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HomeMy WebLinkAboutRES CC 1992 855 1992 0513RESOLUTION NO. 92 -855 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AS ADEQUATE, APPROVING THE MITIGATION MONITORING PROGRAM, AND INCLUDING REQUIRED FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) , FOR MOORPARK GENERAL PLAN LAND USE AND CIRCULATION ELEMENT UPDATE (GPA -89 -1) AND SPHERE OF INFLUENCE EXPANSION STUDY WHEREAS, a draft and final environmental impact report (EIR) were prepared for the above referenced project in conformance with CEQA to evaluate the environmental effects of buildout of updated Moorpark Land Use and Circulation Elements and possible future expansion of the City's sphere of influence boundary; and WHEREAS, Section 15146 of the CEQA Guidelines states that "an EIR or a project such as the adoption or amendment of a local general plan should focus on the secondary effects that can be expected to follow from the adoption, but the EIR need not be as detailed as an EIR on the specific construction projects that may follow "; and WHEREAS, the Moorpark Land Use and Circulation Element Update and Sphere of Influence Expansion Study Final Environmental Impact Report (SCH No. 90010061) provides an environmental assessment of the proposed project impacts in accordance with CEQA; and WHEREAS, public notice of the availability and distribution of the Draft EIR was provided in compliance with CEQA; and WHEREAS, at duly noticed public hearings on November 4, 18, 21, and 25, 1991, the Planning Commission received public testimony regarding the adequacy of the Draft EIR, closed the public hearing for the Draft EIR on November 25, 1991, and adopted a resolution recommending certification of the Final EIR on January 6, 1992; and WHEREAS, at duly noticed public hearings held on January 22 and 29, February 1, 8, and 12, and March 18, 1992, and at continued meetings on February 26, March 11, April 8, April 22, April 29, May 6, and May 13, 1992, the City Council considered the proposed Land Use and Circulation Element Update and Sphere of Influence Expansion Study; and WHEREAS, at its meeting of April 29, 1992, the City Council reached its decision to certify the Final EIR and directed preparation of this resolution; Resolution No. 92 -855 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. A Final EIR has been completed in compliance with CEQA (Division 13 of the Public Resources Code of the State of California). The City Council has received and considered the information contained in the Final EIR prior to acting on the proposed General Plan Land Use and Circulation Element amendments and has found that this document adequately addresses the environmental effects of the proposed project. SECTION 2. The Final EIR has identified both significant mitigated and significant, partially mitigated environmental effects of the project. Significant impacts only partially mitigated which require adoption of a Statement of Overriding Considerations are as follows: 1) Land Use - conversion of existing non - urbanized land and rural uses to urbanizing uses; 2) Air Quality - long -term air contaminant emissions in the project area will occur from both stationary and mobile emission sources; 3) Acoustic - long -term acoustic impacts related to Land Use Plan buildout will occur due to increased vehicular traffic on area roadways; 4) Aesthetics - urbanization associated with buildout of the Land Use Plan and the subsequent loss of significant amounts of open land; 5) Biological Resources - plant and wildlife habitats will be removed or altered as a result of construction and urban development. CEQA Findings and a Statement of Overriding Considerations are attached as Exhibits A and B to this resolution in compliance with CEQA and are incorporated herein by reference. SECTION 3. The City Council finds that the Statement of Overriding Considerations can be adopted in that the significant public benefits of the proposed project outweigh the unavoidable environmental effects of said impacts as addressed in Exhibit B and in the City Council meeting records. SECTION 4. A Mitigation Monitoring Program has been prepared in compliance with Section 21081.6 of the Public Resources Code. The City Council has received and considered the Mitigation Monitoring Program, which has been incorporated into the Final EIR and is attached hereto as Exhibit C, prior to taking final action on the proposed project. Resolution No. 92 -855 Page 3 SECTION 5. The City Council hereby certifies the Final EIR for the Moorpark General Plan Land Use and Circulation Element Update and Sphere of Influence Expansion Study, which includes the Mitigation Monitoring Program, and adopts the attached Findings and Statement of Overriding Considerations. PASSED, APPROVED AND ADOPTED this 13th day of May, 1992. IA'4 ' ►I Paul W. ason, Jr 4.1 Mayor ATTEST: Lillian E. Re lerman City Clerk Attachments: Exhibit A - Findings Exhibit B - Statement of Overriding Considerations Exhibit C - Mitigation Monitoring Program EXHIBIT A TO RESOLUTION NO. 92 -855 CITY OF MOORPARK CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS FOR MOORPARK GENERAL PLAN LAND USE AND CIRCULATION ELEMENT UPDATE AND SPHERE OF INFLUENCE EXPANSION STUDY A Final Environmental Impact Report Moorpark General Plan Land Use and Sphere of Influence Expansion environmental effects of the propos, the State California Environmental requires: (EIR) has been prepared for the Circulation Element Update and Study which addresses the ad project. Section 15091(a) of Quality Act (CEQA) Guidelines, No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. Pursuant to Section 15091, written findings for each of the identified significant effects in the Final EIR for the Moorpark General Plan Land Use and Circulation Element Update and Sphere of Influence Expansion Study, as well as a brief explanation of the rationale for each finding are identified on the following pages. LAND USE 1. Effect: Buildout of the Updated Land Use Plan will result in the conversion of existing non - urbanized land and rural uses (including agricultural) to the urbanizing uses of the Updated Land Use Plan. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. Rationale: The Draft EIR identifies this effect as being only partially mitigated through implementation of the policies and programs of the Land Use Element on an ongoing basis, including requiring that specific plans provide a minimum of 25 percent open space acreage, that grading be restricted on slopes of 20 percent or greater, and that viable Prime and Statewide Significance agricultural lands are preserved. To further minimize the significance of this identified effect, the City Council has modified the project to reduce the amount of non - urbanized /rural area that would be affected by changes in land use designations. Prior proposed specific plans 4, 5, 6, and 7 in the unincorporated area surrounding the existing, westerly City boundary have been deleted from consideration (in other words, no land use change or sphere of influence amendment to include these areas is now proposed). The Final EIR contains additional explanation regarding amendments made to the land use plan to reduce environmental impacts. Following is an explanation of why other project alternatives are not considered feasible: No Project Alternative - This alternative is not considered viable for City adoption since it would prevent the City from responding appropriately to regional growth pressures, would restrict the City's ability to provide its share of the regional housing needs, and would restrict employment opportunities. Alternative 1 - This alternative assumes buildout of the incorporated area under the existing City General Plan and buildout of the unincorporated planning area under the existing County General Plan. Land Use conversion impacts would be limited with this alternative, since County General Plan designations for the unincorporated area consist almost N entirely of Open Space and Agricultural designations. However, Alternative 1 is viewed as slightly inferior to the project from an environmental standpoint, because the public safety aspects of an improved circulation and improved traffic flow would be realized only with development of the project. Alternative 2 - This alternative provides a land use plan with a slightly lower intensity development scenario than the project (15,122 dwelling units at buildout versus 16,291 for the revised project). All associated impacts for the project are anticipated to be the same with this alternative. Alternative 2 does not achieve the level of employment opportunities as the project. Alternative 3 - This alternative assumes higher intensity land use designations in the land use plan than the project and would result in higher impacts in all environmental categories compared to the project. Alternative 4 - This alternative assumes no change to the unincorporated planning area from the existing Ventura County General Plan land use designations, but retains the proposed project land use plan for the incorporated City area. Impacts would not be expected to be significantly reduced by this alternative in comparison to the revised project. Alternative 4 would not result in the conversion of existing non - urbanized land to an urbanized area; however, this alternative would allow more open space land within the existing City limits to be developed. The Statement of Overriding Considerations includes further statements of specific economic, social, and other considerations which support adoption of the subject project instead of the identified alternatives to the project. 2. Effect: The project at buildout does not conform with the County's population forecasts for Moorpark's growth and non - growth areas and is considered inconsistent with the planning components of the Countywide Planning Program (CPP). Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies this effect as being mitigated to a level of insignificance by the City's participation in the CPP update process and monitoring of community growth to ensure consistency with CPP updated population forecasts. However, based on the revised project which could result in a 3 total population of 44,637 at buildout (year 2010), the CPP projection of 47,080 for the designated growth area of Moorpark will not be exceeded. Therefore, no inconsistency impact will occur. 3. Effect: Adoption of the revised Land Use Element will influence the need for updating and revising other existing elements of the General Plan (Housing; Open Space, Recreation and Conservation; Noise; and Safety). Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies this effect as being mitigated to a level of insignificance. City implementation of the Land Use and Circulation Elements, which includes updating other General Plan elements to be consistent with the revised land use and circulation plans, will eliminate the potential for any significant inconsistency impact. TRANSPORTATION /CIRCULATION 1. Effect: Buildout of the General Plan will result in traffic volumes exceeding roadway capacities at several intersections. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies this effect as being mitigated to a level of insignificance by the following mitigation measures: 1) Roadway additions and upgrades shall be implemented as development occurs in order to accommodate the proposed land use plan (refer to Final EIR for this list). 2) A program shall be developed to monitor traffic volumes and levels of service to facilitate the maintenance of level of service "C" as a system performance standard. 2. Effect: Future development planned for the City of Moorpark and the proposed sphere of influence as well as changes recommended in the Circulation Element will require major new roadway development and improvements 4 Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies this effect as being mitigated to a level of insignificance through adoption of roadway standards and transportation design criteria and adoption of a transportation improvement fee program. A phasing/ improvement plan shall be included that identifies project specific improvement responsibilities and requires fair share funding for cumulative circulation improvements. AIR QUALITY 1. Effect: Short -term air quality impacts will result from construction activities. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies this effect as being mitigated to a level of insignificance through standard conditions of approval which will be imposed on all development projects related to dust control measures and construction restrictions during Stage III smog alerts. 2. Effect: Long -term air contaminant emissions in the project area will occur from both stationary and mobile emission sources. The primary source of stationary emissions in the project area will be the combustion of natural gas for water heating and space heating in buildings. Mobile source emissions include pollutants released by increased vehicular traffic. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. Rationale: The EIR identifies this effect as being only partially mitigated to a level of insignificance through the following mitigation measures: 1) Employers of 50 or more employees shall implement programs such as flex -time, staggered work hours and /or compressed work weeks. 2) Employers of 50 or more and home builders of projects of 50 or more units shall provide employees and new homeowners information on Commuter Computer to encourage ridesharing. 3) All employers of 100 or more shall develop a parking management program acceptable to County of Ventura Air Pollution Control District and the City prior to occupancy. The plan may include preferential carpool, vanpool parking, and other ridesharing incentives. To further minimize the significance of this identified effect, the City Council has modified the project to reduce the development area and the number of dwelling units which could be constructed (refer to Final EIR for revised project description). The prior project would have allowed up to 19,680 dwelling units to be constructed, and a year 2010 population of 53,923 within the overall planning area (City limits and area proposed for sphere of influence amendment). The currently proposed project could allow up to 16,291 dwelling units and a total population of 44,637 by the year 2010 within the overall planning area. The revised project is still expected to result in significant long -term air contaminant emissions in the project area when compared to the existing General Plan which would have allowed a population of approximately 31,211 by the year 2010. Following is an explanation of why other project alternatives are not considered feasible: No Project Alternative - This alternative is not considered viable for City adoption since it would prevent the City from responding appropriately to regional growth pressures, would restrict the City's ability to provide its share of the regional housing needs, and would restrict employment opportunities. Alternative 1 - This alternative assumes buildout of the incorporated area under the existing City General Plan and buildout of the unincorporated planning area under the existing County General Plan. However, Alternative 1 is viewed as slightly inferior to the project from an environmental standpoint, because the public safety aspects of an improved circulation and improved traffic flow would be realized only with development of the project. 11 Alternative 2 - This alternative provides a land use plan with a slightly lower intensity development scenario than the project (15,122 dwelling units at buildout versus 16,291 for the revised project). All associated impacts for the project are anticipated to be the same with this alternative. Alternative 2 does not achieve the level of employment opportunities as the project. Alternative 3 - This alternative assumes higher intensity land use designations in the land use plan than the project and would result in higher impacts in all environmental categories compared to the project. Alternative 4 - This alternative assumes no change to the unincorporated planning area from the existing Ventura County General Plan land use designations, but retains the proposed project land use plan for the incorporated City area. Impacts would not be expected to be significantly reduced by this alternative in comparison to the revised project. Alternative 4 is identified in the EIR as consisting of 14,987 dwelling units and a total population of 40,955 at buildout. The revised project could result in a total of approximately 16,291 dwelling units and a population of 44,637 at buildout. This difference in expected population by the year 2010 would not avoid the long -term air contaminant emissions impact that is expected to result from the proposed project. The Statement of Overriding Considerations includes further statements of specific economic, social, and other considerations which support adoption of the subject project instead of the identified alternatives to the project. 3. Effect: The City's Land Use Element is potentially inconsistent with the Ventura County AQMP based on the forecasted year 2010 buildout population for the City's proposed Land Use Plan (53,923) and the AQMP population projection for the year 2010 (47,080). Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 7 Rationale: The Draft EIR indicates this effect as being only partially mitigated through adoption of policies and mechanisms to monitor growth in order to ensure consistency with the Countywide Planning Program (CPP) updated population forecasts for the designated growth and non - growth areas of Moorpark. However, based on the revised project which could result in a total population of 44,637 by the year 2010, the CPP projection of 47,080 for the designated growth area of Moorpark will not be exceeded. Therefore, no inconsistency impact will occur. ACOUSTIC ENVIRONMENT 1. Effect: Short -term impacts will occur during construction of the various projects which are adjacent to noise sensitive land uses due to truck /equipment operations and various construction activities. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies this effect as being fully mitigated to a level of insignificance by the following mitigation measures: 1) A City Noise Ordinance shall be adopted which specifies time limits for construction activities. 2) Truck noise from hauling operations shall be minimized by requiring hauling routes that avoid residential areas and requiring Planning Department approval of a construction hauling plan. 2. Effect: Long -term acoustic impacts related to General Plan buildout will occur due to increased vehicular traf fic on area roadways, which will result in significant noise impacts at two of the five locations modeled in the EIR. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (3) Specific economic, social, or infeasible the mitigation measures identified in the Final EIR. n. other considerations make or project alternatives Rationale: The EIR identifies this effect as being only partially mitigated to a level of insignificance by the following mitigation measures: 1) Noise Element policies shall be implemented relative to appropriate site planning, design, and City review of proposed projects to ensure the continued compatibility between noise - sensitive land uses and noise levels in the city. 2) A community noise ordinance shall be adopted and enforced. The revised project will not eliminate this effect since vehicular traffic will still increase on area roadways resulting in cumulative noise impacts to residential areas already impacted by vehicular traffic noise. Only the No Project Alternative would avoid project related cumulative noise impacts along existing roadways (although projected increases in regional traffic and related noise impacts would still occur). The No Project Alternative is not considered viable for City adoption since it would prevent the City from responding appropriately to regional growth pressures, would restrict the City's ability to provide its share of the regional housing needs, and would restrict employment opportunities. The Statement of Overriding Considerations includes further statements of specific economic, social, and other considerations which support adoption of the subject project instead of the identified alternatives to the project. HYDROLOGY 1. Effect: A portion of the proposed development area is within a Federal Emergency Management Agency (FEMA) designated 100 - year flood zone. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies this effect as being mitigated to a level of insignificance based on the following mitigation measures: 1) Projects proposed within a FEMA- designated 100 - year flood zone shall be evaluated for consistency with the Flood Damage Prevention Chapter of the Moorpark Municipal Code. 2) The City shall require the submittal of information prepared by a qualified civil or hydrological engineer which certifies compliance with development standards established for 100 -year flood zones on a project -by- project basis. 3) The City shall implement the recommendations of the March 1987 �9 Central City Drainage Study; and individual projects which could impact existing drainage facilities shall be evaluated by the Ventura County Flood Control District to determine if additional drainage can be accommodated. 2. Effect: Urban development will result in an increase in impermeable surfaces which will increase the amount of storm water runoff to the Arroyo Simi leading to possible erosion and /or flooding problems. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies that this effect is mitigated to a level of insignificance by the following mitigation measures: 1) The City shall require a minimum of 25 percent open space in any future specific plan area to minimize impermeable surfaces throughout the City. 2) The City shall require the incorporation of adequate erosion control measures into development projects that may otherwise adversely impact water resources. Such measures shall include sandbagging of newly graded slopes, prompt planting of disturbed areas, phasing of grading and construction activities to minimize exposed areas susceptible to erosion and the routing of run- off flows through desilting basins prior to discharge into any watercourse. Such provisions shall be included in a grading ordinance. 3. Effect: Downstream areas may experience increased sediment deposition and urban pollutants which can affect water quality. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies that this effect is mitigated to a level of insignificance by the following mitigation measure: The City shall require periodic street sweeping in all areas of new development to minimize the urban pollutant load which enters the City's drainage system. 10 SOILS 1. Effect: Buildout of the updated Land Use Plan will result in the loss of farmlands classified "Prime" and of "Statewide Significance" listed on the Federal Important Farmlands Inventory Map. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The Draft EIR identifies this effect as being only partially mitigated through implementation of the policies and programs of the Land Use Element on an ongoing basis to ensure that viable Prime and Statewide Significance farmlands are preserved. However, subsequent to publication of the Draft EIR, the City Council modified the project to eliminate from the land use plan proposed development in unincorporated areas of the County containing agricultural lands classified as Prime and of Statewide Significance. The modified project is not expected to directly or indirectly impact farmlands classified as either Prime or of Statewide Significance. 2. Effect: Buildout of the General Plan will expose additional people and buildings to potentially significant impacts due to seismic activity. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies that this effect is mitigated to a level of insignificance by the following mitigation measures: 1) A comprehensive soils and geotechnical investigation shall be performed for each individual building site to develop preliminary soils engineering and design data to be reviewed and approved by the City. 2) The City shall implement the policies and programs of the Land Use Element Update on an ongoing basis to ensure that viable Prime and Statewide Significance farmlands are preserved. 3) All structures will be developed in accordance with the seismic design provisions of the Uniform Building Code and monitored by the City during the plan check process. 4 ) In areas of high seismic potential, the applicant shall submit a seismic evaluation with applications. 11 SOCIOECONOMICS 1. Effect: The Housing Element's goal of providing 959 residential units in the lower- to very low- income category may not be achieved if proper incentives are not implemented. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies that this effect is mitigated to a level of insignificance based on the following mitigation measure: The goals and policies of the Housing Element and the revised Land Use element which encourage development of affordable housing units shall be implemented on an ongoing basis. Section 5.1 of the Land Use Element is intended to encourage the provision of affordable housing by allowing the decision - making body to approve a density bonus above the otherwise "maximum" density for a project which provides very low and lower income affordable housing. The allowable density bonus exceeds 25 percent for most residential designations. AESTHETICS 1. Effect: Existing non - urbanized rural lands contribute to the scenic qualities of Moorpark, and the urbanization associated with buildout of the Updated Land Use Plan and the subsequent loss of significant amounts of open land is considered a significant adverse impact. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (3) Specific economic, social, or infeasible the mitigation measures identified in the Final EIR. 12 other considerations make or project alternatives Rationale: The EIR identifies this effect as being only partially mitigated to a level of insignificance through the following mitigation measures: 1) The City shall implement the goals, policies and programs in the Land Use Element on an ongoing basis regarding hillside preservation, restricting grading on slopes over 20 percent, establishing land use patterns which are compatible with scenic and natural resources, and promotion of revitalization of the visually degraded areas of the community. 2) The City shall employ a mechanism such as a hillside development ordinance or viewshed preservation criteria in order to protect visually prominent horizon lines and other scenic viewshed in the community within one year of adopting the updated Land Use Element. 3) The City shall implement the redevelopment plan, which will restore and revitalize blighted areas within the City. In addition to the above mitigation measures, following publication of the Draft EIR, the City Council modified the project to minimize impacts to rural lands by reducing the area under consideration for a sphere of influence amendment and reducing the development proposed within the City limits (refer to Final EIR for revised project description). Although this project modification has reduced the amount of rural area which will now be developed with urban land uses, the impact is not considered fully mitigated since any loss of open space land may be considered significant by some persons or agencies. Following is an explanation of why other project alternatives analyzed in the Draft EIR are not considered feasible: No Project Alternative - This alternative is not considered viable for City adoption since it would prevent the City from responding appropriately to regional growth pressures, would restrict the City's ability to provide its share of the regional housing needs, and would restrict employment opportunities. Alternative 1 - This alternative assumes buildout of the incorporated area under the existing City General Plan and buildout of the unincorporated planning area under the existing County General Plan. Land Use conversion impacts would be limited with this alternative, since County General Plan designations for the unincorporated area consist almost entirely of Open Space and Agricultural designations. However, Alternative 1 is viewed as slightly inferior to the project from an environmental standpoint, because the public safety aspects of an improved circulation and improved traffic flow would be realized only with development of the project. 13 Alternative 2 - This alternative provides a land use plan with a slightly lower intensity development scenario than the project (15,122 dwelling units at buildout versus 16,291 for the revised project). All associated impacts for the project are anticipated to be the same with this alternative. Alternative 2 does not achieve the level of employment opportunities as the project. Alternative 3 - This alternative assumes significantly higher intensity land use designations in the land use plan than the project and would result in higher impacts in all environmental categories compared to the project. Alternative 4 - This alternative assumes no change to the unincorporated planning area from the existing Ventura County General Plan land use designations, but retains the proposed project land use plan for the incorporated City area. Impacts would not be expected to be significantly reduced by this alternative in comparison to the revised project. No open space area outside the existing City limits would be affected by Alternative 4; however, this alternative would allow more open space land within the existing City limits to be developed. The Statement of Overriding Considerations includes further statements of specific economic, social, and other considerations which support adoption of the subject project instead of the identified alternatives to the project. BIOLOGICAL RESOURCES 1. Effect: Plant and wildlife habitats may be removed or altered as a result of construction and urban development. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. 14 Rationale: The EIR identifies this effect as being only partially mitigated to a level of insignificance through the following mitigation measures: 1) The City shall adhere to and implement the policies of the updated Land Use Element to ensure the protection of sensitive biological resources. Each individual development proposal shall be required to include complete environmental documentation pursuant to CEQA to ensure that potential site specific impacts upon sensitive biological resources are identified and that adequate mitigation measures are provided (i.e., selective preservation, replanting, and /or sensitive site planning techniques as appropriate). 2) Any proposed alteration of riparian areas found along designated United States Geological Survey blue -line streams and major drainage courses will be subject to the U.S. Army Corps of Engineers permitting process under Section 404 of the Federal Clean Water Act. Alteration of USGS - designated blue -line stream channels is also subject to permitting by the California Department of Fish and Game under Section 1601 -1603 of the California Fish and Game Code and the CEQA Guidelines. The City shall comply with 1601 -1603 and Section 404 procedures in the project review and approval process. In addition to the above mitigation measures, following publication of the Draft EIR, the City Council reduced the scale of the project (refer to Final EIR for revised project description) which, in turn, substantially reduced but did not eliminate the potential for biological resource impacts related to loss of plant and wildlife habitat. Following is an explanation of why other project alternatives analyzed in the Draft EIR are not considered feasible: No Project Alternative - This alternative is not considered viable for City adoption since it would prevent the City from responding appropriately to regional growth pressures, would restrict the City's ability to provide its share of the regional housing needs, and would restrict employment opportunities. Alternative 1 - This alternative assumes buildout of the incorporated area under the existing City General Plan and buildout of the unincorporated planning area under the existing County General Plan. Land Use conversion impacts would be limited with this alternative, since County General Plan designations for the unincorporated area consist almost entirely of Open Space and Agricultural designations. However, Alternative 1 is viewed as slightly inferior to the project from an environmental standpoint, because the public safety aspects of an improved circulation and improved traffic flow would be realized only with development of the project. 15 Alternative 2 - This alternative provides a land use plan with a slightly lower intensity development scenario than the project (15,122 dwelling units at buildout versus 16,291 for the revised project). All associated impacts for the project are anticipated to be the same with this alternative, including loss of wildlife habitat. Alternative 2 does not achieve the level of employment opportunities as the project. Alternative 3 - This alternative assumes significantly higher intensity land use designations in the land use plan than the project and would result in higher impacts in all environmental categories compared to the project. Alternative 4 - This alternative assumes no change to the unincorporated planning area from the existing Ventura County General Plan land use designations, but retains the proposed project land use plan for the incorporated City area. Impacts to biological resources would not be expected to be significantly reduced by this alternative in comparison to the revised project. No open space area outside the existing City limits would be affected by Alternative 4; however, this alternative would allow more open space land within the existing City limits to be developed. The Statement of Overriding Considerations includes further statements of specific economic, social, and other considerations which support adoption of the subject project instead of the identified alternatives to the project. PUBLIC SERVICES Education Facilities 1. Effect: Buildout of the Land Use Plan will generate approximately 13,776 total students and will necessitate the construction of additional schools and the expansion of existing facilities at all grade levels. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 16 Rationale: The EIR indicates that this effect is mitigated to a level of insignificance by the following mitigation measures: 1) Prior to approval of specific plans or development proposals, the City shall ensure that adequate provisions for school facilities are provided. The City shall consider requiring dedication of land and /or improvements by project applicants and alternative funding mechanisms, such as implementing Community Facilities Districts to provide school facilities. 2) Specific Plan applicants shall be required to dedicate a school site or sites if determined necessary by the School District and the City Council at the time of specific plan preparation. Buildout of the revised land use plan is expected to generate approximately 11,404 students in comparison to the 13,776 estimated for the land use plan analyzed in the Draft EIR. Solid Waste 1. Effect: Buildout of the Land Use Element is estimated to generate approximately 112 tons of solid waste per day. This exceeds the County's threshold criteria of 50 tons per day and is considered a significant adverse impact. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR indicates that this effect is mitigated to a level of insignificance by the following mitigation measure: 1) The City shall implement a waste reduction program to achieve the solid waste diversion requirements of AB 939. This program shall consist of drop -off, source or co- mingled recycling programs, composting programs, and cardboard recycling for industrial and commercial uses or any other waste diversion program consistent with the County's adopted guidelines. In 1991, the City adopted a Source Reduction and Recycling Element which identifies how the City will implement a waste reduction program consistent with AB 939. The revised project has reduced the amount of solid waste estimated to be generated from 112 tons to approximately 103 tons per day. 17 Wastewater 1. Effect: Project buildout (year 2010) will generate approximately 5.4 million gallons of wastewater per day which exceeds the planned 4.5 million gallons per day capacity for the Moorpark Wastewater Treatment Plant for the year 2010. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies that this effect is mitigated to a level of insignificance based on the following mitigation measures: 1) Prior to approving a development project, the City shall consult with the County of Ventura Waterworks District No. 1 to ensure that discharge limits for biochemical oxygen demand and suspended solids will not be exceeded as a result of project approval. 2) The City shall require any developer to pay for any wastewater improvements required to prevent significant adverse impacts on the existing wastewater treatment system. The revised project would reduce the amount of wastewater produced to approximately 4.7 million gallons per day. Since the capacity of the treatment plant for the year 2010 is currently planned to be 4.5 million gallons per day, the City could either restrict the allowable density for residential development on a project -by- project basis to ensure that the treatment plant capacity is not exceeded, or require developers to pay for wastewater improvements needed to prevent significant adverse impacts on the wastewater treatment system. Water 1. Effect: Buildout of the Land Use Plan will generate a demand for approximately 11 million gallons per day of water usage ( 204 gallons per day per capita) and would be considered a significant impact if the water supply did not meet the anticipated demand. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies that this effect will be mitigated to a level of insignificance based on the following mitigation measures: 1) All new development shall incorporate plumbing fixtures to reduce water usage and loss (i.e., low - volume toilet tanks, flow control devices for faucets, etc.) into project design in accordance with Title 24 of the California Administrative Code. 2) Drought - tolerant plants shall be incorporated into project design whenever possible, and landscaping irrigation systems shall be controlled automatically to ensure watering during early morning and evening hours to reduce evaporation losses. 3) The City shall aid Ventura County Waterworks District No. 1 in implementing its master plan within the City. 4) The City shall require developers to pay for any water improvements required to prevent significant adverse impacts on the existing system. Since publication of the Draft EIR, the proposed land use plan for the City was revised. The revised project has reduced the demand for water from approximately 11 million gallons per day to 9.1 million gallons of water a day by the year 2010. Police 1. Effect: The need for additional officers and facilities will occur as development increases in the planning area. Buildout of the Land Use Plan will result in a need of 54 officers to maintain the optimal one officer per 1,000 population ratio. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies that this effect will be mitigated to a level of insignificance based on the following mitigation measures: 1) Security and design measures which employ defensible space concepts shall be utilized to the maximum extent possible during the formulation of detailed development plans. Such measures involve the design and placement of doors, windows, security landscaping, public access ways, bike trails, parks, open spaces, utility /maintenance roads, lighting, and parking areas and structures. The Police Department shall review all plans and provide recommendations for conditions of approval. 2) The City shall impose a mitigation fee on development projects or require private security service protection if determined necessary to maintain adequate police service for the City. 3) The City shall periodically evaluate the level of police service being provided in relationship to delivery and cost of service to determine how service will be provided, at what 19 Fire 1. cost, how service will be funded, and what alternatives are available to the City in providing service. 4) The City shall strive to maintain a current police officer to population level of service of 0.77 per 1,000 and increase service as feasible toward the population ratio of 1 officer per 1,000 persons. The revised project has reduced the need for additional police officers to approximately 34 to maintain a level of service of 0.77 for every 1,000 persons residing in the City (approximately 45 police officers would be required to provide a level of service of one officer for every 1,000 persons). Effect: Buildout of the Updated Land Use Plan will increase the urban area of the City and increase service demands for fire protection services. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies that this effect will be mitigated to a level of insignificance based on the following mitigation measures: 1) Prior to issuance of a building permit, the Fire Department shall ensure that each project meets its standard requirements for fire hydrants, water mains, fire flow, access and design, and that development has been built in accordance with fire hazard standards. 2) The City shall periodically evaluate the level of fire protection service being provided in relationship to delivery and cost of service to determine how service will be provided at what cost, how service will be funded, and what alternatives are available to the City in providing service. PARKS AND RECREATION 1. Effect: The population associated with buildout of the General Plan will create a demand for additional parkland. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 20 Rationale: The EIR identifies that this effect will be mitigated to a level of insignificance based on the following mitigation measures: 1) City park land acquisition and development shall be accomplished in part through development agreements and utilization of the Quimby Act Ordinance to provide for parkland dedication in accordance with City standards. 2) All specific plans shall include, as a minimum, local park land calculated consistent with the City's Quimby Act Ordinance. CULTURAL RESOURCES 1. Effect: Buildout of the General Plan could result in significant impacts to archaeological and historical resources. Findings: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Rationale: The EIR identifies that this effect will be mitigated to a level of insignificance based on the following mitigation measures: 1) The City shall require a cultural resources reconnaissance investigation and records search for individual development proposals, in accordance with CEQA requirements, if there is any potential that such resources may be located on the project site. Where potentially significant adverse impacts are identified, the City shall require appropriate mitigation measures as defined by Appendix K of the CEQA Guidelines. 2) The City shall implement policies of the Land use Element regarding the preservation of important cultural resources on an ongoing basis. 21 E%HIBIT B TO RESOLITrION NO. 92 -855 CITY OF MOORPARK STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE MOORPARK GENERAL PLAN LAND USE AND CIRCULATION ELEMENT UPDATE AND SPHERE OF INFLUENCE EXPANSION STUDY The following information is presented to comply with Section 15093 of the State California Environmental Quality Act (CEQA) Guidelines. Reference is made to the Final EIR for the Moorpark General Plan Land Use and Circulation Element Update and Sphere of Influence Expansion Study, and the Findings that precede this Statement, which are the basic sources for the information identified below. Section 15093(b) of the CEQA Guidelines requires: Where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the Final EIR and /or other information in the record. This statement may be necessary if the agency also makes a finding under Section 15091(a)(2) or (a)(3). Based on the Final EIR for the Moorpark General Plan Land Use and Circulation Element Update and Sphere of Influence Expansion Study, a finding under Section 15091(a)(3) was made for the following significant environmental effects: 1) Land Use - conversion of existing non - urbanized land and rural uses to urbanizing uses; 2) Air Quality - long -term air contaminant emissions in the project area will occur from both stationary and mobile emission sources; 3) Acoustic - long -term acoustic impacts related to Land Use Plan buildout will occur due to increased vehicular traffic on area roadways; 4) Aesthetics - urbanization associated with buildout of the Land Use Plan and the subsequent loss of significant amounts of open land; and 5) Biological Resources - plant and wildlife habitats will be removed or altered as a result of construction and urban development. Overriding considerations that support approval of the Moorpark General Plan Land Use and Circulation Element Update and certification of the Final EIR are as follows: The updated Circulation Element provides for the public safety aspects of an improved circulation system and improved traffic flow; The updated Land Use Element allows the City to respond to regional growth pressures and provide its share of regional housing needs; The updated Land Use Element encourages affordable housing by providing the opportunity for a density bonus greater than the 25 percent mandated by the State Density Bonus Law (Section 65915 et sect. of the California Government Code); The updated Land Use Element encourages the protection of environmentally sensitive habitat, agricultural land, and hillsides by allowing the opportunity for clustering of residential dwelling units; The updated Land Use Element promotes revitalization of the downtown commercial area of the City by providing additional opportunity for housing development in the immediate vicinity of the downtown area; and The updated Land Use Element provides for additional employment opportunities. The project benefits, as identified above, significantly offset the environmental effects of the Moorpark General Plan Land Use and Circulation Element Update. 2 EXHIBIT C TO RESOLUTION NO. 92 -855 MOORPARK GENERAL PLAN LAND USE AND CIRCULATION ELEMENT UPDATE AND SPHERE OF INFLUENCE EXPANSION STUDY (GPA -89 -1) MITIGATION MONITORING PROGRAM FOR FINAL ENVIRONMENTAL IMPACT REPORT The State Office of Planning and Research (OPR) General Plan Guidelines clarify that when a general plan is enacted based upon an EIR, the local agency must also adopt a reporting or monitoring program to ensure compliance with adopted mitigation measures. Monitoring of mitigation measures for this General Plan update will be accomplished as follows: 1) By incorporating this mitigation monitoring program into the yearly "state of the plan" report prepared for the City Council pursuant to State law - Section 65400(b) of the California Government Code; 2) by incorporating applicable mitigation measures into the Land Use and Circulation Elements' implementation programs; 3) by reviewing entitlement applications for consistency with the General Plan prior to determining an application complete; and 4) by incorporating applicable mitigation measures into a standard list of development project conditions which will be adopted by the City Council. The following mitigation measures represent the final adopted mitigation measures for General Plan Update GPA -89 -1. The monitoring discussion follows each individual mitigation measure and identifies the responsible City department. Land Use 1. Mitigation: The City shall implement the policies and programs of the Land Use Element Update on an ongoing basis to require that specific plans provide a minimum of 25 percent open space acreage, to restrict grading on slopes of 20 percent or greater, and to ensure that viable "Prime" and "Statewide Significance" farmlands are preserved. Monitoring: The Community Development Department is responsible for ensuring compliance with this mitigation measure through: Review of entitlement requests for consistency with the Land Use Element specific plan goals, policies, and requirements (Appendix A of Land Use Element); through coordination with the County of Ventura Resources Management Agency in regard to updating and identifying areas 1 of viable "Prime" and "Statewide Significance" agricultural land; and through preparation of a hillside development ordinance, which shall be adopted prior to approval of any zone change or entitlement permit for a property which contains slopes of 20 percent or greater. 2. Mitigation: The City shall participate in the Countywide Planning Program (CPP) to be consistent with growth and non- growth area boundaries and population forecasts. Monitoring: The Community Development Department shall be responsible for participating in any County update of the growth and non - growth area boundaries and population forecasts, and shall provide any requested City population information relative to the City's adopted General Plan. 3. Mitigation: The City shall adopt policies and mechanisms to monitor growth in order to ensure consistency with the county updated population forecasts for the designated growth and non - growth areas of Moorpark. Monitoring: The Community Development Department shall be responsible for reviewing consistency with the County population forecasts for the designated growth and non - growth areas of Moorpark. The City's existing growth control ordinance shall be amended or a new growth control ordinance shall be adopted to maintain consistency. 4. Mitigation: The City shall update and revise other elements of the General Plan after adopting the Land Use Element and Circulation Element updates to ensure consistency with these two elements as recommended in the implementation section of the Land Use Element and identified below. Noise Element Revise noise contours and identify future areas of noise sensitivity based on updated circulation data and proposed circulation improvements. Open Space, Conservation, and Recreation (OSCAR) Element Update locations of open space areas and park locations to reflect updated land use plan. Revise policies and element text to include language which restricts development on slopes of twenty percent or greater. Revise park acreage required at buildout to reflect Updated Land Use Plan buildout projections. 2 Housing Element Update Housing Element to include policies and standards for providing affordable housing consistent with the density bonus provision of the Land Use Element and State law. Safety Element - Update identification of potential hazard areas within the City (floodway, fire, landslide, etc.) based on current conditions. Monitoring: The Community Development Department shall be responsible for completing revisions of the above listed General Plan Elements within approximately one year after approval of revised Land Use and Circulation Elements. Estimated time frames for updating the Noise, OSCAR, Housing, and Safety Elements are as follows: Noise Element - Complete by OSCAR Element - Complete by Housing Element - Complete by Safety Element - Complete in Plan No. 8 Transportation /Circulation December 1992 June 1993 June 1993 conjunction preparation with Specific 5. Mitigation: The City shall adopt roadway design standards and transportation system design criteria as recommended in the Circulation Element and require that all new facilities be implemented in conformance with those standards. Monitoring: Circulation Element Implementation Measure No. 4 requires the City Engineer's Office to prepare and maintain a circulation facility design manual. This manual shall be completed within two years following approval of the revised Circulation Element. 6. Mitigation: The City shall adopt a transportation improvement fee program which will enable needed circulation improvements to be funded by new development and, in conjunction with the City's capital improvement program, will determine estimated dates for construction. A phasing /improvement plan shall be included that identifies project specific improvement responsibilities and requires fair share funding for cumulative circulation improvements. Roadway improvement requirements related to specific project impacts shall be constructed or funded by the individual project applicant. Project applicants shall also be required to participate in the fair share funding program. 3 Monitoring: Circulation Element Implementation Measure No. 8 requires the City Council to adopt a transportation improvement fee program. The Public Works Department will be responsible for ensuring that this fee program is developed and presented to the City Council for adoption. During the interim, projects will be conditioned to comply with the fee program as adopted. 7. Mitigation: The City shall develop a program to monitor traffic volumes and levels of service on Moorpark roadways to facilitate the maintenance of the minimum level of service "C" as a system performance standard for traffic volumes on the roadway system. Monitoring: The Public Works Department will be responsible for ensuring that this program is developed within two years after adoption of revised Land Use and Circulation Elements and subsequently shall prepare an annual report to the City Council which identifies traffic volumes and levels of service on Moorpark roadways. 8. Mitigation: The following Circulation Element modifications, including roadway additions, upgrades, downgrades, and deletions, shall be implemented as development occurs to accommodate the General Plan Land Use Element. (The circulation system modifications listed on the following pages are based on changes required to the Circulation Element adopted by the City in November 1983.) 4 CIRCULATION SYSTEM MODIFICATIONS ADDITIONS PROPOSED MODIFICATION Broadway Road (SR -23 Bypass Arterial Add as rural collector. to SR -118 Freeway) "C" Street (Grimes Canyon Road to Add as two -lane collector. SR -23 Bypass Arterial) Campus Park Drive (west of Princeton Add as two -lane collector as Avenue) currently constructed. Casey Road (Gabbert Road to Walnut Add as two -lane collector. Canyon Road) Christian Barrett Drive (Peach Hill Add as two -lane collector as Road to Spring Road) currently constructed. Collins Drive (Campus Park Drive to Add as four -lane arterial. Hearon Drive) Collins Drive ( Hearon Drive to Add as three -lane collector as Campus Road) currently constructed. "D" Street (Princeton Avenue to SR- Add as two -lane collector. 23 Bypass Arterial) Hearon Drive (Collins Drive to Add as two -lane collector as Borges Drive) currently constructed. Park Lane (Los Angeles Avenue to Add as four -lane arterial. approximately 100 feet north of Los Angeles Avenue) Park Lane (From approximately 100 Add as two -lane collector as feet north of Los Angeles Avenue to currently constructed. Lassen Avenue) Peach Hill Road (Tierra Rejada Road Add as two -lane collector as to Spring Road) currently constructed. Peach Hill Road (Spring Road to Add as two -lane collector. Science Drive) Planned Community No. 3 - local Add as two -lane collectors as collectors as follows: Countrywood currently constructed. Drive, Mountain Meadow Drive, Mountain Trail Street (from Mountain Meadow Drive to Countrywood Drive), and Walnut Creek Road) Planned Community No. 3 - four -lane Add as four -lane arterial as arterial as follows: Mountain Trail currently constructed. Street (Tierra Rejada Road to Mountain Meadow Drive) Poindexter Avenue (Gabbert Road to Add as two -lane collector as Moorpark Avenue) currently constructed. 5 Science Drive (New Los Angeles Avenue to 1/4 -mile south of New Los Angeles Avenue) Science Drive (1/4 -mile south of New Los Angeles Avenue to Tierra Rejada Road) Spring Road (High Street to SR -23 Bypass Arterial) SR -118 Bypass Arterial ( Gabbert Road to west of Princeton Avenue) SR -118 Bypass Arterial (Los Angeles Avenue west of Butter Creek Road to Gabbert Road) SR -23 Bypass Arterial (SR -23 Freeway to Walnut Canyon Road) UPGRADES Gabbert Road (Poindexter Avenue to SR -118 Bypass arterial) DOWNGRADES Los Angeles Avenue (Spring Road to Princeton Avenue) Poindexter Avenue ( Gabbert Road to east of Sierra Avenue) Spring Road (Peach Hill Road to approximately 100 feet south of Arroyo Simi Bridge) DELETIONS College View Avenue (SR -118 Freeway to Campus Park Drive) Gisler Avenue (Los Angeles Avenue to Poindexter Avenue) Los Angeles Avenue (Princeton Avenue to College View Avenue) New Los Angeles Avenue (SR -23 Freeway to Collins Drive) Spring Road (High Street to Walnut Canyon Road) 0 Add as four -lane arterial. Add as two -lane collector consistent with Carlsberg Specific Plan. Add as rural collector. Add as six -lane arterial, grade separated at Walnut Canyon Road and across the SR -23 /SR -118 direct connector Add as four -lane arterial. Add as four -lane arterial. PROPOSED MODIFICATION Upgrade from two -lane roadway to a four -lane arterial. PROPOSED MODIFICATION Downgrade from four -lane arterial to rural collector. Downgrade from four -lane arterial to two -lane collector as currently constructed. Downgrade from four -lane arterial to two -lane collector as currently constructed. PROPOSED MODIFICATION Remove from circulation plan. Remove from circulation plan. Remove from circulation plan. Remove from circulation plan. Remove from circulation plan (now shown as SR -23 Bypass Arterial under Circulation System Additions). Monitoring: Mitigation Measure No. 6 (and Circulation Element Implementation Measure No. 8) requires adoption of a transportation improvement fee program. Once that program is adopted, the Community Development Department and the City Engineer's Office shall review development project applications to determine whether any of the above identified roadway additions and upgrades must be constructed or funded by the individual project applicant, consistent with the adopted fee program. The transportation improvement fee program will also identify projects to be included in the City's Capital Improvement Program. Air Ouality 9. Mitigation: During clearing, grading, earth moving or excavation operations, fugitive dust emissions should be controlled by regular watering, paving construction roads and other dust prevention measures. The applicant shall submit a fugitive dust control plan, acceptable to the City, concurrently with submittal of the mass (as opposed to the precise) grading plan. Monitoring: The Community Development Department will include a condition of approval similar to this mitigation measure in a standard list of development project conditions for adoption by the City Council. 10. Mitigation: During smog season (May- October) the City shall order that construction cease during Stage III smog alerts to minimize the number of vehicles and equipment operating, lower ozone levels, and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II smog alerts. Monitoring: The Community Development Department will include a condition which requires that construction cease during State III smog alerts in a standard list of development project conditions for adoption by the City Council. 11. Mitigation: Employers of 50 or more employees shall implement programs such as flex -time, staggered work hours and /or compressed work weeks. Monitoring: The Community Development Department will include a condition of approval requiring compliance with County of Ventura Air Pollution Control District (APCD) Rule 210 on a standard list of development project conditions for adoption by the City Council. 7 12. Mitigation: Employers of 50 or more and home builders of projects of 50 or more units shall provide employees and new homeowners information on Commuter Computer to encourage ridesharing. Monitoring: The Community Development Department will include a condition requiring compliance with this mitigation measure in a standard list of development project conditions for adoption by the City Council. 13. Mitigation: All employers of 100 or more shall develop a parking management program acceptable to County of Ventura APCD and the City prior to occupancy approval. The plan may include preferential carpool, vanpool parking, and other ridesharing incentives. Monitoring: The Community Development Department will include a condition of approval requiring compliance with this mitigation measure in a standard list of development project conditions for adoption by the City Council. 14. Mitigation: The City shall adopt policies and mechanisms to monitor growth in order to ensure consistency with the Countywide Planning Program (CPP) population forecasts for the designated growth and non - growth areas of Moorpark. Monitoring: The Community Development Department shall be responsible for reviewing consistency with the County population forecasts for the designated growth and non - growth areas of Moorpark. The City's existing growth control ordinance shall be amended or a new growth control ordinance shall be adopted to maintain consistency. 15. Mitigation: If a development project will have a significant impact on air quality after all other feasible mitigation measures have been applied, all such projects shall fully mitigate the excess ROC and Nox emissions via a one -time contribution to the City's Transportation Systems Management Fund for a three -year period to pay for projects or programs designed to reduce emissions in the local airshed. Use of a transportation demand management buydown program is in accordance with the Ventura County Air Quality Management Plan, adopted July 26, 1988. Monitoring: The Community Development Department will be responsible for ensuring that a City Transportation Systems Management Buydown Program is developed. Also, the Community Development Department shall forward a recommendation to the decision - making body that a condition be imposed requiring participation in this program for projects which will have a significant impact on air quality after all other feasible mitigation measures have been applied. Acoustic Environment 16. Mitigation: The City shall implement the policies contained in the Noise Element of the General Plan relative to appropriate site planning, design, and City review of proposed projects to ensure the continued compatibility between Moorpark's noise - sensitive land uses and noise levels in the City. The City shall adopt and enforce a community noise ordinance. Monitoring: The Community Development Department shall be responsible for including appropriate Noise Element policies in a standard list of development project conditions for adoption by the City Council. The Community Development Department shall prepare a community noise ordinance within one year after adoption of the revised Land Use and Circulation Elements. 17. Mitigation: Dwelling units or other sensitive land uses shall be located in areas outside of existing or projected 65 CNEL contour lines as shown in the Noise Element or appropriate acoustical analysis and mitigation shall be provided in conjunction with development projects. Monitoring: The Community Development Department shall review development projects to determine the potential for noise impacts and shall require appropriate acoustical analysis, including recommended mitigation measures, for projects which have the potential for resulting in significant noise impacts. 18. Mitigation: Specify time limits for construction activities in a City noise ordinance. Truck noise from construction hauling operations shall be minimized through establishing hauling routes which avoid residential areas. The hauling plan must be approved by the Community Development Department. Monitoring: In April 1992, the City adopted Ordinance No. 149 which prohibits construction activity within the City after 7:00 p.m. and before 7:00 a.m, Monday through Saturday, with no construction activity generally permitted on Sundays. The Community Development Department will include a condition requiring compliance with construction activity time restrictions in a standard list of development project conditions for adoption by the City Council. The Community Development Department shall review development projects to determine whether a construction hauling plan should be recommended as a condition of approval. : ► re FIT01 ... 19. Mitigation: Projects proposed within a FEMA- designated 100 -year flood zone shall be evaluated for consistency with the Flood Damage Prevention Chapter of the Moorpark Municipal Code. Monitoring: The Community Development Department and the City Engineer's Office shall be responsible for ensuring compliance with this mitigation measure in conjunction with entitlement application completeness review. 20. Mitigation: The City shall require the submittal of information prepared by a qualified civil or hydrological engineer which certifies compliance with development standards established for 100 -year flood zones on a project - by- project basis. Monitoring: The Community Development Department and the City Engineer's Office shall be responsible for ensuring compliance with this mitigation measure in conjunction with entitlement application completeness review. 21. Mitigation: The City shall require a minimum of 25 percent open space in any future specific plan area to minimize impermeable surfaces throughout the City. Monitoring: The Community Development Department shall review draft specific plans to determine consistency with Appendix A of the Land Use Element, which contains a requirement for a minimum of 25 percent open space. 22. Mitigation: The City shall require the incorporation of adequate erosion control measures into development projects that may otherwise adversely impact water resources. Such measures shall include sandbagging of newly graded slopes, prompt planting of disturbed areas, phasing of grading and construction activities to minimize exposed areas susceptible to erosion and the routing of runoff flows through desilting basins prior to discharge into any watercourse. Such provisions shall be included in a grading ordinance. Monitoring: The City Engineer's Office in conjunction with the Department of Community Development shall be responsible for preparing a grading ordinance which is consistent with the intent of this mitigation measure. This grading ordinance shall be prepared within two years following adoption of revised Land Use and Circulation Elements. Erosion control requirements shall also be included in a standard list of development project conditions for adoption by the City Council. 10 23. Mitigation: The City shall require periodic street sweeping in all areas of new development to minimize the urban pollutant load which enters the City's drainage system. Monitoring: The Community Development Department shall include this mitigation measure in a standard list of development project conditions for adoption by the City Council. 24. Mitigation: The City shall implement the recommendations of the March 1987 Central City Drainage Study. Individual projects which could impact existing drainage facilities shall be evaluated by the Ventura County Flood Control District to determine if additional drainage can be accommodated. Monitoring: The Public Works Department and the City Engineer's Office shall be responsible for implementation of the March 1987 Central City Drainage Study. Implementation shall be accomplished by requiring new development to improve drainage facilities as necessary to accommodate additional drainage and by including any necessary drainage improvement projects in the City's capital improvement program. Soils 25. Mitigation: A comprehensive soils and geotechnical investigation shall be performed for each individual building site to develop preliminary soils engineering and design data to be reviewed and approved by the City. Monitoring: The City Engineer's Office shall require preliminary soils and geotechnical information to be provided prior to approval of a grading permit for a development, and shall require submittal of a comprehensive soils and geotechnical investigation for each individual building site prior to building permit pad certification. 26. Mitigation: The City shall implement the policies and programs of the Land Use Element Update on an ongoing basis to ensure that viable Prime and Statewide Significance farmlands are preserved. Monitoring: The Community Development Department shall review each entitlement application to determine compliance with the Land Use Element's goals, policies, and implementation measures pertaining to preservation of farmlands. 11 27. Mitigation: All structures will be developed in accordance with the seismic design provisions of the Uniform Building Code and monitored by the City during the plan check process. Monitoring: The Building and Safety Office will ensure compliance with this mitigation measure prior to approval of a building permit. 28. Mitigation: In areas of high seismic potential, the applicant shall submit a seismic evaluation with applications. Monitoring: The Community Development Department and City Engineer's Office shall review entitlement applications and determine the need for a seismic study /geotechnical evaluation prior to determining an application complete. Socioeconomics 29. Mitigation: The goals and policies of the Housing Element and the revised Land Use Element which encourage development of affordable housing units shall be implemented on an ongoing basis. Monitoring: The Community Development Department shall review all entitlement requests to ensure consistency with the General Plan Housing and Land Use Elements. The Community Development Department shall annually report to the City Council on the status of the General Plan and progress in its implementation. The California Government Code requires the annual report to describe the locality's progress in meeting its share of regional housing needs. Aesthetics 30. Mitigation: The City shall implement the goals, policies and programs in the Land Use Element Update on an ongoing basis regarding hillside preservation, restricting grading on slopes over twenty percent, establishing land use patterns which are compatible with scenic and natural resources, and promotion of revitalization of the visually degraded areas of the community. Monitoring: The Community Development Department shall prepare a hillside development ordinance which protects viewsheds and restricts grading on slopes of 20 percent or greater. That ordinance shall be adopted within one year of approval of the updated Land Use Element and prior to approving any zone change for a property which contains slopes of 20 percent or greater. 12 The Community Development Department shall also review development project applications to determine whether proposed projects are compatible with scenic and natural resources prior to determining an application complete. The City has an adopted redevelopment plan for the older, downtown area of the City. The Community Development Department will report on the status of compliance with this mitigation measure in conjunction with the General Plan Annual Report. In compliance with Land Use Implementation Measure No. 22, the Community Development Department will be responsible for preparation of a specific plan or similar action plan for the downtown study area. That plan is intended to promote the revitalization of the downtown commercial core and shall be prepared within two years following adoption of the revised Land Use and Circulation Elements. 31. Mitigation: The City shall employ a mechanism such as a hillside development ordinance or viewshed preservation criteria in order to protect visually prominent horizon lines and other scenic viewsheds in the community within one year of adopting the updated Land Use Element. Monitoring: The Community Development Department with assistance from the City Engineer's Office shall prepare a hillside development ordinance. That ordinance shall be adopted within one year of approval of the updated Land Use Element and prior to approving any zone change for a property which contains slopes of 20 percent or greater. 32. Mitigation: The City shall implement the redevelopment plan, which will restore and revitalize blighted areas within the City. Monitoring: The City has an adopted redevelopment plan for the older, downtown area of the City. The Community Development Department will report on the status of compliance with this mitigation measure in conjunction with the General Plan Annual Report. Biological Resources 33. mitigation: The City shall adhere to and implement the policies of the updated Land Use Element to ensure the protection of sensitive biological resources. Each individual development proposal shall be required to include complete environmental documentation pursuant to CEQA to ensure that potential site specific impacts upon sensitive biological resources are identified and that adequate 13 mitigation measures are provided (i.e., selective preservation, replanting, and /or sensitive site planning techniques as appropriate). Monitoring: The Community Development Department shall require that any appropriate biological study be submitted prior to determining an entitlement application complete. 34. Mitigation: Any proposed alteration of riparian areas found along designated United States Geological Survey blue -line streams and major drainage courses will be subject to the U.S. Army Corps of Engineers permitting process under Section 404 of the Federal Clean Water Act. Alteration of USGS- designated blue -line stream channels is also subject to permitting by the California Department of Fish and Game under Section 1601 -1603 of the California Fish and Game Code and the CEQA Guidelines. The City shall comply with 1601- 1603 and Section 404 procedures in the project review and approval process. Monitoring: The Community Development Department will review entitlement applications to determine whether projects are subject to Section 404 of the Clean Water Act and /or Sections 1601 -1603 of the California Fish and Game Code in conjunction with making an environmental determination for a project. If the referenced sections are applicable to a project, a mitigation measure requiring compliance shall be imposed as a condition of approval for the project. Education Facilities 35. Mitigation: Prior to approval of specific plans or development proposals, the City shall ensure that adequate provisions for school facilities are provided. The City shall consider requiring dedication of land and /or improvements by project applicants and alternative funding mechanisms, such as implementing Community Facilities Districts to provide school facilities. Monitoring: The Community Development Department will solicit the School District's review of entitlement applications, including specific plans and development projects, to obtain recommendations regarding the appropriate location for schools and the need for dedication of land, improvements by project applicants, and alternative funding mechanisms, and shall forward these recommendations to the City Council. 36. Mitigation: Specific Plan applicants shall be required to dedicate a school site or sites if determined necessary by the School District and the City Council at the time of specific plan preparation. 14 Monitoring: The Community Development Department shall ensure that the School District is involved in the preparation stage of specific plans to obtain recommendations regarding the need for, and the appropriate location of, schools within specific plan areas. The Community Development Department shall forward the School District's recommendations to the City Council. Solid Waste Management 37. Mitigation: The City shall implement a waste reduction program to achieve the solid waste diversion requirements of AB 939. This program shall consist of drop -off, source or co- mingled recycling programs, composting programs, and cardboard recycling for industrial and commercial uses or any other waste diversion program consistent with the County's adopted guidelines. Monitoring: In 1991, the City adopted a Source Reduction and Recycling Element consistent with AB 939. The status of implementation of that Element shall be addressed in the General Plan Annual Report. Natural Gas 38. Mitigation: The City shall require that energy conserving systems and design features be incorporated into development projects. Monitoring: The Community Development Department shall include a condition(s) requiring specific energy conserving systems and design features in a list of standard development project conditions for adoption by the City Council. 39. Mitigation: All new development shall comply with standards contained in Title 24 of the California Administrative Code. Monitoring: The Building and Safety Office shall be responsible for reviewing building permit applications to ensure compliance with Title 24 of the California Administrative Code. Wastewater 40. Mitigation: Prior to approving a development project, the City shall consult with the County of Ventura Waterworks District No. 1 to ensure that discharge limits for biochemical oxygen demand and suspended solids will not be exceeded as a result of project approval. 15 Monitoring: The Community Development Department shall be responsible for consulting with Waterworks District No. 1 during application completeness review and providing the District's recommendations to the decision - making body. 41. Mitigation: The City shall require any developer to pay for any wastewater improvements required to prevent significant adverse impacts on the existing wastewater treatment system. Monitoring: The Community Development Department shall be responsible for consulting with Waterworks District No. 1 during application completeness review, and for including any condition(s) recommended by the District to mitigate any potential significant adverse impacts on the existing wastewater treatment system. Water 42. Mitigation: All new development should incorporate plumbing fixtures to reduce water usage and loss (i.e., low- volume toilet tanks, flow control devices for faucets, etc.) into project design in accordance with Title 24 of the California Administrative Code. Monitoring: The Building and Safety Office shall be responsible for reviewing building permit applications to ensure compliance with Title 24 of the California Administrative Code as well as compliance with the City's Low Water Consumption Fixtures and Devices Ordinance No. 132. 43. Mitigation: Drought - tolerant plants shall be incorporated into project design whenever possible, and landscaping irrigation systems shall be controlled automatically to ensure watering during early morning and evening hours to reduce evaporation losses. Monitoring: State law requires the City to adopt a Water Efficient Landscape Ordinance by January 1, 1993. If no action is taken, the State Model Water Efficient Landscape Ordinance will automatically go into effect on that date. Compliance with the above mitigation measure will be ensured by the State mandated ordinance. The Community Development Department shall include the requirement for compliance with the Water Efficient Landscape Ordinance in a standard list of development project conditions for adoption by the City Council. 44. Mitigation: The City shall aid Ventura County Waterworks District No. 1 in implementing its master plan within the City. 16 Monitoring: The Community Development Department shall involve Waterworks District No. 1 in the entitlement application review process, shall include any condition recommended by the District in the draft conditions presented to the decision - making body for approval, and shall forward the District a copy of the General Plan Annual Status Report. 45. Mitigation: The City shall require any developer to pay for any water improvements required to prevent significant adverse impacts on the existing system. Monitoring: The Community Development Department shall involve Waterworks District No. 1 in the entitlement application review process and shall include any condition recommended by the District in the conditions presented to the decision - making body for approval. Police 46. Mitigation: Security and design measures which employ defensible space concepts shall be utilized to the maximum extent possible during the formulation of detailed development plans. Such measures involve the design and placement of doors, windows, security landscape, public access ways, bike trails, parks, open spaces, utility /maintenance roads, lighting, and parking areas and structures. The police department shall review all plans and provide recommendations for conditions of approval. Monitoring: The Community Development Department will include a condition similar to this mitigation measure in a standard list of development project conditions for adoption by the City Council. 47. Mitigation: The City shall impose a mitigation fee on development projects or require private security service protection if determined necessary to maintain adequate police service for the City. Monitoring: The Community Development Department will include a condition similar to this mitigation measure in a standard list of development project conditions for adoption by the City Council. 48. Mitigation: The City shall periodically evaluate the level of police service being provided in relationship to delivery and cost of service to determine how service will be provided, at what cost, how service will be funded, and what alternatives are available to the City in providing service. 17 Monitoring: The City Manager's Office evaluates the level of police service, costs, funding, etc., on a yearly basis in conjunction with development of the budget. 49. Mitigation: The City shall strive to maintain a current level of service of 0.77 officer per 1,000 population and increase service as feasible toward the 1 officer per 1,000 population standard. Monitoring: The City Manager's Office evaluates the level of police service on a yearly basis in conjunction with development of the budget and provides recommendations to the City Council. Fire 50. Mitigation: Prior to issuance of building permits, the Fire Department shall ensure that each project meets its standard requirements for fire hydrants, water mains, fire flow, access and design, and that development has been built in accordance with fire hazard standards. Monitoring: The Community Development Department shall ensure that the Fire Department reviews the full set of building permit plans prior to issuance of a Zoning Clearance for a building permit application. 51. Mitigation: The City shall periodically evaluate the level of fire protection service being provided in relationship to delivery and cost of service to determine how service will be provided at what cost, how service will be funded, and what alternatives are available to the City in providing service. Monitoring: The City Manager's Office shall be responsible for evaluating the level of fire protection service, costs, funding, etc., and shall review any request by the County of Ventura Fire Protection District to increase the fire protection facility fee levied on all new construction. (Fire protection services are funded through a County fire protection district.) Parks and Recreation 52. Mitigation: City park land acquisition and development shall be accomplished in part through development agreements and utilization of the Quimby Act Ordinance to provide for parkland dedication in accordance with City standards. Monitoring: The City already has a Quimby Act Ordinance which requires park land dedication for residential development projects. The Community Development Department shall include the requirement for compliance with this ordinance in a standard list of development project conditions for adoption by the City Council. 53. Mitigation: All specific plans shall include, as a minimum, local park land calculated consistent with the City's Quimby Act Ordinance. Monitoring: The City has a Quimby Act Ordinance which requires park land dedication for residential development projects. The Community Development Department shall include the requirement for compliance with this ordinance in a standard list of development project conditions for adoption by the City Council. Cultural Resources 54. Mitigation: The City shall require a cultural resources reconnaissance investigation and records search for individual development proposals, in accordance with CEQA requirements, if there is any potential that such resources may be located on the project site. Where potentially significant adverse impacts are identified, the City shall require appropriate mitigation measures as defined by Appendix K of the CEQA Guidelines (which requires work to be suspended in any area where archaeological remains are uncovered, pending a survey by a recognized specialist). Monitoring: The Community Development Department shall require appropriate cultural resources studies prior to determining an application complete, and shall include the requirement for work to be suspended in any area where archaeological remains are uncovered, pending a survey by a recognized specialist, in a standard list of development project conditions for adoption by the City Council. 55. Mitigation: The City shall implement policies and programs of the Land Use Element regarding the preservation of important cultural resources on an ongoing basis. Monitoring: The Community Development Department shall review entitlement applications for consistency with the Land Use Element goals and policies prior to determining an application complete, and shall include a recommendation to the decision - making body regarding a project's consistency with the General Plan. 19 • 6 , J,`, MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 92 -855 __ was adopted by the City Council of the City of Moorpark it a meeting held on the 13th day of MAY _ , 1992, and that the same was adopted by the l'ollowing vote: Councilmembers Motngomery, Perez, Talley, Wozniak and AYES: Mayor Lawrason NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the o f f i c i a l seal of said City this 7th day of AUGUS:r 1992 Lillian E. Kellerman City ClerE (Seel) PAUI W I AWRA ;ON JP JOHN I WO /NiM, SCOI I kl -N t l t. HI RNAltl. -,',I ROY I W , ! v ,lit 1d-/n• Mays .,oun, ...:n, .��. /,v•in,.�.t�..mt�.