Loading...
HomeMy WebLinkAboutAGENDA REPORT 2020 1007 CCSA SPC ITEM 06A SUPPLEMENTALMOORPARK CITY COUNCIL SUPPLEMENTAL AGENDA REPORT TO: Honorable City Council FROM: Karen Vaughn, Community Development Director DATE: 10/07/2020 Special Meeting SUBJECT: Consider a Resolution Adopting a Mitigated Negative Declaration and Approving Residential Planned Development Permit No. 2018-01, an Ordinance Approving Development Agreement No. 2018-01, and a Resolution Approving Disposition and Development Agreement No. 2018-01, for a Mixed-Use Development Consisting of 79 Residential Units, 13,628 Square Feet of Commercial Floor Area, and Associated Land Improvements Located at 226 High Street in the Downtown Specific Plan Area, Based on Findings and Subject to Conditions of Approval, on the Application of Daly Group, Inc. SUPPLEMENTAL INFORMATION AND CORRESPONDENCE Subsequent to the publication of the agenda packet, staff found that the CEQA Mitigation Monitoring and Reporting Program (MMRP) was not attached as an Exhibit to the Resolution Adopting the MND, MMRP and Approving the Residential Planned Development Permit. All of the environmental impacts and mitigations measures are enumerated in the Final ISMND itself; just the MMRP matrix is missing. That is included as Attachment 1 herein. Attachment 2 includes all of the public correspondence received regarding the project and the environmental analysis. Rincon Consultants prepared a response letter (Attachment 3) addressing comments on the environmental analysis for the project. Attachment 1: CEQA MMRP Attachment 2: Correspondence received Attachment 3: Rincon Consultants – Response to Advocates for the Environment October 12, 2020 Letter re: the High Street Station Mixed Use Development IS-MND Item: 6.A. SUPPLEMENTAL 1 Appendix K Mitigation Monitoring and Reporting Program EXHIBIT B ATTACHMENT 1 2 Mitigation Monitoring and Reporting Program Initial Study – Mitigated Negative Declaration Project Nos. RPD2018-01and ZC2018-01 1 Mitigation Monitoring and Reporting Program Introduction This document is the Mitigation Monitoring and Reporting Program (MMRP) for the High Street Station Mixed Use Development Project (proposed project), located along the south site of High Street in Moorpark, California. Public Resources Code Section 21081.6(a) requires that a Lead Agency adopt an MMRP before approving a project in order to mitigate or avoid significant impacts that have been identified in an Initial Study – Mitigated Negative Declaration (IS-MND). The purpose of the MMRP is to ensure that the required mitigation measures identified in the IS-MND are implemented as part of overall project implementation. In addition to ensuring implementation of mitigation measures, the MMRP provides feedback to agency staff and decision-makers during project implementation, and identifies the need for enforcement action before irreversible environmental damage occurs. The following table summarizes the mitigation measures for each issue area identified in the IS- MND for the proposed project. The table identifies each mitigation measure; the action required for the measure to be implemented; the time at which the monitoring is to occur; the monitoring frequency; and the agency or party responsible for ensuring that the monitoring is performed. In addition, the table includes columns for compliance verification. Where an impact was identified to be less than significant, no mitigation measures were required. This MMRP will be used by the City of Moorpark Community Development Department to determine compliance with mitigation measures included in the IS-MND. 3 City of Moorpark High Street Station Mixed Use Development Responsible When Compliance Ver ification Agency or Monitoring to Monitoring Impact Mitigation Measure Action Party Occur Frequency Initial Date Comments Biological Resources Have a substantial adverse effect on any species identified as a candidate, sensitive, or special status species 2 BI0-1 Habitat Modification (Nesting Birds, Non- Hillside or Urban Areas) Migratory nongame native bird species are protected by international treaty under the Federal Migratory Bird Treaty Act (MBTA) of 1918 (50 C.F.R. Section 10.13). Sections 3503, 3503.5, and 3513 of the California Fish and Game Code prohibit take of all birds and their active nests including raptors and other migratory nongame birds (as listed under the Federal MBTA). Because construction may occur during the bird breeding season (February 1 to August 31), the project is subject to bird survey requirements. Pre­ construction nesting bird surveys shall be conducted to determine the locations of nesting birds. Bird surveys shall include a minimum of three nesting bird surveys to be conducted by a qualified biologist, over a two­ week period with the third survey occurring no more than three days prior to the start of vegetation clearing. The nesting bird survey area shall include a buffer around the grading limits and land clearing limits of S00 feet to accommodate potential raptors that could be affected. If an active bird nest is found prior to land clearing activities, a maximum 300-foot buffer (depending on the species and noise and site conditions) shall be established surrounding the nest(s) and shall be flagged for avoidance. If any active raptor nests are found, a buffer area of 250 to 500 feet from the nest shall be established until after the young have fledged (i.e., the birds are no longer reliant on the nest). The avoidance buffer area for nesting birds may be reduced upon the approval of the monitoring biologist as determined by the species nesting and the activity being conducted. If an active nest of a special­ status bird species is found, a suitable buffer area of 200 to 500 feet from the nest (depending on the status of the species) shall be established until the nest becomes inactive. If initial ground disturbing activities occur during the breeding bird nesting season, verify that a qualified biologist has performed nesting bird surveys City of Moorpark Within 2 weeks prior to construction, with the third survey occurring no more than three days and prior to the start of vegetation clearing Three surveys prior to construction If active nests a re present, during land clearing activities and/or construction activities Mitigation Monitoring and Reporting Program Responsible When Compliance Verification Agency or Monitoring to Monitoring Impact Mitigation Measure Action Party Occur Frequency Initial Date Comments Cultural Resources Cause a substantial adverse change in the significance of an archaeological resource If no active nests are identified during pre-construction nesting bird surveys, land clearing activities may commence with no limitation. If active bird nests are found and avoidance buffers are established prior to or during construction, a biologist shall monitor the active nest(s) during land clearing activities and/or construction activities to determine whether the recommended avoidance buffers are adequate to ensure that nesting activities are not being stressed or jeopardized. Land disturbance may occur within the avoidance buffer area(s) only after the young have fledged (i.e., the birds are no longer reliant on the nest) as determined by the monitoring biologist. The methods and results of the nesting bird survey(s), any nesting bird avoidance efforts as a result of those surveys, and the success of the avoidance buffers shall be documented in a letter report (Nesting Bird Survey and Active Nest Monitoring Report) and shall be submitted to the City no later than three weeks following the completion of active nest monitoring activities. CUL-1 Cultural Resources During ground-disturbing activities, an archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology (National Park Service 1983) shall monitor excavation and ground­ disturbing activities within native soils that have not been previously disturbed. If cultural resources are encountered during excavation and/or ground­ disturbing activities, work in the immediate area must halt, and a Native American representative who is ancestrally related to the project area must be contacted immediately to evaluate the find and consult with the City of Moorpark and the archaeologist. If the discovery proves to be significant under the National Historic Preservation Act, additional work such as data recovery excavation may be warranted. Initial Study -Miti�ated Ne�ative Declaration Field verification to confirm that if archaeological resources are encountered, appropriate measures are implemented Project Nos. RPD2018-0l, ZC2018-0l, DDA2018-0l and DA2018-0l City of Moorpark During construction As needed City of Moorpark High Street Station Mixed Use Development Responsible When Compliance Verification Agency or Monitoring to Monitoring Impact Mitigation Measure Action Party Occur Frequency Initial Date Comments Disturb any human remains, including those interred outside of formal cemeteries 4 CUL-2 Archaeological Resources The discovery of human remains is always a possibility during ground-disturbing activities. If human remains are found, the state of California Health and Safety Code Section 70S0.S states that no further disturbance shall occur until the Ventura County coroner has made a determination of origin and disposition pursuant to Public Resources Code (PRC) Section 5097.98. In the event of an unanticipated discovery of human remains, the County coroner must be notified immediately. If the human remains are determined to be prehistoric, the coroner will notify the NAHC, which will determine and notify an MLD. The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. CUL-3 Human Remains If human remains are encountered unexpectedly during construction demolition and/or grading activities, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to California Public Resources Code (PRC) Section 5097.98. In the event that human remains are discovered during excavation activities, the following procedure shall be observed: Stop immediately and contact the Ventura County Coroner/Medical Examiner. If the remains are determined to be of Native American descent, the Coroner has 24 hours to notify the Native American Heritage Commission (NAHC). •The NAHC will immediately notify the person it believes to be the Most Likely Descendent (MLD) of the deceased Native American. •The MLD has 48 hours to make recommendations to the project applicant, or representative, for the Field verification to confirm that if paleontological resources are encountered, appropriate measures are implemented Field verification to confirm that if human remains are encountered, appropriate measures are implemented City of Moorpark City of Moorpark During construction During construction As needed As needed 6 Mitigation Monitoring and Reporting Program Responsible When Compliance Verification Agency or Monitoring to Monitoring Impact Mitigation Measure Action Party Occur Frequency Initial Date Comments Geology and Soils Expose people or structures to seismic-related ground failure, including liquefaction Be located on a geologic unit or soil that is made unstable as a result of the project, and potentially result in on or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse treatment or disposition, with proper dignity, of the human remains and grave goods. If the project applicant does not accept the descendant's recommendations, the project applicant or the descendent may request mediation by the NAHC. GE0-1 Ground Improvement In accordance with recommendations made by the geohazard report, the applicant shall complete ground improvement activities to reduce the potential for liquefaction and dry seismic settlement on-site to near two inches of total settlement and one inch of differential settlement. The ground improvement options are as follows: •Vibro Replacement (VR, also referred to as "stone columns") consists of advancing a vibroflot to the selected depth (approximately 50 feet for the project site) using a combination of the weight of the vibroflot assembly and vibration; or •Deep Soil Mixing (DSM) utilizes a large diameter auger mounted to a large drill rig or crane to advance the auger to the target depth. Cement is mixed into the soil at a regulated rate of around 10 percent and mixed by the auger using several up and down passes of the auger. The amount of cement added to the soil is determined by laboratory testing and/or previous experience to optimize the soil strength versus amount of cement utilized. A specialty ground improvement contractor shall prepare a site-specific ground improvement plan (GIP) that indicates the method and depth of treatment, size and spacing of the ground improvement columns, quality control procedures, and post-treatment CPT testing program (assuming VR method) to document ground improvement has densified the soils to reduce settlement during a seismic event to acceptable levels. Initial Study -Miti�ated Ne�ative Declaration Verification of compliance with requirements during grading plan review Project Nos. RPD2018-0l, ZC2018-0l, DDA2018-0l and DA2018-0l City of Moorpark Prior to issuance of grading permit Once 5 7 City of Moorpark High Street Station Mixed Use Development Responsible When Compliance Verification Agency or Monitoring to Monitoring Impact Mitigati on Measure Action Party Occur Frequency Initial Date Comments 6 Would the project result in substantial soil erosion or the loss of topsoil? The GIP shall be reviewed and approved by the City of Moorpark's geotechnical reviewer prior to issuance of grading permits. GE0-2 Stormwater Infiltration In accordance with recommendations made by the geohazard report, the applicant shall locate any on-site concentrated stormwater infiltration basins at least 100 feet away from project structural elements and off-site improvements (i.e., buried utilities) that could be impacted by settlement. Alternatively, the applicant may instead use a diffuse infiltration system that does not concentrate infiltration in a specific location. GE0-3 Impacts Erosion/Grading/Short-Term Construction The applicant shall provide staked signage at the site with a minimum of three-inch lettering containing contact information for the City Engineer (Department of Public Works) and the haul ing or general contractor. Excavation and grading activities shall be scheduled during dry weather periods, if possible. If grading occurs during the rainy season (October 15 through April 1), diversion dikes shall be constructed to channel runoff around the site. Channels shall be lined with grass or roughened pavement to reduce runoff velocity. •Stockpiles, excavated, and exposed soil shall be covered with secured tarps, plastic sheeting, erosion control fabrics, or treated with a bio­ degradable soil stabilizer. Hazards and Hazardous Materials Be located on a site included on a list of hazardous material sites and create a significant HA2-1 Soil Sampling and Soil Vapor Assessment Within 30 days of the project applicant acquiring the project site from the City of Moorpark and prior to issuance of a grading permit, a shallow soil sampling assessment shall be conducted on the southern portion of the site as close to the railroad tracks as Verification of compliance with requirements during building plan review Verification of compliance with requirements prior to and during construction Submittal of letter report to the City of Moorpark summarizing results of soil sampling and soil vapor City of Moorpark City of Moorpark City of Moorpark Prior to issuance of building permit Prior to excavation and ground disturbance Verification during construction Prior to issuance of grading and building permits Once Once, verification as needed Once, prior to construction 8 Mitigation Monitoring and Reporting Program Responsible When Compliance Verification Agency or Monitoring to Monitoring Impact Mitigati on Measure Action Party Occur Frequency Initial Date Comments hazard to the public or the environment possible, but not within the railroad right-of-way (i.e., assessment within 30 feet of the railroad tracks), to evaluate the adjacent railroad tracks and determine if hydrocarbons, metals, herbicides, and semi volatile organic compounds from the railroad activities are present in the shallow soil near the railroad tracks. Contaminated soil identified during sampling activities shall be removed and stored in appropriate waste containers, which shall be stored in a secure location such that no person will come into contact with contaminated materials. Any contaminated soil shall be stored in a roll-off bin or similarly-covered container. The handling and transport of waste shall be conducted in accordance with applicable local, state and federal regulations, including the USEPA Resource Conversation and Recovery Act (40 CFR Part 262), Federal and State Occupational Safety and Health Administrations, Federal and State Departments of Transportation, and DTSC (CFR Title 22). Any contaminated soils determined to be hazardous or non-hazardous waste must adequately profiled (sampled) prior to acceptable re-use or disposal at an appropriate off-site facility. Complete sampling and handling and transport procedures for reuse or disposal shall be compl eted in accordance with applicable local, state, and federal laws and policies. In addition, a shallow vapor sampling assessment shall be conducted on the western portion of the site adjacent to the former gasoline station (now the Chamber of Commerce building) to determine if there is VOC-impacted soil vapor migrating beneath the site from the adjacent property. The soil vapor survey shall be performed according to the applicable standards of the DTSC and Cal EPA. If the investigations indicate that any soil exceeds federal, state, or local regulatory action levels, then the soil shall be remediated to applicable agency standards through soil removal and disposal efforts. Initial Study -Miti�ated Ne�ative Declaration Project Nos. RPD2018-0l, ZC2018-0l, DDA2018-0l and DA2018-0l 7 City of Moorpark High Street Station Mixed Use Development Responsible When Compliance Ver ification Agency or Monitoring to Monitoring Impact Mitigation Measure Action Party Occur Frequency Initial Date Comments Noise Result generation of a substantial temporary or permanent increase in ambient noise levels 8 N-1 Construction Noise •Operate all diesel equipment with closed engine doors and equip all diesel equipment with mufflers that reduce construction equipment noise by at least S dBA. For stationary equipment, designate equipment areas with appropriate acoustic shielding on building and grading plans and locate these areas to maximize the distance between the activity and the existing commercial uses. Equipment and shielding will be installed prior to construction and remain in designated location throughout construction activities. Appropriate acoustic shielding shall completel y obscure the noise source from sensitive receptors along the north side of High Street. The shielding shall be non­ reflective and shall composed of sound absorbing materials like vinyl, polyester, wool, woven fiberglass, or wood.•Electrical power shall be used to run to run air compressors and similar power tools and to power any temporary structures, such as construction trailers. Require all contractors, as a condition of contract, to maintain and tune-up all construction equipment to minimize noise emissions and provide monthly reports documenting equipment maintenance activities. Erect temporary sound barriers along the northern boundary of the project site between active on-site construction work using heavy equipment and adjacent receivers (commercial properties). Such barriers will be of sufficient height to break the line-of-sight between noise­ generating equipment and the noise-sensitive receiver, and will be continuous with no gaps or holes between panels or the ground. Temporary sound barriers may include noise curtains, sound blankets, or solid temporary barriers. Field verification and noise surveys to determine whether the noise control measures are achieving necessary noise reductions Project applicant/City of Moorpark During construction activities Periodically throughout construction 10 Mitigation Monitoring and Reporting Program Responsible When Compliance Verification Agency or Monitoring to Monitoring Impact Mitigation Measure Action Party Occur Frequency Initial Date Comments The applicant shall retain a City-approved noise consultant to conduct a noise survey at the beginning of each phase of construction (i.e., demolition, site preparation, grading, building construction, paving, and architectural coating) and when the equipment mix changes significantly (e.g., heavy-duty pieces of equipment begin to be utilized during a certain phase that differ from those utilized during the start of that phase). Noise monitoring shall occur over the course of the first full day of construction activities and shall commence at the start of daily construction activities (including equipment warm-up) and end when all heavy­ duty equipment has been shut down for the day. If the noise survey measures construction noise levels that are within 3 dBA of the limits specified in Moorpark Municipal Code Section 17.53.070, Tables 1, 2, and 2A, the noise consultant shall conduct continuous monitoring during construction activities over the course of three consecutive days to verify noise levels. If the noise limits specified in Moorpark Municipal Code Section 17.53.070, Tables 1, 2, and 2A are exceeded, significant noise-generating construction activities shall halt, and the applicant shall develop a noise control plan that includes additional noise reduction measures, including but not limited to installing sound barriers of greater height and scheduling construction activities such that fewer pieces of construction equipment are in operation at any given time. Upon completion of the noise control plan, construction activities shall recommence with implementation of the additional noise control measures, at which time the noise consultant shall perform an additional noise survey to evaluate the effectiveness of the additional measures. The noise consultant shall prepare a brief memorandum summarizing the results of the noise survey conducted for each Initial Study -Miti�ated Ne�ative Declaration Project Nos. RPD2018-0l, ZC2018-0l, DDA2018-0l and DA2018-0l 11 City of Moorpark High Street Station Mixed Use Development Responsible When Compliance Verification Agency or Monitoring to Monitoring Impact Mitigation Measure Action Party Occur Frequency Initial Date Comments Transportation 10 N-2 HVAC Equipment Noise TRA-1 Area of Contribution {AOC) Fees 12 Mitigation Monitoring and Reporting Program Responsible When Compliance Verification Agency or Monitoring to Monitoring Impact Mitigation Measure Action Party Occur Frequency Initial Date Comments an additional through lane on the southbound approach and provide a left-turn lane, through lane, and right-turn lane on the northbound approach. The project applicant shall pay the AOC and Citywide Traffic Impact Mitigation fees prior to issuance of a certificate of occupancy for the first residential building. Tribal Cultural Resources Cause a substantial adverse change in the significance of a tribal cultural resource TCR-1 Unanticipated Discovery of Tribal Cultural Resources During ground-disturbing activities, an archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology (National Park Service 1983) shall monitor excavation and ground­ disturbing activities within native soils that have not been previously disturbed. If cultural resources are encountered during excavation and/or ground­ disturbing activities, work in the immediate area must halt and a Native American representative who is ancestrally related to the project area must be contacted immediately to evaluate the find and consult with the City of Moorpark and the archaeologist as to the treatment of the find which may determine additional measures to avoid or reduce impacts to the resource are required. These additional measures to avoid or reduce impacts shall be determined on a case by case basis and approved by the City's Community Development Director. Initial Study -Miti�ated Ne�ative Declaration Field verification to confirm that if tribal cultural resources are encountered, appropriate measures are implemented Project Nos. RPD2018-0l, ZC2018-0l, DDA2018-0l and DA2018-0l City of Moorpark During construction As needed 11 City of Moorpark High Street Station Mixed Use Development 12 This page intentionally left blank. 14 ATTACHMENT 2 October 5, 2020 Karen Vaughn, Community Development Director City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 Via U.S. Mail and email co KVaughn@MoorparkCA.gov re: Approval of High Street Station project, Moorpark City Council meeting, October 7, 2020 -Residential Planned Development Permit No. 2018-01, Development Agreement No. 2018-01, and Disposition and Development Agreement No. 2018-01 and associated IS/MND and MMRP Dear Ms. Vaughn: I write to comment on the City ofMoorpark's proposal to approve the High Street Station Mixed Use Development project (the Project). I oppose the Project on behalf of our client, the Committee to Preserve Historic High Street, and on behalf of Advocates for the Environment. We previously submitted comment letters on the Project; some of the deficiencies pointed out in chose letters have been corrected, and some have not. We incorporate our previous comment letters into chis letter by reference, and offer the following comments in addition: Cultural Resources The Agenda Report from Karen Vaughn, Community Development Director, for the 10/07/2020 Special Meeting (Agenda Report) states chat the "existing gazebo, El Camino Real bell, historic pepper tree marker, and memorial bricks that are currently located near the Bard Street intersection are proposed co be relocated to the frontage of the City-owned Chamber of Commerce site at the western end of the Project." (p. 10.) These are clearly cultural resources of some importance, but the MND fails to analyze the aesthetic and cultural-resources impacts of the move, which is part of the Project. This is a failure of the MND co properly analyze a potentially significant impact. Hazardous Materials There is no reason chat Phase II sampling for soil and soil-gas contamination cannot be done now, and the results incorporated in the MND. Mitigation Measure HAZ-1 is Xl City of Moorpark Page 2 Opposition to Approval of High Street Station Project October 5, 2020 10211 Sunland Blvd., Shadow Hills, CA 91040 (818) 650-0030 X101 dw@aenv.org improperly deferred because it is feasible to do the sampling now, instead of waiting until just before the start of grading. Doing the Phase II sampling now would allow a better MND analysis of soil contamination. Railroad corridors are often contaminated with a variety of toxic chemicals. (See, e.g. https://www.railstotrails.org/build-trails/trail-building- toolbox/acquisition/environmental-contaminants/.) So there is ample reason to be concerned that Hazardous Materials impacts—stirring up contaminated dust during grading—may occur. Noise There is also reason to be concerned about noise from the Project. The MND fails to analyze the impact on High Street of replacing the existing buildings, which provide a barrier between High Street and the Metro rail tracks, with the Project buildings, which may provide a lower level of noise screening. The MND states that the ambient noise on High Street is now 69 dBa, 4 db above the City’s exterior daytime noise standard of 65 dBa. The Project will add noise, through HVAC, additional traffic, and noise generated by residents and customers of the retail establishments. For a cumulative impact where the standards are already exceeded, any increase will be cumulatively considerable, and thus significant, under CEQA. The MND should have mitigated types of operational noise other than just the HVAC noise. Conclusion Unless it corrects the defects outlined in this letter, and in previous comment letters we submitted, the City would violate CEQA by approving this Project. Sincerely, Dean Wallraff, Attorney at Law 16 From: Sharon Noel Sent: Monday, October 5, 2020 3:04 PM To: Janice S. Parvin; cenegran@moorparkca.gov; Roseann Mikos; Ken Simons; David Pollock Subject: High Street Depot Project Mayor Parvin and Council Members, We are at a juncture where you can help us, or you can ruin our chances of having and keeping the town we love. Everyone who lives here has invested everything they have because we love it here. Every survey you send out has come back with the same answer. We're happy here. We don't want this place to change. Do you not see that? The five of you have asked for and have been granted the position of being in charge of defending our small and well loved town, our safety, our wildlife and open spaces. When advertising is created for Moorpark, it's always the rolling hills that are captured in the pictures. S.O.A.R. has become villainized for keeping growth inside the cities. In fact it has given us a chance to live in exactly the place we want to live. Yes we've heard too that it's the state mandates that are another issue. Those have been around for some time and everyone has learned how to exploit them and or deal with them. With your help we can surmount these pressures. We need you to guide the city in a way that is for the people. There is one common complaint that I hear. Traffic. Will it benefit the people to build a complex on High Street with such an extreme density and start a precedents that will grow like a cancer across our small town? Or will you be sure to build something within safe, normal and healthy limits. As we have always done. We can be a place heads above all others, if you help us. We are against the project as it exists. Sincerely, Sharon and Mark Noel Moorpark 17 From:Moy Serrano To:Moorpark Cc:Vince Daly Subject:High Street Depot Date:Monday, October 05, 2020 3:23:51 PM To Whom it may concern, I would like to express how well designed this project is for an area that has been an eye sore for so long. They have taken into account all of the needs of the city and of the area. Taking into consideration the feeling of the current neighbors. I feel this type of project is going to be well received by the town of Moorpark and give the lower income affordable housing and an area they can be close to, and enjoy the businesses that will be coming in, giving live on such a great street! The gazebo is such a great item if it’s big enough for the community to enjoy keeping the ethnic back ground of the locals in mind. I feel this specific item will attract the community at large and give the down town area a much needed shot in the arm. People will enjoy coming to High Street and spend time making it a place to visit. I personally would like to move my office to high street and enjoy the new look and activities that this project will bring. I look forward to seen this project finished and that the city works with this group to make it happen, Moorpark needs it! I would support this project 110%. Thank you, moy.serrano.b87y@statefarm.com WEB : www.moyserrano.com How much insurance do I need…? https://www.statefarm.com/insurance/life/resources/life-needs-calculator/ Register online and get even more out of State Farm. Once registered, you’ll be able to... Pay bills online - 24/7/365 service and support View bill status and manage your payments View and update policy information View auto insurance ID cards File and track a claims Update your personal profile 18 Contact your agent Access Pocket Agent® on your iPhone or Android device And more… The greatest compliment you can give us is your Referral! Receive a Gift Card when you refer a friend for a quote. 19 From:KELLY BEST To:Moorpark Cc:Vince Daly; Ron Best; Janice Parvin Subject:High Street Depot Date:Tuesday, October 06, 2020 4:14:11 PM Council Members, Vince Daly presented plans for the High Street Depot at our Rotary Club meeting last Friday and I loved it! I believe the renovation of High Street would be a terrific boon for our city and surrounding communities. Having lived in Austria during high school, I love cities that promote walking and mingling. I personally don't think that parking will be a problem, as my husband and I will walk to town from our home in Trieste with our dogs. I believe ours will do the same. Moorpark is so lucky to have a sweet little street like High Street that invites you to come an stay. Simi Valley doesn't have that nor Thousand Oaks. Letting this project slip away would be a terrible mistake. Also, the upper floor housing may be exactly what some younger people want...amenities, no yard to care for, easy access to the train line and downtown LA (why drive to Dodger Stadium when you can take the train?). Please members, push this plan forward and let's add some revenue and restaurants to our cute town. Kelly Best President, Moorpark Rotary 805-402-8054 20 From:John Newton To:Moorpark Cc:Troy Brown; Karen Vaughn Subject:High Street Depot Date:Tuesday, October 06, 2020 4:28:48 PM Mayor Parvin and Members of the City Council: We have been trying to redevelop and enhance Old Town (High Street & Moorpark Avenue) for about 45 years, from the efforts of the Moorpark Planning and Architectural Review Committee and the Downtown Business Development Committee (one of 8 Neighborhood Councils advising the County Supervisor) in the early 70’s, to the ’79 General Plan Update for our unincorporated community. And, following incorporation, the ’92 General Plan Update and Downtown Specific Plan Update in the mid-90’s. I personally participated in all of these community planning projects including being the City appointed Chair of the Downtown Specific Plan Advisory Committee. I unequivocally support the High Street Depot project you will be considering Wednesday evening. It is everything and more of what we have envisioned and pursued for a very long time. While the “mixed use” concept that is being employed was not a specific consideration during previous planning efforts, it is a time-tested, current planning approach that actually improves the ability to finally start Downtown improvements. The reflecting and blending of the multiple architectural styles prevalent in the downtown is unique, and absolutely consistent with the multiple architectural styles our southwestern village experienced when it first began to form at the turn of the century in the 1900’s. Maintaining the “Depot” theme is perhaps my fondest element, having delivered the SP Rail Station façade encompassing the then existing granary in 1978, at the request of the community during MPARC consideration of the granary’s refurbishing. The community was saddened and frustrated that they were not able to raise the funds necessary to preserve the original SP Rail Station when it was being abandoned as other communities in the County had been able to do. The façade provided some continuation of the important historical aspect of railroad development and operations in Moorpark. Thank you, John Newton , Moorpark 45 Year Community Planning Advocate John Newton, John W. Newton & Associates, Inc., , Moorpark, CA 93021, Tel: 805.529.3494, newtoncnslt@msn.com; Land Use Consultant/Real Estate Broker, Lic. No. 00925471 21 From:Owner To:Moorpark Subject:High Street Depot Date:Tuesday, October 06, 2020 8:46:09 PM As a former resident of Lancaster, which revitalized the downtown area several years ago, I support the effort to do the same to High Street. The city needs this type of development. I encourage the city to approve. Michael Polda Moorpark Highlands “Give to every human being every right that you claim for yourself.” - Robert G. Ingersoll 22 From:Jennifer Kendall To:Moorpark Subject:HIGH STREET DEPOT Date:Tuesday, October 06, 2020 8:47:09 PM Hello, my name is Jennifer Kendall and I am a resident of Moorpark. I have two teenage daughters, one who just graduated MHS and the other is a junior. I am so excited about the High Street Depot project! I absolutely love the idea and hope very much the project is approved. Not only would it bring much needed businesses into our community but it would also provide a fun and nearby place to us to socialize and enjoy our city. It will also provide awesome job opportunities for my college bound kids. We need this project to vitalize Moorpark! Thank you for your consideration. Sent from my iPhone 23 From:Terri Lum To:Moorpark Subject:High Street Depot Date:Tuesday, October 06, 2020 7:55:08 PM Hello, My name is Terri Smith Lum, I am the property owner at 252 E. High Street formally known as the Secret Garden and future home to M on High Street. I strongly support this project for the revitalization of High Street. This will be a long awaited step forward for High Street and the community of Moorpark. The benefits will create an environment between living, working, commercial and recreational destinations. I have been fortunate to become a part of a very historical, charming and magical town. I am optimistic that our community will see this project as a Silver lining. Kindly, Terri Smith Lum 24 From:Tyler Smith To:Moorpark Subject:HIGH STREET DEPOT Date:Tuesday, October 06, 2020 9:14:03 PM City of Moorpark Community Development Department To the Planning Department of the City of Moorpark: As longtime residents and homeowners in Moorpark, we are writing to express our strong support for the High Street Depot plan proposed by Daly Group, Inc. High Street's charm and history are part of what make Moorpark such a wonderful place to put down roots and raise a family. For years now we've wondered when we were going to finally give it the spotlight it deserves. We need this project more than ever to revitalize High Street for three main reasons: -Provide economic opportunity for businesses to survive and thrive on HS - Provide more housing units for moorpark residents and to attract new residents - Attract both Moorpark residents and outsiders to spend money in Moorpark on Moorpark businesses. Again, we strongly support the proposal from Daly Group, Inc. and are excited for it to move forward. Tyler and Carli Smith Moorpark, CA 93021 25 From:Rick Brodsly To:Moorpark Subject:HIGH STREET DEPOT Date:Wednesday, October 07, 2020 9:41:45 AM Hello City Council, My name is Rick Brodsly and I’ve been a Moorpark resident for 40 years. I am in absolute support and look forward to the High Street Depot being approved! When I first moved here in 1980 Hight Street was more lively and I look forward to having an enhanced look and feel again. Additionally some of my greatest memories have been Country Days and I can only imagine how reinvigorated that event will be once High Street is re-vitalized. Bringing fresh areas to live for a diverse group of people and new business is just what our town needs to keep thriving, add revenue, add jobs, all while keeping this project small enough to maintain the small town look and feel !!!! Thank you very much, Rick Brodsly Rick Brodsly Business Development Manager E: RickB@chosenpayments.com T: 8053126044 F: 8058522281 Chosen Payments 5401 Tech Circle 2nd Floor Moorpark, California 93021 www.chosenpayments.com 26 From:Hugh Riley To:Moorpark Subject:Written Statement For City Council Public Hearing-High Street Depot Project Date:Wednesday, October 07, 2020 10:49:27 AM Attachments:Letter for the Moorpark City Council- October 7 2020.pdf TO THE MOORPARK CITY COUNCIL- October 7, 2020 Honorable Mayor, Council Members and City Staff: I am Hugh Riley, president of the Moorpark Foundation for the Artsdoing Business as the High Street Arts Center at 45 East High Streetand I am writing in favor of this project. As you are well aware, part of the property the City is selling to thedeveloper for this project is across High Street from our theatre and tothe east of the Chamber of Commerce lot. This will eliminate asignificant number of parking spaces heretofore used by theatre patronsduring our performances and events. Although this reduction in available, convenient parking will have animpact on our audiences, particularly the older patrons, we believe theoverall benefit of having this major development on High Street’sdesolate south side, together with planned city improvements includingthe Civic Center Master Plans on West High Street, will ultimatelyprovide sufficient parking for the High Street Arts Center in the future.We applaud the efforts and sacrifice the Daly Group has made toaddress our concerns and those of the City of Moorpark. We know the City Staff, and the Planning Commission have relied onthe results of the recently completed Downtown Parking Study in themaking their recommendations for the project regarding downtownparking and we have provided input both during and following thatstudy. We believe the Council has been listening to our concerns andrecent actions by the City Council approving the expenditure of morethan $1 million for improvements to make High Street more attractiveand safe for pedestrians, and the parking features included in the CivicCenter Plans to the west seem to bear that out. We urge the City to staythe course and follow through with these commitments! In conclusion, there is a lot planned for High Street these days andmuch, much more coming in the future. We acknowledge andappreciate the City’s past investment in the High Street Arts Center andwe support and are encouraged by the significant private investmentahead, particularly the High Street Depot Project. Together they willmake High Street the “Happening Place” in Moorpark. Hugh Riley, President/CEO Moorpark Foundation for the Arts (805) 217-9448 www.highstreetartscenter.com 27 28 From:Jennifer Michaels To:Moorpark Subject:High Street Depot Date:Wednesday, October 07, 2020 10:50:38 AM Attachments:image001.png image004.png image005.png image006.png image007.png Hi City Council, My name is Jennifer Michaels. I moved to Moorpark 8 years ago and live in Meridian Hills. I am expressing my support of the High Street Depot project. As a single mother this brings me great joy to add new places to go and people to meet. Adding a mixed use project like this to this city is one of the reasons I moved here, as there is great potential to grow. I’m not concerned about parking or traffic as I read the study and know neither is, or will, be an issue. Thank you for your time. Jennifer Michaels ׀ Hair Restoration Centers ׀ 310-697-6262 E: jennifer@AffordableHairTransplants.com | W: www.affordablehairtransplants.com Boca Raton, FL; Orlando, FL; Beverly Hills, CA; Rockville, MD; Virginia Beach, VA; Charlotte, NC; Washington D.C.; San Diego, CA; New York City, NY This message is intended only for the use of the individual to which it is transmitted. It may contain information that is privileged, confidential, or exempt from disclosure under applicable laws. If the reader of this communication is not the intended recipient you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If You Have Received This Communication In Error, Please Notify The Sender Immediately. 29 From:April Heitkamp To:Moorpark Subject:High Street Depot Date:Wednesday, October 07, 2020 11:23:06 AM Dear Moorpark City Council, I wanted to voice my support for the projected High Street Depot project. I remember as a teen riding my bike down to High Street often from Peach Hill or Mountain Meadows to go to the ice cream parlor, video store or even Lucky Dogs. My mother worked on High Street while I was younger so I would walk to the bank she ran almost daily after school from Chaparral Middle School. Both my husband and I has been residents of Moorpark for over 38 years and now parents of two that have chosen to raise our family in Moorpark. We would really enjoy a place for us to be able to go more often, something that could preserve that old town charm, while being as functional as possible. We still do regular High Street now with places like Lucky Fools, Luna Llena, Insurance Brokers West and Mayflower Market but how awesome would it be if we had more to do down there, where my kids wanted to go as well. If it was improved with this project there would be a more variety of places and all over would be a more desired place for them as they grow up as well. My husband and I often talk about how awesome it would be if it was structured more like Old Town Camarillo, with crosswalks, night life and variety of businesses/housing and overall a fun place to be. High Street will always have our hearts, but this project could make it an even more desired destination for many and we fully support it. Thank you for your time, April Heitkamp 30 From:Kacy Waxman To:Moorpark Subject:High Street Depot Date:Wednesday, October 07, 2020 11:26:44 AM As a long term resident of Moorpark (1984-currently), I am excited for the development of our beloved High Street. I look forward to a renewed sense of community, a place to gather and meet our friendly neighbors, and a local place to reinvest our tax dollars. Our town has much to offer in terms of housing, amazing schools, awesome sports teams, and a small town vibe but what we’ve been lacking in for so long is a common place for us all to enjoy. As much as I hate to admit, I often leave Moorpark and travel to our neighboring towns for a date night or an afternoon with friends. I would love to be able to stay here and have more options (for my family with kids during the day, and some nightlife for adults). High Street already has the charm, but it's often overlooked as there currently isn’t much to see or do there. I remember as a kid in the early 90’s eating going to shows at the Melodrama, then getting ice cream at The Creamery, walking in the Country Days parade, then spending the rest of the day hanging out on High Street, getting a bite at Lucky’s Dog House and checking out all the vendors that used to set up along the street. Currently, High St. is just a street that I drive through to bypass Los Angeles Avenue. There is so much opportunity to bring back that same appeal and energy, so much so that I believe it would not only appeal to Moorpark residents, but also our neighbors in Thousand Oaks and Westlake Village. Let’s make Moorpark a destination, not just a town that you drive through to get to somewhere else! Thank you for your time, Kacy Waxman -- Kacy Waxman Executive Assistant to Jeff Brodsly (805) 910-1445, ext 6676 31 From:Autumn Westfall To:Moorpark Subject:High Street Depot Date:Wednesday, October 07, 2020 11:32:57 AM Hello, As a 30 year Moorpark resident, now with my own family and 5 children, I am delighted to hear of the opportunity of the High Street Depot and all that this will bring to our wonderful town, and to such a historic, beautiful part of our community. I love Moorpark and think it would be such a benefit to have downtown as a destination for shopping, dining and to be able to enjoy such a beautiful part of our city. Look forward to seeing this project proceed forward. Autumn Westfall Sent from my iPhone 32 From:greg@rudebusch-insurance.com To:Moorpark Subject:HIGH STREET DEPOT Date:Wednesday, October 07, 2020 12:40:35 PM Attachments:sigimg1 Hello Moorpark City Council, My wife and I strongly support the approval and quick completion of the HIGH STREET DEPOT development. Please approve this project and oversee its speedy completion. Moorpark has been too unfriendly to too many businesses for too many years. Please get this project completed and break the cycle of shutting out badly needed revenue-producing businesses in Moorpark. Thank you! Greg Rudebusch We help you make well-informed business decisions about your insurance. 33 From:Kyle Uebelhardt To:Moorpark Subject:High Street Depot Date:Wednesday, October 07, 2020 1:50:53 PM Good Afternoon, I am unable to attend this evening's meeting regarding the Hight Street Depot development. However, the project is important enough to me and the community that I wanted to express my promotion of the project. I am a 36 year old partner of a worker’s compensation and employment law firm. More importantly, I have been a Moorpark resident my entire life and have made the decision to raise my 3 year old twins in this town. I have reviewed the plans for the project and believe this would be a great addition to the community. It would be a place I would regularly bring my family and generate revenue for the community while keeping with the home town feel. I, like many others in the community, promote this project. We hope to see it approved. Kyle Uebelhardt Partner Floyd Skeren Manukian Langevin, LLP 31229 Cedar Valley, Westlake VIllage, CA 91362 (818) 715-0018 ext 7633 Mobile: (805) 889-8172 Direct: (818) 639-7633 Fax: (818) 591-3572 kyle.uebelhardt@floydskerenlaw.com Disclaimer: If received in error, please destroy and notify sender. Sender does not waive confidentiality or privilege, and use is prohibited. 34 From:Joseph Cappuccino To:Moorpark Subject:High Street Depot Date:Wednesday, October 07, 2020 2:11:01 PM I hope to participate in this evenings call but I also wanted to send in my FULL support of the High Street Depot project moving forward. My family moved to Moorpark in 1987 and we’ve owned several businesses in town. It’s wonderful to see the city becoming a place where business can grow and commerce will take place. Highstreet has been a hidden gem for too long and the right team is now in place to make something really special happen. This has been a long time coming for the city of Moorpark and let’s hope we one day have parking problems to deal with… as we know that is not a concern today and should not hold us back. Thank you for your time. Best, -Joey photo Joseph Cappuccino, CPFA LPL Financial Advisor, Certified Plan Fiduciary Advisor Office: 818.629.0911 | Fax: 818.960.7602 | joey@cappuccinofinancial.com www.cappuccinofinancial.com 915 Greenwich Drive, Thousand Oaks, CA 91360 Schedule an appointment Can You Keep A Secret? We Hope Not! Refer your Friends & Family! Joseph Cappuccino is a registered representative with, and Securities and Advisory services offered through LPL Financial. A Registered Investment Advisor. Member FINRA & SIPC. The information contained in this email message is being transmitted to and is intended for the use of only the individual(s) to whom it is addressed. If the reader of this message is not the intended recipient, you are hereby advised that any dissemination, distribution or copying of this message is strictl prohibited. If you have received this message in error, please immediately delete. 35 From:Patty Cappuccino To:Moorpark Subject:High street depot Date:Wednesday, October 07, 2020 2:55:30 PM Hello ! I wanted to Thank you for the time and effort out into this proposed project . I think it would be a wonderful community addition , with variety of stores and a welcoming place for people if all ages. As a 30 year resident of Moorpark I would be in full support if this project . Let’s make it happen ! Thank you Sent from my iPhone 36 From:Daniel Groff To:Moorpark Cc:Daniel Groff Subject:High Street Depot Date:Wednesday, October 07, 2020 3:43:05 PM Good Evening Moorpark City Council & Staff, Thank you for taking the time to present my written response as I am not able to attend tonight’s City Council Meeting via Zoom because of a scheduling conflict. My name is Daniel Groff, I am a Moorpark resident of over 25 years and I own Insurance Brokers West located across the street from this proposed project on High Street. I am excited for this project and for the potential to help establish High Street as a destination place that it can be. I do echo some of the concerns residents have had with parking. I know the city owns a dirt lot to the east of the project area that is slated for parking and I have seen proposals for parking off Moorpark Ave. across the train tracks. I personally think these two locations with appropriate time limited parking will be critical to the retail part of the project, the current businesses on High St. and the theater. I would like to see a developer agreement in place that has the city pave and stripe these areas in tandem with this project. This will help ensure that the proper infrastructure is in place to support this proposed new development. I would also like to see the city use some of the High Street funds it has to maybe add diagonal street parking to one side of High Street. I have seen it in some old renderings of the downtown specific plan and I have seen it used successfully in downtown Camarillo and other downtowns to increase available parking. Thank you to the Daly group investment in Moorpark and to see progress downtown. Thank you again for your time and consideration. Sincerely, Daniel Groff President/CEO Insurance Brokers West, Inc. 805.299.2150 Office 805.529.4887 Fax 800.460.5020 Toll Free 37 From:jmurphy3gs@yahoo.com To:Moorpark Subject:Agenda item 6A -- proposed High Street Station Date:Wednesday, October 07, 2020 3:57:04 PM 10-7-2020 To: Moorpark City Councilmembers RE: Comments on Item 6A - Proposed High Street Station project I am leaning in favor of the overall proposed mixed-use project, although I do have a few concerns that I hope the Council will address. I am an advocate for Save Open Space & Agriculture resources (SOAR) law, which has protected our valuable natural resourses and farming businesses. Within the SOAR law there is an established term known as the City Urban Restriction Boundary (CURB). Which simply means, the land outside of the CURB requires voter approval if the landowner wants to change the zoning. Since the land inside the CURB line, within the City limits, is not governed by SOAR law, any new developmental proposals will need to be held to the highest standards, and perhaps consist of a higher density considering the City’s growth constaint. The High Street Station project fulfills many needs and multiple uses; retail spaces, various residential units, appropriate architecture, and one that is transit oriented. A major concern is the effects that additional cars could have on the existing businesses related to parking. I have spoken with the owner of The Fine Print Shop on High Street and asked him about the parking issues. His major concern is that if a project is approved, his customers will not have a convenient packing space near the shop, as the average visit for his customer is only 15 minutes. He needs two full-day parking space for employees, and two 15- minute parking spaces for his customers. It is not my job to talk to each property owner on High St., but I do believe the developer and a city representative could talk to each owner and work on solutions before a decision is made by the City Council. I know a traffic study was been done, but did it address the individual issues for each type of business that will be impacted? Doing it this way may be an unconventional approach, but it would give credence to our small-town style that most of us cherish. Before a decision is made by the Council, the concerns of the current business owners must 38 be addressed, as to not burden the existing businesses, but rather give them the best opportunity to maintain or enhance their businesses. Like many residents in Moorpark, I too want to keep the small-town allure of High Street, but I also want to see sensible growth. The proposed High Street Station project is promising, but just needs some fine-tuning before the Council votes. Sincerely, Janet Murphy Moorpark, Ca 93021 39 From:bgcmoorpark@aol.com To:Moorpark Subject:High Street Depot Date:Wednesday, October 07, 2020 4:14:59 PM Public Comment – High Street Depot Good Evening, my name is Scott Mosher and I reside at 13186 Torridon Court, Moorpark. I am in favor of the proposed High Street Depot and believe it will be a great addition to our community. The development and revitalization of High Street has been a priority for years. After a few previous potential projects did not come to fruition, for a number of reasons, we now have a plan that works. It is a good plan with a mix of shops and residential. The residential helps provide a consumer base for the businesses there, and also helps the City meet some of the density requirements of the State. The design includes a space for community events, to draw more people to High Street. The developer has presented their ideas, and have been responsive to the feedback they have received from our residents. This has resulted in decreasing the density of the project and increasing parking. They have worked hard to make the buildings compatible with existing architecture, and to maintain a special downtown feel. The developer has demonstrated a commitment to the project and our community. They are not only planning this project, they will be building it, and managing it once it is completed. They are invested in our community and will be here for years to come. Now is the time to move forward and revitalize High Street. This will be another great enhancement to our community. I urge you to approve this project. Scott W. Scott Mosher Moorpark, CA 93021 40 From:jeff@thechosen.group To:Moorpark Subject:HIGH STREET DEPOT Date:Wednesday, October 07, 2020 4:15:25 PM Dear Moorpark City Council Members, I write to you today to express my unwavering support for the HIGH STREET DEPOT project. I have been a resident of Moorpark for the last 39 years, I own 5 different businesses which are operated out of Moorpark, I am a father to a daughter at Walnut Canyon, I am a large supporter of any Moorpark charity/event/etc (Boys and Girls Club, Rotary, Chamber, etc), and I am a recent owner of the property at 313 High Street. There are several reason I am in favor of this project being approved and below I will list those: 1. The overwhelming majority of Moorpark want to see growth and revitalization. It is not often we have a group willing to invest several millions of dollars into our great Town. With The Daly Group we have this while, also having a group in which has adhered to all different opinions, and potential plans, to make this project a happy medium for all. If not now, when? With this projects great potential now is the time to start that revitalization that Moorpark wants and needs for several reasons. 2. The revenue this project brings will be substantial for Moorpark. 3. The new jobs created are great for Moorpark. 4. The living opportunities for moderate income and working class income families gives a new living opportunity to all walks of life. 5. The community excitement and camaraderie this project has brought, and will bring even greater once complete, is such a great feeling of community- one word that defines Moorpark. 6. Keeping money in Moorpark by giving the residents, and their families, more to do is great- while also adding new attractions for visitors to come and spend in our city. 7. Seeing how other neighboring cities have been successful with mixed use (Camarillo, Ventura, Santa Barbara, etc) gives us a bright look into how Moorpark too will thrive with this concept. 8. Parking and traffic are not an issue although some claim that to be. There was the parking study done specifically to prove this, as well as I took the videos attached within the last few days. 9. This plan adheres to the downtown specific plan and the SOAR plan. 10. The residential units will attract Moorpark College students, young entrepreneurs, single parents and more- all of which will benefit our city in many ways. 11. High Street is a place of commerce and that is what is has been and probably always will be. For those that oppose this due to new homes and new commerce they must remember that they chose to live near a place of commerce when the great City of Moorpark has so many amazing rural living options available as well. This is why many moved, or stayed living in, Moorpark to get the best of both worlds and this project brings that dream home. I thank you for your time and hard work. I recognize it is not an easy task to be on the City Council, and I appreciate your diligence on this project. 41 Respectfully, Jeff Brodsly-CEO The Chosen Group, Inc *Chosen Payments – Chosen Technology – Chosen Funding – Stout Burgers & Beer – Lemmo’s Pizzeria – Kennel Connection – The Firm * 42 From:Mike Lemmo To:Moorpark Subject:HIGH STREET DEPOT Date:Wednesday, October 07, 2020 4:50:17 PM Dear Council Members: Sorry for the late reply. I am writing to affirm my support for the HIGH STREET DEPOT project. Having run a successful restaurant in Moorpark for the past 11 years and being in touch with the community, I know how much the City craves new places to dine, shop and play right in our own town. That being said I believe this project will bring substantial tax revenue to the City as well as more dining and shopping choices for us all which in turn will create more jobs and local dollars spent here. Thank you for your time. Mike Lemmo Lemmo's Grill and Lemmo's Pizzeria 43 ATTACHMENT 4 Rincon Consultants, Inc. Environmental Scientists Planners Engineers M E M O R A N D U M ■Ventura Carlsbad: (760) 918 9444 180 North Ashwood Avenue Fresno: (559) 228 9925 Ventura, California 93003 Los Angeles: (213) 788 4842 (805)644 4455 Date: To: Project: From: E-mail: cc: Monterey: (831) 333 0310 Oakland: (510) 834 4455 Redlands: (909) 253 0705 Riverside: (9 51 ) 782-0061 October 6, 2020 Karen Vaughn , City of Moorpark High Street Station Mixed Use Development Joe Power, Sr. Vice President jpower@rinconconsultants.com Sacramento: San Diego: San Luis Obispo: Santa Barbara: Santa Cruz: Ventura: (916)706 1374 (760)918 9444 (805)547 0900 (805)319 4092 (831 ) 440 3899 (805)644 4455 Re: Response to Advocates for the Environment October 12, 2020 Letter re: the High Street Station Mixed Use Development IS-MND This memorandum responds to comments on the High Street Station Mi xed Use Development Initial Study-Mitigated Negative Declaration (IS-MND) submitted by Dean Wallraff on behalf of Advocates for the Environment dated October 5, 2020. The letter raises three issues (cultural resources, hazardous materials, and noise), each of which is addressed below. As indicated in the individual responses, none of the comments included in the letter identify any deficiencies in the IS-MND analysis or any new significant impacts not addressed in the IS-MND. Cultural Resources The commenter suggests that the existing gazebo, El Camino Real bell, historic pepper tree marker, and memorial bricks currently located near the Bard Street intersection are cultural resources of "some importance" and suggests that their relocation should have been evaluated in the IS-MND. Cultural resource impacts are addressed in Section 5, Cultural Resources, of the IS-MND. As noted therein, the project site was evaluated for listing in the National Register of Historic Places (NHRP) and info@rinconconsultants.com www.rinconconsultants.com 44 Page 2 the California Register of Historical Resources (CRHR), and as a City of Moorpark Landmark and it was determined that the site is not eligible for listing in the NRHP or the CRHR and does not satisfy the criteria for designation as a City Landmark due to a lack of historic significance and numerous alterations, which have reduced the integrity of the structures. Therefore, the site (including the gazebo, El Camino Real bell, historic pepper tree marker, and memorial bricks mentioned by the commenter) is not considered a historical resource for the purposes of CEQA. Although the items mentioned by the commenter are not historical resources, their relocation to a more prominent site is proposed in order to make them more accessible to the viewing public. As noted in the IS-MND, the only historical resource in the project site vicinity is a segment of Ventura County Landmark # 72, which consists of a row of pepper trees planted by early Moorpark settlers John Nubee and John Barrett in 1904. As discussed in the IS-MND, the proposed project would not adversely affect this resource so the project would not have a significant impact to historical resources. No evidence suggesting otherwise has been provided. Hazardous Materials The commenter suggests that the Phase II soil sampling program identified in Mitigation Measure HAZ-1 should have been conducted in conjunction with the IS-MND and that failure to do the sampling constitutes improper deferral of mitigation. Hazardous material impacts are addressed in Section 9, Hazards and Hazardous Materials, of the IS- MND. As noted therein, a Phase I Environmental Site Assessment (ESA) conducted in conjunction with the IS-MND identified two potential recognized environmental conditions (RECs) in connection with adjacent properties, including existing railroad tracks adjacent to south of the site and a former gasoline service station located adjacent to the western property boundary. Concerns associated with the railroad tracks include the potential of hydrocarbons, metals, herbicides, and semi volatile organic compounds (creosote, naphthalene) from railroad activities. Concerns associated with the former gas station include the potential for contaminated soil gas migration and vapor intrusion of contaminants originating from the former gas station onto the project site. Based on these findings, Mitigation Measure HAZ-1 requires a Phase II sampling program within 30 days of the project applicant acquiring the project site from the City of Moorpark and prior to issuance of a grading permit. This is to consist of evaluation of the adjacent railroad tracks to determine if hydrocarbons, metals, herbicides, and semi volatile organic compounds from the railroad activities are present in the shallow soil near the railroad tracks and assessment of the western portion of the site adjacent to the former gasoline station (now the Chamber of Commerce building) to determine if there is VOC-impacted soil vapor migrating beneath the site from the adjacent property. The measure provides specific regulatory standards with which the evaluation and any required remediation must comply and specific actions to be undertaken in the event that contaminated materials are identified (e.g., removal of contaminated soil and storage in appropriate waste containers in a secure location, handling and transport of waste in accordance with applicable local, state, and federal regulations, and disposal of waste at an appropriate off-site facility). By identifying the specific issues of concern, providing specific standards that must be met, and identifying specific actions that must be undertaken to meet these standards, Measure HAZ-1 complies with CEQA’s requirements for mitigation. In addition, because the sampling program and any required remediation must be completed before issuance of a grading permit, there is no evidence suggesting that grading could stir up contaminated dust as suggested by the commenter. Noise The commenter suggests that the project’s noise impacts may be significant and that the IS-MND should include mitigation for operational noise sources other than HVAC. 45 Page 2 Noise impacts are addressed in Section 13, Noise, of the IS-MND. The analysis considers noise associated with on-site HVAC equipment, outdoor recreational activities (such as those associated with residents and customers of retail establishments), delivery and trash hauling, parking, and off-site traffic. All the analyses include quantification of noise impacts and comparison of project-generated noise to applicable City standards or other industry standard thresholds of significance. Noise associated with HVAC equipment is identified as potentially significant and Measure N-2 is provided to reduce HVAC- generated noise to within City standards. However, significant impacts are not identified for any of the other potential project-related noise sources and no evidence suggesting that the analysis of other sources is incorrect or that the thresholds used are inappropriate has been provided. 46