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Home My WebLink AboutAGENDA REPORT 2021 1215 CCSA REG ITEM 08ACITY OF MOORPARK,   CALIFORNIA City Council Meeting of December 15, 2021 ACTION APPROVED STAFF RECOMMENDATION, INCLUDING INTRODUCTION OF ORDINANCE NO. 499. (ROLL CALL VOTE: UNANIMOUS). BY K. Spangler. A.Consider Ordinance No. 499, Approving Zoning Ordinance Amendment No. 2021-02 and the First Amendment to the Development Agreement Between the City of Moorpark and NLA 118, LLC to Expand the Potential Uses that May be Conducted Within the Commercial Planned Development Zone at 14349 White Sage Road, and Adopt a Negative Declaration Pursuant to the California Environmental Quality Act in Connection Therewith, on the Application of Thomas Schlender of NLA 118, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. 499, approving ZOA No. 2020-02, the First Amendment to Development Agreement No. 2004-02, and adopting a Negative Declaration in association therewith for first reading, waive full reading, and place this ordinance on the agenda for January 5, 2022, for purposes of providing second reading. (ROLL CALL VOTE REQUIRED) (Staff: Shanna Farley-Judkins, Principal Planner) Item: 8.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shanna Farley-Judkins, Principal Planner DATE: 12/15/2021 Regular Meeting SUBJECT: Consider Ordinance No. ___, Approving Zoning Ordinance Amendment No. 2021-02 and the First Amendment to the Development Agreement Between the City of Moorpark and NLA 118, LLC to Expand the Potential Uses that May be Conducted Within the Commercial Planned Development Zone at 14349 White Sage Road, and Adopt a Negative Declaration Pursuant to the California Environmental Quality Act in Connection Therewith, on the Application of Thomas Schlender of NLA 118, LLC SUMMARY On May 4, 2020, Thomas Schlender of NLA 118, LLC filed an application consisting of Zoning Ordinance Amendment (ZOA) No. 2021-02 and the First Amendment to Development Agreement (DA) No. 2004-02 to amend Chapter 17 (Zoning) of the Moorpark Municipal Code (MMC) and an existing development agreement for the property located at 14349 White Sage Road (APN 413-0-050-305). The amendments would allow for additional uses on the subject property with approval of a Conditional Use Permit (CUP), including laboratories, manufacturing and assembly, film production, and warehousing. No development is proposed with this request. The proposed ordinance would introduce additional conditionally permitted uses within the Commercial Planned Development (CPD) zone that could be operated on the property (Attachment 1, Exhibit A) and as outlined in the First Amendment to the Development Agreement (DAA) (Attachment 1, Exhibit B). The original Development Agreement (DA) is attached as Attachment 4. BACKGROUND Previous Entitlement On October 19, 2005, the City Council adopted Ordinance No. 322 authorizing the Development Agreement between the City of Moorpark and NLA 118, LLC, and Resolution No. 2005-2398 approving General Plan Amendment (GPA) No. 2004-04, CPD No. 2004-03, and CUP No. 2005-04 for the construction and operation of a 115,000 Item: 8.A. 1 Honorable City Council 12/15/2021 Regular Meeting Page 2 square-foot appliance store with distribution and warehousing (Warehouse Discount Center) at the subject property and a 17,000 square-foot furniture store on an adjacent property. The entitlement required an amendment to the text of the General Plan Land Use Element (GPA) to General Commercial in Section 5.1 of the Land Use Element (page 25). This amendment allowed furniture and appliance stores on sites greater than eight acres adjacent to both a freeway interchange and an arterial roadway and that are not adjacent to planned residential uses may be developed with retail furniture or appliance stores with attached distribution/warehouse facilities at a maximum 0.38 FAR when all other standards of the Zoning Ordinance are met. Similarly, the City Council adopted Ordinance No. 343 adopting ZOA No. 2005-03 to amend Chapter 17 (Zoning) of the MMC, which includes the updated categories and site information as noted in the GPA. The DA outlined additional permitted uses that may be operated on the property, which include furniture and appliance stores. Warehouse Discount Center (WDC), an appliance retailer and distributor, has operated on the site since construction was completed in 2006. Proposed Development Agreement Amendment A development agreement may be amended or terminated by mutual consent of the parties to the agreement, as outlined in Chapter 15.40 (Development Agreements) of the MMC. Pursuant to this Chapter, amendments to a development agreement shall be approved by ordinance of the City Council and following a public hearing and recommendation by the Planning Commission. The proposed First Amendment to Development Agreement No. 2004-02 introduces the following potential uses of the property: motion picture/television production, laboratory or research, manufacturing and assembly uses, or warehousing, subject to a CUP. The Development Agreement remains active until its expiration on October 21, 2025. The DAA was negotiated by a City Council appointed Ad Hoc Committee consisting of Councilmembers Enegren and Pollock with the assistance of City Manager Brown. Pursuant to MMC Section 17.44.050 and 15.40, amendments to the zoning ordinance and development agreements are legislative acts. The Planning Commission must consider these requests and provide a recommendation to the City Council on whether to approve, modify, or deny the proposal. On November 23, 2021, the Planning Commission held a public hearing to consider the proposed ZOA, DAA and the Initial Study and Negative Declaration (ND) (Attachment 2) There was no public testimony provided at this meeting. During deliberations, the Planning Commission expressed some concern regarding potential outdoor uses but were resolved that a CUP for these uses would be reviewed once a specific proposal was identified. The Planning Commission unanimously (Commissioners Alva and Brodsly 2 Honorable City Council 12/15/2021 Regular Meeting Page 3 absent) adopted Resolution No. PC-2021-665 (Attachment 3), recommending that the City Council approve Zoning Ordinance Amendment No. 2021-02 (Attachment 1, Exhibit A), the First Amendment to Development Agreement No. 2004-02 (Attachment 1, Exhibit B), and adopt the ND (Attachment 2). Existing and Surrounding Land Uses The following table summarizes the existing General Plan, zoning, and existing land uses on the subject property and vicinity. General Plan / Zoning / Existing Land Use Location General Plan Designation Zoning Designation Existing Land Use Project Site General Commercial (C-2) Commercial Planned Development (CPD) Light Industrial Building North Medium Industrial (I-2) Limited Industrial Zone (M-2) and Open Space (OS) Railroad Tracks South General Commercial (C-2) Commercial Planned Development (CPD) Hotel East Open Space (OS-1) OS Open Space West Light Industrial (I-1) Industrial Park Zone (M-1) and OS Industrial/Freeway Figure 1: Project Location with Subject Property Highlighted 3 Honorable City Council 12/15/2021 Regular Meeting Page 4 General Plan and Zoning Consistency The General Plan designation of the project site is General Commercial (C-2) and provides for a wide range of retail and service activities. The C-2 designation is intended for uses ranging from commercial shopping centers to office and professional business services. The proposed amendment to the zoning code to allow expanded services is consistent with the wide variety of uses intended in C-2. The zoning designation of the subject property is CPD. The purpose of the CPD zone is to encourage the development of coordinated, innovative and efficient commercial sites and to provide areas for a wide range of commercial retail and business uses, including stores, shops and offices supplying commodities or performing services for the surrounding community. Various uses are permissible in the CPD, as identified in MMC Section 17.20.060 (Permitted Uses in Commercial and Industrial Zones). The CPD zones provides a wide variety of uses ranging from retail and service uses, eating and drinking places, office and professional uses, and other public and semi-public uses. Due to the location of the subject property, the existing development on the site, and its proximity to State Route 23, nearby industrial and commercial uses, the following expanded uses would be consistent with the intent of the zone to provide a wide range of business uses for the surrounding community. The proposed uses would require a CUP, which would require review by the Planning Commission and environmental review consistent with the California Environmental Quality Act (CEQA). The proposed amendment to the CPD zone would allow additional uses to be proposed on a freeway- adjacent property with sufficient size to allow for appropriate buffers. ANALYSIS General Discussion The Applicant has considered leasing or selling the 115,000 square-foot building. Based upon initial discussions with potential tenants, the Applicant has determined that the unique size of the building and arrangement of the floor space is not marketable to any of the existing permitted uses within the CPD Zone. The majority of existing uses permitted in the CPD zone focus on commercial retail, services, and office. The additional uses proposed to be added, including laboratories, manufacturing/assembly, film production, and warehousing, are more suitable for the existing building on the property. Proposed Zoning Ordinance Amendment The proposed amendments to the MMC Zoning Code include Chapter 17.08 (Definitions) and Chapter 17.20 (Uses by Zone). Definitions: Chapter 17.08 (Definitions) provides the definitions of words and terms in the MMC Zoning Code. The following terms are proposed to be added to Chapter 17.08 (Definitions): 4 Honorable City Council 12/15/2021 Regular Meeting Page 5 “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. Use Table: The proposed amendments to the MMC Zoning Code include Chapter 17.20 (Uses by Zone). Chapter 17.20 (Uses by Zone) lists the uses that are allowed within each specific zoning district in the City and the permit required to establish the use. There are two use tables contained in the MMC Zoning Code: Table 17.20.050 (Permitted Uses in Open Space, Agricultural, Residential, and Special Purpose Zones); and Table 17.20.060 (Permitted Uses in Commercial and Industrial Zones). The ZOA would include the following additions to Table 17.20.060 as shown below: 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 Zones C-O C-1 CPD C-2 C-OT M-1 M-2 I C. Office and Professional Uses 2. Laboratories: research and scientific AP CUP1 AP AP 6. Motion picture and television production CUP1 D. Manufacturing, Assembly, Distribution, and Warehousing Uses 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) CUP1 ZC ZC 7. Warehousing CUP1,2 AP AP 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 adjacent to planned residential uses 2) With at least 10% of the floor area of the building dedicated to retail uses. 5 Honorable City Council 12/15/2021 Regular Meeting Page 6 As noted in footnote one, the proposed uses would only be allowed on sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as identified in the Circulation Element of the General Plan and that are not adjacent to planned residential uses. The subject property is the only CPD-zoned site within the City of Moorpark that meets the geographic criteria and therefore the only property that may establish the uses proposed with this ZOA. On November 23, 2021, the Planning Commission was presented a draft version of the ZOA that included an incorrect footnote that was not consistent with the language proposed in the DAA. This footnote has been corrected in the Draft ZOA (Attachment 1, Exhibit A) to match the DAA as shown below. 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.) PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). However, because the subject application includes legislative actions to amend the Zoning Ordinance and an amendment to a Development Agreement, it is not subject to the provisions of the Permit Streamlining Act. ENVIRONMENTAL DETERMINATION In accordance with the CEQA an Initial Study and Negative Declaration (ND) (Attachment 2) was prepared that determined that the project would not have a significant effect on the environment. The ND was circulated for public comment between October 20, 2021, to November 19, 2021. Although comment letters were received from various agencies, all letters received indicated no comment or concern with the ND, therefore no changes to the ND are proposed. NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: 1. Publication. The notice of the public hearing was published in the Ventura County Star on December 5, 2021. 2. Mailing. The notice of the public hearing was mailed on December 3, 2021, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within 1,000 feet of the exterior boundaries of the assessor’s parcel(s) subject to the hearing. 3. Sign. One 32 square-foot sign was placed on the street frontage on December 4, 2021. 6 Honorable City Council 12/15/2021 Regular Meeting Page 7 FISCAL IMPACT There are no fiscal impacts associated with this request. COUNCIL GOAL COMPLIANCE This action is generally consistent with Goal 3 of the City Council 2021-2023 Goals and Objectives to “place an emphasis on economic development…” The proposed action provides the market with expanded land use options for a unique building. These options were negotiated with the intention of preventing vacancy and encouraging economic development. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Open the public hearing, accept public testimony, and close the public hearing; and 2. Introduce Ordinance No. ___, approving ZOA No. 2020-02, the First Amendment to Development Agreement No. 2004-02, and adopting a Negative Declaration in association therewith for first reading, waive full reading, and place this ordinance on the agenda for January 5, 2022, for purposes of providing second reading. (ROLL CALL VOTE REQUIRED) Attachment 1: Draft Ordinance No. __ Exhibit A: Zoning Ordinance Amendment No. 2021-02 Exhibit B: First Amendment to Development Agreement between City of Moorpark and NLA 118, LLC Attachment 2: Initial Study and Negative Declaration Attachment 3: Planning Commission Resolution No. PC-2021-665 (without Exhibits) Attachment 4: Development Agreement No. 2004-02 7 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-02 AMENDING CHAPTERS 17.08 (DEFINITIONS) AND 17.20 (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 NO. 2004-02, AND ADOPT A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF THOMAS SCHLENDER, ON BEHALF OF NLA 118, LLC WHEREAS, on December 21, 2005, the City of Moorpark entered into Development Agreement 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 NLA 118, LLC submitted an application for the First Amendment to Development Agreement (DA) No. 2004-02 and Zoning Ordinance Amendment (ZOA) No. 2021-02 to expand the potential uses that may 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, an amendment to Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to add certain uses to the Commercial Planned Development Zone, First Amendment to DA (DAA) No. 2004-002, and adoption of a Negative Declaration, and voted 3-0 (Commissioners Alva and Brodsly absent) to adopt Resolution No. PC-2021-665 recommending approval of ZOA No. 2021-02, First Amendment to DA No. 2004-02, and adoption of a Negative Declaration to the City Council; and WHEREAS, at a duly noticed public hearing on December 15, 2021, the City Council considered ZOA No. 2021-02, DAA No. 2004-02, and adoption of a Negative Declaration, opened the public hearing and took and considered public testimony, closed the public hearing, and discussed and reached a decision on this matter; and ATTACHMENT 1 8 Ordinance No. ___ Page 2 WHEREAS, the proposed DAA and ZOA will provide community and economic benefit by allowing certain expanded uses, including laboratories, manufacturing and assembly, film production, and warehousing uses within the Commercial Planned Development Zone, consistent with the General Plan and Land Use Element. The expanded uses would only be permissible on the subject site; and WHEREAS, the City Council has read, reviewed, and considered the proposed Initial Study and Negative Declaration prepared for the Project together with any comments received during the public review process and determined that there is no evidence that the Project or any of its aspects would cause a significant effect in the environment and a Negative Declaration has been prepared for the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. ENVIRONMENTAL FINDINGS: The City Council finds and declares as follows: A. The Initial Study and Negative Declaration prepared for the project are complete and have been prepared in compliance with the California Environmental Quality Act (CEQA), and the City CEQA Procedures. B. On the basis of the whole record before the City Council (including the Initial Study, Negative Declaration and any comments received), the City Council finds that there is no substantial evidence that the project will have a significant effect on the environment. C. The Negative Declaration reflects the independent judgment and analysis of the City Council. SECTION 2. ADOPTION OF NEGATIVE DECLARATION: The Negative Declaration incorporated herein for ZOA No. 2021-02 and the DAA No. 2004-02 to allow certain expanded uses on the subject site, including laboratories, manufacturing and assembly, film production, and warehousing within the Commercial Planned Development Zone, is hereby adopted. The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based are as follows: Carlene Saxton, Community Development Director, City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021. 9 Ordinance No. ___ Page 3 SECTION 3. ZONING ORDINANCE AMENDMENT. The City Council hereby approves ZOA No. 2021-02, which amends Chapters 17.08 (Definitions) and 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to allow expanded uses on the subject site, including laboratories, manufacturing and assembly, film production, and warehousing, located within the Commercial Planned Development Zone, in which these uses would be conditionally permitted, as shown in Exhibit A attached herewith. SECTION 4. 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 City Council 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, as shown in Exhibit B, 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 Development Agreement 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 5. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 6. This ordinance shall become effective thirty (30) days after its passage and adoption. A summary of this ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it. 10 Ordinance No. ___ Page 4 SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED, AND ADOPTED this ______ day of __________, 2022. _________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Exhibit A – Zoning Ordinance Amendment No. 2021-02 Exhibit B – First Amendment to Development Agreement between City of Moorpark and NLA 118, LLC 11 Ordinance No. ___ Page 5 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2021-01 AMENDMENT TO CHAPTERS 17.08 (DEFINITIONS) AND 17.20 (USES BY ZONE), 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. Tables 17.20.060, Sections C and D of the Municipal Code shall be amended as shown below wherein underline indicates added text: 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 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I A. Retail and Service Uses 1. Adult businesses when in compliance with Sections 17.24.040(N), 17.78.050 and Chapter 5.18 ZC ZC 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 12 Ordinance No. ___ Page 6 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I a. Beer and/or wine (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) CUP AP* AP* AP* AP* 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 hundred [100] feet of a residentially zoned property a conditional use permit is required) CUP AP* AP* AP* 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 consumption CUP 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* CUP CUP 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 public or private school) CUP CUP CUP 10. Commercial cannabis activity 11. Nurseries (retail) with or without container grown plants when all equipment and 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 AP 13. Pawnshops when in compliance with Chapter 5.32 AP 13 Ordinance No. ___ Page 7 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I 14. Pest control services (*if within 100 feet of a residentially zoned property a conditional use permit is required) AP* AP* 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 residentially zoned property a conditional use permit is required) CUP CUP AP* 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 CUP 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 or pedestrian circulation ZC ZC ZC ZC ZC ZC 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) AP* AP* 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 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 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 ZC ZC ZC 14 Ordinance No. ___ Page 8 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I 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 within 100 feet of a residentially zoned property a conditional use permit is required) AP* 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 of the cumulative total floor area of the industrial planned development (IPD) AP AP 24. Retail sales (temporary) in the M-1 and M-2 zones. Issuance of a temporary use permit shall take the place of a zoning clearance TUP TUP 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 stores AP AP AP AP 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 27.a. Industrial hemp product retail sales, stand- alone retail store CUP CUP CUP CUP 27.b. Industrial hemp product retail sales, accessory (sales display area limited to a maximum NZC NZC NZC NZC 15 Ordinance No. ___ Page 9 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I of 5% of the retail floor area of the establishment in which it is located) 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 Zone) AP c. Automated/automatic teller machines (ATMs) ZC ZC ZC ZC AP 2. Laboratories: research and scientific AP CUP1 AP AP a. Industrial hemp research and testing laboratory CUP CUP CUP 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 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 ZC ZC ZC ZC ZC ZC 4. Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors and on-site for medical purposes shall not be considered boarding) AP AP AP AP AP AP 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 permitted in the CPD Zone) CUP 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 dedicated to massage services ZC ZC ZC ZC 6. Motion picture and television production CUP1 D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster, and product fabrication CUP 16 Ordinance No. ___ Page 10 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I 2. Distribution and transportation facilities CUP CUP 3. Heavy machinery repair, including trucks, tractors and buses CUP 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) CUP1 ZC* ZC* 5. Outdoor storage when in conjunction with a city 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) CUP AP* AP* 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 CUP CUP 7. Warehousing CUP1,2 AP AP 8. Welding AP AP 9. Industrial hemp warehousing, and manufacturing and processing 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 adjacent to planned residential uses 2) With at least 10% of the floor area of the building dedicated to retail uses. 17 Ordinance No. ___ Page 11 EXHIBIT B FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2004-04 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 TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 18 Ordinance No. ___ Page 12 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND NLA 118, 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: 1. 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 a four-sided tower structure for cellular telecommunications purposes 19 Ordinance No. ___ Page 13 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. i. 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. [XXX]. 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): 20 Ordinance No. ___ Page 14 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. [XXX] 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. 21 Ordinance No. ___ Page 15 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 22 Ordinance No. ___ Page 16 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. I 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) 23 Ordinance No. ___ Page 17 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. I 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) 24 Ordinance No. ___ Page 18 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. I 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) 25 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 Ordinance No. ___ Page 19 26 Ordinance No. ___ Page 20 EXHIBIT B DEPICTION OF PROPERTY 27 Ordinance No. ___ Page 21 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 28 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 ATTACHMENT 2 29 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. ii 21284 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 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 30 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. iii 21284 4.12 LAND USE AND PLANNING 37 4.12.1 Impact Analysis .............................................................................................................. 37 4.13 MINERAL RESOURCES 38 4.13.1 Impact Analysis .............................................................................................................. 39 4.14 POPULATION AND HOUSING 39 4.14.1 Impact Analysis .............................................................................................................. 39 4.15 PUBLIC SERVICES 40 4.15.1 Impact Analysis .............................................................................................................. 40 4.16 RECREATION 41 4.16.1 Impact Analysis .............................................................................................................. 41 4.17 TRANSPORTATION 42 4.17.1 Impact Analysis .............................................................................................................. 42 4.18 TRIBAL CULTURAL RESOURCES 43 4.18.1 Impact Analysis .............................................................................................................. 44 4.19 UTILITIES AND SERVICE SYSTEMS 44 4.19.1 Impact Analysis .............................................................................................................. 45 4.20 WILDFIRE 46 4.20.1 Impact Analysis .............................................................................................................. 46 4.21 MANDATORY FINDINGS OF SIGNIFICANCE 47 4.21.1 Impact Analysis .............................................................................................................. 48 SECTION 5.0 – REFERENCES .............................................................................................................. 50 31 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. iv 21284 LIST OF FIGURES Figure 1: Project Vicinity Map ..................................................................................................................... 13 Figure 2: Project Location ........................................................................................................................... 14 Figure 3: Existing Zoning ............................................................................................................................. 15 LIST OF TABLES Table 1: Allowable Uses ................................................................................................................................ 6 32 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 5 21253 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 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 (City 2020a) and listed below in Table 1. 33 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 6 21253 Table 1: Allowable Uses Zones CPD (Community Planned Development) 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 service station 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 equipment and 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* 34 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 7 21253 Table 1: Allowable Uses Zones CPD (Community Planned Development) 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 development director not to be in conflict with parking, vehicle or pedestrian circulation ZC 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 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, 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 ZC 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 within 100 feet of a residentially zoned property a conditional use permit is required) AP* 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 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 take the place of a zoning clearance 25. Thrift stores, secondhand shops, consignment stores when in compliance with Chapter 5.32 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 stores AP 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 35 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 8 21253 Table 1: Allowable Uses Zones CPD (Community Planned Development) 2. Breweries, microbreweries, wineries/tasting rooms with or without restaurant and with or without outdoor seating and with or without entertainment CUP 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 residentially zoned property a conditional use permit is required) AP* 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 outdoor seating (Only permitted in the CPD Zone) CUP 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 permitted in CPD Zone) AP c. Automated/automatic teller machines (ATMs) ZC 2. Laboratories: research and scientific 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 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 ZC 4. Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors and on-site for medical purposes shall not be considered boarding) AP 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 the floor area is dedicated to massage services (Only permitted in the CPD Zone) CUP 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 dedicated to massage services ZC 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 36 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 9 21253 Table 1: Allowable Uses Zones CPD (Community Planned Development) 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 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) CUP 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 zoned property a conditional use permit is required) AP* c. Auditoriums, community centers, dancehalls, and indoor motion picture theaters CUP 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, 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 CUP 3. Emergency shelters in compliance with the 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) ZC* 4. Single room occupancy unit development in compliance with the requirements of Chapter 17.28 (*allowed in C-2 zone only, not permitted in CPD zone) ZC* 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 stations, human service centers, libraries, police stations, public utility facilities CUP 8. Hospitals including urgent care (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) AP* 37 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 10 21253 Table 1: Allowable Uses Zones CPD (Community Planned Development) 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 100 feet of a residentially zoned property a conditional use permit is required) AP* 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 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) AP* 12. Recreational facilities (private), indoor or 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) AP* 13. Utility structures (electrical boxes, 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) AP 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 of "collocation facility" in Section 17.42.020) ZC 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 related activities and structures) in accordance with Section 17.28.120 TUP 4. Temporary uses including, but not limited to, 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 TUP 5. Drive-through facilities associated with permitted uses in the zone other than eating and drinking places (Not allowed in C-2 Zone) CUP [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance Required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance 38 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 11 21253 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 site to 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 Use Permit 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 regularly conducted 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: 39 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 12 21253 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 40 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 13 21253 Figure 1: Project Vicinity Map 41 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 14 21253 Figure 2: Project Location 42 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 15 21253 Figure 3: Existing Zoning 43 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 16 21253 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. I find that the project could not have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 2. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 3. I find the proposed project may have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 4. I 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 pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 5. I 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 44 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 17 21284 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. 45 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 18 21284 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. 46 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 19 21284 SECTION 4.0 – CHECKLIST OF ENVIRONMENTAL ISSUES 4.1 AESTHETICS 1. AESTHETICS. Except as provided in Public Resources Code Section 21099, would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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 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? (d) Create a new source of substantial light or glare which 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 is zoned CPD. 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 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 future would 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 state scenic highways are in the vicinity of the Project site (Caltrans 2019). The Project involves zoning code and 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 of the 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. 47 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 20 21284 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 of the 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 physical alteration 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 a new 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 of light or glare would be introduced as a result of the Project; and no impacts would occur. 4.2 AGRICULTURE & FORESTRY RESOURCES 2. 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 determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, 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: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (a) 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? 48 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 21 21284 (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(g))? (d) Result in the loss of forest land or conversion of 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 the 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 none of 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 not conflict with any existing zones for agricultural use or a Williamson Act contract; therefore, no impact would 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 within the Project site (City 2020b). Thus, the zoning code amendment associated with the Project would not conflict 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 to non-forest use? 49 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 22 21284 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 would not 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 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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 Project site. 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? 50 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 23 21284 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 operations at 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; and no 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 concentrations would 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, would be analyzed on a case-by-case basis. Therefore, no impacts regarding emissions would occur. 4.4 BIOLOGICAL RESOURCES 4. BIOLOGICAL RESOURCES. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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, 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 or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 51 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 24 21284 4. BIOLOGICAL RESOURCES. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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 within the 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. 52 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 25 21284 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 in the 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 impacts would occur. 4.5 CULTURAL RESOURCES 5. CULTURAL RESOURCES. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? (b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? (c) Disturb any human remains, including those 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? 53 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 26 21284 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 be considered 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 subsurface historical 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 Project site; 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 6. ENERGY Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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 for 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 not require 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 current conditions. Although the zoning code amendment proposed by the Project could intensify land use at 54 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 27 21284 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 7. GEOLOGY AND SOILS. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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 to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? (b) Result in substantial soil erosion or the loss of topsoil? (c) 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? (d) 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? (e) 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? 55 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 28 21284 7. GEOLOGY AND SOILS. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (f) Directly or indirectly destroy a unique paleontological resource or site or unique geological feature? 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 Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact. The City is located in a region with several active faults and therefore is subject to the risk and hazards associated with earthquakes. The Project site is not located within an Alquist-Priolo Fault Zone 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 of the 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 the existing site. Operations on the Project site will also continue as they are now. The Project would not exacerbate 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 not require 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 56 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 29 21284 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 landslide on 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 not require any ground disturbances that would create soil erosion or the loss of topsoil. Additionally, use of 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 when dried. 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 could exacerbate 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. No new septic tanks or alternative wastewater disposal systems would be installed; therefore, no impacts would 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 site is underlain by nonmarine (continental) sedimentary rocks from the Pliocene-Pleistocene (DOC 57 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 30 21284 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 8. GREENHOUSE GAS EMISSIONS. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions 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 a Climate 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 the region 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 impacts would occur. 58 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 31 21284 4.9 HAZARDS AND HAZARDOUS MATERIALS 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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 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? (f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death 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? 59 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 32 21284 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 proposed at 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 the public 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 (CalARP) Program, and the California Health and Safety Code. As a result, the Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and 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 of the Project. Operations at the Project site would also remain unchanged. Therefore, the Project would not require an expanded use of potentially hazardous commercial materials. Further, the Project site is not within 0.25 mile of an existing or proposed school. Operations at the Project site would continue to 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 Project site; but it has been eligible for closure since February 12, 2020 (SWRCB 2021; DTSC 2021). The Project would 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 (EOC); the City organizing and 60 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 33 21284 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 point for 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 amendment and development agreement amendment and will not include 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 existing plans from being carried out. No impacts regarding an emergency response or evacuation plan would occur. 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 10. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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- site; ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flood on- or off-site; 61 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 34 21284 10. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) Impede or redirect flood flows? (d) In flood hazard, tsunami, or seiche 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 amendment and 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 they are 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 Groundwater Management 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 as a result of the Project, and no impacts would occur. 62 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 35 21284 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 Project site 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 the vicinity of any waterbodies that have potential to produce a seiche (Google 2021). The Project has no risk 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 structures would 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, and no impacts would occur. 63 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 36 21284 4.11 NOISE 11. NOISE Would the project result in: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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 groundborne 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 in the project area to 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 (City 1998). 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 64 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 37 21284 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 of Section 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, current operations 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 Airport Influence Area for either of these airports (ALUC 2000). No impact would occur. 4.12 LAND USE AND PLANNING 12. LAND USE/PLANNING Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (a) Physically divide an established community? (b) 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? 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 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, 65 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 38 21284 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 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 significant. 4.13 MINERAL RESOURCES 13. MINERAL RESOURCES Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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? 66 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 39 21284 (b) 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? 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 not result in the loss of availability of a known mineral resource, so no impacts would occur. 4.14 POPULATION AND HOUSING 14. POPULATION AND HOUSING. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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 from the 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. 67 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 40 21284 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 15. PUBLIC SERVICES. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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 any of the public services: i) Fire Protection? ii) Police Protection? 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, 68 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 41 21284 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 growth requiring 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-case basis. 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 16. RECREATION. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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 facilities 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 parks or 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 zoning code 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 69 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 42 21284 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 amendment and 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 17. TRANSPORTATION. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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 section 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 amendment to 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 impacts would occur. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? 70 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 43 21284 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 that are 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 area such 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 zoning code amendment, but impacts to the City’s circulation system and impacts to transportation 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 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 currently include 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 building on 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 the Project. Therefore, no impacts would occur. 4.18 TRIBAL CULTURAL RESOURCES 18. TRIBAL CULTURAL RESOURCES. 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: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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, 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. 71 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 44 21284 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 19. UTILITIES/SERVICE SYSTEMS. Would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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 infrastructure, or otherwise impair the attainment of solid waste reduction goals? (e) Comply with federal, state, and local management and reduction statutes and regulations related to solid wastes? 72 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 45 21284 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 the Project 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’s 2015 Urban Water Management Plan forecasts that the MWD will have surplus water supply in both single 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 along California SR-118 just west of the City, serves the Project site. The MWRF currently receives an average of 2.0 million gallons per day (mgd) and is designed to treat up to 5.0 mgd (VCWWD 2016). The MWRF has 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 site would 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? 73 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 46 21284 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 Project site would continue unchanged, maintaining current compliance with State and local solid waste reduction goals. No impacts regarding solid waste would occur. 4.20 WILDFIRE 20. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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. 74 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 47 21284 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 an area with minimal elevation change and steep slopes. The Project involves a zoning code amendment and 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 current uses on site. Current infrastructure on site provides sufficient access to roads and utilities, and no new infrastructure 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 21. MANDATORY FINDINGS OF SIGNIFICANCE. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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? 75 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 48 21284 21. MANDATORY FINDINGS OF SIGNIFICANCE. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact (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?) (c) Does the project have environmental effects which will cause substantial adverse effects on human 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 of the 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 result from 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 be less than significant with respect to the environmental issues. Development along the CPD zones has been considered in the City’s General Plan. The expanded uses of 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? 76 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 49 21284 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. 77 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 50 21284 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?bidId=. 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?bidId=. 2001 General Plan: Safety Element. Available online at: https://www.moorparkca.gov/DocumentCenter/View/173/Safety-Element?bidId=. 2020a Municipal Code. Accessed May 2021. Available online at: https://qcode.us/codes/moorpark/. 2020b Zoning Map. Available online at: https://moorparkca.gov/DocumentCenter/View/11472/Zoning-Map-updated- 09222020?bidId= 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.vcfloodinfo.com/pdf/2015%20Ventura%20County%20Multi- Hazard%20Mitigation%20Plan%20and%20Appendices.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. 78 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 51 21284 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 May 2021. 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.nrcs.usda.gov/wps/PA_NRCSConsumption/download?cid=nrcseprd407891 &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. Available online at: 79 Initial Study for the Warehouse Discount Center Project Moorpark, Ventura County, California Chambers Group, Inc. 52 21284 https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe0 9893cf75b8dbfb77. 2021b National Wetlands Inventory, Wetlands Mapper, Accessed May 2021. Available online at: https://www.fws.gov/wetlands/data/mapper.html. 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/AQMP/2016/Final/Final-2016-Ventura-County- AQMP.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. 80 RESOLUTION 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 again st 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 Cali fornia 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 ATTACHMENT 3 81 Resolution No. PC-2021-665 Page 2 complete and accurate analysis that indicates that the project will not r esult 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. 82 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: Commissioners Alva and Brodsly ABSENT: PASSED, AND ADOPTED this 23rd day of November, 2021. Kipp Landis Chair 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 83 ATTACHMENT 4 Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND NLA 118, L.L.C. (WAREHOUSE DISCOUNT CENTER) -1- IIIII I Ill I Ill llll II I lllll 1111111111111111111 20060106-0003983 Pagee: 31 Feee: $I.II 11/11/ZIH 11:87:29 Pl'I T20010001412 EA Venl1ra Counly Recorder Philip J. Sc:hmll 84 THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement") is made and entered into on, by and between the CITY OF MOORPARK, a municipal corporation, ( referred to hereinafter as "City") and NLA 118, L.L.C. (Warehouse Discount Center), the owner of real property within the City of Moorpark generally referred to as Commercial Planned Development 2004-03, Lot 1 of Tract 5004 (referred to hereinafter individually as "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 Agreement, City and Developer agree as follows: 1. Recitals. This Agreement 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: 1.1. 1. 2. 1. 3. Pursuant to Government Code Section 658 64 et ~. 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. Prior to approval of this Agreement the City Council of City ("the City Council") approved General Plan Amendment No. 2004-04 ( "GPA 2004-04"), for approximately 8. 15 acres of land within the City ("the Property") , as more specifically described in Exhibit "A" attached hereto and incorporated herein. Conditional Use Permit 2005-04 (CUP 2005-04) and Commercial Planned Development Permit No. 2004-03 (CPD 2004-03) [collectively "the Project Approvals"; individually "a Project Approval"] -2- 85 1. 4. 1.5. 1. 6. 1. 7 1.8. 1. 9. provides for the development of the the construction of certain off-site in connection therewith ("the Project") Property and improvements By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. Developer anticipates developing the Property over a maximum of two (2) years. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and conditions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement. City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City, as amended by GPA 2004-04. City and Developer acknowledge and agree that the provisions of the Development Agreement adopted through Ordinance 220 for the Special Devices, Incorporated project will continue to be met, unless modified by this Agreement as long as the Development Agreement adopted by Ordinance remains in effect. On September 27, 2005, the Planning· Commission of City commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing recommended approval of the Agreement. On, October 5, 2005 the City Council commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing on October 5, 2005 -3- 86 2. 3. approved the Agreement by ("the Enabling Ordinance") Ordinance No. 322 Pro2ertt Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may also be referred to hereinafter as "the site" or "the Project". Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Prope.rty. Whenever the terms "City" and "Developer" are used herein, such terms shall include every successive successor in interest thereto, except that the term "Developer" shall not include the purchaser or transferee of any lot within the Project that has been fully developed in accordance with the Project Approvals and this Agreement. 3 .1. 3. 2. Constructive Notice and Acce2tance. Every person who acquires any right, title or interest in or to any portion of the Property in which a Developer has a legal interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest. Release U2on Transfer. Upon the sale or transfer of any of Developer's interest in any portion of the Property, that Developer shall be released from its obligations with respect to the portion so sold or transferred subsequent to the operative date of the sale or transfer, provided that the Developer (i) was not in breach of this Agreement at the time of the sale or transfer and (ii) prior to the sale or transfer, delivered to City a written assumption agreement, duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or transferee pursuant to this -4- 87 4 . 5. Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement. Development of the Property. The following provisions shall govern the development and use of the Property. 4. 1. 4 . 2 . 4 . 3 . 4 . 4 . Permitted Uses. The permitted and permitted uses of the Property shall those that are allowed by the Project this Agreement. conditionally be limited to Approvals and Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. Building Standards. All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively "the Building Codes"). Reservations and Dedications. All reservations dedications of land for public purposes that applicable to the Property are set forth in Project Approvals and this Agreement. and are the Vesting of Development Rights. 5 .1. Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.Jct 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later-adopted initiative restricting the rate of development to prevail against the parties' agreement. City and -5- 88 5. 2. 5. 3. Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment. In furtherance of the Parties intent, as set forth in this subsection, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property provided the Property is developed in accordance with the Project Approvals and this Agreement. Nothing in this subsection shall be construed to limit City's right to insure that Developer timely provides all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement. Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless the Developer has agreed in writing to the amendment. Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps (e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps), subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals"; individually "a Subsequent Approval") shall be consistent with the Project Approvals and this Agreement. For purposes of this -6- 89 Agreement, Subsequent Approvals do not include building permits. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Counci 1 or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws"), except City Laws that: (a) change any permitted or conditionally permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the number of proposed buildings or other improvements from what is allowed by the Project Approvals. (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a City-wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential rents; (f) prohibit or regulate development on slopes with grades greater than 20 percent, including without limitation Moorpark Municipal Code Chapter 17.38 or any successor thereto, within the Property; or -7- 90 5. 4. (g) modify the land use from what is permitted by the City's General Plan Land Use Element at the operative date of this Agreement or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. Term of Subsequent Approvals. The· term of any tentative map for the Property, or any portion thereof, shall expire ten (10) years after its approval or conditional approval or upon the expiration or earlier termination of this Agreement, whichever occurs first, notwithstanding the provisions of Government Code Section 66452. 6 (a) or the fact that the final map may be filed in phases. Developer hereby waives any right that it may have under the Subdivision Map Act, Government Code Section 66410 et seq., or any successor thereto, to apply for an extension of the time at which the tentative map expires pursuant to this subsection. No portion of the Property for which a final map or parcel map has been recorded shall be reverted to acreage at the initiative of City during the term of this Agreement. The term of any Subsequent Approval, except a tentative map or subdivision improvement or other agreements relating to the Project, shall be one year; provided that the term may be extended by the decision maker for two (2) additional one (1) year periods upon application of the Developer holding the Subsequent Approval filed with City's Department of Community Development prior to the expiration of that Approval. Each such Subsequent Approval shall be deemed inaugurated, and no extension shall be necessary, if a building permit was issued and the foundation received final inspection by City's Building Inspector prior to the expiration of that Approval. It is understood by City and Developer that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, any Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire. -8- 91 5. 5. 5. 6. 5. 7. Modification of Approvals. Throughout the term of this Agreement, Developer shall have the right, at its election and without risk to or waiver of any right that is vested in it pursuant to this section, to apply to City for modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. Issuance of Building Permits. No building permit, f ina 1 inspect ion or certificate of occupancy w i 11 be unreasonably withheld from Developer if all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. Consistent with subsection 5.1 of this Agreement, in no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City-wide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. -9- 92 6. Developer Agreements. 6.1. 6 . 2 . 6. 3. Developer shall comply with (i) this Agreement, (ii) the Project Approvals, (iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant and (iv) the MMRP of the previously certified EIR for the Special Devices Incorporated project and any subsequent or supplemental environmental actions. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. As a condition of the issuance of a building permit for each commercial or institutional use within the boundaries of the Property, Developer shall pay City a development fee as described herein (the "Development Fee"). The Development Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Development Fee shall be Forty Thousand Twenty-Eight Dollars ($40,028.00) per gross acre of commercial or institutional land on which the commercial or institutional use is located. The fee shall be adjusted annually commencing one ( 1) year after the first building permit is issued within CPD 2004-03 by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Anaheim/Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four ( 4) months prior to the month in which the first building permit is issued within CPD 2004-03 (e.g., if the permit issuance occurs in October, then the month of June is used to calculate the increase). In the event there is a decrease in the referenced Index for any annual indexing, the Development Fee shall remain at its then current amount until such time as the -10- 93 6. 4. 6. 5. 6. 6. next subsequent annual indexing which results in an increase. As a condition of the issuance of a building permit for each commercial or institutional use within the boundaries of the Property, Developer shall pay City a traffic mitigation fee as described herein ("Citywide Traffic Fee"). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Citywide Traffic Fee shall be Twenty-Two Thousand, Eight Hundred Thirty- Eight Dollars ($22,838.00) per acre of commercial or institutional land on which the commercial or institutional use is located. Commencing on January 1, 2006, and annually thereafter, the contribution amount shall be increased to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year ( "annual indexing") . In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. In the event the Caltrans Highway Bid Price Index is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the index had not been discontinued or revised. On the operative date of this Agreement, Developer shall pay all outstanding City processing costs related to preparation of this Agreement and Project Approvals. Prior to the issuance of the building permit for each commercial the Property, acquisition of (Park Fee). or institutional building within Developer shall pay a fee for parkland and related improvements On the operative date of this Agreement, Fifty Cents the amount of the Park Fee shall be used for ($.50) per square foot of each building commercial or institutional purposes -11- 94 6. 7. within the Property. The fee shall be adjusted annually commencing one ( 1) year after the first commercial or institutional building permit is issued within CPD 2004-03 by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Anaheim/Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four ( 4) months prior to the month in which the first commercial or institutional building permit is issued within CPD 2004-03 (e.g., if the permit issuance occurs in October, then the month of June is used to calculate the increase). In the event there is a decrease in the referenced Index for any annual indexing, the Park Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Developer agrees, after approval of landscaping and irrigation plans by the City, at its sole cost and expense, to landscape and maintain those areas under the freeway bridge along the north and south sides of New Los Angeles Avenue; the area on the north side of New Los Angeles Avenue along the entire reach of the Caltrans right-of-way, and the Caltrans right-of-way along the southern boundary of the site. Said landscaping shall be installed prior to the occupancy of the first commercial or institutional building and to be designed and installed to the satisfaction of the Community Development Director and the City Engineer. If approved by Cal trans, the developer shall remove the existing chainlink fencing at the top of the slope and install a six foot (6') high decorative tubular steel fence with block pilasters. Developer agrees to landscape and maintain, at its sole cost and expense, the Caltrans right-of-way along the southern boundary of the site. If approved by Caltrans the developer shall remove the existing chainlink fencing and install a six ( 6) -12- 95 6. 8. foot high decorative tubular steel fence with block pilasters at the top of the slope. Developer warrants that the total gross taxable sales in the first year of operation will be Seven Million Dollars ($7,000,000.00) per annum, in the second year of operation the total gross taxable sales will be Eight Million Dollars ($8,000,000.00), in the third year of operation the total gross taxable sales will be Nine Million Dollars ($9,000,000.00), in the fourth, fifth, sixth, seventh, eighth, ninth and tenth year of operation the total gross taxable sales will be Ten Million Dollars ($10,000,000.00) for each year. The first year shall start twelve (12) months after the date of initial occupancy of Warehouse Discount Center, including conditional occupancy, which allows for the operation of Warehouse Discount Center. For example if initial occupancy occurs on February 1, 2006 the first year shall start on February 1, 2007. If the date of initial occupancy does not start on the first day of a calendar month, then for purposes of this section, the first month of the twelve (12) month period shall be on the first day of the following month. For example, if initial occupancy occurs on February 3, 2007, the start date of the monthly fee calculation shall be March 1, 2007. Should the annual total gross taxable sales from the Warehouse Discount Center not reach the annual amount for any year in the first ten years of operation the Developer shall pay the City the difference in total gross taxable sales times 0.0075 (e.g., if the gross receipts in the first year are $6,000,000.00 instead of $7,000,000.00 then Developer would pay City $7,500.00 ($1,000,000.00 x .0075). This fee shall be paid for each year that the total gross taxable sales are not met. The fee shall be paid monthly in twelve (12) equal installments in the year following the shortfall. This fee may be expended by the City in its sole and unfettered discretion. If in any year the gross taxable sales exceeds the established annual amount the Developer will be given a credit against future annual gross taxable sales, on a dollar for dollar basis until such -13- 96 credit amount is used to offset a shortfall in any subsequent year. 6.9. Developer agrees to pay to City an air quality mitigation fee, as described herein (Air Quality Fee) of Sixty Six Thousand Dollars ($66,000.00), in satisfaction of the Transportation Demand Management Fund mitigation requirement for the Project. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. At the time the Fee is due, City may at its sole discretion require Developer to purchase equipment, vehicles, or other items, contract and pay for services, or make improvements for which Developer shall receive equivalent credit against Air Quality Fee payments or refund of previous payments. The fee shall be paid prior to the occupancy of the first building. Commencing on January 1, 2006, and annually thereafter the Air Quality Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Anaheim/Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.10. Developer shall provide an easement to the City for a City Welcome Sign on the Project site at a location satisfactory to the Community Development Director. The easement shall provide for the location and maintenance of the sign. Developer agrees to pay $25,000 to the City for the construction and erection of the sign. The funds may be expended by City in its sole and unfettered discretion. The fee shall be paid prior to occupancy of the first commercial or institutional -14- 97 building. Developer agrees that design of the sign, including the lighting, shall be at the City's sole discretion. 6.11. Developer agrees to cast affirmative ballots for the formation of one or more assessment districts and levying of assessments, for the maintenance of parkway and median landscaping, street lighting, including but not limited to all water and electricity costs, and if requested by the City Council, parks for the provision of special benefits conferred by same upon properties within the Project. Developer further agrees to form one or more property owner associations and to obligate said associations to provide for maintenance of parkway and median landscaping, street lighting, and if requested by the City Council, parks in the event the aforementioned assessment district is dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. Prior to occupancy of the first building for the Property, if required by City at its sole discretion, Developer sha 11 also form one or more property owner associations to assume ownership and maintenance of open space land, trails, storm water detention and/or debris basins and related drainage facilities, landscaping (including landscaping within Caltrans rights-of- way), and other amenities, and to comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Project. The obligation of said property owner association shall be more specifically defined in the conditions of approval of Commercial Planned Development 2004-03. 6. 12. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees include but are not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, drainage, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all -15- 98 fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 6.13. Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) fee for each commercial and institutional use prior to the issuance of a building permit for each use. The AOC fee shall be the dollar amount in effect at the time of issuance of the building permit for each commercial or institutional use. 6. 14. Developer agrees that any fees and payments pursuant to this Agreement shall be made without reservation, and Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto. Developer further agrees that the fees it has agreed to pay pursuant to subsections 6.3 and 6. 6 of this Agreement are not public improvement fees collected pursuant to Government Code Section 66006 and statutes amendatory or supplementary thereto and that for purposes of Government Code Section 65865(e) and statutes amendatory or supplementary thereto. 6.15. Developer agrees to comply with Section 15.40.150 of the Moorpark Municipal Code and any provisions amendatory or supplementary thereto for annual review of this Agreement and further agrees that the annual review shall include evaluation of its compliance with the previously certified EIR for the SDI project and approved MMRP. 6. 16. Developer agrees that any election to acquire property by eminent domain shall be at City's sole discretion, and only after compliance with all legally required procedures including but not limited to a hearing on a proposed resolution of necessity. -16- 99 7. City Agreements. 7. 1. 7 . 2 . 7. 3. City shall commit reasonable time and resources of City staff to work with Developer on the expedited and parallel processing of applications for Subsequent Approvals for the Project area and shall use overtime and independent contractors whenever possible. Developer shall assume any risk related to, and shall pay the additional costs incurred by City for, the expedited and parallel processing. If requested in writing by Developer and limited to City's legal authority, City at its sole discretion shall proceed to acquire, at Developer's sole cost and expense, easements or fee title to land in which Developer does not have title or interest in order to allow construction of public improvements required of Developer including any land which is outside City's legal boundaries. The process shall generally follow Government Code Section 66462.5 et ~-and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not 1 imi ted to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, City staff costs, and City overhead expenses of fifteen percent (15%) on all out-of-pocket costs. The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading of the Project prior to completion of all condition compliance requirements. Said early grading agreement shall be consistent with the conditions of approval for CPD 2004-03 and contingent on City Engineer and Community Development Director acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading and construction of on-site and off-site improvements. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. -17- 100 8 • 9. 10. 7 . 4 . 7 . 5 . City agrees that whenever possible as qetermined by City in its sole discretion to process concurrently all land use entitlements for the same property so long as said entitlements are deemed complete. City shall facilitate the reimbursement to Developer of any costs incurred by Developer that may be subject to partial reimbursement from other developers as a condition of approval of a development permit or development agreement with one or more other developers. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. Demonstration of Good Faith Compliance. In order to ascertain compliance by Developer with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code Chapter 15.40. of City or any successor thereof then in ef feet. The failure of City to conduct any such annual review sha 11 not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of Developer hereunder or render this Agreement invalid or void. At the same time as the referenced annual review, City shall also review Developer's compliance with the MMRP. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of "Excusable Delay", as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (e) damage to work in progress by reason of fire, flood, earthquake or other -18- 101 casualty; (f) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; ( g) delay caused by a restriction imposed or mandated by a governmental entity other than City; or (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Property. 11. Default Provisions. 11.1. Default by Developer. The Developer shall be deemed to have breached this Agreement if it: 11. 2. (a) pr act ices, or at tempts to practice, any fraud or deceit upon City; or willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (b) fails to make any payments required under this Agreement; or (c) materially breaches any of the provisions of the Agreement. Default by City. this Agreement if provisions of the City shall be it materially Agreement. deemed in breach of breaches any of the 11. 3. Content of Notice of Violation. Every notice of violation shall state with specificity that it is given pursuant to this subsection of the Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. Every notice shall include a period to cure, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, provided if the defaulting party cannot reasonably cure the breach within the time set forth in the -19- 102 notice such party must commence to cure the breach within such time limit and diligently effect such cure thereafter. The notice shall be deemed given on the date that it is personally delivered or on the date that it is deposited in the United States mail, in accordance with Section 20 hereof. 11. 4. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the remedies expressly set forth in this subsection. Prior to pursuing the remedies set forth herein, notice and an opportunity to cure shall be provided pursuant to subsection 11.3 herein. The remedies for breach shall be injunctive performance. of the relief Agreement and/or by City specific The remedies for breach of the Agreement by Developer shall be injunctive relief and/or specific performance. In addition, if the breach is of subsections 6.8, 6.9, 6.10, 6.11, 6.12, 6.14, 6.15, or subsection 6.16 of this Agreement, City shall have the right to withhold the issuance of building permits to Developer throughout the Project from the date that the notice of violation was given pursuant to subsection 11.3 hereof until the date that the breach is cured as provided in the notice of violation. Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against any Developer who violates any City ordinance or state statute. 12. Mortgage Protection. At the same time that City gives notice to Developer of a breach, City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Property in which Developer -20- 103 13. has a legal interest ("Financier"), provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this section. The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third (3rd) day after deposit. Each Financier that has given prior notice to City pursuant to this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen ( 15) days after the receipt of the notice from City. If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer's breach without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. Estoppel Certificate. At any time and from time to time, Developer may deliver written notice to City and City may deliver written notice to Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. -21- 104 14. Administration of Agreement. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the Developer to the City Counci 1, provided that any such appea 1 shal 1 be filed with the City Clerk of City within ten ( 10) days after the affected Developer receives notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The Developer sha 11 not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of Chapter 15. 4 0 of the Moorpark Municipal Code of City or any successor thereof then in ef feet, this Agreement may be amended or terminated, in whole or in part, by mutual consent of City and the affected Developer. 16. 15. 1 Exemption for Amendments of Project Approvals. No amendment to a Project Approval shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement at the time that the amendment becomes effective, provided that the amendment is consistent with this Agreement. Indemnification. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, Developer's performance pursuant to this Agreement. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement, or any provision thereof, or any Project Approval or Subsequent Approval or modifications thereto, or any other subsequent entitlements for the project and including any related environmental approval. -22- 105 17. 18. 19. 20. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. Operative Date. This Agreement shall become operative on the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. Term. This Agreement shall remain in full force and effect for a term of twenty (20) years commencing on its operative date or until twelve (12) years after the initial certificate of occupancy has been issued on the Warehouse Discount Center building, whichever occurs last, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "B" attached hereto and incorporated herein. Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement and those exhibits and documents referenced herein contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. -23- 106 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shal 1 be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 2 3. Severabili ty. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. 27. 28. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect. Cooperation Between City and Developer. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose -24- 107 29. or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. Should any provision of the Implementation Plan be found to be in conflict with any provision of this Agreement, the provisions of the Implementation Plan shall prevail. Joint Preparation. This Agreement shall have been prepared jointly and equally by and it shall not be construed against any ground that the Party prepared the Agreement to be prepared. be deemed to the Parties, Party on the or caused it 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. -25- 108 IN WITNESS WHEREOF, NLA 118, L.L.C. (Warehouse and City of Moorpark have DEC..E::M6 az_ 2.1 , 2005. OWNER/DEVELOPER N LA 118 , L . L . C . (Warehouse Discount Center) By: Schlender /4t!Z4k~&v Shelley£ Schlender Secretary -26- 109 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 PUBLIC AGENCY FORM OF ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ss. (805) 517-6200 On this 23rd day of December in the year 2005, before me, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, personally appeared Patrick Hunter, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as the Mayor of the City of Moorpark, and that by his signature on the instrument, acknowledged to me that the City executed the instrument. Witness my hand and Official Seal ~~. 2-. ,.,.,,,~±_ Deborah S. Traffenste City Clerk 0 PATRICK HUNTER Mayor ROSEANN MIKOS Mayor Pro Tern CLINT D. HARPER Councilmember KEITH F. MILLHOUSE Council member JANICE S. PARVIN Councilmember 110 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :<-:~~,eQ~-01xx~,eQ,i.';½':&-f:_AX,!XXX,~~A.¾',zy:~-O{:_~~~,eQ~,<;Q_~~-,&;~A[;Q~:&'fi:XXX:.&f:.'¢. --~-g --·· .. , .. ,. __ ... ·., ... ,. ... . · .... , ... ,. .· ·. -,_,_ ... ,. -----.· .. ,. . ... . . _;_ .. ·.. .. . .. . . . . .c..· .· .. · ..... _. __;__ -'~i ~ ~ ';<,: State of California } :c>i· ~ ~-~ ~ County of L t; 5 Ao9 -e ) ~ s ~ ~ On I 2 I 2 {; / D.'5 before me, l istt -r; VY7{{ \. 0 {\__lr-1-fl, \ H-1 IC ~ i personally appeare:·· Tl1crv1{'( s J' Sch !.-<.~Vi Nameandl',teo\Ott,cel( g Ja'\ODoeNotaryPub\~)!11~~Y'1'1r ~;: ~ ~ I ~.:. . PP~~sv:dal\~ k~~w:~ 0 t~ee basis of satisfactory ~I···· ~: evidence 1'.S ~ l • ft ft e ft ••• ft e •• r to be the person(s) whose name(s) --i6/are ~ I 1 ~ LISA TAMAYO f subscribed to the within instrument and ~ i . N~~m;~:i~ ~ ~=!~a f acknowledged to me that Refshe/they executed ~I:· 1 j Los Angeles County f the same in ~their authorized i'.S u..Corrm c:-iresDecZ7 2005 capacity(ies), and that by ~their :c>i ~ w w w ,;;~ w w ;-:, w w ~ u signature(s) on the instrument the person(s), or ~-•.• ~ ... l· the entity upon behalf of which the person(s) ~,~_. c: acted, executed the instrument. ,3 i Wl:rNESS y h . d an~. i . I seal. i P.j _.____,, / / l'.L-1 g ~ ~ ~f I ~ ---------OPTIONAL---------~ R: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent g i fraudulent removal and reattachment of this form to another document. i ~.:: Description of AttachedDDocument ~ ~.iX_: :, 1 ~; Title or Type of Document: • f velD(2vv1-et11+-"CJ VdtB:cfJ-f--i:S R; Document Date: _ ___________ _____ __ __ Number of Pages:_____ ~ i Signer(s) Other Than Named Above:_ ____ _____ ______ ___ ~ ~ ~ ~ Capacity(ies) Claimed by Signer g ~~ ~.:, Signer's Name:___________________ ______ 6 g ~ Individual g ~ Corporate Officer -Title(s): ____ ____________ g_x __ · ~ Partner -Limited -General :o ~ ~~:::y-in-Fact i ~ g~h~~ian or Conservator ~ ~ g ~ Signer Is Representing:_____________________ ______ ~ L'C<:,'C<:,'<X,'<X,'<X,'<X,'C<;.~'<X,'<X,~'¢<:.'<X;.'C<:,~'<X,"C.<.,~~-«~~~~~~~-'¢.<)C<.,~~'<X,03 ~ 1999 Nat10"lal Notary Assoc1al10""I • 9350 De So~o Ave PO Box 2402 • Chatswor1h. CA 91313-2402 • www nahOnalnotary org Prod No 5907 Reorder Call Toll-Froe 1-800-876-6827 111 EXHIBIT A LEGAL DESCRIPTION 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 14 6, Pages 1 through 6 inclusive of Miscellaneous Records (Maps), in the Office of the County Recorder of said county. APN: 513-0-050-205 -27- 112 ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: N LA 118 , L . L . C . (Warehouse Discount Center ) 30621 Canwood Street Agoura Hills, CA 91301 Attn: President -28- EXHIBIT B 113