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Home My WebLink AboutRES PC 2021 665 2021 1123RESOLUTION NO. PC -2021-665 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONING ORDINANCE AMENDMENT NO. 2021-02 AMENDING CHAPTERS 17.08 (DEFINITIONS) AND 7.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO ADD CERTAIN USES TO THE COMMERCIAL PLANNED DEVELOPMENT ZONE AT 14349 WHITE SAGE ROAD SUBJECT TO A CONDITIONAL USE PERMIT, APPROVE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 2004-02, AND ADOPT A NEGATIVE DELCARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF THOMAS SCHLENDER, ON BEHALF OF LLA 118, LLC. WHEREAS, on December 21, 2005, the City of Moorpark entered into Development Agreement (DA) No. 2004-02 with NLA 118, LLC for the construction and operation of an appliance retailer and distribution warehouse, located at 14349 White Sage Road; and WHEREAS, on May 4, 2020, Thomas Schlender, on behalf of LLA 118, LLC submitted an application for the First Amendment to DA No. 2004-02 and Zoning Ordinance Amendment (ZOA) No. 2021-02 to expand the potential uses that mat be conducted within the Commercial Planned Development (CPD) zone at 14349 White Sage Road; and WHEREAS, at the duly noticed public hearing on November 23, 2021, the Planning Commission considered ZOA No. 2021-02 and the First Amendment to DA No. 2004-02, the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing, and discussed and reached a decision on this matter; and WHEREAS, the Planning Commission has also read, reviewed, and considered the Initial Study and proposed Negative Declaration prepared pursuant to the California Environmental Quality Act (CEQA) for the project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission recommends that the City Council determine that the Initial Study and Negative Declaration as shown in Exhibit A has been prepared pursuant to CEQA provides a Resolution No. PC -2021-665 Page 2 complete and accurate analysis that indicates that the project will not result in any significant impacts on the environment and adopt the Initial Study/Negative Declaration. SECTION 2. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark Municipal Code Section 15.40.100: A. The provisions of the First Amendment to the DA are consistent with the General Plan in that it will help achieve the goals of the Land Use Element and is consistent with the goals and policies of all other elements. B. The provisions of the DA and the assurances that said agreement places upon the project are consistent with the provisions of Chapter 15.40 of the Moorpark Municipal Code because the DA contains the elements required by Section 15.40.030 and shall be processed through a duly -noticed public hearing process as required by law. SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment No. 2021-02 as shown in Exhibit B, approval of the First Amendment to DA No. 2004-02 as shown in Exhibit C, and adoption of the Initial Study/Negative Declaration associated therewith, attached hereto as Exhibit A. SECTION 4. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. Resolution No. PC -2021-665 Page 3 The action of the foregoing direction was approved by the following vote: AYES: Commissioners Barrett, Rokos, and Chair Landis. NOES: ABSTAIN: ABSENT: Commissioners Alva and Brodsly. PASSED, AND ADOPTED this 23rd day of November, 2021. Carlene Saxton Community Development Director Exhibit A — Draft Initial Study and Negative Declaration Exhibit B — Draft Zoning Ordinance Amendment No. 2021-02 Exhibit C — Draft First Amendment to Development Agreement No. 2004-02 between City of Moorpark and NLA 118, LLC Resolution No. PC -2021-665 Page 4 EXHIBIT A DRAFT INITIAL STUDY and NEGATIVE DECLARATION Resolution No. PC -2021-665 Page 5 INITIAL STUDY/ NEGATIVE DECLARATION FOR THE WAREHOUSE DISCOUNT CENTER PROJECT MOORPARK, CALIFORNIA Prepared for: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Prepared by: CHAMBERS GROUP, INC. 600 West Broadway, Suite 250 Glendale, California 91204 September 2021 Initial Siodi jor the Warehouse Ui.;u,t rt C'ewei Projeet TABLE OF CONTENTS Page SECTION 1.0 — PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING ..................................................5 1.1 PROJECT PURPOSE AND BACKGROUND INFORMATION 5 1.2 PROJECT LOCATION AND SITE CHARACTERISTICS 5 1.2.1 Location.........................................................................................................................5 1.2.2 Site Access and Circulation.............................................................................................5 AGRICULTURE & FORESTRY RESOURCES 1.2.3 General Plan Designation/Zoning...................................................................................5 1.2.4 Documents Incorporated by Reference.......................................................................11 1.3 PROJECT DESCRIPTION 11 1.3.1 Permits and Agreements..............................................................................................12 SECTION 2.0 — ENVIRONMENTAL DETERMINATION................................................................................16 2.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: 16 2.2 DETERMINATION 16 SECTION 3.0 — EVALUATION OF ENVIRONMENTAL IMPACTS.................................................................17 SECTION 4.0 — CHECKLIST OF ENVIRONMENTAL ISSUES ............................................................................19 4.1 AESTHETICS 19 4.1.1 Impact Analysis............................................................................................................19 4.2 AGRICULTURE & FORESTRY RESOURCES 20 4.2.1 Impact Analysis............................................................................................................21 4.3 AIR QUALITY 22 4.3.1 Impact Analysis............................................................................................................22 4.4 BIOLOGICAL RESOURCES 23 4.4.1 Impact Analysis............................................................................................................24 4.5 CULTURAL RESOURCES 25 4.5.1 Impact Analysis............................................................................................................25 4.6 ENERGY 26 4.6.1 Impact Analysis............................................................................................................26 4.7 GEOLOGY AND SOILS 27 4.7.1 Impact Analysis............................................................................................................28 4.8 GREENHOUSE GAS EMISSIONS 30 4.8.1 Impact Analysis............................................................................................................30 4.9 HAZARDS AND HAZARDOUS MATERIALS 31 4.9.1 Impact Analysis............................................................................................................31 4.10 HYDROLOGY AND WATER QUALITY 33 4.10.1 Impact Analysis............................................................................................................34 4.11 NOISE 36 4.11.1 Impact Analysis............................................................................................................36 Chambers C3roup. Inc. ii Mitial Studs, jor the W i ehurrse Discorrtrt Center Project 4.12 LAND USE AND PLANNING 4.12.1 Impact Analysis ............................ 4.13 MINERAL RESOURCES 4.13.1 Impact Analysis ............................ 4.14 POPULATION AND HOUSING 4.14.1 Impact Analysis ............................ 4.15 PUBLIC SERVICES 4.15.1 Impact Analysis ............................ 4.16 RECREATION 4.16.1 Impact Analysis ............................ 4.17 TRANSPORTATION 4.17.1 Impact Analysis ............................ 4.18 TRIBAL CULTURAL RESOURCES 4.18.1 Impact Analysis ............................ 4.19 UTILITIES AND SERVICE SYSTEMS 4.19.1 Impact Analysis ............................ 4.20 WILDFIRE 4.20.1 Impact Analysis ............................ 4.21 MANDATORY FINDINGS OF SIGNIFICANCE 4.21.1 Impact Analysis ............................ 37 37 38 ...... 39 39 ...... 39 40 ......40 41 ......41 42 ......42 43 ......44 44 ......45 46 ......46 47 ......48 SECTION5.0 — REFERENCES.....................................................................................................................50 Chambers (1rOLIP, Inc. iii Im itrt S7udi'.jiu ih_e GYm, ,house Discount Cc er Prviect LIST OF FIGURES Figure1: Project Vicinity Map.....................................................................................................................13 Figure2: Project Location...........................................................................................................................14 Figure3: Existing Zoning.............................................................................................................................15 LIST OF TABLES Table1: Allowable Uses................................................................................................................................6 1{P 1; i I! !U',. fF?Y :;1,- 4i, cls sF L. �1. vm I. c , SECTION 1.0 — PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING 1.1 PROJECT PURPOSE AND BACKGROUND INFORMATION DAUM Commercial Real Estate Services (DAUM; Applicant) requests to amend Chapter 17 (Zoning) of the Moorpark Municipal Code and an existing development agreement for the property located at 14349 White Sage Road (Project, Proposed Project, Subject Property) in Moorpark (City), Ventura County (County), California. The amendments would allow for additional uses on the subject property with approval of a Conditional Use Permit, including laboratories, manufacturing and assembly, film production, and warehousing. The subject property is zoned Commercial Planned Development (CPD) and consists of a 100,000 square -foot building that includes a 15,000 square -foot retail showroom and 85,000 square -foot warehouse/distribution facility (Warehouse Discount Center). No development is proposed with this request. The City is the lead agency for the Proposed Project. This Initial Study has been prepared in accordance with CEQA (Public Resources Code §21000 et seq.) and the State CEQA Guidelines (Title 14, California Code of Regulations, §15000 et seq.) and has determined that preparation of an Initial Study with a Negative Declaration would be appropriate under CEQA. 1.2 PROJECT LOCATION AND SITE CHARACTERISTICS 1.2.1 Location The Project site includes one developed property with existing buildings and landscaped parking lot spaces. The Project site is located north of White Sage Road, east of the Ronald Reagan Freeway/State Route 118 (SR -118), west of open space and the Arroyo Simi creek, and south of an east/west railroad line. All other properties immediately west of SR -118 and south of White Sage Road consist of various businesses comprising commercial, industrial, and hotel buildings. 1.2.2 Site Access and Circulation The main access to the site is through White Sage Road, which is connected to New Los Angeles Avenue. New Los Angeles Avenue and White Sage Road are accessible from the SR -118 off -ramp. Both customers and delivery trucks access the Project site from one driveway along White Sage Road. The driveway extends to the north of the Project site where delivery vans and trucks are parked. The New Los Angeles Avenue on - and off -ramps are located immediately south of the Project site. 1.2.3 General Plan Designation/Zoning The City's General Plan Land Use designation of the subject property is C-2 General Commercial. The Zoning Map designates the Project site as Commercial Planned Development (CPD) (City 2020b). The usesfor CPD properties include retail and service uses, eating and drinking places, office and professional uses, manufacturing, public and semipublic uses, and accessory and miscellaneous uses as stated in Chapter 17.20 of the City's Municipal Code (City 2020a) and listed below in Table 1. InItIal Stant /or the "tmt Center Project Table 1: Allowable Uses A. Retail and Service Uses 1. Adult businesses when in compliance with Sections 17.24.040(N), 17.78.050 and Chapter 5.18 2. Alcoholic beverage sales for off-site consumption when in conjunction with another city -approved retail or service use other than automobile servicestation or liquor store a. Beer and/or wine (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) AP* b. Beer, wine and other alcoholic beverages CUP 3. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and shock sales and installation, tune- ups and other light service and repair (with or without hydraulic lifts) (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) AP* b. Car washes, self-service or automatic with or without automotive services stations CUP C. Engine rebuilding, transmission repair, steam cleaning, auto body, painting d. Parts and supplies ZC e. Rental AP f. Sales, with or without service and parts CUP g. Service stations with or without mini -marts and with or without beer and wine sales for off-site consumption CUP 4. Body piercing and/or tattoo CUP 5. Building supplies (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) AP* 6. Hay and feed sales 7. Hotels, motels and bed and breakfast inns when in compliance with Chapter 5.44 CUP 8. Kennels and catteries 9. Liquor stores (when located no closer than one thousand [1,000] feet of any other liquor store or public or private school) CUP 10. Commercial cannabis activity 11. Nurseries (retail) with or without container grown plants when all equipmentand supplies kept in an enclosed area AP 12. Nurseries (wholesale and/or retail) with or without container grown plants when all equipment and supplies kept in an enclosed area 13. Pawnshops when in compliance with Chapter 5.32 AP 14. Pest control services (*if within 100 feet of a residentially zoned property a conditional use permit is required) 15. Private post offices, parcel services, copy centers ZC 16. Psychics, fortunetelling, and spiritual advisors when in compliance with Title 5 of the Moorpark Municipal Code (*if within 100 feet of a residentially zoned property a conditional use permit is required) AP* Chambers Group, Inc. I nitial Studr fur the *b,u ehouse Dist orrrat C'e iacr Project Table 1: Allowable Uses Zones CPD (Community a 17. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 18. Recycling centers CUP 19. Recycling drop-off bins when located in an area determined by the community ZC development director not to be in conflict with parking, vehicle or pedestrian circulation 20. Rental and leasing of large equipment with or without outdoor storage and repair (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) 21. Retail shops and personal service establishments, except as otherwise indicated in this ZC table, including, but not limited to, antiques, art and craft dealers and supplies, bakeries, barbers, beauty salons, bicycle sales/service, books and stationery, camera/photo stores including on-site processing, carpet and flooring sales/ cleaning/installation, clothing and fabric stores, computer sales and service, department and variety stores, dry cleaners, electronic equipment sales and service, florists, food markets, gift and novelty stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and lessons), newsstands, paint stores, party supply sales and rental, pet grooming, petsales and supplies, pharmacies, photography studios, pool and spa sales and supplies, shoe stores, sporting goods and equestrian supplies, small equipment rental (no outdoor storage), toy and hobby stores, video/DVD/CD sales and rental, wireless sales/service, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 22. Retail sales combined with limited distribution and/or warehousing not exceeding AP* 40% of gross floor area of the building in which it is located (*if within 100 feet of a residentially zoned property a conditional use permit is required) 23. Retail sales in the M-1 and M-2 zone limited to a maximum of 20% of the grossfloor area of the building in which it is located. In an industrial complex the 20% shall be computed on the basis of the cumulative total floor area of the industrial planned development (1131)) 24. Retail sales (temporary) in the M-1 and M-2 zones. Issuance of a temporary usepermit shall take the place of a zoning clearance 25. Thrift stores, secondhand shops, consignment stores when in compliance with AP Chapter 5.32 26. Tobacco sales a. Retail smoking products stores, as defined in Chapter 8.32 CUP b. Sale of tobacco products and electronic cigarette (vaping) products from retail AP establishments other than retail smoking products stores C. Smoking and vaping lounges where tobacco and vaping products are sold for on-site consumption (e.g., cigar lounges, hookah lounges, vaping lounges) other than retail smoking products stores B. Eating and Drinking Places 1. Bars with or without entertainment including, but not limited to, cocktail CUP lounges, cabarets. Chambers Group. Inc. Initial stud fin• the UUrehouse Discount Center - Project Table 1: Allowable Uses 2. Breweries, microbreweries, wineries/tasting rooms with or without restaurant CUP and with or without outdoor seating and with or without entertainment 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on-site or off-site consumption in accordance with therestrictions below: a. With or without entertainment and with or without on-site consumption of beer and AP* wine and other alcoholic beverages and with or without outdoor seating (*if within 100 feet of a residentially zoned property a conditional use permit is required) b. With drive-in or drive-through facilities (sale of alcoholic beverages CUP from the drive-in or drive-through facilities is prohibited) with or without outdoor seating (Only permitted in the CPD Zone) C. Office and Professional Uses 1. Financial services a. Banks and other financial institutions, except those set forth below ZC b. Check cashing, payday loan, and vehicle title loan establishments (Only AP permitted in CPD Zone) C. Automated/automatic teller machines (ATMs) ZC 2. Laboratories: research and scientific 3. Professional and administrative offices, including, but not limited to: accounting, ZC advertising agencies, chiropractic, collection services; dental, direct mail marketing companies, employment agencies, engineering services, insurance, investment; medical, optical and related health services; planning services, real estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 4. Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors and on-site for medical purposes AP shall not be considered boarding) b. With boarding indoors or outdoors CUP 5. Massage establishments when in compliance with Chapter 5.48 of the Moorpark Municipal Code a. Massage establishments with 4 or more massage stations, or where 20% or more of CUP the floor area is dedicated to massage services (Only permitted in the CPD Zone) b. Massage establishments at day spas, salons, or similar uses with 3 or fewer ZC massage stations, provided that less than 20% of the floor area is dedicated to massage services D. Manufacturing, Assembly, Distribution, and Warehousing Uses Cement,concrete and plaster, and product fabrication 1. Cement, concrete and plaster, and product fabrication 2. Distribution and transportation facilities 3. Heavy machinery repair, including trucks, tractors and buses Chamhers Group. [tic. ltatrul Stuck jur the ti-arehouse Dm ount (-ewer, Project Table 1: Allowable Uses t 4. Manufacturing and assembly including, but not limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 (*if within 100 feet of a residentially zoned property an administrative permit is required) 5. Outdoor storage when in conjunction with a city approved use and when all storage is CUP screened by an 8 -foot -high masonry wall architecturally matched to the structure (*if within 100 feet of a residentially zoned property a conditional use permit is required) 6. Self -storage or mini storage when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 7. Warehousing 8. Welding E. Public and Semi -Public Uses 1. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades (video and computer) and cyber cafes CUP b. Health clubs, gymnasiums, fitness centers, and fitness studios for uses such as martial arts, yoga, dance, and other similar uses or combination of uses i. up to 3,000 square feet AP ii. over 3,000 square feet (*if within 100 feet of a residentially AP* zonedproperty a conditional use permit is required) C. Auditoriums, community centers, dancehalls, and indoor motion picture CUP theaters d. Billiard and pool establishments, and bowling alleys, with or without alcohol CUP 2. Care facilities, including adult day care facilities, Alzheimer's day care facilities, CUP congregate living health facilities, child day care centers, community treatmentfacilities, foster family and adoption agencies, hospices, long-term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life- threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, and therapeutic day services facilities 3. Emergency shelters in compliance with the requirements of Chapter 17.28 ZC* (*allowed in C-2 zone only, not permitted in CPD zone; emergency shelters are also allowed in conjunction with permitted places of religious assembly) 4. Single room occupancy unit development in compliance with the requirements ZC* of Chapter 17.28 (*allowed in C-2 zone only, not permitted in CPD zone) 5. Clubhouses, social clubs, service clubs with or without alcohol 6. Energy production from renewable resources 7. Governmental uses including, but not limited to, city offices, community rooms,fire CUP stations, human service centers, libraries, police stations, public utility facilities 8. Hospitals including urgent care (*if within one hundred [100] feet of a AP* residentially zoned property a conditional use permit is required) i hambeis 6!uup. irlc. Initial JtuclV fin. the rval chouse Discount Cenler' Project Table 1: Allowable Uses 9. Places of religious assembly, with or without schools and/or social services, including emergency shelters i. up to 3,000 square feet AP iii. over 3,000 square feet (*if within 100feet of a residentially zoned AP* propertya conditional use permit is required) 10. Private education facilities including, but not limited to, colleges and universities, elementary, middle and high schools 11. Private training facilities including, but not limited to, professional and vocational AP* schools, art and craft schools, music schools not part of a music store, and driver training schools (*if within 100 feet of a residentially zoned property a conditional use permit is required) 12. Recreational facilities (private), indoor or outdoor, with or without food services, AP* including, but not limited to, batting cages, bicycle and skate facilities, golf courses (including miniature golf and driving ranges), and sports fields. Bicycles and skate parks shall be in compliance with Chapter 17.28 (*if within 100 feet of a residentially zoned property a conditional use permit is required) 13. Utility structures (electrical boxes, transformers and valve apparatus that have no AP covered floor area and are attached to the ground by poles, columns or pedestals shall not require a zone clearance) 14. Wireless communications facilities, in accordance with the requirements of Chapter 17.42 a. Major wireless communications facilities CUP b. Minor wireless communications facilities AP C. Collocation wireless communications facilities (consistent with definition ZC of "collocation facility" in Section 17.42.020) F. Accessory and Miscellaneous Uses 1. Outdoor sales CUP 2. Retail shops and services as listed in Table 17.20.060(A)(21) when the uses are determined by the community development director to be ancillary to office use of the property 3. Temporary motion picture, television, or still photography production (and TUP related activities and structures) in accordance with Section 17.28.120 4. Temporary uses including, but not limited to, carnivals, Christmas tree sales, circuses, TUP festivals, sidewalksales, special events, outdoorsales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of azoningclearance. Temporary uses lasting more than 180 days require an AP 5. Drive-through facilities associated with permitted uses in the zone other than CUP eating and drinking places (Not allowed in C-2 Zone) ]Blank] = Not permitted AP = Administrative Permit CUP= Conditional Use Permit NZC = No Zoning Clearance Required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Chambers Group. Inc. 10 taitwl smch for rhe GT crrchons" Dlr%c )Iml Center Proiec£ 1.2.4 Documents Incorporated by Reference In August 1996, the City prepared an Environmental Impact Report analyzing the Manufacturing Plan Facilities and Commercial Development Plan (1996 Plan) proposed by Special Devices Incorporated for new consolidated manufacturing facilities within the City. Special Devices Incorporated proposed the development of manufacturing and commercial facilities, which were not able to be accomplished under the zoning and land use designations at that time. Therefore, the proposed development required an amendment to the General Plan as well as a Zoning Designation change. The 1996 Plan included a General Plan Amendment, Zone Change, Vesting Tentative Map, Industrial Planned Development, and Development Agreement for the proposed development. The 1996 Plan and associated EIR will be incorporated by reference in the Initial Study for the Proposed Project to identify any consistencies or inconsistencies with the City's General Plan and will be used to identify analyses that have been previously conducted for the Project site. 1.3 PROJECT DESCRIPTION The Project requests to expand the existing uses outlined in the Development Agreement to allow the siteto be made available for additional use types. This would require amending the zoning code to allow expanded uses at the Project site by including additional allowable uses with an approved Conditional UsePermit similar to the uses under the Industrial Park (M-1) zoning designation. The additional allowable uses in the proposed amended zone language are as follows: 4.1.a. Laboratories: research and scientific, upon the grant of a conditional use permit. 4.1.b. Manufacturing and assembly including, but not limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030, upon the grant of a conditional use permit. 4.1.c. Motion picture, television, or still photography production (and related activities and structures) in accordance with Section 12.28.120, upon the grant of a conditional use permit. 4.1.d. Warehousing, with at least 10 percent of the floor area of the building dedicated to retail uses upon the grant of a conditional use permit. The proposed new definitions for Chapter 17.08.010 are as follows: "Motion picture and television production studio" shall mean a fixed place of business where filming activities (motion or still photography) are regularly conducted upon the premises. "Photography Studio" shall mean a fixed place of business where still photography activities are regularlyconducted upon the premises. The revised zoning code would introduce new uses that could be conditionally permitted within the CPD zone on project sites meeting the following conditions: Chambers <iroup. fnc. hurtal Stuc(r 10r the fk'urehous,, Dis( oant Center Pr-« ject 1. Sites greater than eight acres that are adjacent to both a freeway interchange and an arterial roadway as identified in the circulation element and that are not adjacent to planned residential uses. 2. With at least 10% of the floor area of the building dedicated to retail uses. Warehousing uses that will create a point-of-sale allocation to the City of Moorpark and provide evidence of generating more than ten million dollars ($10,000,000) in annual sales may dedicate less than 10% of the floor area to retail uses. The subject project site is the only property within the City of Moorpark that meets Condition #1. The revised zoning code would not create a development or change the use to any individual property within the CPD zone. The implementation of the revised zoning code and all new uses would require the preparation of a Conditional Use Permit, separate CEQA analysis and a public hearing. The Project will not include any ground disturbance or physical alteration of the Project site or the existing building at this time. Current operations will remain. 1.3.1 Permits and Agreements As required by the California Environmental Quality Act (CEQA) Guidelines, this section provides, to the extent the information is known, a list of permits and other approvals required to implement the Project. The following discretionary approvals are required for the Project: Development Agreement Amendment Zoning Ordinance Amendment Chambers Oroup. inc. 12 Insall stacil 167- the Wal-Lfhousc Lbscolall Center Project Figure 1: Project Vicinity Map Project Location Figure I Warehouse Discount center Project Vicinity N 750 1.500 3,000 Feet CHAMBERS GRoup Figure 2: Project Location IlOwl Srmlt tOr the T1 ii chomw Djsc,,ww Project -- ------------ m - Figure 3: Existing Zoning hmribers Oroup. Inc. Initial stucfi far tore 61m crirotrse, Discount Center Proiect SECTION 2.0 — ENVIRONMENTAL DETERMINATION 2.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would potentially be affected by this project, involving at least one impact that is a "Potentially Significant Impact," as indicated by the checklists on the following pages. For each of the potentially affected factors, mitigation measures are recommended that would reduce the impacts to less than significant levels. ❑ Aesthetics ❑ Agriculture and Forestry Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Energy ❑ Geology /Soils ❑ Greenhouse Gas Emissions ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/ Planning ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation ❑ Tribal Cultural Resources ❑ Utilities /Service Systems ❑ Wildfire ❑ Mandatory Findings of Significance 2.2 DETERMINATION On the basis of this initial evaluation: 1. 1 find that the project could not have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 2. 1 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. A MITIGATED NEGATIVE DECLARATION will be prepared. 3. 1 find the proposed project may have a significant effect on the environment, and an ❑ ENVIRONMENTAL IMPACT REPORT is required. 4. 1 find that the proposed project may have a "potentially significant impact" or ❑ "potentially significant unless mitigated impact" on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuantto applicable legal standards, and (2) has been addressed by mitigation measures based on the earlieranalysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 5. 1 find that although the proposed project could have a significant effect on the ❑ environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. September 2 2021 Signature Date Douglas Spondello, AICP Interim Community Development Director Name Title Ih Initial Stueh,)nr the Ww chntict I7isunrnt Cenlei, Prujet SECTION 3.0—EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including offsite as well as onsite, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if substantial evidence exists that an effect may be significant. If one or more "Potentially Significant Impact" entries are marked when the determination is made, an Environmental Impact Report (EIR) is required. 4. "Negative Declaration: Less Than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from earlier analyses may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Initial Studv Por the Wa, ehouye Discowit Cerate t' Proiec't 8. The explanation of each issue should identify: a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significant. *Note: Instructions may be omitted from final document. Mitta/ Stucl_r /nr the lY"ctrehmise Ui.sc�mnt C'enl er Project SECTION 4.0 — CHECKLIST OF ENVIRONMENTAL ISSUES 4.1 AESTHETICS 4.1.1 Impact Analysis a) Would the project have a substantial adverse effect on a scenic vista? No Impact. The Project site is located in the vicinity of a number of City -designated scenic corridors, including the Arroyo Simi creek, Los Angeles Avenue, Tierra Rejada Road, and State Route 23 (SR -23, Moorpark Freeway) (City 1986). However, the Project involves zoning code and development agreement amendments to allow additional conditionally permitted uses on the Project site, which iszoned CPD. Implementation ofthe amended zoning code could result in changes to the Project site inthe future, but the current Project will not include any ground disturbance or physical alteration of the existing building on site at this time. Further, current operations at the Project site will remain. Any significant changes to the physical appearance of the Project site or other CPD zones in the futurewould be evaluated on a case-by- case basis. However, the current Project would not have adverse effects on a scenic vista; and no impacts would occur. b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The Project is not located within a state scenic highway, and no officially designated statescenic highways are in the vicinity of the Project site (Caltrans 2019). The Project involves zoning codeand development agreement amendments to allow additionally conditionally permitted uses on the Project site. Implementation of the amended zoning code could result in changes to the Project site in the future, but the current Project will not include any ground disturbance or physical alteration ofthe existing building on site. Additionally, current operations at the Project site will remain. Thus, no trees, rocks, outcroppings, or historic buildings would be damaged as a result of the Project; and no impacts to scenic resources within a state scenic highway would occur. CbambQrs Group. Inc. ] y Less than AESTHETICS. Potentially Significant Less Than 1. Except as provided in Public Resources Code Significant with Significant No Section 21099, would the project: Impact Mitigation Impact Impact Impact Incorporated (a) Have a substantial adverse effect on a scenic vista? (b) Substantially damage scenic resources, including,but not limited to, trees, rock outcroppings, and ❑ ❑ historic buildings within a state scenic highway? (c) In non -urbanized areas, substantially degrade the existing visual character or quality of public views of he site and its surroundings? (Public views are those that are experienced from publicly accessible vantage ❑ ❑ point). If the project is in an urbanized area,would the project conflict with applicable zoning and other regulations governing scenic quality? (d) Create a new source of substantial light or glarewhich would adversely affect day or nighttime views ❑ ❑ in the area? 4.1.1 Impact Analysis a) Would the project have a substantial adverse effect on a scenic vista? No Impact. The Project site is located in the vicinity of a number of City -designated scenic corridors, including the Arroyo Simi creek, Los Angeles Avenue, Tierra Rejada Road, and State Route 23 (SR -23, Moorpark Freeway) (City 1986). However, the Project involves zoning code and development agreement amendments to allow additional conditionally permitted uses on the Project site, which iszoned CPD. Implementation ofthe amended zoning code could result in changes to the Project site inthe future, but the current Project will not include any ground disturbance or physical alteration of the existing building on site at this time. Further, current operations at the Project site will remain. Any significant changes to the physical appearance of the Project site or other CPD zones in the futurewould be evaluated on a case-by- case basis. However, the current Project would not have adverse effects on a scenic vista; and no impacts would occur. b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The Project is not located within a state scenic highway, and no officially designated statescenic highways are in the vicinity of the Project site (Caltrans 2019). The Project involves zoning codeand development agreement amendments to allow additionally conditionally permitted uses on the Project site. Implementation of the amended zoning code could result in changes to the Project site in the future, but the current Project will not include any ground disturbance or physical alteration ofthe existing building on site. Additionally, current operations at the Project site will remain. Thus, no trees, rocks, outcroppings, or historic buildings would be damaged as a result of the Project; and no impacts to scenic resources within a state scenic highway would occur. CbambQrs Group. Inc. ] y Initial Studr 6w the GP'irehouse 1>iscount Center project c) Would the project, in non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No Impact. The Project site is located within an urbanized area oft he City visible from the City's Arroyo Simi creek and Moorpark Freeway scenic corridors. Nonetheless, the Project involves zoning code and development agreement amendments and will not include any ground disturbance or physicalalteration of the existing building on site at this time. Further, current operations at the Project site will remain unchanged. The existing development on site is consistent with all development and design standards dictated by the City's zoning and land use regulations. Any changes to the physical appearance of the Project site or other CPD zones in the future would be evaluated on a case- by -case basis. No impacts to the City's visual character and public views would result from the current Proposed Project. d) Create anew source of substantial light or glare which would adversely affect day or nighttime views in the area? No Impact. The Project involves a zoning code amendment and will not include any ground disturbance or physical alteration of the existing building on site at this time. Further, current operations at the Project site will remain. Any future changes to the light sources on the Project site or within other CPD zones would be evaluated on a case-by-case basis. Therefore, no new sources oflight or glare would be introduced as a result of the Project; and no impacts would occur. 4.2 AGRICULTURE & FORESTRY RESOURCES AGRICULTURE & FOREST RESOURCES. (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In Less than determining whether impacts to forest resources, Potentially Significant with Less Than 2. including timberland, are significant environmental Significant Mitigation Significant No effects, lead agencies may refer to information Impact Incorporated Impact Impact Impact compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forestland, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: (a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the El Z Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Ininal Stich' /nr the bt rreh,mr c Oiscnu;rt t e,rfe, F'ruleet (b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public ❑ Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(8))? (d) Result in the loss of forest land or conversion of El Z .forest land to non -forest use? (e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or he conversion of forest land to non -forest use? 4.2.1 Impact Analysis a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The City's Zoning Map designates the Project site as Commercial Planned Development (CPD) (City 2020b). The uses for CPD properties include retail and service uses, eating and drinking places, office and professional uses, manufacturing, public and semipublic uses, and accessory and miscellaneous uses as stated in Chapter 17.20 of the City's Municipal Code. None of the allowable uses for the CPD zoning designation involve agricultural activities. Additionally, according to the California Department of Conservation's Important Farmland Finder, the Project site does not encompass Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (DOC 2021a). Thus, the Project would not convert farmland to non-agricultural use; and no impacts would occur. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. As mentioned above, the City's Zoning Map designates the Project site as CPD; and noneof the allowable uses for this zoning designation involve agricultural activities (City 2020b). Moreover,a map of agricultural preserves produced for the County's 2040 General Plan Update shows that no lands under Williamson Act contracts are within the Project site (County 2020). The Project would notconflict with any existing zones for agricultural use or a Williamson Act contract; therefore, no impactwould occur. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The Project site is zoned CPD, and no land is designated as forest land or timberland withinthe Project site (City 2020b). Thus, the zoning code amendment associated with the Project would notconflict with existing zoning for, or cause rezoning of, forest land; and no impact would occur. d) Would the project result in the loss of forest land or conversion of forest land tonon-forest use? Adial Srudr f o the Wat shouse Discount Center Project No Impact. The Project site is zoned CPD, and no land within the Project site is designated as forest land or timberland (City 2020b). Thus, the zoning code amendment associated with the Project wouldnot result in the loss or conversion of forest land; and no impact would occur. e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or the conversion of forest land to non forest use? No Impact. The Project site is currently zoned CPD and does not encompass Prime Farmland, Unique Farmland, or Farmland of Statewide Importance; land currently under a Williamson Act contract; or land designated for agricultural, or forest uses (County 2020; DOC 2021a). The zoning code amendment proposed under the Project would not result in the conversion or loss of farmland or forest land; therefore, no impacts would occur. 4.3 AIR QUALITY 4.3.1 Impact Analysis a) Would the project conflict with or obstruct implementation of the applicable air quality plan? No Impact. The Project site is located within the South -Central Coast Air Basin (Basin) and the boundaries of the Ventura County Air Pollution Control District (VCAPCD) (VCAQMD 2017). The Project involves zoning code and development agreement amendments to expand uses on the Projectsite. The Project will not include any ground disturbances or physical alterations of the existing building on site at this time. Further, current operations at the Project site will remain unchanged. Any future development within the Project site or other CPD zones would be evaluated on a case-by-case basis. The current Project would not conflict with or obstruct implementation of the 2016 Ventura County Air Quality Management Plan; thus, no impacts would occur. b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard ? Chanil), rs Group. Inc. �� AIR QUALITY. Less than Where available, the significance criteria established by the applicable air quality Potentially Significant with Less Than No 3 management district or air pollution control district Significant Mitigation Significant Impact may be relied upon to make the following Impact Incorporated Impact determinations. Would the project: (a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? (b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is ❑ ❑ ❑ non -attainment under an applicable federal or state ambient air quality standard? (c) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations? (d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of ❑ ❑ ❑ people? 4.3.1 Impact Analysis a) Would the project conflict with or obstruct implementation of the applicable air quality plan? No Impact. The Project site is located within the South -Central Coast Air Basin (Basin) and the boundaries of the Ventura County Air Pollution Control District (VCAPCD) (VCAQMD 2017). The Project involves zoning code and development agreement amendments to expand uses on the Projectsite. The Project will not include any ground disturbances or physical alterations of the existing building on site at this time. Further, current operations at the Project site will remain unchanged. Any future development within the Project site or other CPD zones would be evaluated on a case-by-case basis. The current Project would not conflict with or obstruct implementation of the 2016 Ventura County Air Quality Management Plan; thus, no impacts would occur. b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard ? Chanil), rs Group. Inc. �� Initial Stuck fiw the War,-hause L)iscr,trrrt Center Project No Impact. The Project involves zoning code and development agreement amendments and will not include any ground disturbances or physical alterations of the Project site. Further, current operationsat the Project site will remain; and any future changes to the Project site or other CPD zones would be reviewed on a case- by-case basis. Therefore, the Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment; andno impacts would occur. c) Would the project expose sensitive receptors to substantial pollutant concentrations? No Impact. The VCAPCD Guidelines detail that carbon monoxide hotspots, fugitive dust, toxic air contaminant impacts, and San Joaquin Valley Fever Project -related impacts to nearby sensitive receptors should be analyzed. However, the Project involves zoning code and development agreement amendments and will not include any ground disturbances or physical alterations of the Project site. Further, current operations at the Project site will remain; and any future changes to the Project site or other CPD -zoned parcels would be reviewed on a case-by-case basis. No impacts regarding the Project's potential to expose sensitive receptors to substantial pollutant concentration swould occur. d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? No Impact. The Project would not create objectionable odors affecting a substantial number of people, as the Project involves zoning code and development agreement amendments and will not include any ground disturbances or physical alterations of the Project site at this time. Any future emissions resulting from alterations to the current Project site, or any other parcels zoned CPD, wouldbe analyzed on a case-by-case basis. Therefore, no impacts regarding emissions would occur. 4.4 BIOLOGICAL RESOURCES Less than Potentially Significant Less Than 4 BIOLOGICAL RESOURCES. Significant with Significant No Would the project: Impact Impact Mitigation Impact Incorporated (a) Have a substantial adverse effect, either directly or 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? (b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, ❑ El ❑ regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? (c) Have a substantial adverse effect on state orfederally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct ❑ ❑ ❑ removal, filling, hydrological interruption, or other means? 4.4.1 Impact Analysis a) Would the project have a substantial adverse effect, either directly or through habitat modification, on any species identified as 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? No Impact. According to the United States Fish and Wildlife Service's (USFWS's) Critical Habitat for Threatened & Endangered Species online database, no critical habitat is located within the Project site or in close proximity to the site (USFWS 2021a). The Project also involves zoning code and development agreement amendments and does not require any ground disturbance or physical alteration of the site or surrounding area. In addition, current operations at the Project site will remain. Therefore, the Project would not adversely affect species identified as candidate, sensitive, or special status; and no impacts would occur. b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c) Would the project have a substantial adverse effect on state or federally protected wetlands (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. According to the USFWS's National Wetlands Inventory, no riparian habitat occurs withinthe Project site boundary. Land bordering the Project site to the north and east is classified as Freshwater Forested/Shrub Wetland and Forested/Shrub Riparian habitat; however, the Project involves zoning code and development agreement amendments and does not require any ground disturbance or physical alteration of the site or surrounding area (USFWS 2021b). The Project site would continue to operate as it is currently. Therefore, no onsite or offsite impacts to nearby wetlands, riparian habitat, or a sensitive natural community would result from the Project. Less than Potentially Significant Less Than 4 BIOLOGICAL RESOURCES. Significant with Significant No Would the project: Impact Mitigation Impact Impact Incorporated (d) Interfere substantially with the movement of any native 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? (e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? (f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation ❑ ❑ ❑ Plan, or other approved local, regional, or state habitat conservation plan? 4.4.1 Impact Analysis a) Would the project have a substantial adverse effect, either directly or through habitat modification, on any species identified as 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? No Impact. According to the United States Fish and Wildlife Service's (USFWS's) Critical Habitat for Threatened & Endangered Species online database, no critical habitat is located within the Project site or in close proximity to the site (USFWS 2021a). The Project also involves zoning code and development agreement amendments and does not require any ground disturbance or physical alteration of the site or surrounding area. In addition, current operations at the Project site will remain. Therefore, the Project would not adversely affect species identified as candidate, sensitive, or special status; and no impacts would occur. b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c) Would the project have a substantial adverse effect on state or federally protected wetlands (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. According to the USFWS's National Wetlands Inventory, no riparian habitat occurs withinthe Project site boundary. Land bordering the Project site to the north and east is classified as Freshwater Forested/Shrub Wetland and Forested/Shrub Riparian habitat; however, the Project involves zoning code and development agreement amendments and does not require any ground disturbance or physical alteration of the site or surrounding area (USFWS 2021b). The Project site would continue to operate as it is currently. Therefore, no onsite or offsite impacts to nearby wetlands, riparian habitat, or a sensitive natural community would result from the Project. hilliml Snid� int the 4Pc;i ehouse 1.)iscoitnt Center Project d) Would the project Interfere substantially with the movement of any native 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? No Impact. The Project is located approximately 200 feet west of the Arroyo Simi creek, which may provide a means of movement and migration, as well as a nursery, for fish species in the area. The Project involves zoning code and development agreement amendments and does not require any ground disturbance or physical alteration of the site or surrounding area. Moreover, current operations at the Project site will remain. No other potential wildlife corridors have been identified inthe Project vicinity. As the Project would not require construction activities or introduce new operational activities that could impede the flow of the Arroyo Simi creek or impeded wildlife corridors or movement, no impacts would occur. e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. According to the City's Municipal Code Chapter 12.12 Historic Trees, Native Oak Trees, and Mature Trees, tree removal permits are required to remove, cut down, or destroy a native oak tree, historic tree, or other mature tree. The Project involves zoning code and development agreement amendments and does not require any ground disturbance or physical alteration of the site or surrounding area. As the Project does not propose to remove trees on site, the Project would comply with the City's Tree Preservation Ordinance; and no impacts would occur. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservancy Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project site is not located in an area subject to an adopted Habitat Conservation Plan,Natural Community Conservation Plan, or other approved conservation plans. Therefore, no impactswould occur. 4.5 CULTURAL RESOURCES 4.5.1 Impact Analysis a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? Less than CULTURAL RESOURCES. Potentially Significant Less Than No 5 Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated (a) Cause a substantial adverse change in thesignificance of a historical resource pursuant to ❑ ❑ ❑ § 15064.5? (b) Cause a substantial adverse change in thesignificance of an archaeological resource pursuant ❑ ❑ ❑ o §15064.5? (c) Disturb any human remains, includingthose interred ❑ ❑ ❑ outside of formal cemeteries? 4.5.1 Impact Analysis a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? Initial Stuclr )i)v the Wu; ehouse Oiernunt Ccwer Project No Impact. According to the CEQA Guidelines and the California Office of Historic Preservation, buildings constructed over 50 years ago and possessing architectural or historical significance may beconsidered potential historic resources; the proposed changes to these buildings may require some level of environmental review. The existing building on the Project site is approximately 15 years old;thus, it is not considered a historic resource (DAUM 2021). Although there is potential for subs urfacehistoricaI resources to be located within the Project site, the Project involves zoning code and development agreement amendments and does not require any ground disturbance or physical alteration of the existing site or surrounding area that could impact subsurface resources. Therefore,no impacts would occur. b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? No Impact. There is potential for subsurface archeological resources to be located within the Projectsite; but, as mentioned above, the Project involves zoning code and development agreement amendments and does not require any ground disturbance or physical alteration of the existing site or surrounding area that could impact these subsurface resources. Therefore, no impacts would occur. c) Would the project disturb any human remains, including those interred outside of formal cemeteries? No Impact. Although the Project site does not contain a formal cemetery or any known burial grounds,limited potential remains for subsurface human remains to be located within the Project site. As previously mentioned, no ground -disturbing activities that could impact these subsurface resources are associated with the Project, which involves zoning code and development agreement amendments. Thus, no impacts would occur. 4.6 ENERGY 4.6.1 Impact Analysis a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? No Impact. The Project involves zoning code and development agreement amendments and does notrequire any ground disturbance or physical alteration of the existing site. Current operations onsite will also remain; thus, the amount of energy required onsite will stay consistent with currentconditions. Although the zoning code amendment proposed by the Project could intensify land use at Less than ENERGY Potentially Significant Less Than No 6. Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated (a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary ❑ consumption of energy resources, during project construction or operation? (b) Conflict with or obstruct a state or local plan El or renewable energy or energy efficiency? 4.6.1 Impact Analysis a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? No Impact. The Project involves zoning code and development agreement amendments and does notrequire any ground disturbance or physical alteration of the existing site. Current operations onsite will also remain; thus, the amount of energy required onsite will stay consistent with currentconditions. Although the zoning code amendment proposed by the Project could intensify land use at [Wilier! Jtuchjhr the H,'M, rhou.se L)icrrnm! 1 &-mer Pro/c ct the Project site and other CPD -zoned parcels in the future, these would be reviewed on a case -by- case basis. Current energy usage at the Project site would continue to avoid being wasteful, inefficient, or unnecessary; therefore, no impacts would occur. b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No Impact. The Project consists of zoning code and development agreement amendments and does not require any ground disturbance or physical alteration of the existing site. Current operations onsite will also remain unchanged. The existing development on the Project site would continue to comply with all applicable State and local regulations related to renewable energy and energy efficiency, including the 2019 California Building Energy Efficiency Standards and the 2019 California Green Building Standards Code. The existing development would also continue to align with any applied energy efficiency requirements detailed in the City's sustainability report and General Plan. Any future alterations to or new development on the Project site would be required to comply with the City's energy standards as well. The Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency, resulting in no impacts. 4.7 GEOLOGY AND SOILS Less than GEOLOGY AND SOILS. Potentially Significant Less Than No 7 Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated (a) Directly or indirectly cause 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 toDivision of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including ❑ ❑ liquefaction? iv) Landslides? ET_ LJ (b) Result in substantial soil erosion or the loss of ❑ ❑ - opsoil? (c) Be located on a geologic unit or soil that is unstable,or hat would become unstable as a result of the project, and potentially result in on- or off-site landslide, ❑ ❑ lateral spreading, subsidence, liquefaction or collapse? (d) Be located on expansive soil, as defined in Table 18- 1-6 of the Uniform Building Code (1994), creating ❑ ❑ substantial direct or indirect risks to life or property? (e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater ❑ ❑ disposal systems where sewers are not available for he disposal of wastewater? 4.7.1 Impact Analysis a) i) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault as delineated on the most recent Alquist-Priolo Earthquake FaultZoning Map issued by the State Geologist for the area or basedon other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact. The City is located in a region with several active faults and therefore is subject to the riskand hazards associated with earthquakes. The Project site is not located within an Alquist-Priolo FaultZone but is approximately 1.1 miles north of the Simi -Santa Rosa fault zone (DOC 2021b). The California Department of Conservation (DOC) has designated an Alquist-Priolo Fault Zone for many ofthe traces of the Simi -Santa Rosa fault zone. The Project consists of zoning code and development agreement amendments and does not require any ground disturbances or physical alterations of theexisting site. Operations on the Project site will also continue as they are now. The Project would notexacerbate the risk of rupturing a known earthquake fault; thus, no impacts would result. ii) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? No Impact. As noted above, the Project site is subject to potential ground shaking due to nearby faults.The Project consists of zoning code and development agreement amendments and does not require any ground disturbances or physical alterations of the existing site. Current operations onsite will also remain unchanged. Therefore, the Project would not exacerbate the risk of ground shaking at the Project site, resulting in no impacts. iii) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic -related ground failure, including liquefaction? No Impact. A portion of the Project site is located within the Simi Valley West liquefaction zone; however, the Project consists of zoning code and development agreement amendments and does notrequire any ground disturbances or physical alterations that would exacerbate Project site conditions(DOC 2021b). Operations at the Project site would also remain the same. The Project would not exacerbate the risk of liquefaction, resulting in no impacts. iv) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides? No Impact. The Project site is flat and does not contain any slopes that pose a risk of landslide. The closest area prone to landslide is the Simi Valley West landslide zone adjacent to the eastern side of Charnbers Group. Inc. _ . Less than GEOLOGY AND SOILS. Potentially Significant Less Than No 7 Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated (f) Directly or indirectly destroy a unique paleontological resource or site or unique geological ❑ ❑ eature? I P 4.7.1 Impact Analysis a) i) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault as delineated on the most recent Alquist-Priolo Earthquake FaultZoning Map issued by the State Geologist for the area or basedon other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact. The City is located in a region with several active faults and therefore is subject to the riskand hazards associated with earthquakes. The Project site is not located within an Alquist-Priolo FaultZone but is approximately 1.1 miles north of the Simi -Santa Rosa fault zone (DOC 2021b). The California Department of Conservation (DOC) has designated an Alquist-Priolo Fault Zone for many ofthe traces of the Simi -Santa Rosa fault zone. The Project consists of zoning code and development agreement amendments and does not require any ground disturbances or physical alterations of theexisting site. Operations on the Project site will also continue as they are now. The Project would notexacerbate the risk of rupturing a known earthquake fault; thus, no impacts would result. ii) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? No Impact. As noted above, the Project site is subject to potential ground shaking due to nearby faults.The Project consists of zoning code and development agreement amendments and does not require any ground disturbances or physical alterations of the existing site. Current operations onsite will also remain unchanged. Therefore, the Project would not exacerbate the risk of ground shaking at the Project site, resulting in no impacts. iii) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic -related ground failure, including liquefaction? No Impact. A portion of the Project site is located within the Simi Valley West liquefaction zone; however, the Project consists of zoning code and development agreement amendments and does notrequire any ground disturbances or physical alterations that would exacerbate Project site conditions(DOC 2021b). Operations at the Project site would also remain the same. The Project would not exacerbate the risk of liquefaction, resulting in no impacts. iv) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides? No Impact. The Project site is flat and does not contain any slopes that pose a risk of landslide. The closest area prone to landslide is the Simi Valley West landslide zone adjacent to the eastern side of Charnbers Group. Inc. _ . lrtitial SrtuliJur the Wurehmise Discount Center t'rote(t the Project site (DOC 2021b). As described, the Project involves zoning code and development agreement amendments and does not require any ground disturbances or physical alterations that would create a significant risk of landslides. Additionally, use of the Project site would remain the same, continuing current operations. Therefore, the Project would not exacerbate the risk of landslideon site; and no impacts would occur. b) Would the project result in substantial soil erosion or the loss of topsoil? No Impact. The Project involves zoning code and development agreement amendments and does notrequire any ground disturbances that would create soil erosion or the loss of topsoil. Additionally, useof the Project site would remain the same as current operations. Therefore, implementation of the Project would not result in impacts associated with soil erosion or the loss of topsoil. c) Would the project be located on a geologic unit or soil that is unstable, or 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? No Impact. The Project site is not within an active fault zone but is in close proximity to earthquake faults and landslide zones in the area. The Project is also partially located within the Simi Valley West Liquefaction Zone (DOC 2021b). The City is underlain primarily by two types of geologic units: relatively weak semi - consolidated sedimentary bedrock in the hilly and mountainous areas and loose, unconsolidated, alluvial sediments in the valleys and canyon bottoms (City 2001). Considering the Project does not require any ground disturbances or physical alterations of the existing site, no impacts regarding landslide, lateral spreading, subsidence, liquefaction, or collapse would occur as a result of the Project. d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No Impact. Expansive soils are certain types of clay soils that expand when saturated and shrink whendried. According to the United States Department of Agriculture's (USDA) Web Soil Survey, the soils on the Project site are primarily channery loam and Badland, which have a high permeability (USDA 2021; 2015). No soils that have a large clay component were identified within the Project site. Additionally, the Project would not require any ground disturbance or operational changes that couldexacerbate potential expansive soils on site; thus, no impact would occur. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The Project does not propose any changes to the existing sewer infrastructure on site. Nonew septic tanks or alternative wastewater disposal systems would be installed; therefore, no impactswould occur. f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geological feature? No Impact. The Department of Conservation's Geologic Map of California shows that the Project siteis underlain by nonmarine (continental) sedimentary rocks from the Pliocene -Pleistocene (DOC Chambers Group. Inc. Initial J7uch j;,t. the TVnchonse Discount Centex Prop,( t 2021c). In general, the potential for a given project to result in adverse impacts to paleontological resources is directly proportional to the amount of ground disturbance associated with the Project. The Project requires no ground disturbances or physical alterations to the Project site. Therefore, there is no risk to unique paleontological resources or geological features; and no impacts would occur. 4.8 GREENHOUSE GAS EMISSIONS 4.8.1 Impact Analysis a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? No Impact. The Project involves a zoning code amendment and a development agreement amendment. No ground disturbances or physical alterations of the Project site are proposed at this time. Further, current operations at the Project site will remain. No impacts regarding the Project's potential to generate greenhouse gas emissions would occur. b) Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact. The Project would not conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing GHG emissions. Neither the City nor the VCAPCD has adopted aClimate Action Plan or other qualified GHG reduction plan. The Southern California Association of Governments (SCAG) has incorporated a sustainable community strategy into its 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) plan, which is designed to help theregion achieve its Senate Bill (SB) 375 GHG emissions reduction targets. The SCAG's 2016-2040 RTP/SCS demonstrates that the SCAG region would achieve its regional emissions reduction targets for the 2020 and 2035 target years. The Project would not alter the basic population projections used in the plan, and the existing development on site is consistent with the City's General Plan land use designations for the Project site. Furthermore, even with the zoning amendment and development agreement amendment, significant site changes that could conflict with GHG emission reduction goals would not result. Any future new development on site would be reviewed on a case-by-case basis for consistency with the RTP/SCS, the City's General Plan, and the City's zoning map. Therefore, the Project would be consistent with the applicable plans and programs designed to reduce GHG emissions; and no impactswould occur. Less than GREENHOUSE GAS EMISSIONS. Potentially Significant Less Than No $ Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated (a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on ❑ ❑ ❑ he environment? (b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions ❑ [E] ❑ of greenhouse gases? 4.8.1 Impact Analysis a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? No Impact. The Project involves a zoning code amendment and a development agreement amendment. No ground disturbances or physical alterations of the Project site are proposed at this time. Further, current operations at the Project site will remain. No impacts regarding the Project's potential to generate greenhouse gas emissions would occur. b) Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact. The Project would not conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing GHG emissions. Neither the City nor the VCAPCD has adopted aClimate Action Plan or other qualified GHG reduction plan. The Southern California Association of Governments (SCAG) has incorporated a sustainable community strategy into its 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) plan, which is designed to help theregion achieve its Senate Bill (SB) 375 GHG emissions reduction targets. The SCAG's 2016-2040 RTP/SCS demonstrates that the SCAG region would achieve its regional emissions reduction targets for the 2020 and 2035 target years. The Project would not alter the basic population projections used in the plan, and the existing development on site is consistent with the City's General Plan land use designations for the Project site. Furthermore, even with the zoning amendment and development agreement amendment, significant site changes that could conflict with GHG emission reduction goals would not result. Any future new development on site would be reviewed on a case-by-case basis for consistency with the RTP/SCS, the City's General Plan, and the City's zoning map. Therefore, the Project would be consistent with the applicable plans and programs designed to reduce GHG emissions; and no impactswould occur. Initial Stuch- ji i the 6 tochmise Oiscoow Ccioer Argjecr 4.9 HAZARDS AND HAZARDOUS MATERIALS 4.9.1 Impact Analysis a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. The Project involves a zoning code amendment and a development agreement amendment. No ground disturbance or physical alteration of the Project site is proposed. Further, operations at the Project site will remain unchanged. The operation of the facility necessitates the routine transport of potentially hazardous commercial materials, including but not limited to, gasoline, oil, solvents, cleaners, paint, pesticides, and fertilizer. Any potentially hazardous materials used or found on site would continue to be handled in accordance with State and federal regulations regarding the transport, use, and storage of hazardous materials. No new hazards would be introduced as a result of the Project; thus, no impacts would occur. b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Chamb�rs Group. Inc. Less than HAZARDS AND HAZARDOUS MATERIALS. Potentially Significant Less Than No 9. Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated (a) Create a significant hazard to the public or the environment through the routine transport, use, or ❑ ❑ disposal of hazardous materials? (b) Create a significant hazard to the public or the environment through reasonably foreseeable upset ❑ ❑ ❑ and accident conditions involving the release of hazardous materials into the environment? (c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste ❑ ❑ within one-quarter mile of an existing or proposed school? (d) Be located on a site which is included on a list of 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? (e) For a project located within an airport land use planor, where such a plan has not been adopted, within 2 miles of a public airport or public use airport,would ❑ ❑ ❑ K he project result in a safety hazard or excessive noise for people residing or working in the project area? (f) Impair implementation of or physically interferewith an adopted emergency response plan or ❑ ❑ ❑71 emergency evacuation plan? (g) Expose people or structures, either directly or indirectly, to a significant riskof loss, injury, ordeath ❑ ❑ ❑ involving wildland fires? 4.9.1 Impact Analysis a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. The Project involves a zoning code amendment and a development agreement amendment. No ground disturbance or physical alteration of the Project site is proposed. Further, operations at the Project site will remain unchanged. The operation of the facility necessitates the routine transport of potentially hazardous commercial materials, including but not limited to, gasoline, oil, solvents, cleaners, paint, pesticides, and fertilizer. Any potentially hazardous materials used or found on site would continue to be handled in accordance with State and federal regulations regarding the transport, use, and storage of hazardous materials. No new hazards would be introduced as a result of the Project; thus, no impacts would occur. b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Chamb�rs Group. Inc. Aliticr/ Srut7_r (nr the TVarehou,ce Discount (. mute r Project No Impact. The Project involves a zoning code amendment and a development agreement amendment. No ground disturbance or physical alteration of the existing building onsite is proposedat this time. Further, current operations at the Project site will remain unchanged. Use of hazardous materials during operations would continue to be limited to the use of commercially available substances. All operational activities would continue to adhere to local standards set forth by the City,as well as State and federal health and safety requirements that are intended to minimize risk to thepublic from hazardous materials, such as California Division of Occupational Safety and Health (Cal/OSHA) requirements, the Hazardous Waste Control Act, the California Accidental Release Prevention (CaIARP) Program, and the California Health and Safety Code. As a result, the Project wouldnot create a significant hazard to the public orthe environment through reasonably foreseeable upsetand accident conditions involving the release of hazardous materials; no impacts would occur. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. No ground disturbances or physical alterations of the Project site are proposed as part ofthe Project. Operations atthe Project site would also remain unchanged. Therefore, the Project would not require an expanded use of potentially hazardous commercial materials. Further, the Project siteis not within 0.25 mile of an existing or proposed school. Operations at the Project site would continueto comply with local regulations and standards set forth by the City, State, and federal governments; thus, no impacts would occur. d) Would the project be located on a site which is included on a list of 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? No Impact. A review of federal and State standard and supplemental databases indicated that the Project site is not located within an identified hazardous material site pursuant to Government Code Section 65962.5. The closest open hazardous site is approximately 0.75 mile southwest of the Projectsite; but it has been eligible for closure since February 12, 2020 (SWRCB 2021; DTSC 2021). The Projectwould not create a significant hazard to the public or the environment as no activities are proposed that would disturb a hazardous materials site; no impacts would occur. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The Project site is located approximately 12 miles southeast of Santa Paula Airport and 14 miles northeast of Camarillo Airport (Google 2021). The Project site is not within the Airport Influence Area for either of these airports (ALUC 2000). No impact would occur. f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. According to the Safety Element of the City's General Plan, the City has developed an Emergency Services Program to maintain a responsible level of emergency preparedness. This program includes City staff receiving training in emergency preparedness, management, and mitigation; the City maintaining the Emergency Operations Center (EOQ the City organizing and h0w/ Siudl ibr rh<, GY"'II "hoiIce Discount 'euG r 1'r'oject training a Disaster Assistant Response Team composed of volunteers; and the City promoting emergency planning, training, public awareness, and education (City 2001). The EOC is the focal pointfor coordination of the City's emergency planning, training, response, and recovery efforts for emergencies and major disasters (City 2021). Additionally, the County's Multi -Hazard Mitigation Plan(MHMP) includes an overview of the risk assessment process and identifies hazards present in the jurisdiction, hazard profiles, and vulnerability assessments. The plan also identifies goals, objectives, and actions for each jurisdiction in the County, including participating cities (such as Moorpark) and unincorporated areas of the County (County 2015). The Project involves a zoning code amendmentand development agreement amendment and will notinclude any ground disturbance or physical alteration of the Project site. The Project would not interfere with the City's Emergency Services Program or the MHMP because it would not prohibit subsequent programs or plans from being established or prevent the goals and objectives of existingplans from being carried out. No impacts regarding an emergency response or evacuation plan wouldoccur. g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No Impact. The Project is not located within CAL FIRE's designated Very High Fire Severity Zone (CAL FIRE 2021). Moreover, the Project involves a zoning code amendment and a development agreement amendment, so no ground disturbance or physical alteration of the Project site could create risk involving wildland fires. Current operations at the Project site will remain unchanged; therefore, operations on the site would not exacerbate the risk of fire. The Project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires; and no impacts would occur. 4.10 HYDROLOGY AND WATER QUALITY Chambers Group. Inc. Less than HYDROLOGY AND WATER QUALITY. Potentially Significant Less Than No 10. Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated (a) Violate any water quality standards or waste discharge requirements or otherwise substantially ❑ ❑ ❑ degrade surface or ground water quality? (b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge ❑ ❑ ❑ such that the project may impede sustainable groundwater management of the basin? (c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off- ff-site; s te; ii) Substantially increase the rate or amount of surface runoff in a manner which would result in ❑ ❑ ❑ 'l" flood on- or off-site; Chambers Group. Inc. Initial Shrdr jnr the U'arehonse Discount Conler Project 4.10.1 Impact Analysis a) Would the project violate any water quality standards or waste discharge requirements, or otherwise substantially degrade surface or ground water quality? No Impact. The Project involves a zoning code amendment and development agreement amendmentand will not include any ground disturbance or physical alteration of the Project site. The Project would therefore not increase the impervious surfaces on the Project site, and existing drainage patterns would remain unchanged. Additionally, operations on the Project site would continue as theyare currently and would not degrade surface or groundwater quality. The Project would not violate water quality standards or discharge requirements, and no impacts would occur. b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No Impact. The Ventura County Water and Sanitation Department (VCWSD) operates and maintains water and wastewater infrastructure for the City, which is located in Ventura County Waterworks District (VCWWD) Number 1. VCWWD's water supply comes from both imported and local sources. In 2019, approximately 80 percent of VCWWD's total water supply came from the State Water Project, and approximately 20 percent came from groundwater wells in the City. Groundwater is currently produced from the East Las Posas Groundwater Basin, which is managed by Fox Canyon GroundwaterManagement Agency (FCGMA), via five wells owned and operated by VCWWD. Production ranges from 600 gallons per minute (gpm) to 1,100 gpm, and an existing total system capacity of approximately 3,500 gpm (VCWWD 2016). The Project consists of a zoning code amendment and a development agreement amendment to allow expanded uses in CPD zones. The Project would not include alterations to the existing development on the Project site that would decrease or interfere with groundwater recharge. The operations on site would remain unchanged. Therefore, water infrastructure and usage on site would not change asa result of the Project, and no impacts would occur. ,4 Less than HYDROLOGY AND WATER QUALITY. Potentially Significant Less Than No 10. Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated iii) Create or contribute runoff water which would exceed the capacity of existing or plan nedstormwater ❑ ❑ ❑ ,1 drainage systems or provide substantial additional sources of polluted runoff; or iv) Impede or redirect flood flows? (d) In flood hazard, tsunami, orseiche zones, risk release ❑ ❑ of pollutants due to project inundation? (e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater ❑ ❑ management plan? 4.10.1 Impact Analysis a) Would the project violate any water quality standards or waste discharge requirements, or otherwise substantially degrade surface or ground water quality? No Impact. The Project involves a zoning code amendment and development agreement amendmentand will not include any ground disturbance or physical alteration of the Project site. The Project would therefore not increase the impervious surfaces on the Project site, and existing drainage patterns would remain unchanged. Additionally, operations on the Project site would continue as theyare currently and would not degrade surface or groundwater quality. The Project would not violate water quality standards or discharge requirements, and no impacts would occur. b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No Impact. The Ventura County Water and Sanitation Department (VCWSD) operates and maintains water and wastewater infrastructure for the City, which is located in Ventura County Waterworks District (VCWWD) Number 1. VCWWD's water supply comes from both imported and local sources. In 2019, approximately 80 percent of VCWWD's total water supply came from the State Water Project, and approximately 20 percent came from groundwater wells in the City. Groundwater is currently produced from the East Las Posas Groundwater Basin, which is managed by Fox Canyon GroundwaterManagement Agency (FCGMA), via five wells owned and operated by VCWWD. Production ranges from 600 gallons per minute (gpm) to 1,100 gpm, and an existing total system capacity of approximately 3,500 gpm (VCWWD 2016). The Project consists of a zoning code amendment and a development agreement amendment to allow expanded uses in CPD zones. The Project would not include alterations to the existing development on the Project site that would decrease or interfere with groundwater recharge. The operations on site would remain unchanged. Therefore, water infrastructure and usage on site would not change asa result of the Project, and no impacts would occur. ,4 Irww/ S. irli 71,r ih ITS it <�h u.er Ut,;cr,r« it C��uic r c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources or polluted runoff, or iv) impede or redirect flood flows? No Impact. According to Federal Emergency Management Agency's (FEMA's) National Flood Hazard Layer Viewer, the Project site is not located within the FEMA designated floodway or floodplain (FEMA 2021). Further, the Project involves a zoning code amendment and development agreement amendment. No ground disturbance or physical alteration of the Projectsite is proposed. Additionally, operations on the Project site would be unchanged. The Project would therefore not increase erosion, siltation, or runoff on the Project site as impervious surfaces on site would not be altered. Existing drainage patterns on the Project site would remain,and no impacts would occur. d) Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No Impact. The Project is not located within the FEMA floodplain or floodway, and operations at the Project site would remain the same as existing operations on site (FEMA 2021). The Project would continue to necessitate the routine transport of potentially hazardous commercial materials, but any potentially hazardous materials used or found on site would continue to be handled in accordance with State and federal regulations. Additionally, no ground disturbance or physical alteration of the existing site is proposed; thus, drainage patterns would remain unchanged, and the risk of pollutant release would not increase. The Project is also over 20 miles east of the Pacific Ocean and is not in thevicinity of any waterbodies that have potential to produce a seiche (Google 2021). The Project has norisk of inundation; therefore, no impacts would occur. e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No Impact. The Project is located within the VCWWD Number 1 service area (VCWWD 2016). As a result of the Project, the existing structure on the Project site will remain in-place, no new structureswould be constructed, and drainage patterns would remain the same. The Project would continue to utilize the existing water and sewer infrastructure on site, and operations would remain the same. Additionally, an increase in groundwater extraction would not result from the Project. The Project would therefore not conflict with or obstruct the VCWWD 2015 Urban Water Management Plan, andno impacts would occur. C'lrinibcr� Group. [uc_ Initial Stuck- f w the U`arehmi e Div( owit Cewet Project 4.11 NOISE 4.11.1 Impact Analysis a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? No Impact. The Noise Element of the City's General Plan implements goals and policies to maintain acceptable environmental noise levels to protect City residents from excessive noise. The Noise Element establishes noise standards for single-family and multiple -family residential land uses as 65 Community Noise Equivalent Level (CNEL) for the exterior environment, 55 CNEL for the interior environment with windows open, and 45 CNEL for the interior environment with windows closed (City1998). Background noise, or ambient noise, is the noise level of normal and existing noise levels of a given area. In the City, the four major sources of noise are traffic on SR -118 and SR -23; traffic on arterials and local collector roadways; rail traffic on the east/west rail line bisecting the City; and commercial, industrial, and recreational activities adjacent to residential locations (City 1998). The existing immediate sources of ambient noise in the vicinity of the Project site come from SR -118, the rail line,vehicles (personal, commercial trucks, and shipping trucks), operational equipment from the nearby businesses, and other outdoor noises from customers and employees. The Project would not introduce a new noise source that would result in a permanent increase in ambient noise levels because no alterations to the existing development on site are proposed, and operations at the site would remain unchanged. No impacts regarding noise would result. b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels? No Impact. Groundborne noise occurs when vibrations radiate through a building's interior and it creates a low -frequency sound. A vibration is an oscillatory motion, or a back -and -forth movement from a place of rest. Indoor vibration is commonly caused by the operation of mechanical equipment Less than NOISE Potentially Significant Less Than No 11. Would the project result in: Significant with Significant Impact Impact Mitigation Impact Incorporated (a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local ❑ ❑ ❑ general plan or noise ordinance, or applicable standards of other agencies? (b) Generation of excessive groundborne vibration or El El Elgroundborne 71 noise levels? (c) For a project located within the vicinity of a private airstrip or an airport land use plan or, 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 inthe project area o excessive noise levels? 4.11.1 Impact Analysis a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? No Impact. The Noise Element of the City's General Plan implements goals and policies to maintain acceptable environmental noise levels to protect City residents from excessive noise. The Noise Element establishes noise standards for single-family and multiple -family residential land uses as 65 Community Noise Equivalent Level (CNEL) for the exterior environment, 55 CNEL for the interior environment with windows open, and 45 CNEL for the interior environment with windows closed (City1998). Background noise, or ambient noise, is the noise level of normal and existing noise levels of a given area. In the City, the four major sources of noise are traffic on SR -118 and SR -23; traffic on arterials and local collector roadways; rail traffic on the east/west rail line bisecting the City; and commercial, industrial, and recreational activities adjacent to residential locations (City 1998). The existing immediate sources of ambient noise in the vicinity of the Project site come from SR -118, the rail line,vehicles (personal, commercial trucks, and shipping trucks), operational equipment from the nearby businesses, and other outdoor noises from customers and employees. The Project would not introduce a new noise source that would result in a permanent increase in ambient noise levels because no alterations to the existing development on site are proposed, and operations at the site would remain unchanged. No impacts regarding noise would result. b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels? No Impact. Groundborne noise occurs when vibrations radiate through a building's interior and it creates a low -frequency sound. A vibration is an oscillatory motion, or a back -and -forth movement from a place of rest. Indoor vibration is commonly caused by the operation of mechanical equipment Initial Studv jurthe IVurehouse Di.scmtw Ccwc I Pored or from the movement of people. Outdoor vibration can be sourced from construction equipment, trains, and traffic (FTA 2018). As mentioned above, the Noise Element of the City General Plan implements goals and policies to maintain acceptable environmental noise levels to protect City residents from excessive noise. During operations, Section 17.53.070.E of the Municipal Code prohibits the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. any day of the week in such a manner as to cause a noise disturbance across a residential property line or at any time to violate the provisions ofSection 17.53.050. The Project involves a zoning code amendment and will not include any ground disturbances that could result in groundborne noise and vibration to the Project site. Further, currentoperations at the Project site will remain unchanged and will continue to comply with the City's Municipal Code. Thus, no impacts regarding the current Project's potential to generate excessive groundborne vibration or groundborne noise levels would occur. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public us airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The Project site is located approximately 12 miles southeast of Santa Paula Airport and 14 miles northeast of Camarillo Airport (Google Maps 2021). The Project site is not within the Airportlnfluence Area for either of these airports (ALUC 2000). No impact would occur. 4.12 LAND USE AND PLANNING 4.12.1 Impact Analysis a) Would the project physically divide an established community? No Impact. The Project site is zoned CPD and is designated in the City's General Plan as General Commercial (C-2). The Project proposes a zoning code amendment to allow additional conditionally permitted uses on the Project site that are currently not allowed in the CPD zone to be more consistent with the physical aspects of the property and the surrounding area. The additionalallowable uses in the proposed amended zone language are as follows: 4.1.a. Laboratories: research and scientific, upon the grant of a conditional use permit. 4.1.b. Manufacturing and assembly including, but not limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, Less than LAND USE/PLANNING Potentially Significant Less Than No 12. Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated (a) Physically divide an established community? ET -LJ L-1 (b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation ❑ ❑ Z adopted for the purpose of avoiding or mitigating an environmental effect? 4.12.1 Impact Analysis a) Would the project physically divide an established community? No Impact. The Project site is zoned CPD and is designated in the City's General Plan as General Commercial (C-2). The Project proposes a zoning code amendment to allow additional conditionally permitted uses on the Project site that are currently not allowed in the CPD zone to be more consistent with the physical aspects of the property and the surrounding area. The additionalallowable uses in the proposed amended zone language are as follows: 4.1.a. Laboratories: research and scientific, upon the grant of a conditional use permit. 4.1.b. Manufacturing and assembly including, but not limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, Inihal Stith_ Jiu, the IVaiehouse L)isun)wa Center Mwje" t medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030, upon the grant of a conditional use permit. 4.1.c. Motion picture, television, or still photography production (and related activities and structures) in accordance with Section 12.28.120, upon the grant of a conditional use permit. 4.1.d. Warehousing, with at least 10 percent of the floor area of the building dedicated to retailuses upon the grant of a conditional use permit. The Project would not include any ground disturbance or physical alteration of the Project site, and existing uses are currently consistent with the CPD zone. Further, operations at the Project site will remain unchanged. As a result of the zoning code amendment associated with the Project, future projects in the subject property may proposed additional conditionally permitted uses that are traditionally industrial in nature. However, the Project site is neighboring Ensign -Bickford parcels zoned Limited Industrial (M-2); the Science Drive area zoned Industrial Park (M-1); and the Princeton/Condor area zoned M-1 (City 2020b). Only the hotel and small retail building adjacent to the Project site are not zoned industrial. The Project site does not contain any parcels zoned for residential purposes. Therefore, execution of the zoning code amendment is not expected to physically divide an established community if industrial uses intensify on the Project site. b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact. The Project proposes a zoning code amendment to allow additional conditionally permitted uses on the Project site that are currently not allowed in the CPD zone to be more consistent with the physical aspects of the Project site and the surrounding area. The existing uses on site are consistent with the CPD zone, and no ground disturbance or physical alteration of the Project site is proposed. Further, current operations at the Project site will remain unchanged. Thus, the Project would not cause significant environmental impacts within the Project site. With the exception of the subject property, no other areas of the City would be affected by allowing additional conditionally permitted uses in CPD zones given the site-specific criteria included in the proposed ordinance. This includes that the site is greater than eight acres and adjacent to both a freeway interchange and an arterial roadway. Any subsequent uses proposed would be considered on a case-by-case basis and under separate analysis. Therefore, potential impacts associated with this Project would be less than significa nt. 4.13 MINERAL RESOURCES Chambers Group. Inc. Less than MINERAL RESOURCES Potentially Significant Less Than No 13. Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated (a) Result in the loss of availability of a known mineral resource that would be of value to the region and the ❑ ❑ residents of the state? Chambers Group. Inc. Inititn' Stuck ,)br the Wai ehouse I3iscount Cenler- F'roject (b) Result in the loss of availability of a locally -important Less than mineral resource recovery site delineated on a local ❑ ❑ Less Than No 14. general plan, specific plan or other land use plan? Significant with Significant Impact 4.13.1 Impact Analysis a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Would the project result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. According to the City's General Plan, no known mineral resources of statewide significance are within the City's limits; thus, no known mineral resources are within the Project site. Additionally,the Project entails a zoning code amendment and a development agreement amendment, which would not require ground disturbance or physical alteration of the Project site. The Project would notresult in the loss of availability of a known mineral resource, so no impacts would occur. 4.14 POPULATION AND HOUSING 4.14.1 Impact Analysis a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. The Project involves a zoning code amendment and development agreement amendment and will not include any ground disturbance or physical alteration of the Project site. Further, current operations at the Project site will remain unchanged. The zoning code amendment associated with the Project would allow additional conditionally permitted uses within the CPD zone but would not include the addition of residential uses. Implementation of the Project would therefore not result in the construction of new homes or result in the extension of roads or other infrastructure that could induce unplanned population growth. New businesses may result fromthe Project's zoning code amendment, but the population effects of any future development would be examined on a case-by-case basis. Thus, population impacts resulting from the Project would be less than significant. Less than POPULATION AND HOUSING. Potentially Significant Less Than No 14. Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated (a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, ❑ ❑ through extension of roads or other infrastructure)? (b) Displace substantial numbers of existing people or housing, necessitating the construction of ❑ ❑ ❑ replacement housing elsewhere? 4.14.1 Impact Analysis a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. The Project involves a zoning code amendment and development agreement amendment and will not include any ground disturbance or physical alteration of the Project site. Further, current operations at the Project site will remain unchanged. The zoning code amendment associated with the Project would allow additional conditionally permitted uses within the CPD zone but would not include the addition of residential uses. Implementation of the Project would therefore not result in the construction of new homes or result in the extension of roads or other infrastructure that could induce unplanned population growth. New businesses may result fromthe Project's zoning code amendment, but the population effects of any future development would be examined on a case-by-case basis. Thus, population impacts resulting from the Project would be less than significant. Mifirt! Siticir ji,i the 14i;,Amise OiscmmI Ce,itcr Pro, ecr b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. As mentioned above, the Project involves a zoning code amendment and development agreement amendment and will not include new construction that would displace existing people or housing. Other areas of the City may be affected by allowing additional conditionally permitted uses within the CPD zone that could result in displacement. However, the development of each of the CPD -zoned parcels would require separate analyses and would be considered on a case-by-case basis. Further, current operations at the Project site will remain unchanged. The zoning code amendment associated with the Project would expand conditionally permitted uses within the CPD zone. The Project would not require the construction of replacement housing elsewhere, as no impacts to housing would occur. 4.15 PUBLIC SERVICES 4.15.1 Impact Analysis a) 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 fire protection? b) 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 police protection? c) 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 schools? d) 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, Chambers Group. Inc. rtt�, Less than PUBLIC SERVICES. Potentially Significant Less Than No 15. Significant with Significant Impact Mitigation Impact Impact Impact Incorporated (a) Would the project result in substantial adverse physical impacts associated with the provision ofnew or physically altered governmental facilities,need for new or physically altered governmentalfacilities, 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: i) Fire Protection? ❑ ii) Police Protection? ❑ I ❑ iii) Schools? ❑ ❑ ❑ iv) Parks? ❑ ❑ ❑ V) Other public facilities? ❑ ❑ ❑ 4.15.1 Impact Analysis a) 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 fire protection? b) 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 police protection? c) 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 schools? d) 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, Chambers Group. Inc. rtt�, hIiIhil Stud_+ fi)E t{tP Ua;"ho cIse I)!sL,)UW t_'eI?ie; F'rviect the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for parks? e) 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 other public facilities? No Impact. The Project consists of a zoning amendment and development agreement amendment and would not require physical alterations to the Project site. Operations on the Project site would also remain unchanged. The zoning code amendment associated with the Project would the conditionally permitted uses within the CPD zone. Therefore, the Project would not result in the construction of new homes or in the extension of infrastructure that could result in population growthrequiring new or altered governmental facilities such as fire protection, police protection, schools, and parks. New businesses may result from the Project's zoning code amendment, but the effects of any future development on governmental facilities would be examined by the City on a case-by-casebasis. The Project would maintain current acceptable service ratios, response times, or other performance objectives for governmental facilities in the area; and no impacts would occur. 4.16 RECREATION 4.16.1 Impact Analysis a) 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? No Impact. Four parks are within an approximately 1 -mile radius of the Project site: Mammoth Highlands Park, Happy Camp Canyon Park, Virginia Colony Park, and Campus Park (Google 2021). The Project involves a zoning code amendment and development agreement amendment and will not include modifications to the Project site that would create direct or indirect impacts to existing parksor other recreational facilities. Further, current operations at the Project site will remain unchanged and would not result in changes to existing parks. New businesses may result from the Project's zoningcode amendment that may lead to increased population growth and increased demand on recreational facilities. However, any future development outside the Project site would be examined by the City on a case-by-case basis. The Project would not increase the use of the existing 4 Less than RECREATION. Potentially Significant Less Than No 16. Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated (a) 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? (b) Does the project include recreational facilities or require the construction or expansion of recreational El El Elfacilities which might have an adverse physical effect on the environment? 4.16.1 Impact Analysis a) 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? No Impact. Four parks are within an approximately 1 -mile radius of the Project site: Mammoth Highlands Park, Happy Camp Canyon Park, Virginia Colony Park, and Campus Park (Google 2021). The Project involves a zoning code amendment and development agreement amendment and will not include modifications to the Project site that would create direct or indirect impacts to existing parksor other recreational facilities. Further, current operations at the Project site will remain unchanged and would not result in changes to existing parks. New businesses may result from the Project's zoningcode amendment that may lead to increased population growth and increased demand on recreational facilities. However, any future development outside the Project site would be examined by the City on a case-by-case basis. The Project would not increase the use of the existing 4 _inmol Stuch, frrr the Wm,ehrmse Discotrrtt Lerner t'rojecr neighborhood and regional parks or other recreational facilities at this time; therefore, no impacts would occur. b) 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? No Impact. The Project involves a zoning code amendment and development agreement amendmentand does not involve construction or expansion of recreational facilities. No ground disturbance or physical alteration of the existing building on site is proposed at this time, and current operations at the Project site will remain unchanged. New future businesses may result from the Project's zoning code amendment, but the need for the construction or expansion of recreational facilities would be examined by the City on a case-by-case basis. As such, no impacts would occur. 4.17 TRANSPORTATION 4.17.1 Impact Analysis a) Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadways, bicycle and pedestrian facilities? No Impact. The Project involves a zoning code amendment and development agreement amendmentto expand allowable uses within the Project site, zoned CPD. The Project would not include any modifications to the City's Circulation Element, nor would it involve new uses or construction that could require revisions to the Circulation Element. No ground disturbances or physical alterations of the Project site are proposed at this time, and current operations at the Project site will remain unchanged. Future development in CPD zones in the City may result from the proposed zoning code amendment, but impacts to the City's circulation system resulting from these projects would be examined by the City on a case-by-case basis. The proposed new uses on the designated Project site would not result in impacts to the current circulation system in the City at this time; thus, no impactswould occur. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Less than RANSPhe Potentially Significant Less Than No 17 Would the project: project: Significant with Significant Impact Impact Impact Mitigation Impact Incorporated (a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, ❑ ❑ ❑ roadways, bicycle and pedestrian facilities? (b) Conflict or be inconsistent with CEQA Guidelines El :J Elsection 15064.3, subdivision (b)? (c) Substantially increase hazards due to a geometric design feature (e. g., sharp curves or dangerous ❑ ❑ ❑ intersections) or incompatible uses (e.g., farm equipment)? (d) Result in inadequate emergency access? 4.17.1 Impact Analysis a) Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadways, bicycle and pedestrian facilities? No Impact. The Project involves a zoning code amendment and development agreement amendmentto expand allowable uses within the Project site, zoned CPD. The Project would not include any modifications to the City's Circulation Element, nor would it involve new uses or construction that could require revisions to the Circulation Element. No ground disturbances or physical alterations of the Project site are proposed at this time, and current operations at the Project site will remain unchanged. Future development in CPD zones in the City may result from the proposed zoning code amendment, but impacts to the City's circulation system resulting from these projects would be examined by the City on a case-by-case basis. The proposed new uses on the designated Project site would not result in impacts to the current circulation system in the City at this time; thus, no impactswould occur. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Initial Stuth fnr the GY`(irehouse Discount Cerate r Project No Impact. Section 15064.3(b) of the CEQA Guidelines describes criteria for analyzing transportation impacts. The Project involves a zoning code amendment and development agreement amendment to expand allowable uses within the Project site. Amending the existing land uses of a site could result in impacts to transportation. However, the Project will not include new construction or new uses thatare not compatible with the current zoning as it is an expansion of what is currently allowed. In addition, the Project would not include activities that could generate additional circulation to the areasuch as the construction of new buildings or residences. Current operations at the Project site will remain unchanged. Future development in CPD zones in the City may result from the Project's zoningcode amendment, but impacts to the City's circulation system and impacts to transportation resultingfrom these projects would be examined by the City on a case-by-case basis. The proposed new uses on the designated Project site would not result in impacts to the current circulation system in the Cityat this time; thus, no impacts would occur. c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? No Impact. No ground disturbances or physical alterations of the Project site are proposed at this time, and current operations at the Project site will remain unchanged. The Project does not currentlyinclude any hazardous design features such as sharp curves or dangerous intersections; and is compatible with surrounding uses, which are mainly industrial. Therefore, no impacts would occur. d) Would the project result in inadequate emergency access? No Impact. As mentioned above, no ground disturbance or physical alteration of the existing buildingon the Project site is proposed at this time that would impede emergency access. Operations at the Project site will remain unchanged. The Project site's emergency access would not be revised with theProject. Therefore, no impacts would occur. 4.18 TRIBAL CULTURAL RESOURCES 4; TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural Less than resource, defined in Public Resources Code section Potentially Significant with Less Than 18. 21074 as either a site, feature, place, cultural Significant Mitigation Significant No landscape that is geographically defined in terms of Impact Incorporated Impact Impact Impact the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: (a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical ❑ ❑ ❑ resources as defined in Public Resources Code section 5020.1(k), or (b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, tobe significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of ❑ ❑ ❑ Public Resources Code Section 5024.1, the lead agency shall consider thesignificance of the resource to a California Native American tribe. 4; Mitial S7zutirJiw the Rwchouse Discount Cenlet M-ole(r 4.18.1 Impact Analysis a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? b) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024. 1, the lead agency shall consider the significance of the resource to a California Native American tribe? No Impact. The Project involves a zoning code and development agreement amendment and does not require any ground disturbances or physical alterations on the Project site that could disturb undiscovered resources. Because the Project does not propose any ground -disturbing activities, no impacts would occur. 4.19 UTILITIES AND SERVICE SYSTEMS <_ hamber� tiromp. (nc. 44 Lessthan UTILITIES/SERVICE SYSTEMS. Potentially Significant Less Than No 19 Would the project: Significant with Significant Impact Impact Mitigation Impact Incorporated (a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or ❑ ❑ ❑ telecommunications facilities, the construction or relocation of which could cause significant environmental effects? (b) Have sufficient water supplies available to serve the project and reasonably foreseeable future ❑ ❑ ❑ development during normal, dry and multiple dry years? (c) 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 provider's existing commitments? (d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local El El Elinfrastructure, or otherwise impair the attainment of solid waste reduction goals? Comply with federal, state, and local management r:,solid and reduction statutes and regulations related to El 1:1❑ wastes? <_ hamber� tiromp. (nc. 44 Initial Stud_tfnr the Warehouse Disc.mw Cerrle a ProjeeI 4.19.1 Impact Analysis a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or expansion of which could cause significant environmental effects? No Impact. The Project consists of a zoning code amendment and a development agreement amendment to allow expanded uses in CPD zones. No alterations to the existing development on theProject site are proposed, and utilities are currently operational. Operations on site would also remain unchanged. Significant future redevelopment within the Project site and within the other CPD zones within the City would be analyzed on a case-by-case basis if new or expanded utilities would be required. Therefore, the Project would not result in relocation or construction of new or expanded utilities at the Project site, and no impacts would occur. b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal dry and multiple dry years? No Impact. Approximately 80 percent of VCWWD's total water supply in 2019 came from the State Water Project, and approximately 20 percent came from groundwater wells in the City. The State Water Project transports water via the 444 -mile California Aqueduct to State Water Project contractors such as the Metropolitan Water District of Southern California (MWD). MWD then delivers the water to its 26 -member public agencies, including Calleguas Municipal Water District (CMWD), Ventura County's regional wholesale purveyor and the VCWWD's direct supplier. VCWWD's2015 Urban Water Management Plan forecasts that the MWD will have surplus water supply in bothsingle dry -year and multiple dry -year scenarios through 2040 (VCWWD 2016). The Project consists of a zoning code amendment and a development agreement amendment to allow expanded uses in CPD zones. No alterations to the existing development on the Project site are proposed, and operations on site would remain the same. Water infrastructure and usage on site would not change as a result of the Project; thus, no impacts would occur. c) Would the project 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 provider's existing commitments? No Impact. VCWSD operates and maintains water and wastewater infrastructure for the City, which is located in VCWWD No. 1. The Moorpark Water Reclamation Facility (MWRF), located alongCalifornia SR- 118justwest ofthe City, serves the Project site. The MWRF currently receives an averageof 2.0 million gallons per day (mgd) and is designed to treat up to 5.0 mgd (VCWWD 2016). The MWRFhas an available surplus capacity of approximately 3.0 million gallons per day, which is sufficient to continue supporting the Project because operations and wastewater infrastructure on the Project sitewould remain unchanged as a result of the Project. Thus, no impacts would occur. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Chambers Group. (nc. 4 .. Initial Siwli',lhr the Wai ehouse Discomil Center 1'r-ojec t e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? No Impact (d and e). The Project consists of a zoning code amendment and a development agreement amendment. No alterations to the existing development on the Project site are proposed; therefore, no ground disturbance or demolition resulting in solid waste would occur. Operations on the Projectsite would continue unchanged, maintaining current compliance with State and local solid waste reduction goals. No impacts regarding solid waste would occur. 4.20 WILDFIRE 4.20.1 Impact Analysis a) Would the project impair an adopted emergency response plan or emergency evacuation plan? No Impact. As discussed in Section 4.9 Hazards and Hazardous Materials, the City has developed an Emergency Services Program. Additionally, the County's MHMP includes an overview of the risk assessment process and identifies hazards present in the jurisdiction, hazard profiles, and vulnerability assessments. According to CAL FIRE's Fire Hazard Severity Zone (FHSZ) Viewer, the Project is located outside the Very High Fire Severity Zone (VHFSZ; CAL FIRE 2021). Further, the Project involves a zoning code amendment and development agreement amendment and will not include any ground disturbances or new development that could create a fire hazard. The Project would not interfere with the City's Emergency Services Program or the MHMP because it would not prohibit subsequent programs or plans from being established or prevent the goals and objectives of existing plans from being carried out. No impacts regarding an emergency response or evacuation plan would occur. 46 Less than WILDFIRE. If located in or near state responsibility areas or Potentially Significant Less Than No 20 lands classified as very high fire hazard severity Significant with Significant Impact zones, would the project: Impact Mitigation Impact Incorporated (a) Substantially impair an adopted emergency response plan or emergency evacuation plan? (b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? (c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may ❑ exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? (d) Expose people or structures to significant risks, including downslope or downstream flooding or ❑ ❑ ❑ landslides, as a result of runoff, post -fire slope instability, or drainage changes? 4.20.1 Impact Analysis a) Would the project impair an adopted emergency response plan or emergency evacuation plan? No Impact. As discussed in Section 4.9 Hazards and Hazardous Materials, the City has developed an Emergency Services Program. Additionally, the County's MHMP includes an overview of the risk assessment process and identifies hazards present in the jurisdiction, hazard profiles, and vulnerability assessments. According to CAL FIRE's Fire Hazard Severity Zone (FHSZ) Viewer, the Project is located outside the Very High Fire Severity Zone (VHFSZ; CAL FIRE 2021). Further, the Project involves a zoning code amendment and development agreement amendment and will not include any ground disturbances or new development that could create a fire hazard. The Project would not interfere with the City's Emergency Services Program or the MHMP because it would not prohibit subsequent programs or plans from being established or prevent the goals and objectives of existing plans from being carried out. No impacts regarding an emergency response or evacuation plan would occur. 46 Initial .Studd Ihr the 3`m, ehoiise L7iscoiunt Cenic, protect b) Would the project due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? No Impact. The Project site is not located within CAL FIRE's designated VHFSZ, and the Project is in anarea with minimal elevation change and steep slopes. The Project involves a zoning code amendmentand development agreement amendment, which would not include any ground disturbance or physical alteration of the Project site. Moreover, operations at the Project site would remain unchanged. The Project would not exacerbate wildfire risks; therefore, no impacts would occur. c) Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact. The Project involves a zoning code amendment and development agreement amendment.The Project would not include any ground disturbance or physical alteration of the existing site. The Project is not located within the VHFSZ and use of the Project site would remain the same as currentuses on site. Current infrastructure on site provides sufficient access to roads and utilities, and no newinfrastructure is proposed. The Project would not exacerbate the risk of fire, and no impacts would occur. d) Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability or drainage changes? No Impact. The Project is not located within the VHFSZ and does not contain any slopes that pose a risk of landslide or slope instability. The Project site is within an area of minimal elevation change; therefore, the risk of downslope or downstream flooding is low. In addition, the Project would not include any ground disturbance or physical alteration of the Project site that could result in increased runoff, post -fire slope instability, or drainage changes. The Project would not expose people or structures to any increased risk of flooding or landslide, and no impacts would occur. 4.21 MANDATORY FINDINGS OF SIGNIFICANCE Less than Potentially Significant Less Than 21. MANDATORY FINDINGS OF SIGNIFICANCE. Significant with Significant No Impact Mitigation Impact Impact Incorporated (a) Does the project have the potential to substantially 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, substantially reduce thenumberor restrict the range of a rare or endangered plant or animal or eliminate important examples of he major periods of California history or prehistory? Initial Stwii, Jiw the lb"awhwtse Disci int Center Pmlet t 4.21.1 Impact Analysis a) Does the project have the potential to substantially 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, substantially 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 or prehistory? No Impact. The Project site is located in an urbanized area of the City and has been previously disturbed in conjunction with onsite development. No ground disturbances or physical alterations ofthe Project site are proposed that could affect plant or animal communities, or subsurface archaeological and paleontological resources. Thus, the Project does not pose any threat to degrade the quality of the environment. No impacts to cultural resources or biological resources would resultfrom the Project. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Less than Significant Impact. The potential for cumulative impacts occurs when the independent impacts of the Project are combined with the impact of related projects in proximity to the Project such that impacts occur that are greater than the impacts of the Project alone. As discussed in Sections 4.1 to 4.20, it has been determined that the Project would either have no impact or impacts would beless than significant with respect to the environmental issues. Development along the CPD zones has been considered in the City's General Plan. The expanded usesof the Project would allow additional services within these zones but would not introduce highly incompatible uses that would result in potentially significant and cumulative impacts. Furthermore, new projects would require compliance with the City's development guidelines and would be considered on a case-by-case basis. Therefore, impacts would be less than significant. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Chambers Group, fnc. Less than Potentially Significant Less Than 21. MANDATORY FINDINGS OF SIGNIFICANCE. Significant with Significant No Impact Mitigation Impact Im Impact Incorporated (b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable' means that the incremental effects of a project are considerablewhen ❑ ❑ viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) (c) Does the project have environmental effects which will cause substantial adverse effects on human El❑ ❑ beings, either directly or indirectly? 4.21.1 Impact Analysis a) Does the project have the potential to substantially 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, substantially 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 or prehistory? No Impact. The Project site is located in an urbanized area of the City and has been previously disturbed in conjunction with onsite development. No ground disturbances or physical alterations ofthe Project site are proposed that could affect plant or animal communities, or subsurface archaeological and paleontological resources. Thus, the Project does not pose any threat to degrade the quality of the environment. No impacts to cultural resources or biological resources would resultfrom the Project. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Less than Significant Impact. The potential for cumulative impacts occurs when the independent impacts of the Project are combined with the impact of related projects in proximity to the Project such that impacts occur that are greater than the impacts of the Project alone. As discussed in Sections 4.1 to 4.20, it has been determined that the Project would either have no impact or impacts would beless than significant with respect to the environmental issues. Development along the CPD zones has been considered in the City's General Plan. The expanded usesof the Project would allow additional services within these zones but would not introduce highly incompatible uses that would result in potentially significant and cumulative impacts. Furthermore, new projects would require compliance with the City's development guidelines and would be considered on a case-by-case basis. Therefore, impacts would be less than significant. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Chambers Group, fnc. Initial Sruth, iw the YVurehouse Discount Center !'roject No Impact. Effects to human beings are generally associated with air quality, noise, traffic safety, geology/soils, and hazards/hazardous materials. As discussed in Section 4.1 Air Quality, 4.7 Geology and Soils, 4.9 Hazards and Hazardous Materials, 4.11 Noise, and 4.17 Transportation, the Project would not result in significant impacts to human beings in the area. Adherence to regulatory codes, ordinances, regulations, and standards listed in the document would ensure that Project operation would continue to avoid substantial adverse direct or indirect effects on humans. No impacts to human beings would occur as a result of the Project. 49 hailwl Snrth 6), the W n ehouse Discowit (Cala Projeet SECTION 5.0 — REFERENCES Airport Land Use Commission (ALUC) 2000 Airport Comprehensive Land Use Plan for Ventura County. Available online at: https://www.goventura.org/wp-content/uploads/2018/03/2000-airport-land-use-for- ventura- county.pdf. California Department of Forestry and Fire Protection Services (CAL FIRE) 2021 FHSZ Viewer, Accessed May 2021. Available online at: https://egis.fire.ca.gov/FHSZ/. California Department of Transportation (Caltrans) 2019 List of eligible and officially designated State Scenic Highways (XLSX). Available online at: https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community- livability/lap-liv-i-scenic- highways. City of Moorpark (City) 1986 General Plan: Open Space, Conservation, and Recreation Element. Available online at: https://www.moorparkca.gov/DocumentCenter/View/172/OSCAR-Element?bidl d=. 1996 Environmental Impact Report for the Manufacturing Plan Facilities, and Commercial Development Plan. 1998 General Plan: Noise Element. Available online at: https://www.moorparkca.gov/DocumentCenter/View/171/Noise-Element?bidld=. 2001 General Plan: Safety Element. Available online at: https://www. moorparkca.gov/DocumentCenter/View/173/Safety-Element?bidl d=. 2020a Municipal Code. Accessed May 2021. Available online at: httos://acode.us/codes/moorr)ark/. 2020b Zoning Map. Available online at: https://moorparkca.gov/DocumentCenter/View/11472/Zoning-Map-updated- 09222020?bidld= 2021 Emergency Management. Available online at: https://moorparkca.gov/143/Emergency Management County of Ventura (County) 2015 Multi -Hazard Mitigation Plan. Available online at: https://www.vcfloodi nfo.com/pdf/2015%20Ventura%20County%20Multi- Hazard%20Mitigati on%20PIan%20and%20Append ices. pdf 2020 Background Report for the Ventura County 2040 General Plan. Available online at: https://docs.vcrma.org/images/pdf/planning/plans/Background Report - All Sections - September 2020.pdf. Initial Studi' Ji,r the Warehouse IJiscmint Cermet Project DAUM Commercial Real Estate Services (DAUM) 2021 Property Highlights. Accessed May 2021. Available online at: https://daumcommercial.com/property/14349-white-sage-road-moorpark-ca-93021/. Department of Conservation (DOC) 2021a Department of Conservation, California Important Farmland Finder, Accessed May 2021. Available online at: https://maps.conservation.ca.gov/DLRP/CIFF/. 2021b Department of Conservation, Earthquake Zones of Required Investigation, Accessed May2021. Available online at: https://maps.conservation.ca.gov/cgs/EQZApp/app/. 2021c Geologic Map of California, Accessed May 2021. Available online at: https://maps.conservation.ca.gov/cgs/gmc/. Department of Toxic Substances Control 2021 Department of Toxic Substances Control, Envirostor, Accessed May 2021. Available online at: https://www.envirostor.dtsc.ca.gov/public/. Federal Transit Administration (FTA) 2018 Transit Noise and Vibration Impact Assessment Manual. Accessed May 2021. Available online at: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research- innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report- no-0123_0.pdf. Flood Emergency Management Act (FEMA) 2021 National Flood Hazard Layer Viewer, Accessed May 2021. Available online at: https://hazards- fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338 b5529aa9cd. Google 2021 Google Maps, Accessed May 2021. Available online at: https://maps.google.com/. State Water Resources Control Board (SWRCB) 2021 GeoTracker, Accessed May 2021. Available online at: https://geotracker.waterboards.ca.gov/. United States Department of Agriculture (USDA) 2015 Glossary of Soil Survey Terms. Available online at: https://www.nres.usda.gov/wps/PA_NRCSConsumption/download?cid=nreseprd407891&ext=pdf 2021 Websoil Survey, Accessed May 2021. Available online at: https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. United States Fish and Wildlife Service (USFWS) 2021a Critical Habitat for Threatened & Endangered Species, Accessed May 2021. Availableonline at: I-hambters UroLip, Inc,. j I Resolution No. PC -2021-665 Page 52 https://fws.maps.arcgis.com/home/webmap/viewer.htmI?webmap=9d8de5e265ad4feO 9893cf75b8dbfb77. 2021b National Wetlands Inventory, Wetlands Mapper, Accessed May 2021. Available online at: https://www.fws.gov/wetlands/data/`mapper.htm1. Ventura County Air Quality Management District (VCAQMD) 2017 Final 2016 Ventura County Air Quality Management Plan. Available online at: http://www.vcapcd.org/pubs/Planning/AQM P/2016/Final/Final-2016-Ventura-County- AQM P. pdf. Ventura County Waterworks District No. 1 (VCWWD) 2016 2015 Urban Water Management Plan. Available online at: https://s29422.pcdn.co/wp- content/uploads/2018/03/2016-11-29-APPVD-FINAL-VCWWD-No-1-2015-Urban-Water- Management-Plan.pdf. Resolution No. PC -2021-665 Page 53 EXHIBIT B DRAFT ZONING ORDINANCE AMENDMENT NO. 2021-02 AMENDMENT TO CHAPTERS 17.08 (DEFINITIONS) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE Chapter 17.08 (Definitions) of Title 17 (Zoning) shall be amended to include the following additional definitions, inserted with the existing definitions in alphabetical order: "Motion picture and television production studio" shall mean a fixed place of business where filming activities (motion or still photography) are regularly conducted upon the premises. "Photography Studio" shall mean a fixed place of business where still photography activities are regularly conducted upon the premises. Table 17.20.060, Sections C and D of the Municipal Code shall be amended as shown below wherein underline indicates added text: Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance CPD C_ Zones C -O C-1 M-1 M-2 C-2 OT A. Retail and Service Uses 1. Adult businesses when in compliance with Sections 17.24.040(N), 17.78.050 and Chapter ZC ZC 5.18 2. Alcoholic beverage sales for off-site consumption when in conjunction with another city -approved retail or service use other than automobile service station or liquor store a. Beer and/or wine (*if within one hundred [100] feet of a residentially zoned property a conditional CUP AP* AP* AP* AP* use permit is required) Resolution No. PC -2021-665 Page 54 CPD C_ Zones C -O C-1 M-1 M-2 I C-2 OT b. Beer, wine and other alcoholic beverages CUP CUP CUP CUP CUP 3. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and shock sales and installation, tune-ups and other light service and repair (with or without hydraulic lifts) (*if within one CUP AP* AP* AP* hundred [100] feet of a residentially zoned property a conditional use permit is required) b. Car washes, self-service or automatic with or without automotive services stations CUP CUP c. Engine rebuilding, transmission repair, steam cleaning, auto body, painting CUP CUP d. Parts and supplies ZC ZC ZC ZC e. Rental AP AP AP f. Sales, with or without service and parts CUP CUP CUP g. Service stations with or without mini -marts and with or without beer and wine sales for off-site CUP CUP consumption 4. Body piercing and/or tattoo CUP 5. Building supplies (*if within one hundred [100] feet of a residentially zoned property a conditional AP* CUP CUP use permit is required) 6. Hay and feed sales CUP CUP 7. Hotels, motels and bed and breakfast inns when in compliance with Chapter 5.44 CUP CUP CUP CUP 8. Kennels and catteries CUP CUP 9. Liquor stores (when located no closer than one thousand [1,000] feet of any other liquor store or CUP CUP CUP public or private school) 10. Commercial cannabis activity 11. Nurseries (retail) with or without container grown plants when all equipment and supplies AP kept in an enclosed area 12. Nurseries (wholesale and/or retail) with or without container grown plants when all AP equipment and supplies kept in an enclosed area Resolution No. PC -2021-665 Page 55 Zones C -O C-1 CPD C_ M-1 M-2 I C-2 OT 13. Pawnshops when in compliance with Chapter 5.32 AP 14. Pest control services (*if within 100 feet of a residentially zoned property a conditional use AP* AP* permit is required) 15. Private post offices, parcel services, copy centers ZC ZC ZC ZC 16. Psychics, fortunetelling, and spiritual advisors when in compliance with Title 5 of the Moorpark Municipal Code (*if within 100 feet of a CUP CUP AP* residentially zoned property a conditional use permit is required) 17. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation CUP Element Highway Network Map and with or without a caretaker dwelling 18. Recycling centers CUP CUP CUP 19. Recycling drop-off bins when located in an area determined by the community development director not to be in conflict with parking, vehicle ZC ZC ZC ZC ZC ZC or pedestrian circulation 20. Rental and leasing of large equipment with or without outdoor storage and repair (*if within one hundred [100] feet of a residentially zoned AP* AP* property a conditional use permit is required) 21. Retail shops and personal service establishments, except as otherwise indicated in this table, including, but not limited to, antiques, art and craft dealers and supplies, bakeries, barbers, beauty salons, bicycle sales/service, books and stationery, camera/photo stores ZC ZC ZC including on-site processing, carpet and flooring sales/ cleaning/installation, clothing and fabric stores, computer sales and service, department and variety stores, dry cleaners, electronic equipment sales and service, florists, food markets, gift and novelty stores, hardware and Resolution No. PC -2021-665 Page 56 CPD C- Zones C -O C-1 OT M-1 M-2 I C-2 tool stores, home and office furniture and equipment sales, home appliance sales and service, housewares sales, jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and lessons), newsstands, paint stores, party supply sales and rental, pet grooming, pet sales and supplies, pharmacies, photography studios, pool and spa sales and supplies, shoe stores, sporting goods and equestrian supplies, small equipment rental (no outdoor storage), toy and hobby stores, video/DVD/CD sales and rental, wireless sales/service, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 22. Retail sales combined with limited distribution and/or warehousing not exceeding 40% of gross floor area of the building in which it is located (*if AP* within 100 feet of a residentially zoned property a conditional use permit is required) 23. Retail sales in the M-1 and M-2 zone limited to a maximum of 20% of the gross floor area of the building in which it is located. In an industrial complex the 20% shall be computed on the basis AP AP of the cumulative total floor area of the industrial planned development (IPD) 24. Retail sales (temporary) in the M-1 and M-2 zones. Issuance of a temporary use permit shall TUP TUP take the place of a zoning clearance 25. Thrift stores, secondhand shops, consignment stores when in compliance with Chapter 5.32 AP AP 26. Tobacco sales a. Retail smoking products stores, as defined in Chapter 8.32 CUP b. Sale of tobacco products and electronic cigarette (vaping) products from retail establishments other than retail smoking products AP AP AP AP stores Resolution No. PC -2021-665 Page 57 CPD C_ Zones C -O C-1 M-1 M-2 I C-2 OT c. Smoking and vaping lounges where tobacco and vaping products are sold for on-site consumption (e.g., cigar lounges, hookah lounges, vaping lounges) other than retail smoking products stores B. Eating and Drinking Places 1. Bars with or without entertainment including, but not limited to, cocktail lounges, cabarets CUP CUP CUP CUP 2. Breweries, micro breweries, wineries/tasting rooms with or without restaurant and with or without outdoor seating and with or without CUP CUP CUP CUP entertainment 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on-site or off-site consumption in accordance with the restrictions below: a. With or without entertainment and with or without on-site consumption of beer and wine and other alcoholic beverages and with or without outdoor seating (*if within 100 feet of a CUP AP* AP* AP* AP* residentially zoned property a conditional use permit is required) b. With drive-in or drive-through facilities (sale of alcoholic beverages from the drive-in or drive- through facilities is prohibited) with or without CUP outdoor seating (Only permitted in the CPD Zone) C. Office and Professional Uses 1. Financial services a. Banks and other financial institutions, except those set forth below ZC ZC ZC ZC ZC b. Check cashing, payday loan, and vehicle title loan establishments (Only permitted in CPD AP Zone) c. Automated/automatic teller machines (ATMs) ZC ZC ZC ZC AP 2. Laboratories: research and scientific AP CUP' AP AP Resolution No. PC -2021-665 Page 58 CPD C_ Zones C -O C-1 OT M-1 M-2 I C-2 3. Professional and administrative offices, including, but not limited to: accounting, advertising agencies, chiropractic, collection services; dental, direct mail marketing companies, employment agencies, engineering services, insurance, investment; medical, optical and ZC ZC ZC ZC ZC ZC related health services; planning services, real estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 4. Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors and on-site for medical purposes shall not be AP AP AP AP AP AP considered boarding) b. With boarding indoors or outdoors CUP CUP CUP 5. Massage establishments when in compliance with Chapter 5.48 of the Moorpark Municipal Code a. Massage establishments with 4 or more massage stations, or where 20% or more of the floor area is dedicated to massage services (Only CUP permitted in the CPD Zone) b. Massage establishments at day spas, salons, or similar uses with 3 or fewer massage stations, provided that less than 20% of the floor area is ZC ZC ZC ZC dedicated to massage services 6. Motion picture and television production studio CUP' (and related activities and structures) D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster, and product fabrication CUP 2. Distribution and transportation facilities CUP CUP 3. Heavy machinery repair, including trucks, tractors and buses CUP Resolution No. PC -2021-665 Page 59 CPD C_ Zones C -O C-1 OT M-1 M-2 I C-2 4. Manufacturing and assembly including, but not CUP' ZC* ZC* limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 (*if within 100 feet of a residentially zoned property an administrative permit is required) 5. Outdoor storage when in conjunction with a city CUP AP* AP* approved use and when all storage is screened by an 8 -foot high masonry wall architecturally matched to the structure (*if within 100 feet of a residentially zoned property a conditional use permit is required) 6. Self -storage or mini -storage when not located CUP CUP on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 7. Warehousing CUP1,2 AP AP 8. Welding AP AP E. Public and Semi -Public Uses 1. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades (video and computer) and cyber cafes CUP CUP CUP b. Health clubs, gymnasiums, fitness centers, and fitness studios for uses such as martial arts, yoga, dance, and other similar uses or combination of uses i. up to 3,000 square feet AP I AP I AP I AP Resolution No. PC -2021-665 Page 60 CPD C_ Zones C -O C-1 OT M-1 M-2 C-2 ii. over 3,000 square feet (*if within 100 feet of a AP* AP* AP* AP* residentially zoned property a conditional use permit is required) c. Auditoriums, community centers, dancehalls, CUP CUP CUP CUP CUP and indoor motion picture theaters d. Billiard and pool establishments, and bowling CUP CUP alleys, with or without alcohol 2. Care facilities, including adult day care CUP CUP CUP facilities, Alzheimer's day care facilities, congregate living health facilities, child day care centers, community treatment facilities, foster family and adoption agencies, hospices, long-term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life-threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, and therapeutic day services facilities 3. Emergency shelters in compliance with the ZC* requirements of Chapter 17.28 (*allowed in C-2 zone only, not permitted in CPD zone; emergency shelters are also allowed in conjunction with permitted places of religious assembly) 4. Single room occupancy unit development in ZC* compliance with the requirements of Chapter 17.28 (*allowed in C-2 zone only, not permitted in CPD zone) 5. Clubhouses, social clubs, service clubs with or CUP CUP without alcohol 6. Energy production from renewable resources CUP CUP 7. Governmental uses including, but not limited to, CUP CUP CUP CUP CUP CUP CUP city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities 8. Hospitals including urgent care (*if within one CUP AP* AP* AP* hundred [100] feet of a residentially zoned property a conditional use permit is required) Resolution No. PC -2021-665 Page 61 CPD C- Zones C -O C-1 OT M-1 M-2 I C-2 9. Places of religious assembly, with or without schools and/or social services, including emergency shelters i. up to 3,000 square feet CUP AP AP AP AP CUP CUP ii. over 3,000 square feet (*if within 100 feet of a CUP AP* AP* AP* AP* CUP CUP residentially zoned property a conditional use permit is required) 10. Private education facilities including, but not CUP limited to, colleges and universities, elementary, middle and high schools 11. Private training facilities including, but not CUP CUP AP* AP* AP* limited to, professional and vocational schools, art and craft schools, music schools not part of a music store, and driver training schools (*if within 100 feet of a residentially zoned property a conditional use permit is required) 12. Recreational facilities (private), indoor or AP* AP* CUP outdoor, with or without food services, including, but not limited to, batting cages, bicycle and skate facilities, golf courses (including miniature golf and driving ranges), and sports fields. Bicycles and skate parks shall be in compliance with Chapter 17.28 (*if within 100 feet of a residentially zoned property a conditional use permit is required) 13. Utility structures (electrical boxes, AP AP AP AP AP AP AP transformers and valve apparatus that have no covered floor area and are attached to the ground by poles, columns or pedestals shall not require a zone clearance) 14. Wireless communications facilities, in accordance with the requirements of Chapter 17.42 a. Major wireless communications facilities CUP CUP CUP CUP CUP CUP CUP b. Minor wireless communications facilities AP AP AP AP AP AP AP Resolution No. PC -2021-665 Page 62 1) Sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as identified in the circulation element and that are not adiacent to planned residential uses 2) With at least 10% of the floor area of the building dedicated to retail uses. Warehousing uses that will create a point-of-sale allocation to the City of Moorpark and provide evidence of generating more than ten -million dollars 10.000.000) in annual sales may dedicate less than 10% of the floor area to retail CPD C_ Zones C -O C-1 OT M-1 M-2 I C-2 c. Collocation wireless communications facilities ZC ZC ZC ZC ZC ZC ZC (consistent with definition of "collocation facility" in Section 17.42.020) F. Accessory and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP CUP 2. Retail shops and services as listed in Table AP 17.20.060(A)(21) when the uses are determined by the community development director to be ancillary to office use of the property 3. Temporary motion picture, television, or still TUP TUP TUP TUP TUP TUP TUP photography production (and related activities and structures) in accordance with Section 17.28.120 4. Temporary uses including, but not limited to, TUP TUP TUP TUP TUP TUP TUP carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than 180 days require an AP 5. Drive-through facilities associated with CUP CUP permitted uses in the zone other than eating and drinking places (Not allowed in C-2 Zone) 1) Sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as identified in the circulation element and that are not adiacent to planned residential uses 2) With at least 10% of the floor area of the building dedicated to retail uses. Warehousing uses that will create a point-of-sale allocation to the City of Moorpark and provide evidence of generating more than ten -million dollars 10.000.000) in annual sales may dedicate less than 10% of the floor area to retail Resolution No. PC -2021-665 Page 63 EXHIBIT C DRAFT FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2004-02 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code §6103 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND NLA 118, L.L.C. (WAREHOUSE DISCOUNT CENTER) THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TOTHE REQUIREMENTS OF GOVERNMENT CODE §65868.5 Resolution No. PC -2021-665 Page 64 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND NLA 1.18, L.L.C. (WAREHOUSE DISCOUNT CENTER) This First Amendment to the Development Agreement ("First Amendment") is made and entered into on and is an amendment to that certain Development Agreement ("Agreement") that was made and entered into on December 21, 2005, and recorded on January 6, 2006 by Instrument No. 20060106-0003983 by and between the CITY OF MOORPARK, a municipal corporation (referred to hereinafter as "City"), and NLA 118, L.L.C. (Warehouse Discount Center), a Delaware limited liability company ("Developer"). City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreements contained in this First Amendment to the Agreement, City and Developer agree as follows: Recitals. This First Amendment is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: a. Pursuant to Government Code Section 65864 et seq. and Moorpark Municipal Code chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within its boundaries for the development of such property in order to establish certainty in the development process. b. Developer is the owner of real property within the City generally referred to as Commercial Planned Development 2004-3, Lot 1 of Tract 5004 as more specifically described in Exhibit "A" attached hereto (referred to hereinafter as the "Property"). C. The Parties entered into the Agreement with respect to the Property on December 21, 2005, and the Agreement was recorded on January 6, 2006 by Instrument No. 20060106-0003983. d. Prior to approval of the Agreement, City certified the Environmental Impact Report prepared for the Special Devices Incorporated project (SCH No. 1995071057), which adequately analyzed all potential impacts of the project proposed under the Agreement. e. On July 13, 2018, City and a related entity to Developer (NLA 14339, LLC, a Delaware limited liability company), entered into an agreement entitled "City Sign Agreement and Conditions, Covenants and Restrictions," which agreement was recorded on July 25, 2018 by Instrument No. 20180725-00085134-0, that permitted the erection of Resolution No. PC -2021-665 Page 65 a four-sided tower structure for cellular telecommunications purposes and which provided for the terms and conditions for the installation, maintenance and replacement of a city identification sign on the tower. f. In order for Developer to better utilize the Property, as well as to provide the opportunity for additional employment and revenue for City, the Parties desire to amend the Agreement to expand the allowable uses on the Property as specifically provided in this First Amendment. g. In connection with the processing and consideration of this First Amendment, the Developer has applied for and the City has processed a Zoning Code Text Amendment (Zone Ordinance Amendment No. 2021-02) and related environmental document required by the California Environmental Quality Act ("CEQA"), that provides for certain laboratories, manufacturing, motion picture, television and still photography production, and warehousing uses as conditionally permitted uses in the Commercial Planned Development (CPD) Zone. h. On November 23, 2021, the Planning Commission of the City commenced a duly noticed public hearing on the environmental document, Zoning Ordinance Amendment No. 2021-02, and this First Amendment, and at the conclusion of the hearing recommended approval of the environmental document, Zoning Ordinance Amendment No. 2021-02 and this First Amendment. On December 15, 2021, the City Council commenced a duly noticed public hearing on the environmental document, Zoning Ordinance Amendment No. 2021-02 and this First Amendment, and at the conclusion of the hearing, adopted Zoning Ordinance Amendment No. 2021-02 by Ordnance No. [XXX] and approved this First Amendment by Ordinance No. I . 2. Amendment of Section 4.1. Section 4.1 of the Agreement is amended as follows: 4.1. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and to the following uses as permitted by the City's General Plan C-2 (General Commercial) Land Use Designation and the City's Zoning Code designation (CPD (Commercial Planned Development) as provided in Moorpark Municipal Code Section 17.20.060, as amended by Zoning Ordinance Amendment No. 2021-02): Resolution No. PC -2021-665 Page 66 4.1.a. Laboratories: research and scientific, upon the grant of a conditional use permit. 4.1.b. Manufacturing and assembly including, but not limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030, upon the grant of a conditional use permit. 4.1.c. Motion picture, television, or still photography production (and related activities and structures), upon the grant of a conditional use permit. 4.1.d. Warehousing, with at least 10% of the floor area of the building dedicated to retail uses, upon the grant of a conditional use permit. 3. Operative Date of First Amendment. This First Amendment shall become operative on the date that Ordinance No.XI XXl that approves this First Agreement becomes effective pursuant to Government Code Section 36937. 4. Authority. By their signatures below, the individuals signing on behalf of Developer and City warrant that they have the authority to execute this First Amendment on behalf of Developer and City, respectively. 5. Entire Agreement. The Development Agreement and this First Amendment, contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements, understandings, oral or written, are hereby merged herein, except that nothing contained herein is intended to or shall abrogate, extinguish or supersede the City Sign Agreement and Conditions, Covenants and Restrictions and any other City land use entitlements or conditions imposed thereby that are applicable to the development of the Property. 6. Except as amended herein, all other provisions of the Agreement shall remain in full force and effect. Resolution No. PC -2021-665 Page 67 IN WITNESS WHEREOF, the City of Moorpark and the Developer have executed this First Amendment to the Development Agreement on the date first above written. CITY OF MOORPARK Janice S. Parvin Mayor OWNER/DEVELOPER NLA 118, L.L.C. By: Thomas J. Schlender Its: President By: Shelley K. Schlender Its: Secretary ALL SIGNATURES MUST BE NOTARIZED Resolution No. PC -2021-665 Page 68 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ventura On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Resolution No. PC -2021-665 Page 69 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ventura On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Resolution No. PC -2021-665 Page 70 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ventura On before me, , (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Ordinance No. Page 71 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 1 of Tract No. 5004, in the City of Moorpark, County of Ventura, State of California, as per Map recorded in Book 137, Pages 97 to 102 inclusive of Miscellaneous Records (Maps), and amended map of Tract No. 5004, recorded in Book 146, Pages 1 through 6 inclusive of Miscellaneous Records (Maps), in the Office of the County Recorder of said county. APN: 513- 0- 050- 205 Resolution No. PC -2021-665 Page 72 EXHIBIT B DEPICTION OF PROPERTY Resolution No. PC -2021-665 Page 73 EXHIBIT C ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: NLA 118, L.L.C. (Warehouse Discount Center) 30621 Canwood Street Agoura Hills, CA 91301 Attn: President