as their ingress, the percentage of traffic that will be generated,
and the percentage of large trucks that would travel on Princeton Avenue
as opposed to regular car and truck traffic using the gas station.
MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC-2009-547 with direction to staff to provide the Honorable City Council with
specific comments. The motion carried by voice vote 4-0, Commissioner Di
Cecco absent.
The City Council has final approval authority for this project.
38
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2008-05 AND INDUSTRIAL PLANNED
DEVELOPMENT NO. 2008-01, A REQUEST TO CONSTRUCT A
NEW COMMERCIAL FUELING FACILITY CONSISTING OF ONE
(1) BUILDING AND TWO (2) CANOPIES, ON THE SOUTH SIDE
OF PRINCETON . AVENUE, JUST EAST OF THE SR-118
FREEWAY OVERPASS_ , ON THE APPLICATION OF TODD
MANNER (FIEDLER GROUP) FOR THE MOORPARK
REDEVELOPMENT AGENCY
WHEREAS, on August 25, 2009, the Planning Commission adopted Resolution
No. PC-2009-547, recommending conditional approval of Conditional Use Permit No.
2008-05 and Industrial Planned Development No. 2008-01 on the application of Todd
Manner (Fiedler Group) for the Moorpark Redevelopment Agency to construct a new
commercial fueling facility consisting of one (1) building and two (2) canopies on the
south side of Princeton Avenue, just east of the SR-118 overpass; and
WHEREAS, at a duly noticed public hearing held on October 7, 2009, the City
Council considered the agenda report and any supplements thereto and any written
public comments; opened the public hearing, took and considered public testimony both
for and against the proposal, closed the public hearing, and reached a decision on this
matter, and
WHEREAS, the City Council concurs with the Planning Director's determination
that this project is Categorically Exempt from the provisions of CEQA pursuant to
Section 15332 as a Class 32 exemption for in-fill development projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the City Council makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.030:
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the general plan, any applicable specific plans, zoning ordinance,
and any other applicable regulations in that all applicable standards of these
regulations would be met by the proposed development and the design of the
buildings;
39
PRINCETON AVENUE IMPROVEMENT
SECTION DRAWING
Section 7
PRINCETON AVENUE ROADWAY IMPROVEMENTS
City of Moorpark
I '
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P R I N C E T O N AVENUE PROPOSED CROSS-SECTION
L O O K I N G E A S T
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CC ATTACHMENT 2
40
Alternative Site Location •
CC ATTACHMENT 3
Legend
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RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2008-05 AND INDUSTRIAL PLANNED
DEVELOPMENT NO. 2008-01, A REQUEST TO CONSTRUCT A
NEW COMMERCIAL FUELING FACILITY CONSISTING OF ONE
(1) BUILDING AND TWO (2) CANOPIES, ON THE SOUTH SIDE
OF PRINCETON AVENUE, JUST EAST OF THE SR-118
FREEWAY OVERPASS, ON THE APPLICATION OF TODD
MANNER (FIEDLER GROUP) FOR THE MOORPARK
REDEVELOPMENT AGENCY
WHEREAS, on August 25, 2009, the Planning Commission adopted Resolution
No. PC-2009-547, recommending conditional approval of Conditional Use Permit No.
2008-05 and Industrial Planned Development No. 2008-01 on the application of Todd
Manner (Fiedler Group) for the Moorpark Redevelopment Agency to construct a new
commercial fueling facility consisting of one (1) building and two (2) canopies on the
south side of Princeton Avenue, just east of the SR-118 overpass; and
WHEREAS, at a duly noticed public hearing held on October 7, 2009, the City
Council considered the agenda report and any supplements thereto and any written
public comments; opened the public hearing, took and considered public testimony both
for and against the proposal, and continued the public hearing,
WHEREAS, at a continued public hearing held on November 4, 2009, the City
Council closed the public hearing and reached a decision on this matter; and
WHEREAS, the City Council concurs with the Planning Director's determination
that this project is Categorically Exempt from the provisions of CEQA pursuant to
Section 15332 as a Class 32 exemption for in-fill development projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the City Council makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.030:
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the general plan, any applicable specific plans, zoning ordinance,
and any other applicable regulations in that all applicable standards of these
regulations would be met by the proposed development and the design of the
buildings;
CC ATTACHMENT 4
50
Resolution No. 2009-
Page 2
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the proposed uses
are compatible with surrounding land uses and the circulation system provides
for logical connections with Princeton Avenue; and
C. The proposed use is compatible with existing and permitted uses in the
surrounding area in that the zoning anticipates this type of development and it is
consistent with criteria specified in applicable City Codes.
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff reports, accompanying studies, and oral and written
public testimony, the City Council makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.040:
A. The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that it furthers Goal 10 of the
Land Use Element of the General Plan as follows: "Goal 10: Provide for a variety
of industrial uses which are located and designed in a compatible manner with
surrounding land uses";
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area in that the property is properly zoned and the buildings have
been designed to minimize any new impacts on the surrounding area;
C. The proposed use is compatible with the scale, visual character, and design of
surrounding properties in that the colors, material and massing of the buildings
have been designed to be compatible with the surrounding residential character;
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that the canopies and building have been sited to
mitigate impacts on the residential uses to the east; and
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that the canopies and building have been sited to
mitigate impacts on the residential uses to the east, the Arroyo Simi, and
Princeton Avenue.
\\mor_pri_sery\Department Share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\Resolutions\cc reso 091007.doc
51
Resolution No. 2009-
Page 3
SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves
Residential Planned Development Permit No. 2009-01, subject to Special and Standard
Conditions of Approval attached hereto and incorporated herein as Exhibit A.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 4th day of November, 2009.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A— Standard and Special Conditions of Approval
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52
Resolution No. 2009-
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT 2008-05 AND
INDUSTRIAL PLANNED DEVELOPMENT 2008-01
STANDARD CONDITIONS
The applicant shall comply with Standard Conditions of Approval for Planned
Development Permits and Conditional Use Permits as adopted by City Council
Resolution No. 2009-2799 (Exhibit A and B), except as modified by the following
Special Conditions of Approval. In the event of conflict between a Standard and Special
Condition of Approval, the Special Condition shall apply.
SPECIAL CONDITIONS
1. The permittee's acceptance of this permit and/or commencement of construction
and/or operations under this permit are deemed to be acceptance of all
conditions of this permit.
2. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit 2008-05 And
Industrial Planned Development 2008-01, except any modifications as may be
required to meet specific Building Code and Zoning Code standards or other
conditions stipulated herein.
3. All Princeton Avenue street improvements from the 118/23 overpass to Condor
Drive as part of City CIP Project 8012 must be completed prior to issuance of a
zoning clearance for occupancy, to the satisfaction of the City Engineer/Public
Works Director and Planning Director.
4. The applicant must provide color and material samples prior to issuance of a
Zoning Clearance. Final colors and materials shall be subject to approval of the
Planning Director.
5. Prior to occupancy, the applicant shall irrevocably offer to dedicate the street
frontage on Princeton Avenue in accordance with the City's ultimate right-of-way
improvements for that location to the satisfaction of the Planning Director, City
Engineer/Public Works Director, and City Attorney, and be reviewed and
accepted by the City Council.
6. Prior to the issuance of a zoning clearance for construction, the applicant shall
provide revised plans to the satisfaction of the Planning Director with the truck
fueling area shown not to extend any further east than the fueling area for
passenger vehicles and light trucks as shown on Plan C1.0 dated 9/23/2009, and
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53
Resolution No. 2009-
Page 5
with the landscaped area in the southeast portion of the site extended to reach at
least 150 feet from the eastern property line.
7. Prior to issuance of a Zoning Clearance for construction, the applicant must
provide additional landscaping and drainage areas in the southeast and
southwest corners of the site to the satisfaction of the Planning Director and City
Engineer/Public Works Director.
8. As part of the landscape and irrigation plan, the applicant must upgrade the size
of tree plantings associated with the project by a valuation equal to or greater
than $7,720.00. Such upgrading may be in a combination of increased tree sizes
and additional tree plantings and is subject to the review and approval of the
Planning Director
9. Prior to issuance of a Zoning Clearance for construction, the applicant must
irrevocably offer the southern portion of the site within the Arroyo Simi floodway
to the Ventura County Watershed Protection District (VCWPD) for flood control
purposes in a form to the satisfaction of the City Engineer/Public Works Director
and City Attorney.
10. On-site water detention area(s) may not be so deep, or the sides so steep, as to
require fencing, as determined by the Planning Director and City Engineer/Public
works Director, prior to issuance of a grading permit. Underground stormwater
detention is not permitted.
11. All signage must conform to the City's sign requirements and an approved sign
program. A monument sign may be constructed consistent with the sign
requirements and a sign program as approved by the Planning Director.
12. During construction, perimeter lighting must be installed at a minimum of 150 foot
intervals and at height not less than fifteen (15) feet from the ground. The light
source used must have a minimum light output of 2,000 lumens, be protected by
a vandal resistant cover, and be lighted during the hours of darkness.
Construction lighting is subject to review and approval of the Planning Director
and Chief of Police.
13. Prior to the commencement of construction, including grading, fencing not less
than six (6) feet in height, which is designed to preclude human intrusion, must
be installed along the perimeter boundaries of the construction site and shall be
secured with chain and Fire District padlocks for emergency vehicle access.
Alternatively, a uniformed security guard, licensed pursuant to Chapter 11 of the
Business and Professions Code of the State, shall be utilized to continually patrol
the construction site during the hours when construction work has ceased.
14. Any exterior maintenance, cleaning, sweeping, landscape work, and refilling of
fuel tanks may only be performed between 7:00 a.m. and 7:00 p.m. Monday
through Saturday.
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54
Resolution No. 2009-
Page 6
15. Final architectural and site plan design and detailing, including parking lot,
landscaping and lighting design is subject to review and approval of the Planning
Director.
16. The lighting plan must include a system that uses dual level controls on the
canopy lights to provide low level lighting when vehicles are not present, to the
satisfaction of the Planning Director.
17. Low-reflective glass must be used on all exterior walls of the building, with
specific glass materials and locations provided to the satisfaction of the Planning
Director.
18. The applicant shall prohibit truck parking or storage overnight in the parking lot
area. Limited truck parking, when in association with a permitted use, is allowed,
but in no case shall there be overnight parking.
19. Prior to the issuance of a Zoning Clearance, the applicant shall pay the project's
pro-rata share of the cost of intersection improvements at Spring Road and High
Street/Princeton Avenue and Spring Road and Los Angeles Avenue. The actual
contribution (pro-rata share shall be based upon the additional traffic added to
the intersection). The applicant's traffic engineer shall provide the City
Engineer/Public Works Director a "Fair Share Analysis" of the projects added
traffic for calculation of the pro-rata ("fair share") amount.
20. In conjunction with the preparation of precise grading and landscape plans, the
sight distance shall be reviewed and approved at project access points per City
standards.
21. The applicant shall install stop signs, stop bars, and stop legends at project
access points. Signage to limit the ingress of trucks to the westerly driveway and
the egress of trucks to the easterly driveway must also be provided.
22. If the use is abandoned in excess of one-hundred and eighty (180) days, the
property owner shall be responsible for the removal of the underground tanks
and removal of the pumps in accordance with local and state requirements.
23. No more than the same number of fuel pumps and fuel hoses that currently exist
at the High Street location are allowed under this permit.
24. The facility must remain a private commercial fueling station and must not be
open to the general public. Other uses on the site, such as a convenience store
and/or vehicle repair are not permitted under this approval.
25. Signage, striping, and improvements, subject to the review and approval of the
Planning Director and City Engineer/Public Works Director, must be provided to
restrict vehicle ingress to the westernmost driveway and vehicle egress to the
easternmost driveway.
26. Prior to final inspection, the applicant must submit a plan to the satisfaction of the
Planning Director for removal of all Giant Reed (Arundo Donax) and any other
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Resolution No. 2009-
Page 7
non-native invasive plant species within the property boundaries. Said plan must
include mechanisms for funding, timing, and permitting of said removal, which
must occur no later than two years of obtaining necessary permits. Transfer of
the floodway portion of the property to Ventura Watershed Protection District
would satisfy this condition for that portion of the property.
27. Prior to or concurrently with approval of a Zoning Clearance for construction the
applicant shall grant the City public access easements to the Arroyo Simi for
future trail and recreational purposes. The exact location of said easements will
be subject to the approval of the Planning Director and the City Engineer/Public
Works Director. Concurrent with the completion of the southerly block fence/wall
the applicant shall install a gate in the southern project boundary fence/wall for
access to the Arroyo by the public in the event that a trail or recreational facility is
installed along the Arroyo. The gate shall be locked until such time as a trail or
such facility is installed and access is granted.
28. A minimum eight (8) foot high decorative block wall must be erected on the
eastern boundary of the site. Prior to issuance of a zoning clearance for
construction, the applicant must cause an acoustic study to be prepared to
determine if a greater wall height is necessary to maintain acceptable noise
levels in the adjacent neighborhood in accordance with the Noise Element of the
General Plan and the Noise Ordinance.
- END -
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56
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Cvr iditiona,l Use Permit No,,
20Q8-Q5 and Industrial Planned
Development No. 2008-C}1
South Side of Princeton Avenue, East of
SR-118 Freeway Overpass on the
Application of Todd Manner (Fiedler
Group) for the Moorpark Redevelopment
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Ultimate ross Section
Sections 7
PRINCETON AVENUE ROADWAY IMPROVEMENTS
City of Moorpark
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CITY OF I CITY OF
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Wall Height I i �: � I MOORPARK
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R/W Shoulder Transition Lane Travel Lane Turn Lane Travel Lane Lance Sidewalk
7' 10' 9' 8' 12' 14' 12' 8' 6'
RW 88' RW
PRINCETON AVENUE P R O P O S E D C R O S S - S E C T I O N
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LOT 74
LOT 76
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