HomeMy WebLinkAboutAGENDA REPORT 2002 1106 CC REG ITEM 08BITEM ?• J3-
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FROM: Barry K. Hogan, Community Development Di recto
Prepared By: Scott Wolfe, Principal Planner Fl: `�7crc«Liv, --
DATE: October 22, 2002 (CC meeting of 11/6/02)
SUBJECT: Consider General Plan Amendment No. 2002 -04, Zone Change
No. 2002 -04, Major Modification No. 1 to Tentative Tract
Map No. 5307, and Minor Modification No. 1 to Residential
Planned Development No. 2001 -01, for a Change in Land Use
Designation from M (Medium Density Residential) to VH
(Very High Density Residential) , Zone Change from R -1
(Single Family Residential) to RPD 9.1 Dwelling
Units /Acre, the Addition of 3 -Lots to an Approved 22 -Lot
Single - Family Residential Subdivision, and the
Construction of 3- Single Family Detached Affordable Units,
Located at the Northwest Corner of Millard Avenue and Los
Angeles Avenue, on the Application of Colmer Development
Company and the City of Moorpark.
BACKGROUND
These projects comprise a change in the boundary of TTM No. 5307, to
include and subdivide an additional 0.33 acres to provide three
affordable housing units in support of the General Plan Housing
Element. This addition requires a Major Modification to the TTM and
a Minor Modification to the RPD Permit. The additional property
will also require a General Plan Amendment and a Zone Change.
Approval of the subject requests will enable the 0.33 acre site to
be incorporated into a compatible single family detached
neighborhood, which would be consistent with the goals and policies
of the Housing Element of the General Plan. The approval of these
projects and subsequent construction of the units will also
accomplish City Departmental Goal B -9 that has been established by
the City Council for Fiscal Year 2002/2003. Approval of a general
plan amendment for affordable housing does not count against the
limitation of four annual general plan amendments.
S: \Community Development \DEV PMTS \T T M \5307 \Staff Reports \cc 021106 stf rpt f.doc
C00 ®23
Honorable City Council
November 6, 2002
Page 2
On May 1, 2002, the City Council approved a request by Colmer
Development Company for TTM No. 5307, RPD Permit No. 2001 -01,
General Plan Amendment No. 2001 -01, Variance (VAR) No. 2002 -01, and
introduced Zone Change No. 2001 -01 for first reading. These
approvals included the subdivision of +2.44 acres into 22- single
family residential lots and the construction of 22- single family
units (including three affordable units) located on the northeast
corner of Los Angeles Avenue and Flory Avenue.
On May 7, 2002, Colmer Development Company submitted an application
for a Major Modification to the Tract and Minor Modification to the
RPD Permit to include an additional 0.33 acres located at the
northwest corner of Millard Avenue and Los Angeles Avenue, to the
east and directly adjacent to the approved project. The City
Council, on October 2, 2002, initiated General Plan Amendment No.
2002 -04 and Zone Change 2002 -04 for this 0.33 acre site.
On October 14, 2002, the Planning Commission held a public hearing
on the proposed addition to the Map, along with the required
accompanying projects. The Planning Commission has recommended
approval of the General Plan Amendment, Zone Change, Modification to
the Tentative Tract Map and Modification to the Residential Planned
Development, subject to conditions of approval, which are attached
to the draft resolution accompanying this report.
The proposed modifications, General Plan Amendment and Zone Change
will allow this property to be included within the tract, subdivided
to a size consistent with other lots in the tract, and developed
with a housing product similar to the other lots in the tract.
These additional lots will be required to be maintained as
"affordable" units.
DISCUSSION
General Plan Amendment
The current land use designation for the subject property is M
(Medium Density Residential). The M designation allows a maximum
density of 4 residential units per acre. The proposed General Plan
Amendment to VH (Very High Residential) would allow for a maximum
density of 15 units per acre, although the proposed density is just
over 9 units per acre.
The proposed change in Land Use designation would permit the
incorporation of the subject site into the development pattern of
Tract 5307. The subject site is disconnected from the development
S: \Community Development \DEV PMTS \T T M \5307 \Staff Reports \cc 021106 stf rpt f.doc
C 1913 . 1 Al
Honorable City Council
November 6, 2002
Page 3
pattern of the medium density neighborhoods to the north and east,
as they are oriented differently. This change of designation would
serve to better incorporate the property into the proposed
neighborhood to the west.
Perhaps the most significant justification for the amendment of the
Land Use designation is the furtherance of the goals of the Housing
Element, which identify a need for affordable housing. The Element
also identifies Tract No. 5307 as a potential site for affordable
units. The addition of this property to create three additional
affordable units also meets an established goal of the City Council.
Zone Change
A change of zone is necessary for the addition of the subject
property to TTM No. 5307. The minimum lot size for the existing R -1
zone is 6,000 square feet. The proposed lot sizes for TTM No. 5307
range from 3,305 to 4,478 square feet. Creating lots which are of a
comparable size to the main part of the TTM No. 5307 requires a zone
change to the RPD -9.lu (Residential Planned Development - 9.1
dwelling units per acre), as the resulting density on the subject
property will be 9.1 units per acre.
The RPD zone allows lots smaller than 6,000 square feet in
conjunction with an RPD permit. This permit also analyses site
design and building design, and allows projects to be proposed and
built which do not fit into the rigid standards of the R -1 zone.
This is particularly useful when dealing with in -fill type
properties with small dimensions or other significant constraints.
In the case of Tract 5307, the property fronting on Los Angeles
Avenue is relatively long and narrow. The creation of Tract 5307
required the flexibility that the RPD zone offers. While the RPD
zone offers a degree of flexibility to overcome constraints, it
still maintains development standards, which will ensure
compatibility between the lots within the zone and the adjacent R -1
zoned properties.
Tract 5307 - Major Modification No. 1
TTM No. 5307, as originally proposed, would create 22 -lots ranging
in size from 3,275 square feet to 4,478 square feet. The tract
utilized a small lot approach that maintains an interior "Z" lot
line on every other lot. In "Z" lot subdivisions, the front portion
of a side property line is offset 5 -feet from the back portion of
the side property line. Each lot grants a 5 -foot wide easement to
the adjacent property either in the front or rear of the property.
This allows each home to maintain a minimum side yard setback of 5-
S: \Community Development \DEV PMTS \T T M \5307 \Staff Reports \cc 021106 stf rpt f.doc
i llk)r1, �3t
Honorable City Council
November 6, 2002
Page 4
feet but allows the adjacent property owner to utilize this 5 -feet
for driveway and yard purposes.
The proposed Major Modification to the tract incorporates the
subject 0.33 acres into the tract. The proposed lots require
adequate access and turn around space; however, access to Millard
was determined inappropriate by earlier analysis. Therefore, the
lots proposed will be somewhat narrower and deeper than the other
lots in the subdivision, with access gained by means of an extended
shared driveway, twenty (20) feet in width, extending to the most
easterly lot, but not connecting to Millard Avenue. The turn - around
for the entire tract will be at the entry to the shared driveway and
will take the form of a "hammerhead," or a pair of turn pockets
which give large vehicles the distance required to negotiate a 180
degree, three point turn.
An easement for storm drain purposes also crosses the subject
property along its western edge. This easement contains an open
channel in which storm water is conveyed to an underground storm
drain system. This easement will remain, as there is still a need
to convey the storm and nuisance water from the areas currently
draining to the channel. However, the proposed project will fill in
the channel and convey the water via a forty -eight inch (48 ") storm
drain pipe. The easement area will then become part of the usable
side yard of Lot 23.
RPD Permit 2001 -01 - Minor Modification No. 1
The modifications to this permit also reflect the addition of the
subject property to TTM No. 5307. The new lots are proposed to be
developed with the Plan 3 building footprint as proposed in the
original RPD permit. This plan was utilized on three lots, and was
not a part of the paired "Z" lot combination, which utilizes Plan 1
and Plan 2 homes. Plan 3 is used on those lots, which are to be
designated as affordable units in the Low Income and Very Low Income
categories. The Plan 3 footprint also reflects a narrow home design
which is more appropriate for the narrower lots which are proposed
to comprise the subject property.
The three residential units propose rear yards adjacent to Los
Angeles Avenue, and are therefore expected to experience noise
impacts similar to those identified with the original RPD approval.
As such, the Mitigated Negative Declaration requires, and the
recommended conditions of approval reflect, the same noise
mitigation measures as the lots adjacent to Los Angeles Avenue in
the existing tract map. These measures include the installation of
a sound wall of sufficient height to mitigate the outdoor ambient
noise levels in the yard areas of the new lots. They also address
S: \Community Development \DEV PMTS \T T M \5307 \Staff Reports \cc 021106 stf rpt f.doc
Honorable City Council
November 6, 2002
Page 5
interior ambient noise levels and require the installation of
appropriate hardware and the use of appropriate materials and
construction techniques to adequately reduce the interior noise to
acceptable levels.
Aside from the addition of the new lots, another modification to
this RPD permit is the alteration of the design of the tract
perimeter wall /sound wall along Los Angeles Avenue. The current
design includes "round pockets" along the length of the wall where
trees or other landscaping can be planted. Staff feels that this
design is not the best choice for this location. Staff concerns
include maintenance issues inside the pockets, aesthetics, and
security issues that can arise out of the use of pockets. As an
alternative, staff is recommending the use of decorative masonry
block with substantial articulation in the form of pilaster -like
features, a cap course, variations in height, and other texturing of
the surface to soften its impact along the roadway. A raised
landscaping strip sufficiently wide to permit the planting of
appropriate tree species would be provided between the sidewalk area
and the wall, which would help to reduce the appearance of the
overall height of the wall.
These amendments and modifications would, if approved, allow the
construction of three affordable units in support of the adopted
City Council goals, as well as goals of the Housing Element of the
General Plan.
ENVIRONMENTAL DOCUMENTATION
A Mitigated Negative Declaration (MND) has been prepared for the
projects. Impacts associated with this project are nearly identical
to those described in the MND for the original Tract 5307, and are
primarily noise impacts. These impacts are due to the proximity of
the project to Los Angeles Avenue. While potentially significant,
this impact can be mitigated by the construction of a sound wall
along the rear property lines of the lots to be created, and by the
use of construction techniques and materials which can reduce the
interior sound levels to acceptable levels. The mitigation measures
have been incorporated into the project conditions. This is the
same mitigation as is required in the original Tract 5307. A copy of
the MND in included in the attached October 14, 2002, Planning
Commission Agenda Report, for the City Council's review.
STAFF RECOMMENDATIONS
1. Open the public hearing, accept public testimony, and close the
public hearing.
S: \Community Development \= PMTS \T T M \5307 \Staff Reports \cc 021106 stf rpt f.doc
Honorable City Council
November 6, 2002
Page 6
2. Adopt the proposed Mitigated Negative Declaration.
3. Adopt Resolution No. 2002- approving General Plan Amendment
No. 2002 -04.
4. Introduce Zoning Ordinance No. for first reading.
5. Adopt Resolution No. 2002- approving Tract 5307 - Major
Modification No. 1, and Residential Planned Development Permit
No. 2001 -01 - Minor Modification No. 1.
ATTACHMENTS:
1. Planning Commission October 14, 2002 Agenda Report (with
Project Exhibits and Mitigated Negative Declaration)
2. Draft Resolution Approving General Plan Amendment No. 2002 -04
3. Draft Ordinance Approving Zone Change 2002 -04
4. Draft Resolution Approving Tract 5307 - Major Modification No.
1, and Residential Planned Development Permit No. 2001 -01 -
Minor Modification No. 1, with Conditions of Approval (Exhibit
A) .
S: \Community Development \DEV PMTS \T T M \5307 \Staff Reports \cc 021106 stf rpt f.doc
Clara -3'0
MOORPARK PLANNING COMMISSION
AGENDA REPORT
To: Honorable Planning Commission
From: Barry K. Hogan, Community Development Director✓
Prepared By: Scott Wolfe, Principal Planner
Date: September 26, 2002 (PC meeting of 10/14/02)
Subject: Consider General Plan Amendment No. 2002 -04, Zone Change
No. 2002 -04, Major Modification No. 1 to Tentative Tract
Map No. 5307, and Minor Modification No. 1 to Residential
Planned Development No. 2001 -01, a Request for a Change in
Land Use Designation from M (Medium Density Residential)
to VH (Very High Density Residential), Zone Change from R-
1 (Single Family Residential) to RPD 9.1 Dwelling
Units /Acre, the Addition of Three Lots to an Approved 22-
Lot Single - Family Residential Subdivision, and the
Construction of Three Single Family Detached Affordable
Units, on Property Located at the Northwest Corner of
Millard Avenue and Los Angeles Avenue, on the Application
of Colmer Development Company and the City of Moorpark.
BACKGROUND
These projects comprise a change in the boundary of Tentative Tract
Map No. 5307, to include and subdivide an additional 0.33 acres to
provide three affordable housing units in support of the General
Plan Housing Element. This addition requires a Major Modification
to the tentative tract map and a Minor Modification to the
Residential Planned Development Permit. The additional property
will also require a General Plan Amendment and a Zone Change.
Approval of the subject requests will enable the 0.33 acre site to
be incorporated into a compatible single family detached
neighborhood, which would be consistent with the goals and policies
of the Housing Element of the General Plan. The approval of these
projects and subsequent construction of the units will also
accomplish City Departmental Goal B -9 that has been established by
the City Council for Fiscal Year 2002/2003.
CC ATTACHMENT 1
S: \Community Development \T T M \5307 \Staff Reports \pc 021014 stf rpt Colmer.doc
'A��01�
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Honorable Planning Commission
October 14, 2002
Page 2
On May 1, 2002, the City Council approved a request by Colmer
Development Company for Tentative Tract Map (TTM) No. 5307,
Residential Planned Development (RPD) Permit No. 2001 -01, General
Plan Amendment No. 2001 -01, Variance (VAR) No. 2002 -01, and
introduced Zone Change No. 2001 -01 for first reading. These
approvals included the subdivision of approximately 2.44 acres into
twenty -two (22) single family residential lots and the construction
of twenty -two (22) single family units located on the northeast
corner of Los Angeles Avenue and Flory Avenue.
On May 7, 2002, Colmer Development Company submitted an application
for a Major Modification to the Tract and Minor Modification to the
RPD Permit to include an additional 0.33 acres located at the
northwest corner of Millard Avenue and Los Angeles Avenue, to the
east and directly adjacent to the approved project. The City
Council, on October 2, 2002, initiated General Plan Amendment No.
2002 -04 and Zone Change 2002 -04 for this 0.33 acre site.
The modifications propose a subdivision of 0.33 acres into three
residential lots to be developed with three (3) affordable housing
units, with the same architecture used in the original subdivision.
The current General Plan Land Use Element Map designation for the
0.33 -acre site is Medium Density Residential (4 units per acre) and
the zoning is R -1, with a minimum lot size of 6,000 square feet. A
General Plan Amendment (GPA) to change the land use designation from
M (Medium Density Residential) to VH (Very High Density
Residential))and a Zone Change (ZC) to change the zoning designation
from R -1 (Single Family Residential) to RPD 9.1 Dwelling Units /Acre
are necessary for the proposed development.
The proposed modifications, GPA and ZC will allow this property to
be included within the tract, subdivided to a size consistent with
other lots in the tract, and developed with a housing product
similar to the other lots in the tract. These additional lots will
be required to be maintained as `affordable" units.
nT-grTTCCT[)TQ
General Plan Amendment
The current land use designation for the subject property is M
(Medium Density Residential). The M designation allows a maximum
density of 4 residential units per acre. The proposed General Plan
Amendment to VH (Very High Residential) would allow for a maximum
density of 15 units per acre, although the proposed density is just
over 9 units per acre.
S: \Community Development \T T M \5307 \Staff Reports \pc 021014 stf rpt Colmer.doc 41,ft „-11
Honorable Planning Commission
October 14, 2002
Page 3
The proposed change in Land Use designation would permit the
incorporation of the subject site into the development pattern of
Tract 5307. The subject site is disconnected from the development
pattern of the medium density neighborhoods to the north and east,
as they are oriented differently. This change of designation would
serve to better incorporate the property into the proposed
neighborhood to the west.
Perhaps the most significant justification for the amendment of the
Land Use designation is the furtherance of the goals of the Housing
Element, which identify a need for affordable housing. The Element
also identifies Tract No. 5307 as a potential site for affordable
units. The addition of this property to create three additional
affordable units also meets an established goal of the City Council.
Zone Chance
A change of zone is necessary for the addition of the subject
property to TTM No. 5307. The minimum lot size for the existing R -1
zone is 6,000 square feet. The proposed lot sizes for TTM No. 5307
range from 3305 to 4478 square feet. Creating lots which are of a
comparable size to the main part of the TTM No. 5307 requires a zone
change to the RPD -9.lu (Residential Planned Development - 9.1
dwelling units per acre), as the resulting density on the subject
property will be 9.1 units per acre.
The RPD zone allows lots smaller than 6,000 square feet in
conjunction with an RPD permit. This permit also analyses site
design and building design, and allows projects to be proposed and
built which do not fit into the rigid standards of the R -1 zone.
This is particularly useful when dealing with in -fill type
properties with small dimensions or other significant constraints.
In the case of Tract 5307, the property fronting on Los Angeles
Avenue is relatively long and narrow. The creation of Tract 5307
required the flexibility that the RPD zone offers. While the RPD
zone offers a degree of flexibility to overcome constraints, it
still maintains development standards which will ensure
compatibility between the lots within the zone and the adjacent R -1
zoned properties.
Tract 5307 - Malor Modification #1
Tentative Tract Map No. 5307, as originally proposed, would create
twenty -two lots ranging in size from 3,275 square feet to 4,478
square feet. The tract utilized a small lot approach that maintains
an interior "Z" lot line on every other lot. In "Z" lot
subdivisions, the front portion of a side property line is offset 5
S: \Community Development \T T M \5307 \Staff Reports \pc 021014 stf rpt Colmer.doc
Honorable Planning Commission
October 14, 2002
Page 4
feet from the back portion of the side property line. Each lot
grants a 5' wide easement to the adjacent property either in the
front or rear of the property. This allows each home to maintain a
minimum side yard setback of 5 feet but allows the adjacent property
owner to utilize this 5 feet for driveway and yard purposes.
The proposed Major Modification to the tract incorporates the
subject 0.33 acres into the tract. The proposed lots require
adequate access and turn around space; however, access to Millard
was determined inappropriate by earlier analysis. Therefore, the
lots proposed will be somewhat narrower and deeper than the other
lots in the subdivision, with access gained by means of an extended
shared driveway, twenty (20) feet in width, extending to the most
easterly lot, but not connecting to Millard Avenue. The turn - around
for the entire tract will be at the entry to the shared driveway and
will take the form of a "hammerhead," or a pair of turn pockets
which give large vehicles the distance required to negotiate a 180
degree, three point turn.
An easement for storm drain purposes also crosses the subject
property along its western edge. This easement contains an open
channel in which storm water is conveyed to an underground storm
drain system. This easement will remain, as there is still a need
to convey the storm and nuisance water from the areas currently
draining to the channel. However, the proposed project will fill in
the channel and convey the water via a forty -eight inch (48 ") storm
drain pipe. The easement area will then become part of the usable
side yard of Lot 23.
RPD Permit 2001 -01 - Minor Modification No. 1
The modifications to this permit also reflect the addition of the
subject property to TTM No. 5307. The new lots are proposed to be
developed with the Plan 3 building footprint as proposed in the
original RPD permit. This plan was utilized on three lots, and was
not a part of the paired "Z" lot combination which utilizes Plan 1
and Plan 2 homes. Plan 3 is used on those lots which are to be
designated as affordable units in the Low Income and Very Low Income
categories. The Plan 3 footprint also reflects a narrow home design
which is more appropriate for the narrower lots which are proposed
to comprise the subject property.
The three residential units propose rear yards adjacent to Los
Angeles Avenue, and are therefore expected to experience noise
impacts similar to those identified with the original RPD approval.
As such, the Mitigated Negative Declaration requires, and the
recommended conditions of approval reflect, the same noise
mitigation measures as the lots adjacent to Los Angeles Avenue in
S: \Community Development \T T M \5307 \Staff Reports \pc 021014 stf rpt Colmer.doc g"a4� {j�j -1
�.+ 19 'a. +l tF' c� ti9
Honorable Planning Commission
October 14, 2002
Page 5
the existing tract map. These measures include the installation of
a sound wall of sufficient height to mitigate the outdoor ambient
noise levels in the yard areas of the new lots. They also address
interior ambient noise levels and require the installation of
appropriate hardware and the use of appropriate materials and
construction techniques to adequately reduce the interior noise to
acceptable levels.
Aside from the addition of the new lots, another modification to
this RPD permit is the alteration of the design of the tract
perimeter wall /sound wall along Los Angeles Avenue. The current
design includes "round pockets" along the length of the wall where
trees or other landscaping can be planted. Staff feels that this
design is not the best choice for this location. Staff concerns
include maintenance issues inside the pockets, aesthetics, and
security issues that can arise out of the use of pockets. As an
alternative, staff is recommending the use of decorative masonry
block with substantial articulation in the form of pilaster -like
features, a cap course, variations in height, and other texturing of
the surface to soften its impact along the roadway. A raised
landscaping strip sufficiently wide to permit the planting of
appropriate tree species would be provided between the sidewalk area
and the wall, which would help to reduce the appearance of the
overall height of the wall.
These amendments and modifications would, if approved, allow the
construction of three affordable units in support of the adopted
City Council goals, as well as goals of the Housing Element of the
General Plan.
ENVIRONMENTAL DOCUMENTATION
A Mitigated Negative Declaration (MND) has been prepared for the
projects. Impacts associated with this project are nearly identical
to those described in the MND for the original Tract 5307, and are
primarily noise impacts. These impacts are due to the proximity of
the project to Los Angeles Avenue. While potentially significant,
this impact can be mitigated by the construction of a sound wall
along the rear property lines of the lots to be created, and by the
use of construction techniques and materials which can reduce the
interior sound levels to acceptable levels. The mitigation measures
have been incorporated into the project conditions. This is the
same mitigation as is required in the original Tract 5307. A copy of
the MND has been attached for the Planning Commission's review.
S: \Community Development \T T M \5307 \Staff Reports \pc 021014 stf rpt Colmer.doc ,
Honorable Planning Commission
October 14, 2002
Page 6
STAFF RECOM4ENDATIONS
1. Open the public hearing, accept public testimony, and close the
public hearing.
2. Consider the proposed Mitigated Negative Declaration to ensure
that it adequately addresses the impacts of the proposed
residential project prior to approval.
3. Adopt Resolution No. PC -2002- recommending approval to the
City Council of General Plan Amendment No. 2002 -04, Zone Change
2002 -04, Tract 5307 - Major Modification No. 1, and Residential
Planned Development Permit No. 2001 -01 - Minor Modification No.
1.
ATTACHMENTS:
1. Project Exhibits
• Revised Tentative Tract Map
• Revised Plot Plan
• Revised Grading Plan
• Revised Drainage Plan
2. Draft Planning Commission Resolution Recommending Approval of
General Plan Amendment No. 2002 -04, Zone Change 2002 -04, Tract
5307 - Major Modification No.l, and Residential Planned
Development Permit No. 2001 -01 - Minor Modification No. 1, with
Conditions of Approval (Exhibit A).
3. Mitigated Negative Declaration
S: \Community Development \T T M \5307 \Staff Reports \pc 021014 stf rpt Colmer.doc C Q& 013--S
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RESOLUTION NO. PC -2002-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF GENERAL PLAN
AMENDMENT NO. 2002 -04, ZONE CHANGE NO. 2002 -04,
MAJOR MODIFICATION NO. 1 TO TENTATIVE TRACT MAP
NO. 5307, AND MINOR MODIFICATION NO. 1 TO
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO.
2001 -01 FOR AN APPROXIMATELY 0.33 ACRES SITE
LOCATED ON THE NORTHWEST CORNER OF LOS ANGELES
AVENUE AND MILLARD AVENUE, ON THE APPLICATION
OF COLMER DEVELOPMENT COMPANY AND THE CITY OF
MOORPARK (ASSESSOR PARCEL NOS. 512 -0 -122 -040 &
-060)
WHEREAS, at a duly noticed Public Hearing on October 14,
2002, the Planning Commission considered General Plan Amendment
No. 2002 -04, Zone Change 2002 -04, Major Modification No. 1 to
Tentative Tract Map No. 5307 and Minor Modification No. 1 to
Residential Planned Development Permit No. 2001 -01 on the
application of Colmer Development Company and the City of
Moorpark for an approximately 0.33 acre site located on the
northwest corner of Los Angeles Avenue and Millard Street
(Assessor Parcel No. 512 -0- 122 -040 & -060); and
WHEREAS, the proposed project is more specifically
described as follows:
General Plan Amendment No. 2002 -04: A request for a change
in the Land Use Designation of the Land Use Element of the
General Plan from M (Medium Density) to VHD (Very High
Density);
Zone Change No. 2001 -01: A request for a change in the
Zoning from R -1 (Single Family Residential) to RPD -9.1U
(Residential Planned Development -9.1 dwelling units /acre);
Major Modification No. 1 to Tentative Tract Map No 5307 and
Minor Modification No. 1 to Residential Planned Development
Permit No. 2001 -01: A request for inclusion of 0.33 acres
of land to be subdivided into 3 lots within the subdivision
and the construction of 3 additional affordable single
family units;
S: \Community Development \T T M\ 5307 \Resolutions- Conditions \021014 pc reso cond F.doc
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RESOLUTION NO. PC -2002-
Page 2
WHEREAS, at its meeting of October 14, 2002, the Planning
Commission considered the staff report, conducted a public
hearing and received public testimony, and after receiving
public testimony, the Planning Commission closed the public
hearing, and reached a decision.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. GENERAL PLAN CONSISTENCY: The Planning
Commission does hereby find that General Plan Amendment No.
2002 -04, Zone Change 2002 -04, Major Modification No. 1 to
Tentative Tract Map No. 5307 and Minor Modification No. 1 to
Residential Planned Development Permit No. 2001 -01 are
consistent with the City's General Plan, subject to amendment of
the land use designation as proposed.
SECTION 2. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission further finds that General Plan Amendment No. 2002-
04, Zone Change 2002 -04, Major Modification No. 1 to Tentative
Tract Map No. 5307 and Minor Modification No. 1 to Residential
Planned Development Permit No. 2001 -01 are consistent with the
Mitigated Negative Declaration prepared for the project.
1. That the Mitigated Negative Declaration prepared for
General Plan Amendment No. 2002 -04, Zone Change 2002 -04,
Major Modification No. 1 to Tentative Tract Map No. 5307
and Minor Modification No. 1 to Residential Planned
Development Permit No. 2001 -01 serves as the environmental
document for the General Plan Amendment, Zone Change,
Tentative Tract Map modification, and Residential Planned
Development Permit modification.
2. In order to reduce the potential adverse impacts of this
project, mitigation measures discussed in the Mitigated
Negative Declaration have been incorporated and shall apply
to General Plan Amendment No. 2002 -04, Zone Change 2002 -04,
Major Modification No. 1 to Tentative Tract Map No. 5307
and Minor Modification No. 1 to Residential Planned
Development Permit No. 2001 -01.
RESOLUTION NO. PC -2002-
Page 3
3. A Mitigation Reporting and Monitoring Program prepared in
compliance with Assembly Bill 3180 and considered in the
various decisions regarding these projects applies to
General Plan Amendment No. 2002 -04, Zone Change 2002 -04,
Major Modification No. 1 to Tentative Tract Map No. 5307
and Minor Modification No. 1 to Residential Planned
Development Permit No. 2001 -01.
SECTION 3. SUBDIVISION FINDINGS: The Planning Commission
hereby finds as follows:
Modification to Tentative Tract Map No. 5307, with
imposition of the attached conditions, meets the requirements of
California Government Code Sections 66473.5, 66474, 66474.6, and
66478.1 et seq., in that:
1. The proposed map is consistent with the City of Moorpark
General Plan and Zoning Ordinance.
2. That the design and improvements of the proposed
subdivision is consistent with the City of Moorpark General
Plan.
3. The site is physically suitable for the type of development
proposed.
4. The site is physically suitable for the proposed density of
development.
5.
The design of the subdivision
and the proposed improvements
are not likely to cause substantial environmental damage.
6.
The design of the subdivision
and the type of improvements
are not likely to cause serious public health problems.
7.
The design of the subdivision
and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within
the proposed subdivision.
8.
There will be no discharge
of waste from the proposed
subdivision into an existing
community sewer system in
violation of existing water
quality control requirements
under Water Code Section 13000
et seq.
�` 0 Fn i'`'a
RESOLUTION NO. PC -2002-
Page 4
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir.
SECTION 4. RESIDENTIAL PLANNED DEVELOPMENT PERMIT FINDINGS:
The Planning Commission hereby finds as follows:
1. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance.
2. The proposed project is compatible with the character of
surrounding development.
3. The proposed project would not be obnoxious or harmful, or
impair the utility of neighboring property or uses.
4. The proposed project would not be detrimental to the public
interest, health, safety, convenience, or welfare.
5. The proposed project is compatible with existing and
planned land uses in the general area where the development
is to be located.
6. The proposed project is compatible with the scale, visual
character and design of the surrounding properties,
designed so as to enhance the physical and visual quality
of the community, and the structure (s) have design features
which provide visual relief and separation between land
uses of conflicting character.
SECTION 5. PLANNING COMMISSION RECOMMENDATION: The
Planning Commission recommends to the City Council approval of
General Plan Amendment No. 2002 -04, Zone Change 2002 -04, Major
Modification No. 1 to Tentative Tract Map No. 5307 and Minor
Modification No. 1 to Residential Planned Development Permit No.
2001 -01 subject to the Conditions of Approval (Exhibit A).
SECTION 6. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
`1) 010 "12,
RESOLUTION NO. PC -2002-
Page 5
The action of the foregoing direction was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED THIS 14TH DAY OF OCTOBER 2002.
Kipp Landis, Vice Chair
ATTEST:
Barry K. Hogan
Community Development Director
EXHIBITS:
A. Conditions of Approval for Major Modification No. 1 to
Tentative Tract Map No. 5307 and Minor Modification
No. 1 to Residential Planned Development Permit No.
2001 -01
B. Mitigation Monitoring Program
C. General Plan Amendment Map
D. Zone Change Map
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RESOLUTION NO. PC -2002-
Page 6
EXHIBIT A
CONDITIONS OF APPROVAL
MAJOR MODIFICATION NO. 1
TO TENTATIVE TRACT MAP NO. 5307
AND MINOR MODIFICATION NO. 1 TO
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01
A. GENERAL CONDITIONS OF APPROVAL:
1. All conditions of approval of Tentative Tract Map No. 5307
and Residential Planned Development Permit No. 2001 -01
shall continue to apply, and unless specifically directed
to particular lots, shall apply to the additional 0.33
acres of land, except as amended herein.
2. Conditions of Residential Planned Development No. 2001 -01
and Tentative Tract 5307 which apply to all lots adjacent
to Los Angeles Avenue shall apply to Lots 23, 24 and 25 as
well, unless the Director of Community Development
determines otherwise.
3. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his /her heirs, assigns,
and successors of the conditions of this Map. A notation,
which references conditions of approval, shall be included
on the Final Map in a format acceptable to the Community
Development Director and the City Engineer.
4. Conditions of this entitlement shall not be interpreted as
permitting or requiring any violation of law or any
unlawful rules or regulations or orders of an authorized
governmental agency. The approved Mitigation Monitoring and
Reporting Program is included as an attachment to the
approving resolution, and all mitigation measures are
requirements of the Tentative Tract Map and Residential
Planned Development Permit, as applicable.
5. All mitigation measures contained within the approved
Mitigation Monitoring Report and Program (MMRP) are hereby
adopted as requirements of the Tentative Map, as
applicable. Where conflict or duplication between the MMRP
and the conditions of approval occurs and applicability for
compliance is questioned by the Developer, the Community
Development Director shall determine the applicable
RESOLUTION NO. PC -2002-
Page 7
condition compliance requirements for each phase of
development.
6. This approval permits the addition of 0.33 acres of land to
Tentative Tract Map No. 5307, for the purpose of creating
an additional three (3) lots within the tract. These
additional lots will be used for the construction of
affordable housing units. Income levels for prospective
buyers of these units shall be determined by the City of
Moorpark.
7. Lots 23, 24, and 25 shall be developed with Plan 3,
approved as part of Residential Planned Development No.
2001 -01. The exterior building treatment for each unit
shall be sufficiently different, as determined by the
Community Development Director, so as to be distinct from
one another.
8. The perimeter wall of Tract 5307 shall be extended to
encompass the additional acreage. The extended wall shall
be constructed of the same materials with the same
treatments as the rest of the tract. The wall height shall
be the same as the rest of the tract, except as noted
herein.
9. Wall pockets along Los Angeles Avenue shall be deleted. An
appropriate planting palette, subject to the approval of
the Community Development Director, shall be utilized to
soften the appearance of the sound wall. Plant material
used shall have low water demands and low maintenance
needs.
10. Access to lots 23, 24, and 25 shall be through a 20 -foot
wide common driveway. Entrance to the driveway from "A"
street shall be via a raised curb with driveway apron.
This driveway shall extend only far enough to provide
access to lot 25, but shall not connect, or appear to
connect, to Millard Street. Precise design shall be to the
satisfaction of the Community Development Director and the
City Engineer.
11. A "hammerhead" turn- around area shall be located at the
easterly end of "A" street. This shall meet the standards
of the Fire Department, and shall be striped and signed, to
the satisfaction of the Fire Department and the City
Engineer, as a "No Parking" area.
12. The existing storm drain easement at the west side of Lot
23 shall be covered and graded to the level of the pad on
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RESOLUTION NO. PC -2002-
Page 8
Lot 23. This area shall be restricted to disallow
construction or permanent improvements within it to ensure
accessibility to the culvert for maintenance purposes.
13. The sidewalk along Los Angeles Avenue shall meander, and
may be reduced to a minimum width of 5 feet, with the
approval of the Director of Community Development and the
City Engineer, providing areas suitable for the planting of
trees and shrubs along the right of way. The location of
the sidewalk shall be approved by the Community Development
Director and the City Engineer.
14. Berms and /or low retaining walls shall be utilized
intermittently within the landscape planter areas along Los
Angeles Avenue to add visual interest and soften the
appearance of the sound walls, subject to the approval of
the Community Development Director and the City Engineer.
15. The sound wall along Los Angeles Avenue shall be
constructed of decorative block, with variation in color,
texture and mass to create visual interest and soften the
appearance. "Pilaster" elements incorporating different
colors and textures shall be incorporated into the wall at
least every 25 feet to break up the wall mass. Wall plans
are subject to the approval of the Community Development
Director
16. Prior to the issuance of building permits, a landscape plan
shall be prepared on the approved grading plan and
submitted to the City for review, and approved by the
Community Development Director.
17. Prior to the issuance of final occupancy for the first
unit, the approved landscape plan shall be implemented, and
be found to be in substantial compliance with the plan
approved by the Community Development Director.
B. MITIGATION MEASURE CONDITIONS:
1. Prior to or concurrently with the submittal of building
plans, the Applicant shall provide an acoustical study
report to the Community Development Director that outlines
the proposed program for compliance with the Noise Element
Standards of 65 CNEL (Community Noise Equivalent Level) for
exterior locations within the development and 45 CNEL for
interior locations within the dwelling.
2. Construct a sound wall along the southern property line of
lots 1 through 11, and lots 23 through 25, along Los
RESOLUTION NO. PC -2002-
Page 9
Angeles Avenue. The top of the sound wall must be 9.5 feet
above the centerline surface of Los Angeles Avenue for lots
1 and 2, 10.5 feet above the centerline for lots 3 though
9, 11.5 feet above the centerline for lots 10 and 11, and
12.5 above the centerline for lots 23 through 25.
Construct a 5 to 6 foot wide planter between the wall and
Los Angeles Avenue. This planter shall be planted in
accordance with Condition No. 15, above.
3. The sound wall shall extend at least 20 feet to the north
on the west side of lot 1, and at least 20 feet to the
north on the east side of lot 25. These extensions shall
then transition gradually down in height to a standard 6
feet.
4. To reduce the interior noise levels, a minimum window glass
thickness of 3/16 -inch and a standard exterior wall of 5/8-
inch gypsum board, 3.5 -inch fiberglass filled cavity, 7/8-
inch lath and stucco, typical for single family residential
developments shall be installed.
5. All second story windows along Los Angeles Avenue shall be
Milgard type 5120 double glazed window assemblies or an
equivalent with a minimum STC 33 rating.
6. All rear and side entry doors of the homes on Lots 1
through 11, and lots 22 through 25, shall be gasketed
(jamb, head, sill) with interlocking or tube -type
compression weather - stripping, or an effective equivalent.
7. All exterior vents on the homes on Lots 1 through 11, and
lots 22 through 25, shall be directed away from Los Angeles
Avenue in order to reduce noise transmissions into the
house through vents and ducts.
8. The applicant shall prepare a hydrology study shall be
prepared, if deemed necessary by the City Engineer, to
determine the appropriate size of the culvert. The culvert
shall be constructed to the satisfaction of the City
Engineer.
RESOLUTION NO. PC -2002-
Page 10
PWRTRTT R
MITIGATION MONITORING PROGRAM
MONITORING AND REPORTING REQUIREMENT FOR MITIGATION MEASURES:
1. Prior to the issuance of a grading permit, the City
Engineer shall provide verification to the Community
Development Director, that the proposed culvert to be
placed in the storm drain easement along the west side of
Lot 22 is properly sized to handle the expected flow.
2. Prior to the release of grading or improvement bonds the
City Engineer shall verify that the construction of this
culvert is satisfactory.
3. Prior to issuance of a building permit, the Building
Official shall provide verification to the Community
Development Director that the building permit plans comply
with all noise mitigation measures imposed as conditions of
approval.
4. Prior to occupancy of each unit, the Building Official
shall ensure, by physical inspection, the compliance with
these plans.
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General Plan Amendment Map
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Zone Change Map
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MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
NOTICE IS HEREBY GIVEN:
The City of Moorpark, after having conducted an Initial Study, has prepared a Mitigated Negative
Declaration for the following project:
Major Modification No.1 - T 5307, Minor Modification No. 1— RPD 99 -1, General Plan Amendment
2002 -04, Zone Change 2002 -04
Amend General Plan Designation from M (Medium Density Residential) to VH (Very High Density
Residential); Amend zoning designation from R -1 (Single Family Residential) to RPD -9.1 U
(Residential Planned Development — 9.1 units per acre); Modify Tract 5307 and RPD 99 -01 to
include an additional 0.33 acres for 3 additional affordable units.
The project is located at:
North east corner of Los Angeles Avenue and Millard Avenue, Moorpark, Ventura County
The project site is not contained on any of the lists enumerated under Section 65962.5 of the Government
Code including, but not limited to lists of hazardous waste facilities, land designated as hazardous waste
property, and hazardous waste disposal sites.
The proposed Mitigated Negative Declaration and Initial Study are forwarded to you for possible
comments relating to your area of interest. All documents referenced therein are available for review
during normal business hours in the Community Development office, City Hall, 799 Moorpark Avenue,
Moorpark, California, 93021. Information on public hearings or meetings for the proposed project can be
obtained from the Community Development Department at (805) 517 -6200.
Written comments should be directed to:
Scott Wolfe, Principal Planner
Community Development Department
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
(805) 517 -62 36
swolfe @ci.moorpark.ca.us
Written comments will be accepted in the Community Development Department office for a period of
twenty (20) days after publication of this notice.
Public Notice Published: September 30, 2002
Mitigated Negative Declaration Comment Period: September 30, 2002 to October 21, 2002
y f yx'
Barry K. Hogan
Community Development Director
Distribution:
PC ATTACHMENT 3
29
MITIGATED NEGATIVE DECLARATION
CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK, CA 93021
(805) 517 -6200
The following Mitigated Negative Declaration has been prepared in accordance with the California
Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures
of the City of Moorpark.
Public Review Period: September 30 to October 21, 2002
Project Title /Case No.: Major Modification No.1 - T 5307, Minor Modification No. 1 — RPD 99 -1,
General Plan Amendment 2002 -04, Zone Change 2002 -04
Project Location: North east corner of Los Angeles Avenue and Millard Avenue, Moorpark,
Ventura County. (Location Map Attached)
Project Description: Amend General Plan Designation from M (Medium Density Residential) to VH
(Very High Density Residential); Amend zoning designation from R -1 (Single
Family Residential) to RPD -9.1 U (Residential Planned Development — 9.1
units per acre); Modify Tract 5307 and RPD 99 -01 to include an additional
0.33 acres for 3 additional affordable units.
Project Type:
Project Applicant
X Private Project X Public Project
Colmer Development Company, 5000 Parkway Calabasas, Suite 110,
Calabasas, CA 91302 / City of Moorpark, 799 Moorpark Avenue, Moorpark,
CA 93021
Finding: After preparing an Initial Study for the above - referenced project, it is found that
there is substantial evidence, in light of the whole record before the City of
Moorpark, that the project may have a significant effect on the environment.
However, this effect can be mitigated to a level of insignificance through the
imposition of mitigation measures which have been incorporated into the
project. (Initial Study Attached)
Responsible Agencies: None
Trustee Agencies: None
Attachments: Location Map
Initial Study
Contact Person: Scott Wolfe, Principal Planner
Community Development Department
City of Moorpark
799 Moorpark Avenue
Moorpark, California, 93021
(805) 517 -62 36
C01 3
SACommunity Development\T T M \5307 \MND.doc
Project Location: Northwest Corner of Los Angeles Avenue and Millard Avenue
General Plan Designation: M (Medium Density Residential) Zoning:
R -1 (Single Family Residential)
Project Description: Amend General Plan Designation from M (Medium Density Residential) to VH
(Very High Density Residential); Amend zoning designation from R -1 (Single Family Residential) to RPD -9.1 U
(Residential Planned Development — 9.1 units per acre); Modify Tract 5307 and RPD 99 -01 to include an
additional 0.33 acres for 3 additional affordable units.
Surrounding Land Uses and Setting:
North: Existing Residential Neighborhood
South: Los Angeles Avenue and Residential uses
East: Existing Residential Neighborhood
West: School Facilities — Tentative Tract 5307
Responsible and Trustee Agencies: None
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially
Si nificant Impact" or 'Potentially Significant Unless Mitigated, "as indicated by the checklist on the following pages.
X Aesthetics Agricultural Resources Air Quality
Biological Resources Cultural Resources Geology /Soils
Hazards and Hazardous Materials Hydrology/Water Quality Land Use /Planning
Mineral Resources X Noise Population /Housing
Public Services Recreation Transportation/Traffic
Utilities /Service Systems Mandatory Findings of Significance None
DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could
have a significant effect on the environment, there will not be a significant effect in this case because revisions
in the project have been made by or agreed to by the project proponent. Mitigation measures described on
the attached Exhibit 1 have been added to the project. A MITIGATED NEGATIVE DECLARATION will be
prepared.
Prepared by: Reviewed by:
Date: Date: �" Z
INITIAL STUDY EXHIBIT 1:
MITIGATED NEGATIVE DECLARATION
MITIGATION MEASURES AND
MONITORING AND REPORTING PROGRAM
A sound wall shall be constructed along the southern property line of lots 1 through 11, and lots 23
thorugh 25, along Los Angeles Avenue. The top of the sound wall must be 9.5 feet above the
centerline surface of Los Angeles Avenue for lots 1 and 2, 10.5 feet above the centerline for lots 3
though 9, 11.5 feet above the centerline for lots 10 and 11, and 12.5 above the centerline for lots 22
through 25. In order to screen the wall, a 5 to 6 foot wide planter shall be provided between the wall
and Los Angeles Avenue. This planter will be planted with trees, shrubs, and vines to screen the
wall.
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
2. The sound wall shall extend at least 20 feet to the north on the west side of lot 1, and at least 20 feet
on the east side of lot 11. These extensions will then transition gradually in height down to a
standard 6 foot wall height.
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
3. To reduce the interior noise levels, a minimum window glass thickness of 3/16 inch and a standard
exterior wall of 5/8 inch gypsum board, 3.5 inch fiberglass filled cavity, 7/8 inch lath and stucco,
typical for single family residential developments shall be installed.
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
4. All second story windows along Los Angeles Avenue shall be Milgard type 5120 double glazed
window assemblies, or an equivalent with a minimum STC 33 rating.
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
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All rear and side entry doors of the homes on Lots 1 through 11, and lots 22 through 25, shall be
gasketed (jamb, head, and sill) with interlocking or tube type compression weather stripping, or an
effective equivalent.
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
6. All exterior vents on the homes on Lots 1 through 11, and lots 22 through 25, shall be directed away
from Los Angeles Avenue in order to reduce noise transmissions into the house through vents and
ducts.
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
7. A hydrology study shall be prepared, if determined necessary by the City Engineer, to determine the
appropriate size of the culvert. The culvert shall be constructed to the satisfaction of the City
Engineer.
Monitoring Action: City Engineer to review project plans for compliance
Timing: Prior to issuance of grading permits
Responsibility. City Engineer
AGREEMENT TO PROPOSED MITIGATION MEASURES AND
MONITORING AND REPORTING PROGRAM
In accordance with the CEQA Guidelines Section 15070 (California Code of Regulations Title 14, Chapter 3,
Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public
review.
I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN,
CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE - LISTED
MITIGATION MEASURES IN THE PROJECT.
Signature of Project Applicant
Date
ti �. C 4;f� •� ii �.�
3
4) Create a new source of substantial light or glare which X
would adversely affect day or nighttime views in the
area?
Response: The project proposes to construct a sound wall along Los Angeles Avenue
ranging in height from 9.5 feet to 12.5 feet. In order to screen the wall, the
project will provide a 5 to 6 foot wide landscape planter in front of the wall
adjacent to Los Angeles Avenue.
Sources: Site Plan, Project Application
Mitigation: This planter will be planted with trees, shrubs, and vines to screen the wall.
B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are
significant environmental effects, the City of Moorpark may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. Would the project:
1) Convert Prime Farmland, Unique Farmland, or Farmland X
of Statewide Importance (Farmland), as shown on
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
agency, to non - agricultural use?
2) Conflict with existing zoning for agricultural use, or a X
Williamson Act contract?
3) Involve other changes in the existing environment which, X
due to their location or nature, could result in
conversion of Farmland, to non - agricultural use?
Response: This project does not affect agricultural resources.
Sources: Site Plan, Project Application
Mitigation: None Required.
0
r�
C� G
Less Than
Potentially
Significant Less Than
Significant
With Significant No
Impact
Mitigation Impact Impact
A. AESTHETICS — Would the project:
1) Have a substantial adverse effect on a scenic vista?
X
2) Substantially damage scenic resources, including, but
X
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
3) Substantially degrade the existing visual character or
X
quality of the site and its surroundings?
4) Create a new source of substantial light or glare which X
would adversely affect day or nighttime views in the
area?
Response: The project proposes to construct a sound wall along Los Angeles Avenue
ranging in height from 9.5 feet to 12.5 feet. In order to screen the wall, the
project will provide a 5 to 6 foot wide landscape planter in front of the wall
adjacent to Los Angeles Avenue.
Sources: Site Plan, Project Application
Mitigation: This planter will be planted with trees, shrubs, and vines to screen the wall.
B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are
significant environmental effects, the City of Moorpark may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. Would the project:
1) Convert Prime Farmland, Unique Farmland, or Farmland X
of Statewide Importance (Farmland), as shown on
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
agency, to non - agricultural use?
2) Conflict with existing zoning for agricultural use, or a X
Williamson Act contract?
3) Involve other changes in the existing environment which, X
due to their location or nature, could result in
conversion of Farmland, to non - agricultural use?
Response: This project does not affect agricultural resources.
Sources: Site Plan, Project Application
Mitigation: None Required.
0
r�
C� G
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
C. AIR QUALITY — Would the project:
1) Conflict with or obstruct implementation of the applicable X
air quality plan?
2) Violate any air quality standard or contribute X
substantially to an existing or projected air quality
violation?
3) Result in a cumulatively considerable net increase of any X
criteria pollutant for which the project region is non
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions
which exceed quantitative thresholds for ozone
precursors)?
4) Expose sensitive receptors to substantial pollutant X
concentrations?
5) Create objectionable odors affecting a substantial number X
of people?
Response: This project does not affect Air Quality Resources.
Sources: 7
Mitigation: None required.
D. BIOLOGICAL RESOURCES — Would the project:
1) Have a substantial adverse effect, either directly or X
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife Service?
2) Have a substantial adverse effect on any riparian habitat X
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
3) Have a substantial adverse effect on federally protected X
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
4) Interfere substantially with the movement of any native X
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
:`-
t
3
5
5) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy
or ordinance?
6) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
x
conservation plan e
Response: This project proposes changes on previously developed urban land, and
therefore does not impact biological resources.
Sources: Site Plan, Project Application
Mitigation: None required.
E. CULTURAL RESOURCES — Would the project:
x
1) Cause a substantial adverse change in the significance of x
a historic resource as defined in §15064.5?
2) Cause a substantial adverse change in the significance of x
an archaeological resource pursuant to §15064.5?
3) Directly or indirectly destroy a unique paleontological x
resource or site or unique geologic feature?
4) Disturb any human remains, including those interred x
outside of formal cemeteries?
Response: This project proposes changes on previously developed land, and therefore
is not expected to impact cultural resources.
Sources: Site Plan, Project Application
Mitigation: None required.
F. GEOLOGY AND SOILS — Would the project:
1) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
Involving:
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist - Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on
other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
X
x
5) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water?
X
Response: This project is not within Alquist Priolo Special Studies areas, and does not
have any soils or geological impacts. The site is within a liquefaction zone,
and will need to comply with the requirements of the Seismic Hazards
Mapping Act.
Sources: 3, Alquist Priolo Special Studies Zone Map, Moorpark Quadrangle, Seismic
Hazard Zone Map, Moorpark Quadrangle.
Mitigation: None Required.
G. HAZARDS AND HAZARDOUS MATERIALS — Would the project:
1) Create a significant hazard to the public or the X
environment through the routine transport, use, or
disposal of hazardous materials?
2) Create a significant hazard to the public or the X
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
3) Emit hazardous emission or handle hazardous or acutely X
hazardous materials, substances, or waste within one -
quarter mile of an existing or proposed school?
4) Be located on a site which is included on a list of X
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
5) For a project located within an airport land use plan or, X
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
6) For a project within the vicinity of a private airstrip, would X
the project result in a safety hazard for people residing or
working in the project area?
4 e-1Ir r,
7
Less Than
Potentially
Significant
Less Than
Significant
With
Significant
No
Impact
Mitigation
Impact
Impact
iii) Seismic - related ground failure, including liquefaction?
X
iv) Landslides?
X
2) Result in substantial soil erosion or the loss of topsoil?
X
3) Be located on a geologic unit or soil that is unstable, or
X
that would become unstable as a result of the project,
and potentially result in on- or off -site landslide, lateral
spreading, subsidence, liquefaction or collapse?
4) Be located on expansive soil, as defined in Table 18 -1 -B
X
of the Uniform Building Code (1994), creating substantial
risks to life or property?
5) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water?
X
Response: This project is not within Alquist Priolo Special Studies areas, and does not
have any soils or geological impacts. The site is within a liquefaction zone,
and will need to comply with the requirements of the Seismic Hazards
Mapping Act.
Sources: 3, Alquist Priolo Special Studies Zone Map, Moorpark Quadrangle, Seismic
Hazard Zone Map, Moorpark Quadrangle.
Mitigation: None Required.
G. HAZARDS AND HAZARDOUS MATERIALS — Would the project:
1) Create a significant hazard to the public or the X
environment through the routine transport, use, or
disposal of hazardous materials?
2) Create a significant hazard to the public or the X
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
3) Emit hazardous emission or handle hazardous or acutely X
hazardous materials, substances, or waste within one -
quarter mile of an existing or proposed school?
4) Be located on a site which is included on a list of X
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
5) For a project located within an airport land use plan or, X
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
6) For a project within the vicinity of a private airstrip, would X
the project result in a safety hazard for people residing or
working in the project area?
4 e-1Ir r,
7
7) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
8) Expose people or structures to a significant risk of loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
X
resiaences are mtermixea witn wnaianas r
Response: There are no known hazards on the project site.
Sources: 3
Mitigation: None Required.
X
H. HYDROLOGY AND WATER QUALITY — Would the project:
1) Violate any water quality standards or waste discharge X
requirements?
2) Substantially deplete groundwater supplies or interfere X
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production
rate of pre- existing nearby wells would drop to a level
which would not support existing land uses or planned
uses for which permits have been granted)?
3) Substantially alter the existing drainage pattern of the site X
or area, including through the alteration of the course of
a stream or river, in a manner which would result in
substantial erosion or siltation on- or off -site?
4) Substantially alter the existing drainage pattern of the site X
or area, including through the alteration of the course of
a stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result
in flooding on- or off -site?
5) Create or contribute runoff water which would exceed the X
capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
6) Otherwise substantially degrade water quality? X
7) Place housing within a 100 -year flood hazard area as X
mapped on a federal Flood Hazard boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
8) Place within a 100 -year flood hazard area structures which X
would impede or redirect flood flows?
9) Expose people or structures to a significant risk of loss, X
injury or death involving i) flooding, including flooding as
a result of the failure of a levee or dam?
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
ii) inundation by seiche, tsunami, or mudflow? X
Response: This project proposes the "boxing" of a currently open storm drain channel
into a 4 foot culvert. This improvement will be engineered to accommodate
anticipated flows, and therefore will not reflect a significant impact.
Sources: Project plans.
Mitigation: A hydrology study shall be prepared, if determined necessary by the City
Engineer, to determine the appropriate size of the culvert. The culvert shall
be constructed to the satisfaction of the City Engineer.
I. LAND USE AND PLANNING — Would the project:
1) Physically divide an established community? X
2) Conflict with any applicable land use plan, policy, or X
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an
environmental effect?
3) Conflict with any applicable habitat conservation plan or X
natural community conservation plan?
Response: While this project deviates from the current General Plan Land Use element
map designation with regard to density on the subject site, the project would
help meet the housing needs identified in the Housing Element and is
consistent with all other General Plan Goals and Policies. Further, this
project includes a General Plan Amendment which will ensure that the
project is consistent with the Land Use Element map as well. Therefore, this
impact is not significant.
Sources: 3,4
Mitigation: None Required
J. MINERAL RESOURCES — Would the project:
1) Result in the loss of availability of a known mineral X
resource that would be of value to the region and the
residents of the state?
2) Result in the loss of availability of a locally- important X
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Response: This project will not affect mineral resources.
Sources: n/a
Mitigation: None Required.
n
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
K. NOISE — Would the project result in:
1) Exposure of persons to or generation of noise levels in x
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies?
2) Exposure of persons to or generation of excessive x
groundborne vibration or groundborne noise levels?
3) A substantial permanent increase in ambient noise levels x
in the project vicinity above levels existing without the
project?
4) A substantial temporary or periodic increase in ambient x
noise levels in the project vicinity above levels existing
without the project?
5) For a project located within an airport land use plan or, x
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
6) For a project within the vicinity of a private airstrip, would x
the project expose people residing or working in the
project area to excessive noise levels?
Response: 1) Ambient noise levels within the project area along Los Angeles Avenue
are expected to exceed 65 CNEL .
4)Temporary increases in ambient noise levels can be expected during
construction periods. However, City regulations pertaining to hours of
construction will ensure that this impact is less than significant.
Sources: 1,3,4
Mitigation: 1) Installation of sound walls along Los Angeles Avenue. See mitigation
monitoring program for further details.
4) None
L. POPULATION AND HOUSING — Would the project:
1) Induce substantial population growth in an area, either x
directly ( for example, by proposing new homes and
businesses) or indirectly ( for example, through
extension of roads or other infrastructure)?
2) Displace substantial numbers of existing housing, X
necessitating the construction of replacement housing
elsewhere?
3) Displace substantial numbers of people, necessitating the X
construction of replacement housing elsewhere?
��v
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
Response: This project will have a beneficial impact of helping to achieve housing goals
in support of the Housing Element of the General Plan.
Sources: 3
Mitigation: None required.
M. PUBLIC SERVICES
1) Would the project result in substantial adverse physical
impacts associated with the provision of new or
physically altered governmental facilities, need for new
or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:
Fire protection?
x
Police protection?
x
Schools?
x
Parks?
x
Other public facilities?
x
Response: While some incremental impact on public services is to be expected, the
impacts are not significant.
Sources: Site Plans, Project Description
Mitigation: None required.
N. RECREATION
1) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
2) Does the project include recreational facilities or require
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
X
X
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Im
Response: This project will have no impact on recreational resources.
Sources: Project plans, Project Description
Mitigation: None required.
O. TRANSPORTATIONITRAFFIC — Would the project:
1) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street
system (i.e., result in a substantial increase in either the
number of vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections)?
2) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways?
3) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safety risks?
4) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
5) Result in inadequate emergency access?
6) Result in inadequate parking capacity?
7) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
Response: This project will have no impacts on transportation facilities or traffic
patterns.
Sources: Site Plans, Project Description
Mitigation: None required.
LU
X
X
X
X
X
X
X
P. UTILITIES AND SERVICE SYSTEMS — Would the project:
1) Exceed wastewater treatment requirements of the X
applicable Regional Water Quality Control Board?
2) Require or result in the construction of new water or X
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
Potentially
Significant
Impact
3) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
4) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed?
5) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the providers existing
commitments?
6) Be served by the landfill with sufficient permitted capacity
to accommodate the project's solid waste disposal
needs?
7) Comply with federal, state, and local statutes and
regulations related to solid waste?
Less Than
Significant Less Than
With Significant No
Mitigation Impact Impact
X
Response: This project proposes the "boxing" of an open storm drain channel into a 4
foot culvert. This improvement will be engineered to accommodate
anticipated flows, and therefore does not reflect a significant impact.
Sources: Project Plans
Mitigation: None required
Q. MANDATORY FINDINGS OF SIGNIFICANCE
1) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self- sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history of prehistory?
2) Does the project have impacts that are individually limited,
but cumulatively considerable? ( "Cumulatively
considerable" means that the incremental effect of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and effects of probable future projects)?
3) Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
13
X
X
X
X
X
X
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact impact
Response: Mitigation measures will be impose that will enable the project to reduce any
potential impacts to a level of insignificance.
Sources: 1,3,4
Earlier Environmental Documents Used in the Preparation of this Initial Study
Initial Study /Mitigated Negative Declaration for Tract 5307 and associated projects dated
March 4, 2002.
Additional Project References Used to Prepare This Initial Study
1.
2.
3.
4.
5.
6.
7.
One or more of the following references were incorporated into the Initial Study by
reference, and are available for review in the Community Development Office, City Hall,
799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the
Response Section of the Initial Study Checklist.
Traffic Noise Study Report for the Colmer Residential Department dated March 14, 2001.
Comments received from (departments) in response to the Community Development
Department's request for comments.
The City of Moorpark's General Plan, as amended.
The Moorpark Municipal Code, as amended.
The City of Moorpark Procedures for the Implementation of the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872
Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title
14 Section 15000 et. seq.
Ventura County Air Quality Assessment Guidelines, November 14, 2000.
14 C �J J10Gt
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 2002 -04, A CHANGE IN LAND USE
DESIGNATION FROM M (MEDIUM DENSITY RESIDENTIAL)
TO VH (VERY HIGH DENSITY RESIDENTIAL) ON PROPERTY
LOCATED AT THE NORTHWEST CORNER OF MILLARD AVENUE
AND LOS ANGELES AVENUE, ON THE APPLICATION OF
COLMER DEVELOPMENT COMPANY AND THE CITY OF
MOORPARK.
WHEREAS, on October 2, 2002, Resolution No. 2002 -2015 was
adopted by the City Council, initiating General Plan Amendment
No. 2002 -04, to amend the Land Use Designation from M (Medium
Density Residential) to VH (Very High Density Residential) , on
property located at the northwest corner of Millard Avenue and
Los Angeles Avenue; and
WHEREAS, at a duly noticed Public Hearing on October 14,
2002, the Planning Commission adopted Resolution No. PC- 2002 -431
recommending to the City Council approval of General Plan
Amendment 2002 -03; and
WHEREAS, at a duly noticed public hearing on November 6,
2002, the City Council considered General Plan Amendment No.
2001 -04, opened the public hearing and took public testimony and
closed the public hearing; and
WHEREAS, the City Council, after review and consideration
of the information contained in the City Council staff report,
and testimony received, reached a decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council
finds and declares as follows:
A. The Mitigated Negative Declaration and Initial Study for
the project is complete and has been prepared in compliance
with CEQA, and City policy.
B. The City Council has considered information in the
environmental document in its deliberations of the project
before making a decision concerning the project and the
Negative Declaration.
CC ATTACHMENT 2
`�' ,G'' 1
RESOLUTION NO. 2002 -
Page 2
C. The Mitigation Measures of this project have been
incorporated into the project conditions of the
accompanying Tentative Tract Map and Residential Planned
Development.
D. The City Council's approval of the project and the
Mitigated Negative Declaration represents an independent
action based upon the City Council's independent judgment.
SECTION 2. GENERAL PLAN LAND USE MAP: The General Plan Land
Use Map is amended as proposed in Exhibit "A" attached hereto.
SECTION 4. CERTIFICATION OF ADOPTION: 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 6TH DAY OF NOVEMBER, 2002.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit A: General Plan Exhibit Map
fir..
4.a
co
Vi
Exhibit A
General Plan Amendment Map
M
LOS ANGELES AVENUE
I'j
M
L
L
A
R
D
s
T
E
E
T
Note: drawing not to scale
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONE CHANGE NO. 2002 -04 FOR A CHANGE OF
ZONE FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO RPD
9.1 DWELLING UNITS /ACRE ON 0.33 ACRES OF PROPERTY
LOCATED AT THE NORTHWEST CORNER OF MILLARD AVENUE
AND LOS ANGELES AVENUE
WHEREAS, on October 2, 2002, Resolution No. 2002 -2015 was
adopted by the City Council, initiating Zone Change No. 2002 -04,
to amend the Zoning Designation from R -1 (Single Family
Residential) to RPD -9.1U (Residential Planned Development - 9.1
Units per Acre) , on property located at the northwest corner of
Millard Avenue and Los Angeles Avenue; and
WHEREAS, after holding a duly noticed Public Hearing on
October 14, 2002, the Planning Commission adopted Resolution No.
PC- 2002 -231 recommending to the City Council approval of
amendments to the Zoning Map; and
WHEREAS, at its meeting of November 6, 2002, the City
Council conducted a public hearing, took public testimony,
closed the public hearing and reached its decision; and
WHEREAS, on November 6, 2002, the City Council found the
Mitigated Negative Declaration and Initial Study for the project
to be complete and prepared in compliance with CEQA and City
policy; and
WHEREAS, the City Council has considered information in the
environmental document in its deliberations of the project
before making a decision concerning the project and the Negative
Declaration; and
WHEREAS, the City Council's approval of the project and the
Negative Declaration represents an independent action based upon
the City Council's independent judgment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The Zoning Map described and referenced in
Chapter 17.12 of Title 17, Zoning, of the Municipal Code of the
CC ATTACHMENT 3
ORDINANCE NO. 287
Page 2
City of Moorpark is hereby amended as shown in Exhibit "A"
attached hereto.
SECTION 2. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinances of said City; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark
Star a newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which
is hereby designated for that purpose.
PASSED AND ADOPTED this day of , 2002.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachments: Exhibit A: Zone Change Exhibit Map
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RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MAJOR MODIFICATION
NO. 1 TO TENTATIVE TRACT MAP No. 5207 AND MINOR
MODIFICATION NO. 1 TO RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 2001 -01 FOR A SITE LOCATED
AT THE NORTHWEST CORNER OF MILLARD AVENUE AND LOS
ANGELES AVENUE, ON THE APPLICATION OF COLMER
DEVELOPMENT COMPANY AND THE CITY OF MOORPARK
WHEREAS, at a duly noticed public hearing on October 14,
2002, the City of Moorpark Planning Commission adopted Resolution
No. PC- 2002 -431, recommending to the City Council approval of
Major Modification No. 1 to Tentative Tract Map 5307 and Minor
Modification No. 1 to Residential Planned Development Permit
(RPD) No. 2001 -01 on the application of Colmer Development
Company and the City of Moorpark to allow the addition of 0.33
acres of land located at the northwest corner of Millard Avenue
and Los Angeles Avenue to be subdivided into three (3) lots and
to be developed with three (3) single family detached residential
units; and
WHEREAS, at a duly noticed public hearing on November 6,
2002, the City Council considered Major Modification No. 1 to
Tentative Tract Map 5307 and Minor Modification No. 1 to
Residential Planned Development Permit (RPD) No. 2001 -01; and
WHEREAS, at its meeting of November 6, 2002, the City
Council conducted a public hearing, received public testimony,
and closed the public hearing.
WHEREAS, the City Council after review and consideration of
the information contained in the staff report and public
testimony has reached a decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. GENERAL PLAN AND ZONING CONSISTENCY: The City
Council does hereby find that the aforementioned Major
Modification to the Tentative Tract Map, and Minor Modification
to the Residential Planned Development are consistent with the
City's General Plan Zoning Map, subject to the approval of
General Plan Amendment No. 2002 -04 and Zone Change 2002 -04.
SECTION 2. ENVIRONMENTAL DOCUMENTATION: The City Council
finds and declares as follows:
S: \Community Development \DEV PMTS \T T M \5307 \Resolutions- Conditions \021106 cc reso ttmrpd.doc
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Resolution No. 2002 -
Page 2
A. The Mitigated Negative Declaration and Initial Study for the
project is complete and has been prepared in compliance with
CEQA, and City policy.
B. The City Council has considered information in the
environmental document in its deliberations of the project
before making a decision concerning the project and the
Mitigated Negative Declaration.
C. The Mitigation Measures of this project have been
incorporated into the project conditions.
D. The City Council's approval of the project and the Mitigated
Negative Declaration represents an independent action based
upon the City Council's independent judgment.
SECTION 3. SUBDIVISION FINDINGS: The City Council hereby
adopts the following findings:
Modification to Tentative Tract Map No. 5307, with
imposition of the attached special and standard conditions, meets
the requirements of California Government Code Sections 66473.5,
66474, 66474.6, and 66478.1 et seq., in that:
A. The proposed map is consistent with the City of Moorpark
General Plan and Zoning Ordinance.
B. That the design and improvements of the proposed subdivision
is consistent with the City of Moorpark General Plan.
C. The site is physically suitable for the type of development
proposed.
D. The site is physically suitable for the proposed density of
development.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage.
F. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems.
G. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivision.
H. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seq.
I. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir.
Resolution No. 2002 -
Page 3
SECTION 4. RESIDENTIAL PLANNED DEVELOPMENT PERMIT FINDINGS:
The City Council hereby adopts the following findings:
The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance, in
that:
A. The proposed project is compatible with the character of
surrounding development.
B. The proposed project would not be obnoxious or harmful, or
impair the utility of neighboring property or uses.
C. The proposed project would not be detrimental to the public
interest, health, safety, convenience, or welfare.
D. The proposed project is compatible with existing and planned
land uses in the general area where the development is to be
located.
E. The proposed project is compatible with the scale, visual
character and design of the surrounding properties, designed
so as to enhance the physical and visual quality of the
community, and the structure(s) have design features which
provide visual relief and separation between land uses of
conflicting character.
SECTION 5. CITY COUNCIL APPROVAL:
A. The City Council hereby approves Major Modification 1 to
Tentative Tract Map No. 5307 and Minor Modification No 1 to
Residential Planned Development 2001 -01 subject to the
following special conditions of approval:All conditions of
approval of Tentative Tract Map No. 5307 and Residential
Planned Development Permit No. 2001 -01 shall continue to
apply, and unless specifically directed to particular lots,
shall apply to the additional 0.33 acres of land, except as
amended herein.
1. Conditions of Residential Planned Development No. 2001-
01 and Tentative Tract 5307 which apply to all lots
adjacent to Los Angeles Avenue shall apply to Lots 23,
24 and 25 as well, unless the Director of Community
Development determines otherwise.
2. This approval permits the addition of 0.33 acres of
land to Tentative Tract Map No. 5307, for the purpose
of creating an additional three (3) lots within the
tract. These additional lots will be used for the
construction of affordable housing units. Income
levels for prospective buyers of these units shall be
determined by the City of Moorpark.
Resolution No. 2002 -
Page 4
3. Lots 23, 24, and 25 shall be developed with Plan 3,
approved as part of Residential Planned Development No.
2001 -01. The exterior building treatment for each unit
shall be sufficiently different, as determined by the
Community Development Director, so as to be distinct
from one another.
4. The perimeter wall of Tract 5307 shall be extended to
encompass the additional acreage. The extended wall
shall be constructed of the same materials with the
same treatments as the rest of the tract. The wall
height shall be the same as the rest of the tract,
except as noted herein.
5. The sound wall along Los Angeles Avenue shall be
constructed of decorative block, with variation in
color, texture and mass to create visual interest and
soften the appearance. "Pilaster" elements
incorporating different colors and textures shall be
incorporated into the wall at least every 25 feet to
break up the wall mass. Wall plans are subject to the
approval of the Community Development Director. Wall
pockets along Los Angeles Avenue shall be deleted. An
appropriate planting palette, subject to the approval
of the Community Development Director, shall be
utilized to soften the appearance of the sound wall.
Plant material used shall have low water demands and
low maintenance needs.
6. Access to lots 23, 24, and 25 shall be through a 20-
foot wide common driveway. Entrance to the driveway
from "A" street shall be via a raised curb with
driveway apron. This driveway shall extend only far
enough to provide access to lot 25, but shall not
connect, or appear to connect, to Millard Street.
Precise design shall be to the satisfaction of the
Community Development Director and the City Engineer.
The applicant shall submit a reciprocal access and
maintenance agreement, subject to the approval as to
form by the City Attorney. The agreement shall be
recorded on lots 23, 24, and 25.
7. A "hammerhead" turn - around area shall be located at the
easterly end of "A" street. This shall meet the
standards of the Fire Department, and shall be striped
and signed, to the satisfaction of the Fire Department
and the City Engineer, as a "No Parking" area.
8. The existing storm drain easement at the west side of
Lot 23 shall be covered and graded to the level of the
pad on Lot 23. This area shall be restricted to
disallow construction or permanent improvements within
Resolution No. 2002 -
Page 5
it to ensure accessibility to the culvert for
maintenance purposes.
9. The sidewalk along Los Angeles Avenue shall may be
reduced to a minimum width of 5 feet, with the approval
of the Community Development Director and the City
Engineer, providing areas suitable for the planting of
trees and shrubs along the right of way. The location
of the sidewalk shall be approved by the Community
Development Director and the City Engineer.
MITIGATION MEASURE CONDITIONS:
10. Prior to or concurrently with the submittal of building
plans, the Applicant shall provide an acoustical study
report to the Community Development Director that
outlines the proposed program for compliance with the
Noise Element Standards of 65 CNEL (Community Noise
Equivalent Level) for exterior locations within the
development and 45 CNEL for interior locations within
the dwelling.
11. The applicant shall construct a sound wall along the
southern property line of lots 1 through 11, and lots
23 through 25, along Los Angeles Avenue. The top of
the sound wall must be 9.5 feet above the centerline
surface of Los Angeles Avenue for lots 1 and 2, 10.5
feet above the centerline for lots 3 though 9, 11.5
feet above the centerline for lots 10 and 11, and 12.5
above the centerline for lots 23 through 25. The
applicant shall construct a 5 to 6 foot wide planter
between the wall and Los Angeles Avenue. This planter
shall be planted in accordance with Condition No. 4,
above.
12. The sound wall shall extend at least 20 feet to the
north on the west side of lot 1, and at least 20 feet
to the north on the east side of lot 25. These
extensions shall then transition gradually down in
height to a standard 6 feet.
13. To reduce the interior noise
glass thickness of 3/16 -inch
wall of 5/8 -inch gypsum bo
filled cavity, 7/8 -inch lath
single family residential
installed.
levels, a minimum window
and a standard exterior
ard, 3.5 -inch fiberglass
and stucco, typical for
developments shall be
14. All second story windows along Los Angeles Avenue, as
well as the Flory side of lot 1 and the Millard side of
lot 25, shall be Milgard type 5120 double glazed window
assemblies or an equivalent with a minimum STC 33
rating.
00 e 6
Resolution No. 2002 -
Page 6
15. All rear and side entry doors of the homes on Lots 1
through 11, and lots 22 through 25, shall be gasketed
(jamb, head, sill) with interlocking or tube -type
compression weather - stripping, or an effective
equivalent.
16. All exterior vents on the homes on Lots 1 through 11,
and lots 22 through 25, shall be directed away from Los
Angeles Avenue in order to reduce noise transmissions
into the house through vents and ducts.
17. The applicant shall prepare an addendum to the
previously prepared hydrology study, if deemed
necessary by the City Engineer, to determine the
appropriate size of the culvert. The culvert shall be
constructed to the satisfaction of the City Engineer.
B. The City Council approves Major Modification 1 to Tentative
Tract Map No. 5307 and Minor Modification No 1 to
Residential Planned Development 2001 -01 subject to the
standard conditions of approval in Exhibit A (Standard
Conditions of Approval) , attached hereto and incorporated
herein by reference.
SECTION 6. 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 6th day of November, 2002.
Patrick Hunter, Mayor
ATTEST:
uenoran ,�. '1'rairensteat, city Clerk
Exhibit A: Standard Conditions of Approval
Exhibit B: Mitigation Monitoring Program
Resolution No. 2002 -
Page 7
EXHIBIT A
STANDARD CONDITIONS OF APPROVAL
MAJOR MODIFICATION NO. 1
TO TENTATIVE TRACT MAP NO. 5307
AND MINOR MODIFICATION NO. 1 TO
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01
A. GENERAL CONDITIONS OF APPROVAL:
1. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his /her heirs, assigns, and
successors of the conditions of this Map. A notation, which
references conditions of approval, shall be included on the
Final Map in a format acceptable to the Community
Development Director and the City Engineer.
2. Conditions of this entitlement shall not be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. The approved Mitigation' Monitoring and Reporting
Program is included as an attachment to the approving
resolution, and all mitigation measures are requirements of
the Tentative Tract Map and Residential Planned Development
Permit, as applicable.
3. All mitigation measures contained within the approved
Mitigation Monitoring Report and Program (MMRP) are hereby
adopted as requirements of the Tentative Map, as applicable.
Where conflict or duplication between the MMRP and the
conditions of approval occurs and applicability for
compliance is questioned by the Developer, the Community
Development Director shall determine the applicable
condition compliance requirements for each phase of
development.
4. Berms and /or low retaining walls shall be utilized
intermittently within the landscape planter areas along Los
Angeles Avenue to add visual interest and soften the
appearance of the sound walls, subject to the approval of
the Community Development Director and the City Engineer.
5. Prior to the issuance of building permits, a landscape plan
shall be prepared on the approved grading plan and submitted
to the City for review, and approved by the Community
Development Director.
6. Prior to the issuance of final occupancy for the first unit,
the approved landscape plan shall be implemented, and be
found to be in substantial compliance with the plan approved
by the Community Development Director.
Resolution No. 2002 -
Page 8
RWRTRTT R
MITIGATION MONITORING PROGRAM
MONITORING AND REPORTING REQUIREMENT FOR MITIGATION MEASURES:
1. Prior to the issuance of a grading permit, the City Engineer
shall provide verification to the Community Development
Director, that the proposed culvert to be placed in the
storm drain easement along the west side of Lot 22 is
properly sized to handle the expected flow.
2. Prior to the release of grading or improvement bonds the
City Engineer shall verify that the construction of this
culvert is satisfactory.
3. Prior to issuance of a building permit, the Building
Official shall provide verification to the Community
Development Director that the building permit plans comply
with all noise mitigation measures imposed as conditions of
approval.
4. Prior to occupancy of each unit, the Building Official shall
ensure, by physical inspection, the compliance with these
plans.
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