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HomeMy WebLinkAboutRES CC 1994 1061 1994 0907RESOLUTION NO. 94 -1061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING THE AMENDED CARLSBERG SPECIFIC PLAN AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN, ADOPTING A MITIGATION MONITORING PROGRAM, MAKING CERTAIN FINDINGS RELATED TO THE SIGNIFICANT IMPACTS OF THE PROJECT, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS IN CONNECTION THEREWITH WHEREAS, Carlsberg Financial -g.orporation has filed an application with the City of Moorpark for -an -amendmWt`to the adopted Carlsberg Specific Plan regulating development of an approximate 500 -acre land holding located west of the Moorpark Freeway (SR23), east of Spring Road, north of Tierra Rejada Road, and south of New Los Angeles Avenue in the City of Moorpark; and WHEREAS, a Draft Supplemental Environmental Impact Report ( "DSEIR ") dated May 18, 1993 was prepared and circulated for a 45 day period in order to receive written comments on the adequacy of the document from responsible agencies and from the public; and WHEREAS, before approving the amended Carlsberg Specific Plan, CEQA requires the preparation and certification of a Subsequent Environmental Impact Report ( "DSEIR ") to address the environmental impacts of the proposed amendment to the Specific Plan; and WHEREAS, the SEIR and proposed amended Specific Plan were considered by the Planning Commission at its meetings of August 2, 1993, August 16, 1993, and September 7, 1993; and WHEREAS, the Planning Commission, after considering all testimony and evidence presented regarding the SEIR and proposed amended Specific Plan, whether written or oral, recommended approval of the amended Specific Plan to the City Council; and WHEREAS, the SEIR and proposed amended Specific Plan were considered by the City Council at several public meetings ; and WHEREAS, a Final SEIR ( "FSEIR "), dated November 18, 1993, was prepared containing all written correspondence received commenting on the DSEIR, summaries of oral comments on the DSEIR made at hearings held by the Planning Commission and the City Council on the DSEIR, and written responses to these comments; and WHEREAS, after considering the FSEIR in conjunction with all evidence and testimony, whether written or oral, the City Council reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS based on the SEIR, oral and written staff reports, and other testimony and evidence presented to the Planning Commission and the City Council of the City of Moorpark: SECTION 1. Except as otherwise provided in these findings or in the Resolution of the City Council certifying the SEIR, the analysis and conclusions of the SEIR are hereby adopted as if fully set forth herein. SECTION 2. Except as otherwise set forth in these findings, the mitigation measures adopted in connection with the approval of the proposed amended Specific Plan will mitigate the project's significant impacts to a less than significant level. SECTION 3. In response to comments received by the City on the FSEIR and proposed amended Specific Plan, modifications were made to the Project to further mitigate potential impacts. These modifications to the Project are discussed in the "Project Modification Summary" dated April 27, 1994. The new information in this "Project Modification Summary" is not substantial and does not constitute significant new information as only minor technical changes and additions are made to the information in the SEIR and no important new issues about the project are raised. SECTION 4. Each Finding is based on the entire record of proceedings, - t--- i ncludi.7y written and oral testimony before the Planning Commission and -the City Council. The description of impacts, mitigation measures and alternatives in these findings is intended to be a summary only. The full descriptions and analyses are set forth in the SEIR and adopted by this City Council except as expressly set forth herein. SECTION 4. Prior to considering the approval of the amended Specific Plan, the City Council reviewed the EIR and adopted the Resolution certifying the SEIR for the proposed amended Carlsberg Specific Plan as having been completed in accordance with CEQA and the CEQA Guidelines. SECTION 5. A Mitigation Monitoring Program ( "MMP ") which consists of all the mitigation measures listed in the MMP (a copy of this MMP is attached hereto as Exhibit A), is hereby approved and adopted and the mitigation measures are specifically adopted as conditions of approval of the amendment to the amended Specific Plan. All mitigation measures previously imposed as part of the 1990 final EIR Plan that are not included in the MMP are no longer valid and applicable to the project. SECTION 6. Certain of the impacts under the following environmental topics were identified as potentially significant impacts and were analyzed in the SEIR: topography; hydrology; biota; traffic and circulation; air quality; noise; land use; and housing. Each of these potential impacts is discussed more fully in Sections 7 through 25 below. SECTION 7. Section 6 of the DSEIR sets forth the impacts found not to be significant based on the Initial Study and DSEIR. As listed in Section 6 of the DSEIR, these include certain impacts related to the following environmental topics: soil resources; air quality; light and glare; natural resources; risk of upset; population; housing; public services; energy; utilities; human health; aesthetics; recreation; cultural resources. SECTION S. Under the topic of topography, the SEIR concludes that implementation of the amended Specific Plan would result in the alteration of Type 1, 2, and 3 ridges on the site and grading of slopes greater than 20 percent. The primary changes associated with the proposed amendment would be allowing greater development of planning area "C" which would include alteration of a Type 2 ridge and the grading of approximately 3 to 5 acres of slopes greater than 20 percent that would not be graded under the adopted amended Specific Plan. Area "C" is situated in the central portion of the site and views of this location from off -site viewpoints are largely precluded. This condition minimizes this impact to some extent. These impacts will be mitigated to a level of less than significant by implementation of mitigation measures T1 through T25 as contained in the MMP. SECTION 9. Under the topic of hydrology, the SEIR concludes that development under the amended Specific Plan would increase site runoff in the Arroyo Simi and Peach Hill Wash watersheds by 55 cubic feet per second. This increase represents a 17.3 percent increase in runoff in the Arroyo Simi watershed and a 30.0 percent decrease in runoff in the Peach Hill watershed. This increase in runoff will not adversely affect drainage facilities in either of these watersheds. Detailed development plans have not been completed for the portion of the site located in the Arroyo Santa Rosa watershed and, therefore, specific information on impacts to this watershed is not available. Detailed hydrologic studies will be required when detailed plans for this portion of the Specific Plan area are completed prior to approval of the final map. The applicant will construct all improvements as required by the City to mitigate any impact to the existing drainage facilities in the Arroyo Santa Rosa watershed. All impacts associated with increases in runoff will be mitigated to a level of less than significant by implementation of mitigation measures HY1 to HY6, as contained in the MMP. SECTION 10. Under the topic of hydrology, the SEIR concludes that no on -site flooding impacts will occur as all storm drain facilities will be designed to handle 50 -year and 100 -year frequency storms and no development is proposed in the 100 -year or 500 -year flood zones as a result of proposed project implementation. Mitigation measures HY1 to HY6, as contained in the MMP, require City review and approval of the storm drain design to ensure that no significant flooding impacts occur. SECTION 11. Under the topic of hydrology, the SEIR concludes that minimal erosion and sedimentation impacts may occur during grading and construction. Mitigation measure HY1, as contained in the MMP, requires preparation of a erosion, siltation and dust control plan to ensure that these construction effects are minimized. Mitigation measures HY7 and HY8, as contained in the MMP, impose further requirements to mitigate any potential increase in erosion and sedimentation during construction to a level of less than significant. SECTION 12. Under the topic of hydrology, the SEIR concludes that 200 -300 feet of the uppermost portion of a blueline stream located on the northern portion of the site would be directly affected by the proposed development. Further analysis of the proposed project in relation to this stream bed will be required as a condition of approval of the Tentative Tract Map for this portion of the property. As no detailed development plans are available at this time it would be speculative to examine this potential impact any further at this time. If feasible, any impact to this stream will be avoided by refining the grading plan. Any alteration of this stream will be subject to the approval of the California Department of Fish and Game and possibly the Army Corps of Engineers. Through these permit processes, specific mitigation measures for any direct impacts will be determined. Through this process, this potential impact will be avoided or mitigated to a level of less than significant prior to approval of the Tentative Tract Map. SECTION 13. Under the topic of biota, the SEIR concludes that implementation of the adopted amended Specific Plan would result in direct and indirect impacts to sensitive plant and animal species on the site. Implementation of the Project would result in the loss approximately 21 acres of vegetation associated with the cactus phase of the coastal sage scrub plant community that provides habitat for the cactus wren, a sensitive bird species. To mitigate this impact to a level of less than significant, Mitigation Measure B2, as contained in the MMP, requires a revegetation program to replace this vegetation on the site. A vernal pool, containing California Orcutt grass, is located in the southeastern portion of the site. Lyon's pentachaeta is also located in this portion of the site in proximity of the pool. The vernal pool, California Orcutt grass, and Lyon's pentachaeta are all considered to be sensitive resources. As designed, the Project avoids direct impacts to known populations of Lyon's pentachaeta and the vernal pool. The Project includes a Rare Plant Management Program (RPMP) designed to minimize any indirect impacts to the vernal pool, California Orcutt grass, and Lyon's pentachaeta. The RPMP addresses the maintenance of water flows to the vernal pool, preservation of key open space areas, and provision of a buffer area to minimize indirect impacts associated with an increased human presence in the area. Mitigation measures B1, B3, and B4 to B5 as contained in the DSEIR on pages 5 -71 to 5 -72 were proposed to further minimize any indirect impacts on these resources. These measures included increasing the buffer around the vernal pool from 0 -50 feet to 100 feet; specifying types of mosquito control to be used in the pool; forbidding any draining or disturbance of the pool; and requiring that native plants be used in project landscaping near open space areas. The California Department of Fish and Game (CDFG) commented on the_DSEIR and RPMP, indicating that, in the opinion of CDFG, the construction and presence of 100 homes in the vicinity of the vernal pool would result in an unacceptable alteration of the watershed for the vernal pool and that the artificial hydrologic regime proposed in the RPMP would not sufficiently mitigate this impact. In addition, CDFG stated that they believed the buffer provided was insufficient to allow for seasonal fluctuation and expansion of the populations of Lyon's pentachaeta on the site. In response to these comments, further revisions were made to the project to minimize any indirect impacts on these resources including a redesign of lots in this area to increase the buffer around the vernal pool to 100 to 250 feet. With implementation of the RPMP and Mitigation Measures 83 to B5, as contained in the MMP, the potentially significant impacts to the vernal pool, California Orcutt grass, and Lyon's pentachaeta are considered mitigated to a level of less than significant by the City Council. Mitigation Measure B1, as contained in the DSEIR, is no longer applicable as the buffer around the vernal pool has been made larger than the 100 foot buffer called for by this measure. This finding of the City Council is based on the information contained in the SEIR and the expertise of the City's biological consultant for this Project. Contrary to the expertise of the City's biological consultant, the CDFG has alleged in letters and public testimony that the Project will result in an unavoidable adverse impact to the sensitive resources discussed above even with implementation of the RPMP and other mitigation measures and that a larger buffer should be provided around the pool. The City Council acknowledges that a disagreement among experts exists with regard to this issue. Section 15151 of the CEQA guidelines states that a disagreement among experts does not make an SEIR inadequate, but the SEIR should summarize the main points of disagreements among experts. The RPMP, as prepared by the City's biological consultant, was based on extensive hydrological and other technical studies and required a redesign of the project. The CDFG has expressed opinions regarding the effectiveness of this mitigation program, but has produced no technical or other information to support the comments made. The City Council understands each viewpoint, and based on the information presented by each expert, has accepted the opinion of the City's biological consultant. If, and to the extent that, the allegations of CDFG are proven to be true or partially true at a later date, any future impacts to the vernal pool, California Orcutt grass, and Lyon's Pentachaeta, are considered to be acceptable due to the overriding considerations set forth in Section 29 below. SECTION 14. Under the topic of biota, the SEIR found that implementation of the amended Specific Plan would result in habitat loss and direct and indirect impacts to natural habitat on the site. Approximately 33 percent of the natural habitat on the site will be removed through implementation of the project. In addition, placement of development adjacent to the remaining open space will result in indirect impacts to wildlife. Mitigation measures B4 and B5 will mitigate the indirect effects to a level considered less than significant by limiting nighttime lighting and requiring the use of compatible plant materials near open space areas. SECTION 15. Under the topic of traffic, the SEIR concludes that the proposed amended Specific Plan would generate 37% percent more traffic than the currently adopted Specific Plan and would result in significant impacts to seven intersections that would result from implementation of the amended Specific Plan. These intersections are: Moorpark Avenue /Los Angeles Avenue; Spring Road /Los Angeles Avenue; Moorpark Road /Tierra Rejada Road; State Route 23 northbound /Tierra Rejada Road; Science Drive /New Los angles Avenue; "A" Street /Tierra Rejada Road; and "A" Street / "B" Street. In addition, the amended Specific Plan would improve the operating conditions of the intersection of Spring Road /Tierra Rejada Road by providing another north /south road, Science Drive, that will carry some of the traffic currently using Spring Road. While the operating capacity of this intersection would improve it would still operate at a level of service considered to be unacceptable by the City of Moorpark. The impact of the project on the operation of these intersections will be mitigated to a level that is less than significant by .City of Moorpark standard% with implementation of mitigation measures TC 1 through TC 17, as contained an the MMP. These measures require improvements to certain intersections and a fair share financial contribution by the applicant towards the costs of improving other impacted facilities. These measures provide for improvement of impacted City of Moorpark, County of Ventura, and State of California Facilities. Impacts to the County regional roadway system and Congestion Management Plan network were analyzed based on available traffic analysis methodologies. The County of Ventura is currently preparing a county -wide traffic model to monitor cumulative traffic impacts and an associated traffic fee program. In lieu of this county -wide program, the County has been seeking to establish reciprocal traffic mitigation fee agreements with the cities in Ventura County defining inter - jurisdictional responsibilities for mitigation of traffic impacts. Mitigation Measure TC18, as contained in the MMP, will ensure that impacts to County roads are mitigated by requiring the applicant to contribute a pro -rata share of the cost of improving impacted County roadways, provided that a reciprocal agreement between the County and the City of Moorpark related to mitigation of traffic impacts is reached within the next ten years. Absent a reciprocal agreement or a county -wide program, the City Council finds that there is no other feasible method available for properly analyzing and mitigating any impact of the project on County roadways. If this reciprocal agreement cannot be reached between the County and the City of Moorpark within a 10 year period and there is an impact on County roadways that is not fully mitigated, such impact would be acceptable due to the overriding considerations set forth in Section 29 below. SECTION 16. Under the topic of air quality, the SEIR concludes that construction allowed by the amended Specific Plan would result in short -term increases in emission levels from construction equipment and dust generation. The increase in construction emissions is not considered significant due to the temporary nature of this impact. While not considered significant, mitigation measures Al through A6, as contained in the MMP, will minimize construction impacts related to equipment emissions or fugitive dust generation. SECTION 17. Under the topic of air quality, the SEIR also concludes that implementation of the amended Specific Plan would result in the generation of long term air emissions of reactive organic compounds (ROC) and oxides of nitrogen (NOx) associated with vehicular trips that exceed the threshold of significance set by the Ventura County Air Pollution Control District. Mitigation measures A7 through A24, as contained in the MMP, will mitigate this impact to a level of less than significant. These measures include design features to be incorporated into structures within the project, regulation of the amount of housing to be built at certain points during build -out of the project, and payment of a mitigation fee. SECTION 18. Under the topic of air quality, the SEIR concludes that future localized concentrations of carbon monoxide at intersections that will be utilized by traffic from the project will not exceed the California ambient air quality standards. For this reason, the increase in localized carbon monoxide levels resulting from project traffic is not considered to be significant. SECTION 19. Under the topic of air quality, the SEIR concludes that the project is consistent with the Air Quality Management Plan. SECTION 20. Under the topic of noise, the SEIR concludes that noise impacts associated with construction activities would be a short term nuisance to local residents. This impact is not considered to be significant because of the short term duration. Mitigation measures N1 through N4, as contained in the MMP, which control construction related activities, will minimize potential construction noise effects. SECTION 21. Under the topic of noise, the SEIR concludes that noise levels along off -site roadways will not increase significantly as a result of the addition of project generated traffic to these roadways. SECTION 22. Under the topic of noise, the SEIR concludes that traffic noise levels in planning area "A ", adjacent to the Moorpark Freeway, would exceed the 60dB (A) CNEL standard for low density residential uses, without mitigation. Mitigation measures N5 through N8, as contained in the MMP, will reduce this impact to below a level of significance by requiring additional study of noise levels in area "A" and the placement of all residential units outside the 60dB (A) CNEL contour; design of structures to meet applicable interior noise standards; controls on outside equipment; and additional analysis of residential areas along Science Drive to ensure all residential units are outside the 60dB(A) CNEL contour for this road. SECTION 23. Under the topic of noise, the SEIR concludes that operational noise levels associated with the uses allowed by the Specific Plan will not result in significant impacts for surrounding land uses. Noise generated by uses in the business park portion of the site may, however, be a nuisance for residents of a new multi - family housing complex on the north side of New Los Angeles Avenue. To minimize any nuisance, mitigation measure N8, as contained in the MMP, limits the time of day certain equipment associated with maintenance of outdoor areas within the business park portion of the site can operate to daytime hours. SECTION 24. Under the topic of land use, the SEIR concludes that the amended Specific Plan is consistent with the land use designations for the site found in the City's General Plan and that the land uses within the project are compatible with surrounding uses. To ensure the compatibility of land uses, mitigation measure L1, as contained in the MMP, requires separation and buffering between different land uses on and off -site along with conformance with site plans for individual areas within the Project as approved by the City. SECTION 25. Under the topic of housing, the SEIR concludes that the elimination of multi - family uses from the project would not affect city -wide programs or result in any other impact to low- moderate income housing, elderly housing, or the demand for housing assistance within the City of Moorpark. This loss of potential multi - family housing will, however, contribute to a significant cumulative impact on the availability of low- moderate income housing, elderly housing, and the demand for housing assistance. This cumulative impact may be avoided by development of policies and incentive programs by the City that will stimulate the production of low income housing within the City. To the extent this cumulative impact is not avoided through the development and implementation of programs by the City of Moorpark, this impact would be acceptable due to the overriding considerations set forth in Section 29 below. SECTION 26. Other than the cumulative impact identified above in Section 25, no significant cumulative impacts have been identified. SECTION 27. The City Council hereby makes the following findings in accordance with Public Resources Code Section 21081 and CEQA Guidelines Section 15091: A. The imposition of the MMP constitutes changes or alterations in the project which will reduce certain of the potentially significant Impacts of the project in the areas of topography, hydrology, biota, traffic, air quality, and noise to a level considered less than significant by the City of Moorpark. B. The imposition of the MMP will also reduce those impacts of the project found to be adverse, but not significant, in the areas of construction related emissions and operational noise impacts to off -site land uses. C. The City Council finds that the Project will not result in a significant impact to the sensitive biological resources on the site as discussed in Section 13 above. The California Department of Fish and Game disagrees with the City Council and its technical experts and has requested that Alternative 3 be approved to mitigate potential impacts to these sensitive resources to a level considered less than significant by the Department. The specific economic reasons set forth in Section 30 make this alternative infeasible. D. The City Council finds that potential impacts to County roadways have been analyzed to the extent feasible as discussed above in Section 15. At this time, there is no feasible mechanism for further analyzing and mitigating any project or cumulative impact to County roadways. A mitigation measure requiring the applicant to contribute a pro -rata share of the cost of improving County roads to mitigate project or cumulative impacts, provided that a reciprocal agreement between the County and City on road impacts is reached in the next 10 years, has been imposed on the project. No other feasible mitigation measures for this impact have been identified in the SEIR. E. The cumulative housing impact identified in Section 25 above may remain significant if the City is not able to develop and successfully implement programs to stimulate the production of low income housing within the City. No other feasible mitigation measures for this potential cumulative impact have been identified in the SEIR or by the City Council. SECTION 28. In accordance with CEQA Guidelines Section 15093 and other provisions of law, the City Council has balanced the benefits of this project against the potentially unavoidable significant impacts identified in Sections 13, 15, and 25 above in the areas of sensitive biological resources, traffic and housing which are assumed to exist for purposes of this balancing process. For the reasons listed below, the City Council has determined that the benefits of this project outweigh the potentially unavoidable impacts to sensitive biological resources, traffic, and housing and that such adverse effects area considered acceptable. Each of the matters set forth below is independent of the other matters of overriding consideration, warranting approval of the project despite each and every impact that might remain significant. A. The Project will provide funding for public improvements, including improvements to major arterials that will benefit the entire community. B. The Project will provide improvements to Spring Road. This road is an important link in the City's circulation network and improvement of this road will benefit the entire community. C. The Project will construct Science Drive, which will provide an alternative north -south roadway to Spring Road. This addition to the circulation network will benefit the entire community. D. The Project provides for permanent open space areas that benefit the entire community. E. The Project will enhance the "gateway" to the City of Moorpark by facilitating relocation of the existing California Department of Transportation Maintenance yard. F. The amended Specific Plan includes a substantial amount of business park and commercial uses that will generate direct and indirect revenues for the City of Moorpark. G. The amended Specific Plan has a better balance of jobs and housing than the plan as currently adopted. SECTION 29. The SEIR considered three alternatives to the project including the "No Project /Site Build -out Consistent with the adopted Specific Plan" alternative. This alternative is discussed on DSEIR pages 7 -2 through 7 -7 and analyzes build -out of the project under the Carlsberg Specific Plan as currently adopted. The applicant has requested this amendment as build -out of the project under the Specific Plan as currently adopted is not financially feasible at the present time. Both the currently adopted Specific Plan and the Project are considered consistent with the General Plan. The primary differences between the two plans are the allowed type and location of housing. The Project would allow 147 more homes than the adopted Specific Plan and allow increased development of planning area "C ", an area largely reserved for open space uses in the current plan. As a result of this change, The Project would impact slightly more native vegetation in area "C" (approximately 7 acres) than the adopted Specific Plan, but would still impact the two endangered plant species and vernal pool in area "A ". As the adopted plan allows less units in area "C" than the currently adopted plan, this alternative would result in slightly less grading of slopes over 20 percent and less grading of the type 2 ridge line in area "C ". The location of the additional grading allowed by the Project is not in areas highly visible from off -site locations. As less units would be built under this alternative, Less traffic, vehicular noise, and vehicular emissions would be generated. The significance of the traffic, noise, and air quality impacts, after mitigation, however, would be similar between the currently adopted and proposed amended Specific Plan. Based on the findings that the environmental impacts of this alternative and the project are not substantially different for most of the topics analyzed; the Project will result in less impact to the sensitive biological resources in planning area "A "; and the economic viability of the Project is considered to be superior, the City Council is not selecting this alternative for approval. The SEIR also considered the "Site Build -out Consistent with the 1990 Final EIR Plan" alternative. This alternative is discussed on draft SEIR pages 7 -7 through 7 -11 and considers build -out of the site under the plan analyzed in the 1990 SEIR. This alternative would not include development of planning area "C" but would include more development of planning area "A" near sensitive biological resources. This alternative would result in less grading of slopes over 20 percent and the type 2 ridge line in area "C ". The location of the additional grading allowed by the Project is not in areas highly visible from off -site locations. While this alternative includes the same number of units as the 8 Project, some of the units would be multi - family units. Due to the different trip generation rates for multi - family units, this alternative would generate less traffic and associated vehicular emissions and noise than the Project. The significance of these traffic, noise, and air quality impacts, after mitigation, however, would be similar between the Project and this alternative. This alternative would result in greater impacts to the biological resources in area "A" while preserving more natural habitat in area "C". Based on the findings that the environmental impacts of this alternative and the project are not substantially different for most of the topics analyzed; the Project will result in less impact to the sensitive biological resources in planning area "A "; and the economic viability of the Project is considered to be superior, the City Council is not selecting this alternative for approval. The third alternative considered in the SEIR is the "Hybrid Alternative ". This alternative is analyzed on draft SEIR pages 7 -12 through 7 -16. The Hybrid Alternative was formulated to reduce identified impacts to a level considered less than significant, as feasible, in accordance with CEQA. In comparison to the Project, this alternative would consolidate development on the northern two- thirds of the site to reduce impacts on existing topography and the biological resources on the southern one -third of the site. In addition, this alternative reduces the amount of development in order to reduce air quality impacts to below the County's threshold of significance and creates buffers along Highway 23 and Tierra Rejada Road. Higher densities would occur on portions of the site to compensate for the reduced density on the southern portion of the site. As formulated, this alternative would result in no impact to the sensitive biological resources in area "A ", less than significant air quality impacts, and less traffic and vehicular noise impacts. While this alternative is considered to be environmentally superior, it is not considered to be financially feasible by the City Council based on information provided by the applicant in a letter dated April 29, 1994, entered into the administrative record. For this reason, the City Council is not selecting this alternative for approval. SECTION 30. The City Council directed that the following changes to the proposed amended Specific Plan be made: A. The applicant shall add a statement to the Specific Plan indicating that the active park does not totally satisfy the requirements of the Quimby contribution. B. The Settlement Agreement shall be incorporated into the Specific Plan. C. Make appropriate changes to the Specific Plan to preserve the Knoll located north of the proposed active park. SECTION 31. The City Council hereby approves an amendment to the Land Use Element of the General Plan to reflect the land uses as contained in the amended Specific Plan dated , 1994 presented to the Planning Commission and City Council, subject to the Mitigation Monitoring Program attached hereto as Exhibit "A" and incorporated herein by reference, and all the applicable policies, procedures, resolutions, and ordinances of the City of Moorpark. This approval is based on the finding that the amended Carlsberg Specific Plan is consistent with the City's General Plan. SECTION 32. The record of proceedings upon which this decision is based is located in the office of the City Clerk, who is the custodian of records for the same. APPROVED AND ADOPTED this 7th day of � 1994. Paul W. Lawrason, 7r., Mayor ATTEST: 10 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529.6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 94 -1061 was adopted by the City Council of the City of Moorpark at a meeting held on the 7th day of September , 1994, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS PEREZ, WOZNIAK, AND MAYOR LAWRASON NOES: COUNCILMEMBER HUNTER ABSENT: COUNCILMEMBER MONTGOMERY ABSTAIN: NONE WITNESS my hand and the official seal of said City this _9th of 4PprF,mha•r_, 1994. Lillian E. Hare City Clerk 4 PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Concilmember Printed on Recyc'ec Pale- PROTECT NAME: Carlsberg Specific Plan APPROVAL DATE: September 7, 1994 EXhi-sIT "A" MITIGATION MONITORING PROGRAM FILE NUMBER: EIR No.: The following environmental mitigation measures were incorporated in to the approval for this project in order to mitigate potentially significant environmental impacts to a level, of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City of Moorpark's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). The mitigation measures are numbered consecutively in the text of this EIR. Env. Issue Potential Significant Effect EIR Page No. Reference Mitigation Measure Method of Review Verification Responsible Agency Monitoring Milestone Verification of Compliance Initial I Date I Remarks Topography Alteration of 5 -14 T1. Graded slopes visible from off -site to a. Review of a. Director of a. Prior to site's natural the west shall be hydroseeded landscape Community issuance of appearance. immediately upon completion, concept plans Development grading permit consistent with the landscape concept and Director of plan. The city shall specify deadlines Public Works for completion of hydroseeding based on the grading schedule. b Field b. Director of b. Prior to final verification Public Works grading Alteration of iµ anti T. i he entry treatment at Science Drivc Rcvie«- of street ri Director of inspection I Prior to sites natural 5 -15 and Tierra Rejada Road shall be improvement Community issuance of appearance completed concurrent xNith the and landscape Development grading permits construction of Science Drive and the concept plans and Director of' intersection at Tierra Rejada Road Public Works i'erimeter on -site landscaping along Spring Road and Ticrra Rejada Road, b. Field b. Director of b. As required in including any parkways, shall be verification Public Works mitigation installed concurrent with the Spring Road and Tierra Rejada Road measure frontage improvements l'opography Alteration of 5 -15 T3. Landform and grading design shall be a. Review of a. Director of a. Prior to site's natural consistent with the Cite of Moorpark grading plans Public Works issuance of + appearance grading standards. grading permits b. I- ield b. Director of b. Prior to final verification Public Works sign-off of grading Topography Alteration of 5 -15 T4. New slopes adjacent to roadways and a. Review of a. Directof of a. Prior to site's natural development areas shall be graded in grading plans Community issuance of appearance such a way that an undulating Development grading permits a ante in the aded lane shall and Director of .i Env. Issue Potential EIR Mitigation Measure Significant Page No. Effect Reference Method of Review I Responsible Agency Verification Monitoring Verification of Milestone I Compliance Date I Remarks a be provided. Public Works b. Field b. Director of b. Prior to final verification Public Works sign -off of grading Topography Alteration of 5 -15 T5. Manufactured landforms shall be a. Review of a. Directof of a. Prior to site's natural contoured to provide a smooth and grading plans Community issuance of appearance gradual transition of graded and Development grading permits natural slopes, while preserving the and Director of basic character of the site. Public Works h. Field b. Director of' b. Prior to final verification Public Works sign- offof grading Topography Alteration of 5 -15 TO the maximum gradient for anv slope a Review of a Director of' a Prior to site's natural ,hall not exceed a 2 1 slope I _,rading plan Public Work issuance of I appearance inclination except 'where special I .tnd Director . t grading permitr i i ,crcumstances exist. hi the case of Community special Circumstances where steeper Development slopes are warranted, plans will be reviewed by a certified geologist and b. Field b Director of b. Prior to final �%Jll be subject to the review and verification Public Works sign -offof approval of the City Engineer and the grading Director of Community Development. Topography Alteration of 51 -5 T7. Planned structures, roadways, paths, a. Review of a. Director of a. Prior to site's natural vegetation, irrigation and continuing landscaping Community issuance of appearance maintenance programs shall he used plans and Development/D grading permits to stabilize manufactured slopes. homeowners irector of Public and prior to association Works issuance of landscape certificate of maintenance occupancy plan. b. Field b. Director of b. Prior to verification/ Public Works issuance of monitoring certificate of a l Env. Issue Potential EIR Mitigation Measure Significant Page No. Effect I Reference Method of Review I Responsible Agency Verification Monitoring I Verification of Milestone Compliance Initial ( Date I Remarks -3- .t occupancy and during life of project Topography Alteration of 5 -16 T8. Substantial quantities of trees and a. Landscape plan a. Director of a. Prior to site's natural shrubs of varying sizes on graded review Community issuance of appearance slopes shall be used to soften the Development grading permits visual appearance b. Field b. Director of b. Prior to verification Community issuance of Development occupancy permits Topography Alteration of 5 -16 T9. All graded slopes shall be planted in a a. Landscape plan a. Director of a. Prior to site's natural timely manner meeting the approval review Community issuance of appearance of the Director of Community Development grading permits Development with groundcover, trees and shrubs that will stabilize slopes b E field b Director of 1, Prior to and mimmve erusion_ verification Community issuance of ' Development Occupancy permits I opoYraph} Alteration of 5 -16 T10 All development areas and lots shall a. Grading and a. Director of' a. Prior to site's natural be designed so that surface drainage drainage plan Public Works issuance of appearance is directed to street frontages of review grading permits natural or improved drainage courses as approved by the City Engineer b. Field b. Director of b. Prior to final verification Public Works grading and street improvements sign- offs. Topography j Alteration of 5 -16 T11 (:Trading shall emphasize scenic vistas a. Grading plan a. Director of a. Prior to i site's natural to the open space areas. review Community issuance of appearance Development building and Director of permits Public Works b. Field b. Director of b. Prior to final -3- .t Env. Issue I Potential EIR Mitigation Measure Significant Page No. Effect I Reference Method of Review Responsible Monitoring Verification of Agency Milestone Compliance Verification Initial I Date Remarks ,e -4- .t verification Community grading sign -off Development and Engineering Services inspector Topography Alteration of 5 -16 T12. Concrete drainage structures shall be a. Grading plan a. Director of a. Prior to site's natural tan colored concrete. review. Public Works issuance of' appearance grading permits b. Field b. Director of b. Prior to final verification Public Works grading sign -off Topography Alteration of 5 -16 T13. Protection of existing vegetation a. Grading plan a. Director of a. Prior to site's natural through careful site planning which review and Public Works issuance of appearance may reduce areas of grading. preliminary site and Director of grading permits survey Community revelopment i field 6 Director of b. ?nor to final verification Public Works grading sign -off l'opograph% Alteration of 5 -17 T14. Utilization of current good practices a. Tract map a. Director of a. Prior to site's natural of design, architecture, landscape review. Community approval of tract appearance architecture, civil engineering, and Development map by hillside land planning to preserve, planning enhance and promote the existing and commission future appearance and resources of hillside areas. b. Issuance of b. Director of b. Prior to building Community issuance of permits Development building permits Topography Alteration of 5 -17 T15. Retention of designated natural a. Grading plan a. birector of a. Prior to site's natural topographic features. review and Public Works issuance of appearance preliminary site and Director of grading permits survey. Community Development ,e -4- .t Env. Issue Potential EIR Mitigation Measure Significant Page No. Effect Reference Method of Review I Responsible Agency Verification Monitoring I Verification of Milestone Comnliance Date I Remarks •e -5- .t b. Field b. Director of b. Prior to final verification Public Works grading sign -off Topography Alteration of 5 -17 T16. If grading is required or necessary, a. Grading plan a. Director of a. Prior to site's natural conservation of natural topographic review Public Works issuance of appearance features and appearances by means of grading permits land sculpturing to blend graded slopes and benches with natural h Field h Director of b Prior to final topography. verification Public Works grading sign -off Topography Alteration of 5 -17 T17. Utilization of varying pads sizes, a. Tentative tract a. Director of a. Prior to site's natural setbacks, building heights, innovative map review Public Works issuance of appearance building techniques, and building and and Director of grading permits wall forms which serve to blend Community and building buildings into the terrain. In highly Development permits visually sensitive areas, buildings shall be designed to fit the landform b. Field b Director of b. Prior to final rather than adjusting the landform to verification P tiblic Works grading sign -off tit the home. and issuance of i certificate of occupancy Topography Alteration of 5 -17 T18. Conservation and introduction of fire a. Grading plan a. Director of a. Prior to site's natural resistant plant material to protect check and Public Works issuance of appearance slopes from slippage and soil erosion, landscape plan and Director of grading permits and to minimize the visual effect of review Community grading and construction. Development b. Field b. Director of b. Prior to final verification Public Works grading sign -off and issuance of certificate of occupancy Topography Alteration of 5 -17 TI 9. Provision of safe access for vehicular a. Tentative tract a. Director of a. Prior to site's natural and pedestrian traffic with minimum map review, Community approval of appearance disturbances of the natural terrain. landscape plan Development tentative tract Utilization of street designs and review and and Director of map and improvements which serve to I grading plan Public Works issuance of •e -5- .t i Env. Issue Potential EIR Mitigation Measure Significant Page No. Effect I Reference Method of Review I Responsible Agency Verification Monitoring I Verification of Milestone compliance Initial I Date ,e -6- .i minimize grading impact and check grading permits, harmonize with the natural contours and character of the hillsides. b. Field b. Director of b. Prior to final verification Public Works grading sign -off. and issuance of certificate of occupancy Topography Alteration of 5 -17 T20 Utilization of home designs that allow a. Building plan a. Director of a. Prior to site's natural for diversification of hillside check Community issuance of appearance development styles based on the Development building different land form types including pests ridgeline, side ridges, canyon and the valley floor. Topography Risk of 5 -18 'f21 Planning, design, and development of a. Tentative tract a Director of a Prior to natural home sites that provide maximum map and site Community approval of hazards safety with respect to fire, earthquake elan review Development tentative tract ;cults, geologic drainage, erosion, and and Director of map and siltation hazards. I Public Works approval of site plan. Topography Alteration of - -1 k 1'22 Every reasonable effort shall be made a Tentative tract a. Director of a. Prior to site's natural to preserve or minimize the impact on map review, Community approval of appearance view corridors and scenic vistas. landscape plan Development tentative tract review and and Director of map and grading plan Public Works issuance of check grading permits. b. Field b. Director of b. Prior to final verification Community grading sign -off Development and issuance of 1 $nd Director of' certificate of Public Works occupancy Topography n of 5 -18 723. Every reasonable effort shall be made a. Tentative tract a. Director of a. Prior to ysite's ural to pres erve mature trees, especially map review, Community approval of ce coastal live oaks uercus a ri olia . landscape lap Development tentative tract ,e -6- .i t. Env. Issue Potential EIR Mitigation Measure Method of Review Responsible Monitoring Verification of Significant Page No. Agency Milestone Com fiance Effect Reference Verification Initial Date Remarks mis Special consideration shall be given to review and and Director of map and the preservation or relocation of grading plan Public Works issuance of heritage trees. check grading permits b. Field b. Director of b. Prior to final verification Community grading Development sign -off. and and Director of issuance of Public Works certificate of occupancy Topography Alteration of > -18 124 every reasonable etlort shall be made a. Tentative tract a. Director of a. Prior to site's natural to preserve and minimize the impact map review, Community approval of appearance on riparian habitats by utilizing landscape plan Development tentative tract innovative designs to incorporate review and and Director of map and stream beds and channels into grading plan Public Works issuance of development. Linkage of these areas check grading permits. shall be provided throughout the development. h Held h Director of b Prior to final „nim1aak grading Development sigii -off' and and Director of issuance of Public Works certificate of occupancy Topography Alteration of N/A T25. The Knoll located north of the a. Tentative tract a Director of a. Prior to site's natural proposed active park shall be map review, Community approval of appearance preserved. landscape plan Development tentative tract review and and Director of map and grading plan Public Works issuance of check grading permits. b. Field b. Director of b. Prior to final 1 verification Community grading Development sign -off and and Director of issuance of Public Works certificate of occupancy mis t Env. Issue I Potential EIR Mitigation Measure Significant Page No. Effect Reference Method of Review I Responsible Agency Verification Monitoring I Verification of Milestone Comnliance. Initial I Date I Remarks I fydrology Increased runofi'and erosion due to project development. 5 -36 HY1. Concurrent with submittal of the mass grading plan, an erosion, siltation, and dust control plan stall be submitted by the applicant and shall be subject to approval by the City of Moorpark. a. Review of grading and erosion control plans. a. Director of Public Works and Community Development a. Prior to issuance of grading permits Hydrology Increased 5 -36 and HY2 Prior to final map approval, a. Review of soils a Director of a. Prior to runoff and 5 -37 completed grading and drainage plans report, Public Works approval of erosion due and calculations shall be submitted to hydrology study final map to project and approved by the City of and street development Moorpark. The plans shall depict all improvement on -site and oil -site drainage structures plan. required by the City. The plans shall include a soils report, hydrology study and street improvement plans. Drainage plans shall be included with the street improvement plans. All grading plans and calculations shall be submitted separately and also must be approved b% the C'it' prior io final map approval Hydrology Increased -� iIY1 The applicant shall provide for all a Tentati�,r trdcf a Director of a Prior to runoff and necessary on -site and off -site storm map Public Works approval of erosion due drain facilities required by the City of Tentative Tract to project Moorpark to accommodate upstream Map development and on -site flows. Facilities, as conceptually approved in the specific b. Field b. Engineering b. Construction plan, shall be delineated on the verification Services phases tentative map and final plans inspector approved by the City. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities must also be acceptable to the Ventura County Public Works Agency. .e ! - Env. Issue Potential EIR Mitigation Measure t Significant Page No. Effect I Reference Method of Review Responsible Agency Verification Monitoring Verification of Milestone Compliance Initial I Date T Remarks Hydrology Increased 5 -37 HY4. Grading shall occur only during the a. Grading plan a. Director of a. Prior to runoff and non -rainy season from April 15 to check Public Works issuance of erosion due October 31 unless otherwise approved grading permits to project by the City of Moorpark and subject development to installation of debris and erosion b. Field b. Engineering b. During control facilities. verification Services construction inspector Hydrology Increased 5 -37 11Y5. As recommended by the civil a. Tentative tract a. Director of a Prior to runoff and engineers, the pipe at culvert map and street Public Works issuance of erosion due crossings (Station 70 +83) shall be improvement grading permits to project iowered to accommodate the ultimate plans development widening of Tierra Rejada Road. Hydrology Increased 5 -37 HYG. All structures proposed within the a. Tentative tract a. Director of a. Prior to runoff and 100 -year flood zone shall be elevated map and Public Works approval of erosion due at least one foot above the 100 -year grading plan tentative tract to project flood level. check map and prior development I to issuance of i I grading permit,, i h t field r t,ngmeenng h Construction verification Services phases inspector Hydrology Increased 5 -38 HY7 During site preparation and a. Grading plan a. Director of a. Prior to runoff and construction, minimize disturbance of check Community issuance of erosion due natural groundcover on the project Development grading permits to project site until such activity is required for and Director of' development grading and construction purposes. Public Works b. Field b. Engineering b. Prior to final verification Services grading sign -off i inspector I lydrology Increased 5 -38 HYB. During site preparation (i.e., grading) a. Grading plan a. Director of a. Prior to runoff and and construction, construct temporary check Public Works issuance of erosion due storm water diversion structures per grading permits to project City of Moorpark standards. .e -9- ,i 1 -. 1' 0 1 WE Env. Issue Potential EIR Mitigation Measure Method of Review Responsible Monitoring Verification of Significant [Effect Page No. Agency' Milestone Compliance Reference Verification Initial Date Remarks development b. Field b. Engineering b. During verification Services construction. inspector Hydrology Impacts to N/A HY9. A total of 200 to 300 feet of the a. Review of a. Director of a. Prior to riparian uppermost portion of the blueline tentative tract Community approval of habitat stream located on the northern portion map Development tentative tract of the project site shall be analyzed as part of the grading plan to determine map if potential impacts to the streambed can be avoided. Any alteration to the stream will require California Department of Fish and Game and possibly Army Corp of Engineers approvals Biota Impacts to 5 -70 131. To further reduce direct and indirect a. Tentative tract a Director of a Prior to native impacts to the Orcutt grass and map and ComnumitV approval of habitats anu I seasonal pool, no development (with P-rading plan I hevelopment tentative tract .ensitivr t the exception of drainage control 1111d hector of map and species features) shall occur within 100 feet I Public Works issuance of of the upper limits of the seasonal grading permits pool. This measure would increase the 0- to 50400t butler gone that is I' Meld t' Mi -ector of 1; Construction proposed as part of the current project verification Commuttit} phases description and Rare Plant Development Management Plan. and Director of Public Works Biota Impacts to 5 -70 B2 To reduce direct impacts to the cactus a. Revegetation a. Director of a Prior to native "Ten, the applicant should offset the plan Planning and issuance of habitats and loss of the cactus phase of the coastal Community grading permits sensitive sage scrub on the site. Figure 22 as Development 1 species contained in the DEIR, dated May 18, 1993, identities locations on the site b. Field b. Director of' b. During life of where revegetation efforts can be verification Community project successfully implemented. This Development revegetation plan should be and Director of im lemented under the direction of a Public Works 0 1 WE Iss,_ Potential EIR Mitigation Measure - Significant Significant Page No. Effect I Reference —ethod of Review I Responsible Agency Verification Monitoring I Verification of Milestone Cmmnlisnce Initial I Date I Remarks A qualified biologist. As proposed, this measure would replace the 20.79 acres of cactus phase coastal sage lost due to project grading activities. Studies indicate that cactus phase coastal sage is an invasive plant community. Establishing this plant community can occur where suitable soil conditions and micro - climates are present. However, revegetation efforts must be conducted under the supervision of a qualified biologist. It is expected that complete revegetation would require many years (5 to 10 Years). However, establishing Biota Impacts to 5 -70 and 133 When water is present in the seasonal a. Review of a Director of a. Prior to native i -72 pool, it shall not be artificially mosquito Planning and issuance of habitats and drained or otherwise subjected to abatement plea, C'ortununit} occupanc} sensitive disturbance Biological methods for ; )etclopmen oennits species mosquito control shall be utilized, including the use of Bacillus thuringiensislisraelensis (Bt), a commercially - available biological control which is specific for mosquito larvae. Biota Impacts to 5 -72 134. The landscape plan for areas adjacent a. Landscape plan a. Director of a. Prior to native to natural open space shall conform and grading Planning and issuance of habitats and with the recently - published "List of plan check Community grading permits sensitive Native Plant Species for use in Development species Landscaping in the Santa Monica Mountains ". b. Site inspection b. Planning and b. Prior to i Community issuance of Development occupancy inspector permits A 1' [!!7Iss(­Potential EIR Mitigation Measure Significant Page No. Effect Reference iviethod of Review I Responsible Agency Verification Monitoring I Verification of Milestone Comnlianee Initial 1 Date 1 Remarks Biota Impacts to 5 -72 B5. Lighting in areas adjacent to the a Lighting/ a. Director of a. Prior to native natural open space�portions of the site landscape plan, Community issuance of habitats and shall be fully hooded and shielded to street Development grading and sensitive prevent illumination of sensitive improvement and Director of building species habitats. plan and Public Works permits building plan check b. Field b. Director of b. Prior to verification Community issuance of final Development street and Director of improvements Public Works sign -off and certificate of occupancy. 1 ratlic Impacts to 5 -105 R11 Design and constrict both ".A" Street a Street a Director of a Prior to intersection between New Los Angeles Avenue improvement Pnhlir Work, issuance of operating ' and "B" Street as a four -lane roadway plan review grading permits capacities (two lanes in each direction) to accommodate peak hour and ADT b. Site inspection b. Director of b. Prior to background plus project traffic Public Works issuance of final projections street improvements sign -off l raflic Impacts to 5 -105 TC2. Science Drive/New Los Angeles a. Street a. Director of a. Prior to intersection Avenue: Applicant to fully construct the south improvement Public Works issuance of operating leg of the intersection, and provide westbound plan review grading permits capacities left -turn lane; eastbound right -turn lane; shared southbound through lane /southbound b. Site inspection b. Director of b. Prior to right -turn lane; northbound left -turn lane; Public Works issuance of final i second northbound left -turn lane; northbound street right -turn lane; shared northbound through improvements lane/northbound right -turn lane; and modify sign -off signal to provide eastbound right -turn overlap with the northbound left -turn movement. - 12- .1 t Env. Issue Potential EIR Mitigation Measure Significant Page No. Effect I Reference Method of Review Responsible Monitoring Verification of Agency Milestone Compliance Verification 1 1 Initial I Date I Remarks Traffic Impacts to intersection operating capacities 5 -105 TC3. "A" Street/Peach Hill Road: Applicant to fully construct and provide northbound left -turn lane, northbound through lane, southbound through lane, southbound right -turn lane, eastbound left -turn lane, and eastbound right -turn lane. a. Street improvement plan review b. Site inspection a. Director of Public Works b. Director of Public Works a. Prior to issuance of grading permits b. Prior to issuance of final street improvements sign -off Traffic Impacts to 5 -105 TC4. "A" Street/Tierra Rejada Road: a. Street a. Director of a. Prior to intersection Applicant to fully construct north leg improvement Public Works issuance of operating of intersection and provide westbound plan review grading permits capacities right -turn lane, eastbound left -turn lane, southbound left -turn lane, and b. Site inspection b. Director of b. Prior to southbound right -turn lane (project Public Works issuance of final share 63 percent). street improvements sign -off Traffic Impacts to 1;-10" TC5 "A" Street/ "B" Street: Applicant to a. Street a. Director of' a. Prior to intersection fully construct intersection and improvement Public Works issuance of operating provide northbound left -turn lane; plan review grading permits capacities northbound through lane; northbound right -turn lane; southbound left -turn b. Site inspection b. Director of b. Prior to lane; second southbound left -turn Public Works issuance of final lane; shared southbound through street lane/southbound right -turn lane; improvements westbound left -turn lane; westbound sign -off right -turn lane; shared westbound through lane/westbound right -turn lane; eastbound left -turn lane; shared eastbound through lane /eastbound right -turn lane; and provide northbound right -turn overlap with the westbound left -turn movement as part of signal installation. .e - 13 - ^� Issue Potential EIR Mitigation Measure Significant Page No. Effect I Reference Method of Review Responsible Monitoring Verification of Agency Milestone Compliance Verification I I Initial I Date I Remarks Traffic Impacts to intersection operating capacities 5 -107 TC6. Spring Road/Tierra Rejada Road: Applicant to contribute the fair share of the cost to add a second westbound through lane. It is assumed that the applicant will contribute Area of Contribution (AOC) funds for the addition of a second eastbound through lane. Note: These improvements are required to mitigate "no-project" as well as "with- project" conditions (project share 32 percent). a. Street improvement plan review b. Site inspection a. Director of Public Works b. Director of Public Works a. Prior to issuance of grading permits b. Prior to issuance of final street improvements sign -off Traffic Impacts to 5 -107 TC7. Moorpark Road/Tierra Rejada Road: a. Street a. Director of' a. Prior to intersection The applicant will contribute Tierra improvement Public Works issuance of operating Rejada AOC funds. To the extent that plan review grading permits capacities the following improvements exceed the AOC widening project, the b Site inspection h 1irector of b Prior to applicant is to pay fair share of costs l'uhlic Wnrk, issuance of final to add a second westbound left -turn street lane; second northbound right -turn improvements lane; eastbound right -turn lane; and sign -off provide northbound right -turn overlap with the westbound left -turn movement as part of signal installation (project share 48 percent). Note: These improvements are required to mitigate "no-project" as well as "with- project" conditions. Traffic Impacts to 5 -108 TC8. Science Drive/New Los Angeles a. Street a. Director of a. Prior to intersection Avenue: Applicant to pay fair share to improvement Public Works issuance of operating add third eastbound through lane and plan review grading permits 1 capacities third westbound through lane. Note: ' These improvements are required to b. Site inspection b. Director of b. Prior to mitigate "with- project" conditions Public Works issuance of only. No mitigation is required for final street "no-project" conditions (project share improvements 67 percent). sign-off .t - 14- �! 1 . i [71ssue I Potential EIR Mitigation Measure Significant Page No. Effect Reference Method of Review I Responsible Agency Verification f Monitoring I Verification of Milestone Cmmnlianry Initial I Date Traffic Impacts to 5 -109 79. "A" Street/"I'ierra Rejada Road: it is a. Street a. Director of a. Prior to intersection assumed that the applicant will improvement Public Works issuance of operating contribute AOC funds to add a second plan review grading permits capacities eastbound through lane and second westbound through lane. Note: b. Site inspection b. Director of b. Prior to Widening of Tierra Rejada Road to Public Works issuance of final four lanes is required to mitigate street "no-project" as well as "with- project" improvements conditions. sign -off Traffic Impacts to 5 -109 TC 10. Moorpark Avenue/Los Angeles a. Street a. Director of a. Prior to intersection Avenue: Applicant to pay fair share of improvement l'tiblic Works issuance of operating the costs to convert the shared p an l review grading Permits capacities southbound left-turn lane/southbound through lane/southbound right -turn b. Site inspection b. Director of b. Prior to lane to a second southbound left -turn Public Works issuance of final lane and convert southbound street right -turn lane to shared southbound through lane /southbound right -turn improvements siim -off ianc Note These improvements arc required to mitigate "no- project" as well as "with- project" conditions (project share 34 percent). I raft]c Impacts to 5 -109 TC 11 Spring Road/Los Angeles Avenue: a. Street a. Director of a. Prior to intersection Applicant to pay fair share of the costs improvement Public Works issuance of operating to add a third eastbound through lane; plan review grading permits capacities third westbound through lane; remove second eastbound left -turn lane; and b. Site inspection b. Director of b. Prior to modify signal to provide a southbound Public Works issuance of final right -turn overlap with the eastbound street left -tum movement and westbound right -turn overlap with the improvements sign -off south-bound left -turn movement. Note: These improvements are required to mitigate "no-project" as well as "with- project" conditions (project share 50 percent). -15- A .I Env. Iss..- Potential EIR Mitigation Measure Significant Page No. Effect Reference i..ethod of Review I Responsible I Monitoring Agency Milestone Verification Verification of Initial I Date Traffic Impacts to 5 -110 TC 12. State Route 23 northbound a. Street a. Director of a. Prior to intersection ramps/Tierra Rejada Road: Applicant improvement Public Works issuance of operating to pay fair share of the costs plan review grading permits capacities (potentially througfi Proposition 111, Congestion Management Program) to b. Site inspection b. Director of b. Prior to convert the shared northbound Public Works issuance of final left-tum lane /northbound right -turn street lane to northbound right -turn lane, and improvements to add second northbound left -turn sign -off lane and second northbound right -turn lane. Note: These improvements are required to mitigate "no-project" as well as "with - project" conditions. Traffic Impacts to 5 -111 and TC l 3 Applicant to pay fair share of the costs a. Street a. Director of a. Prior to intersection 5 -112 for the signal reconstructions at Spring improvement Public Works issuance of operating Road/Los Angeles Avenue, Spring plan review grading g g permits capacities Road/Tierra Rejada Road, State Route _`3 northbound ramps[ terra Rejada b >itc uispectiou b Directoi of b 1'nor to Koad, and Science llnve /Nev� issuance of final Angeles Avenue. street improvement, sign -off i tafli� impacts to , -f f � IL 14 Applicant to pay fair share of the costs a. Street a Director of a Prior to intersection for the signal installations at improvement Public Works issuance of operating Moorpark Road/Tierra Rejada Road, plan review grading permits capacities and State Route southbound ramps/Ticrra Rejada Road. b. Site inspection 1t Director of b. Prior to Public Works issuance of final street improvements sign -off 'rabic Impacts to 5 -112 TC 15. Applicant to fully install the signals at a. Street a. Director of a. Prior to intersection "A" Street/ "B" Street, and "A" improvement Public Works issuance of operating Street/Tierra Rejada Road. plan review grading permits capacities b. Site inspection b. Director of b. Prior to - 1 6 - ^ t` Potential EIR Mitigation Measure Significant Page No. Effect I Reference method of Review I Responsible Agency Verification Monitoring I Verification of Milestone ComnlianrP Date I Remarks ,t -17- t 1 . Public Works issuance of final street improvements sign -off Traffic Impacts to 5 -112 TC 16. Applicant to contribute fair share of a. Street a. Director of' a. Prior to intersection the costs (through funds partially improvement Public Works issuance of operating contributed by the proposed project or plan review grading permits capacities applicant payment of additional AOC or Proposition 111 fees) should a b. Site inspection b. Director of b. Prior to traffic signal be installed at the Public Work-,s issuance of final intersection of Moorpark Road/Tierra street Rejada Road as part of the AOC improvements widening project. sign -off Traffic Impacts to N/A TC 17. As determined by the City of a. Street a. Director of a. Prior to intersection Moorpark, the project developer shall improvement Public Works issuance of' operating contribute a fair share to I plan review grading permits capacities unprovements to County roadways or elated facilities it a reciprocal i .�� p:..,..., :nr; l; ' rl�ln � i'llur to agreement between the County of Public Work; issuance of Ventura and City of Moorpark final street adressing said matter is approved. improvements ugn -off Air Qualit} Construction 5 -131 and Al. During cleating, grading, earth moving a Grading plan a. Department of a. Prior to related 5 -132 or excavation operations, fugitive dust check and field Building issuance of impacts emissions should be controlled by verification grading permits regular watering, paving construction and during roads and other dust prevention construction measures. The applicant shall submit a fugitive dust control plan, acceptable to the city, concurrently with submittal of l the mass (as opposed to the precise) grading plan. This plan shall include, but is not be limited to the following measures: Water all site access roads and Date I Remarks ,t -17- t 1 . Potential EiR Mitigation Measure o Significant Page No. Effect Reference inethod of Review I Responsible Agency Verification 4 Monitoring I Verification of Milestone Comnliance Initial I Date I Remarks - 18- .4 material excavated or graded on- or off-site to prevent excessive amounts of' fugitive dust. Watering shall occur at least two times dailA preferably in the late morning and after the completion of work for the day. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (15 mph or greater in one hour). The contractor shall maintain contact with the APCD meteorologist for current information about average wind speeds. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. Mirumrze the area disturbed at any one time by clearing, grading, earth moving I and excavation so as to prevent excessive =unounts of dust Keep all grading and construction equipment on or near the site, until these activities are completed. Wash off heavy-duty construction vehicles betbre they leave the site. Apply nonhazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil - binding plant to reduce wind erosion and its contribution to local particulate levels. - 18- .4 f`. Env. Issue Potential EIR Mitigation Measure Method of Review Responsible Monitoring Verification of Significant Page No. Agency Milestone Com liance Effect Reference Verification Initial Date I Remarks -19- Observe a 15 mile per hour speed limit for the constnuction area. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. Air Quality Construction related impacts 5 -132 A2. During smog season (May - October) the city shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment a. Grading plan check and field verification a Department of Building and Safetv a During construction operating, lower ozone levels and protect equipment operators from excessive smog levels. The city, at its discretion, may also limit construction during Stage 11 alerts Iii Qualit Construction related impacts ;-i3< i he developer shall request that all employees involved in grading operations on the project wear face masks during do periods a. Ficld verification I a Department nt Building and Safety a During construction Air Quality Construction related impacts 5 -132 Aa. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. a. Field verification a. Department of Building and Safety a. Prior to and during construction Air Quality_ Construction related impacts 5 -132 A5 All diesel engines used in construction equipments should use high pressure injectors. a. Field verification a. Director of Building and Safety a. Prior to and during construction Air Quality Construction related impacts 5 -133 AG. All diesel engines used in construction equipments should use reformulated diesel fuel. a. Field verification a. Director of Building and Safety a. Prior to and during construction Air Quality I Operational 5 -133 1 AT Residential building permits issued for a. Building a. Director of a. Prior to -19- r Potential EIR Mitigation Measure i:iethod of Review Responsible Monitoring Verification of Significant Page No. Agency Milestone Compliance Effect Reference ve.:a .: . _ _ . _ Date I Remarks -2U- e � .l impacts the project shall be consistent with the citys Ordinance 103 to achieve population forecast consistency. permits Community Development issuance of certificate of occupancy Air Quality Operational impacts 5 -133 A8. The city, as operators of the transit system, shall encourage plans for a bus route and bus stop near "A" street along New Los Angeles to service the commercial areas of the project. If required by the city, the applicant shall a. Street improvement plan a. Director of Community Development and Director of Public Works a. Prior to issuance of grading permits include a bus stop in final street improvement plans and provide for its construction. Air Quality Operational impacts 5 -133 A9. the city shall review all nonresidential site plans to assure pedestrian and bikeway access between bus stop and bicycle paths, respectively, and on -site development of such a. Tentative tract map and street improvement plan a. Director of Community Development rind Director o! I'nhlic Work a. Prior to approval of' tentative tract map :fir Quality Operational impacts 5 -1.33 Aiv Recommend the use of on -site solar energy units and water heaters. a. Building plan check a Director of Community a Prior to issuance of I Development building permits Air Qualitv Operational impacts 5 -134 Al 1. Orient structures and pool areas to optimize the effectiveness of solar energy units and water heaters. a. Building plan check a. Director of Community Development a. Prior to issuance of building Permits Air Quality 1 Operational impacts 5 -134 Al2. When possible, use light-colored roofing materials and concrete parking areas as opposed to dark roofing materials and asphalt parking areas, a. Building plan check a. Director of Community Development a. Prior to issuance of building permits Air Quality Operational impacts 5 -134 A13. Use building materials that produce fewer emissions during their stages of development or use (e.g., bricks, stones, water -based paints). a. Building plan check a. Director of Community Development a. Prior to issuance of building its -2U- e � .l Env. Issuc Potential EIR Mitigation Measure f Significant Page No. Effect Reference Method of Review I Responsible Agency Verification Monitoring I Verification of Milestone Comnlisnre Initial I Date I Remarks .a -21 - 't Air Quality Operational 5 -134 A14. Provide extensive landscaping to shade a. Building plan a. Director of a. Prior to impacts buildings and parking areas for energy check Community issuance of efficiency. Development building permits Air Quality Operational 5 -134 A15. Specify energy - efficient lighting a. Building plan a. Director of a. Prior to impacts controls, air conditioners, refrigerators, check Community issuance of etc. as applicable for each of the Development building proposed uses. permits Air Quality Operational 5 -134 A16. Increase roofing and wall insulation a. Building plan a. Director of a. Prior to impacts over the minimum standards currently check Community issuance of required. Development building permits Air Quality Operational 5 -134 A17 Install special sunlight - filtering a Building plan a. Director of a. Prior to impacts window coatings or double -paned check Community issuance of' windows• to reduce thermal gain or Development building IUSS. permits Air duality Operational 5 -135 A18. Provide conveniently- located recycling a. Building plan a. Director of a. Prior to impacts centers on -site with adequate access for check Community issuance of haulers. Development building permits Air Quality Operational 5 -135 A19. Provide bicycle lockers and lockable a. Building plan a. Director of a. Prior to impacts storage areas at the commercial and check Community issuance of office lots to encourage alternative Development building vehicle transportation to and from the permits site. Air Quality Operational 5 -135 A20. Where possible, provide consolidated a. Tentative tract a. Department of a. Prior to impacts truck delivery areas at the commercial map review and Community approval of lots to minimize the number of stops site plan review Development tentative tract (and possible shut -off and restarts) that map and site delivery vehicles would make within review plan the site. .a -21 - 't f f ' 71ssk._ Potential EIR Mitigation Measure Method of Review Responsible Monitoring Verification of Significant Page No. Agency Milestone Compliance Effect I Reference Verification I I Initial I Date Air Quality Operational 5 -135 A21. Provide outlets for electric vehicle a. Building plan a. Director of a. Prior to impacts recharge units in all residential check Planning and issuance of garages. Community building Development permits Air Quality Operational 5 -135 A22. Electric mowers and other a. Review of a. Director of a. Prior to impacts emission - efficient landscaping common area Planning and approval of' equipment should be used to maintain maintenance Community CC &Rs by City landscaping within the Specific Plan plans and Development and during life area. CC &Rs of project. Pdr Quality Operational 5 -136 A23. Contribute to a City- managed off -site a. Street a. Director of a. Prior to impacts 'Transportation Demand Management improvement Planning and issuance of (TDM) fund, or fund or implement plan Community grading permits Transportation Demand Management Development (TDM) measures within the Oxnard Plain Airshed that are capable of reducing emissions within the Airshed by 106.6 pounds per day (ppd) of reactive organic compounds (ROC) AND 157.7 ppd of oxides of nitrogen (NO,,), or a combination of both. The developer shall fund or implement such programs to the satisfaction of the City of Moorpark and the Ventura County Air Pollution Control District. Examples of TDM programs that could be implemented include (the developer is not limited to this list): (fin -site Transportation Management Association (TMA) and Transportation Coordinator I Park -and -ride lots HOV by -pass lanes • Class 1 bike paths and class 2 bike .a -22- .t t Env. Isla, Potential EIR Miti ation Measure g Method of Review Responsible Monitoring Verification of Significant Page No. Agency Milestone Com liance Effect Reference Verification Initial I Date I Remarks .e -23- 'i lanes Bicycle parking Transit shelters and benches HOV capital improvements Clean fuel dispensing stations Funding of an old vehicle scraping program Contributions to local shuttle services Purchase of clean fuel vehicles for other facilities I• turchase of clean fuel truism buses rurchase of compressed natural gas (CNG) school buses Shuttle service to and from the project site • Provide telecommuting and/or video conference facilities Noise I Construction 5 -163 related noise N1. Construction activities should be limited to weekdays and Saturdays from 7:00 A.M. to 7:00 P.M. No construction activities should occur on Sundays. a. Grading and building plan checks a. Department of Building and Safety a. Prior to issuance of grading and building permits and during construction .e -23- 'i t Env. Issu, Potential EIR Mitigation Measure Significant Page No. Effect Reference Noise Construction 5 -163 N2 Truck noise from hauling operations related noise shall be mini nized through establishing hauling routes which avoid residential areas. The hauling plan must be identified. Noise Construction 5 -163 N3. The Specific Plan shall require the related noise developer(s) to provide staging areas Building and on -site to minimize off -site transportation of heavy construction grading and equipment. Locate these areas to maximize the distance between activity_ and residential areas. Noise Operational ` -1 C ; N4 The Specific Plan shall require the noise I 1--eloper(s) to ensure that wn>uuriwi, i equipment is titted witli modern construction sound- reduction equipment. Noise Operational 5 -164 N5. Additional acoustical analysis noise acceptable to the City shall be submitted by the applicant or developer concurrently with submittal of tentative tract maps for planning area "A ". Dwelling units shall be located in areas outside of the projected 60 dB(A) CNEL noise contour, with appropriate i mitigation. Noise Operational 5 -164 N6. All operations/equipment within the noise future park and outdoor air conditioners, pool or spa pumps in residential areas shall be allowed only Method of Review I Responsible Agency Verification 1 Monitoring Verification of Milestone Com liance Initial I Date I Remarks a. Haul route plant I a. Department of a. Prior to check Building and issuance of Safety grading and building permits and during construction a. Haul route plan a. Department of a. Prior to check Building and issuance of Safety grading and building permits and during construction Trading an Department of a Prior to 11ullding plar ;tuilditta ai�.i I suancc of checks Satety grading and building permits and during construction a. Review of a. Director of a. Prior to acoustical Community approval of analysis and Development tentative tract building plan and Director of map. check Public Works a. Building plan a. Director of a. Prior to check Community issuance of Development building -24- Env. Issu, Potential EIR Mitigation Measure Significant Page No. Effect Reference Method of Review I Responsible Agency Verification -25- b. Building and Safety a. Director of Community, Development a Director of' Community Development and Director of Public Works a. Director of Community Development f Monitoring Verification of Milestone com fiance Initial I Date 7 Remarks b. During construction a. Prior to issuance of building permits a. Prior to approval of tentative tract map and issuance of building permit a. Prior to issuance of grading permits if no City noise standards off -site or on -site for exterior areas are exceeded . b field verification Noise Operational 5 -164 N7. The Specific Plan shall require the a. Building plait noise developer(s) to be in compliance with check requirements of the State of California Office of Noise Control regulations regarding exterior to interior noise reduction, such that no habitable portion of the development would be exposed to interior noise levels greater than 45 dB(A) CNEL as enforced by local governing building and safety departments. Any necessary noise reduction can be achieved through a variety of construction technologies Including, but not limited to, the use of non - standard wall assemblies. I ncorporauon OI attenuation blank-et - inside outer walls, and the use of .louble -pane glass �tiindows. Noise Operational '�-164 and N8 Additional acoustical analysis a Submittal of impacts. 5 -165 acceptable to the City shall be acoustical submitted by the applicant or developer analysis concurrently with submittal of tentative tract maps for planning areas B, C, and D. Dwelling units shall be located in areas outside of the projected 60 dB(A) CNEL noise contour for the proposed extension of Science Drive, with appropriate mitigation. and Use Modification 5 -178 Ll. All development shall conform with the a. Review of to Specific development standards and landscape landscape plan Plan concept plans ultimately adopted or negotiated by the City. Specific Plan to provide separation and buf Brine -25- b. Building and Safety a. Director of Community, Development a Director of' Community Development and Director of Public Works a. Director of Community Development f Monitoring Verification of Milestone com fiance Initial I Date 7 Remarks b. During construction a. Prior to issuance of building permits a. Prior to approval of tentative tract map and issuance of building permit a. Prior to issuance of grading permits i Env. Issue Potential EIR Mitigation Measure Significant Page No. Effect I Reference Method of Review I Responsible Agency Verification Monitoring I Verification of Milestone ComnlinnrP Initial I Date I Remarks -2G- e � �1 between different land uses on site, and the churches along Spring Street and off -site residential uses west of Spring Street. Housing Modification 5 -183 H1. No mitigation measures are required a. Submittal of a a. Director of a. Prior to to Specific or recommended for this topic. copy of the Planning and issuance of Plan. agreement, Community building signed by the Development permits project developer(s) -2G- e � �1 Final Environmental Impact Report CARLSBERG SPECIFIC PLAN AMENDMENT SCH#92061076 Prepared for: City of Moorpark 799 Moorparkc Avenue Moorpark, California 93021 Prepared by Impact Sciences, Inc. 501 Marin Street, Suite 102 Thousand Oaks, California 91360 November 18, 1993 INTRODUCTION L Cartsberq Specific Plan FHR As indicated in California Environmental Quality Act. Public Resources Code section 21082.2.(b), "Statements in an environmental impact report and comments with respect to an environmental impact report shall not be deemed determinative of whether the project may hay e a significant effect on the environment." The required findings of the certifying decision - making body will ultimately determine the significant effects of the project being considered. This Environmental Impact Report (EIR) has been prepared for the City of Moorpark in accordance with the California Environmental Quality Act (CEQA), as Amended, and State and City Guidelines for the implementation of CEQA The Citv of Moorpark Community Development Department, acting as leading agency for this project, has reviewed and edited as necessary the submitted drafts to reflect its own independent judgement to the extent of its ability, including reliance on City technical personnel from other departments. The EIR process completed by the City for the proposed project is is tollows. After review of the Screencheck Draft EIR by the City of Moorpark, the document was circulated to the public and appropriate agencies. The 45 -day public review period closed on luly 6, 1993. In addition to the written comment period, the City of Moorpark held three public hearings before the Planning Commission on August 2, August 16 and September 2, 1993, to take testimony on the Draft EIR tn�m Al interested parties. In addition, the City held tv, o meetings before the City Council to take testimony kTC-i Carlsberg Specific Plan FEIR on the Draft EIR. These hearings were conducted on October 13 and November 10, 1993. During the City Council meeting of November 10, 1993, the public hearing was officially closed. Subsequent to the close of these hearings, the City Council directed staff to prepare the Final EIR. In accordance with the procedural requirements of CEQA, the City Council must review the Draft and Final EIR, as well as all public and agency comments, before certifying the EIR and i or making a decision on the project. This Final EIR is divided into two parts. The first is a response to written comments, while the second is a response to testimony taken at the Planning Commission and City Council hearings. Public comments from the Planning Commission hearings are included, in total, from minutes provided by the City of Moorpark. Summaries of public comments from City Council hearings were derived directly from transcripts pro% ided by the City. RTC -2 Carlsberg Specific Plan FEIR RESPONSES TO LETTERS RECEIVED List of Letters Received The following individuals or agencies submitted letters to the Citv of 'Moorpark regarding the adequacy of the Draft EIR: • c-ounty of Ventura, Public Works Agency • County of Ventura, Resource Management Agency/ Air Pollution Control District • I :ounty of Ventura, Public Works Agency, Water Resources and Development • State of California, Department of Transportation • Mate of California, Department of Fish and Game • i nited States Department of the Interior, Fish and Nildlife Service • Fm ironmental Coalition, Moorpark Branch Responses to Letters Provided below are the responses to the letters received ! regarding the adequacy of the Draft EIR. Each comment is given a number which is located along the right marlin of the letter. Responses are then provided for each comment number. L I RTC 3 TO: f FROM: it COUNTY OF VENTU;L► PUBLIC WORKS AG&NCY Transportation Department MEMORANDUM June 10, 1993 Planning Department W. Butch Britt, Deputy Director SUBJECT: CITY OF MOORPARK CART SBERG SPECIFIC PLAN DRAFT ENVIRONMENTAL MPACT REPORT (DEIR) REF. NO. 90-25. In response to your request for review, we have determined that the subject Draft Environmental Impact Report traffic and circulation section is inadequate. We will address the project's impacts on County roads, the Congestion Management Program and the Regional Road Network. The subject project is estimated to generate Average Daily Traffic (ADT) of approximately 48,500 Vehicles Per Day (VPD), as described on page 5 -73 of the DEIR. Cumulative city development to the year 2010 will generate 358,000 ADT, an increase of 125% over existing conditions, as described on page 5 -102. The DEIR on Page 5 -102 further states that no impact analysis was done for the 2010 buildout scenario. Lack of analysis of the individual and cumulative impacts of the 2010 buildout scenario is a serious deficiency and neglects the impacts on County roads, the Congestion Management Program and the Regional Road Network. County Roads The subject project will increase ADT on Moorpark Road by 1,455 VPD, determined by multiplying trip distribution on Moorpark Road of 3%, as shown on page 5 -90, by total project traffic of 48,500 VPD. This represents an 18% increase in traffic on Moorpark Road due just to this project. Traffic volumes on Moorpark Road will increase from an existing 8,000 ADT, as shown in Figure 23 on page 8 -75, to 10,000 ADT in 1996, as shown in Figure 28 on page 5 -84, based on cumulative city development only to the year 1996. The traffic volumes in the figures are rounded off to the nearest thousand vehicles per day. This level of accuracy is unacceptable. Traffic volume increases and impacts on Level of Service (LOS) on Moorpark Road to the year 2010 are not documented. On page 5 -108 of the DEIR it correctly states "The project's peak hour and ADT traffic volume L increases shown on Moorpark Road south of Tierra Rejada Road would also impact Santa Rosa Road west of the City of Thousand Oaks." Moorpark Road and Santa Rosa Road are eventually planned to be widened from two to four lanes, but these improvements are not funded. K rC-4 i Jul'- lY -.7J 11V11 1 J • JO Z� r r Proposition 111 and other existing funding sources are inadequate to fund these improvements. Traffic projections and LOS for Moorpark Road, Santa Rosa Road, and intersections along Santa Rosa. Road such as at Las Posas Road and Moorpark Road, documenting traffic increases on a project, and cumulative basis for the 1996 and 2010 scenarios, must be provided to an acceptable level of accuracy so that "fair share' fees can be calculated. An agreement must be executed, such as a reciprocal traffic mitigation fee agreement, to define how "fair share" fees will be calculated and distributed to the jurisdiction responsible to construct roadway improvements made necessary by development. The County has reached such an agreement with the City of Oxnard and the City of Agoura Hills and has proposed entering such an agreement with the City of Moorpark. Cougeetion ManaEement Program The project may have sufficient impact to require preparation of deficiency plans for road segments and intersections included in the Congestion Management Program (CMP) Road Network. These are: 1. State Route 118 (Moorpark to SR 34) 2. State Route 23 (Moorpark to SR 101) 3, Intersection of Moorpark and Tierra Rejada Road 4. Intersection of SR 118 and SR 34 5. Moorpark Road terra Rejada Road - Santa Rosa Road) 6. Santa Rosa Road ( Moorpark Road to Camarillo City Limit) 7, Interscction of Santa Rosa Road and Moorpark Road The impact of the project on these segments and intersections must be analyzed. There may be other areas requiring analysis under the CMP. The Ventura County Transportation Commission should be consulted. R onai _Road Network The County's General Plan requires that the County oppose development within cities which would individually or cumulatively cause any existing road within the Regional Road Network to function below an acceptable LOS. The minimum acceptable LOS in the County General Plan (Section 4.2.2.3) are: a. LOS "D" for all Federal highways and State highways, except as otherwise provided in subparagraph. (b); b. LOS W for State Route 33 between the northerly end of the Ojai Freeway and the City of Ojai; C. LOS "C" for all County thoroughfares and County- maintained local roads; and d. The LOS prescribed by the applicable city for all city thoroughfares and city- maintained local roads located within that city, if the city has formally adopted policies respecting discretionary development in the city that would affect the LOS of County thoroughfares and County- maintained local roads. `. According to the LOS monitoring performed for the CMP in 1992, the following segments and intersections will be impacted by this project and are already at unacceptable LOS according to the County General Plan: - RTC- 5 L, d L 1. State Route 23 (Science Drive - SR 101) 2. State Route 101 (SR 23 to L.A. County line) 3. State Route 101 (Del Norte Avenue to SR 126) 4. Madera Road at Los Angeles Avenue 5. State Route 34 at SR 118 6. Tierra Rejada Road at Moorpark Road In addition, the project and cumulative city development ma y g enerate sufficient traffic on SR 118 from Tierra Rejada Road to SR 232 to drop the existing LOS from "C" to "E ". The completion of the SR 23/SR 118 connector is assumed to mitigate the existing LOS "F" on SR 118 from High Street to College View Avenue. The County will take appropriate actions to insure that the impacts of this project and cumulative city development on the County road system, the CMP road network and the Regional Road Network are adequately addressed. Should you need any further information on these comments, please contact Steve Manz at (805) 654 -2045 or Bob Brownie at (805) 654.2080. watraen�a�.x�. _ c: Arthur E. Goulet Robert B. Brownie Steve Manz Fred Boroumand Development and Inspection Services RTC-6 3 L C arl%berR Speciiic PlIan FEIR COMMENT -- COUNTY OF VENTURA, PUBLIC WORKS AGENCY RESPONSE: This letter indicates that the County of Ventura Public Works Agency is concerned with the impact of this project on county roads, the Congestion Management Program, and the impact of this project on the regional road network. The following letter from Austin -Foust Associates, Inc., the traffic engineer for this project, provides responses to the County Public Works Agency's comments. Emphasis has been afforded to identifying this projects' traffic contribution to county roads. The technical means for projecting cumulative traffic at this time is speculative. The County of Ventura is conducting a formal study to determine future traffic volumes on county roads. When complete, this study, in combination with data incorporated as part of this EIR, will allow a factual identification of future traffic volumes and the identification of reasoned mitigation measures. r 1 A TC i. j WAZ(Sr1A(- A0t(ST ASSOCIATZS, INC. f T A/// G eV J/ n Z! V / n v Air D r w.14 N-i r J 4 ^ 4 r/ J .v r L A n' �v / .v J 2020 NOa-11-1 iUSTIN AVENI;_ • SJ,N'A a'�A C,L�iFCRNiA 927., MEMORANDUM TO: Eric Sakowicz. Impact Sciences. Inc. FROM: Joe E. Foust, P.E. DATE: Auguzit 24. 1993 TELEPHONE (711) 667-0496 FAX (714) 667 -7952 SUBJECT: CARLSBERG SPECIFIC PLAN DEIR - RESPONSE TO COUNTY OF VENTURA TRANSPORTATION DEPARTMENT COWNIENTS The text that follows is intended to address all traffic and transportation concerns expressed by the County of Ventura in the Public Works Agency Transportation Department memorandum dated .tune ln. 1493. The traffic analysis carried out for the Carlsberg Specific Plan draft EIR analyzed impacts to the County regional roadway system and the Cong =tion tiianagcment Program (LIMP) Highway network to the best of its ability based on the resources that were available for identifying regional impacts at the time the study was performed. Short -range (1996) cumulative traffic conditions and project impacts within Moorpark's city limits and its sphere of influence were able to be quantified using the City's General Plan traffic mode:. while the City model does provide general estimates of a project's traffic distnbution beyond the City's sphere, it does not have the ability to forecast cumulative traffic conditions on the County or CMP regional roadway system in these areas. The countywide traffic model that ir, currently being Prepared for the Vennira C'ni►nty Transportation Commission (VCTC) will cvcntually be utilLcd to monitor cumulative traffic conditions on the regional CMP network, particularly on County roadways in unincorporated areas. The county is also planning to develop and implement a countywide transportation improvement fcc program- based on cumulative forecasts frorn the VCTC model. This fee program, which is intended to provide funding for otherwise unfunded County roadway improvements required under cumulative traffic conditions, will include specific guidelines for determining a proposed development's fair share financial obligation for funding of Q)unty roadway improvements. A fee program of this type would also act as the improvement funding element in the County's preparation of a deficiency plan as rcquire;d by the Ventura County Congestion Management Program for any County roadway that currently operates or is projected to operate deficiently, In order to satisfy this CWP requirement until such a fee program is in place, the County has been seeking to establish reciprocal traffic mitigation fcc agreements with individual cities. Such agreements hsvc included guidelines as v) th. 'level of County roadway imPact snai)-sis required as R t(' -e Impact Sciences, Inc. August 24, 1993 Page 2 part of a proposed project's t;afEc st,.,dy. For :.amp1c, the rcc:iprccal agreement betti.een the County and the City of G�cnard basically require that zhc traffic study for a proposed development within the City provide the project's impact in terms of ;radio volummes out to the city limits. The County utilizes this information to determine potential project impacts on County roads beyond the city limits and then, working directly with the project applicant. establishes a County roadway improvement fee bas.--d on the project's County roadway impacts. This type of agreement is something for the City of Moorpark and the projoct applicant to consider outside of the EIR process. The EIR traffic study satisfies the CEQA requirement to identify project impacts both within the City of Moorpark and in the surrounding region, and to provide ►mitigation nteasuies that athltms auy JcGcicnoic�, pruj"tW with development of the project. In the case of the CMP regional network, and County roadways adjacent to the City, a general rather than detailed level of analysis was performed due to the lirrstations cited earlier on producing cumulative traffic conditions. Project volumes arc identified in terms of traffic distribution percentages to the regional roadway network (e.g., two percent of project traffic on State Route 118 west of the City of Moorpark, three percent on Moorpark Road south of Tierra Rejada Road. 20 percent on State Route 23 south of Tierra Rejada Road, etc.), and planned regional roadway improvements are cited (e.g., •fidening of State Route 118, ;Moorpark Road, and Santa Rosa Road from two to four lanes) which would address potentiai deficiencies that may be partially attributed to development of the proposed project. The EIR aL -o rccommcn& that the project contribute on a fair share basis to the implementation of such improvements. Tlris would include participation in the cooperative preparation of deficiency plans for County roadways that are impacted by-traffix generated within city jurisdictions. The County would act as the lead agency in the preparation of such plans, and' a detailed traffic impact analysis would be carried out as part of the process to determine the specific types of improvements required for a given roadway and the funding mechanism for implerncntine the improvements. With rcspest to the comments regarding the lack of a year 2010 analysis. of traffic conditions on the County regional roadway system, a year 2010 analysis is not a specific CMP requirement, but also there is no current capability, such as the VCTC counrywide traffic model, for producing 2010 regional roadway traffic projections. A detailed year 2010 analysis of traffic impacts within the City of Moorpark was recently carried out as part of the City's General Plan update. The land use and trip generation characteristics assumed in that study for the Carlsberg site were of the same type and atagaitudu as those analyzed in the Carlsberg Specific Plan draft EIR. The short -range (1996) circulation improvements required within the City of Moorpark as part of the Carlsberg project development represent buildout of the General Plan circulation system in the vicinity of the project site. The short -range mitigation measures are therefore considered appropriate mitigation for the project's long -range (2010) impacts_ Similarly, the types of improvements cited in the EIR for mitigating the project's impacts on County roadways reflect buildout of the Vcntura County General Plan (e.g., four lanes on Moorpark Road and Santa Rasa Road). It is assumed that the traffic demands generated by buildout of the 60 City of Moorpark's General Plan will adequately be served by the County's ultimate roadway system RTC-9 i� i + Impact Sciences, Inc. August 24, 1993 i Page 3 4 L since the City's updated land use plan is oea-rally cozsis:cnt with t:tc County General Plan. Therefore, the project's responsibility for mitigating.�or: -mnge trsfEc impacts on County roadways, as will be agreed upon by the Caz unty, the City. tr `c prcp�ct applicant, are c, nsidered as adequate mitigation for the project's 2010 impacts. RTC -10 3 COUNTY OF VENTURA RESOURCE MANAGEMENT AGENCY /APCD Memcrandum TO: Kim Hocldng, Planning DATE: June 15, 1993 FROM: Brent *kus, APCD SUBJECT: Draft EIR for the Carlsberg Specific Plan (90-25) Air Pollution Control District (APCD) staff has reviewed the subject document and finds the air quality section comprehensive and well written. The District also concurs with the air quality mitigation measures. If planned properly, mixed use developments can realize significant air quality, traffic, and energy efficiency benefits. Mixed -use developments derive these benefits by being more conducive to alternative modes of transportation, thereby resulting in fewer vehicle trips i than traditional multi-use projects. Fewer vehicle trips translates into lower fuel ! consumption levels and air pollutant emissions. Cons-equently, the APCD fully supports the idea of mixed -use development. However, the APCD is not sure that this project, as currently planned, will minimize associated air pollutant, traffic, or energy consumption levels as is possible with mixed use developments. In the District's judgment, the. Specific Plan should minimize vehicular traffic by including easily accessible and convenient commercial uses within the Specific Plan area, and to provide convenient pedestrian and bicycle paths connecting to major uses, such as schools, retail facilities, parks, and transit stations. The following land use recommendations are intended to improve the Specific Plan and to decrease motor vehicle traffic and associated air pollutant emissions from the project: 1) The Specific Plan should be designed so that housing, jobs, daily needs, and other activities are within walking distance of each other. 2) 'Ile Specific Plan should be in a form of a complete and integrated community containing housing, shops, work places, schools, parks, and civic facilities essential to the daily life of the residents. 3) The Specific Plan should contain a diversity of housing types to enable Citizens from a wide range of economic levels and age groups to live within its boundaries. RTC -11 2 1 vV� aJ� JJ S 1 L 1 4 'r-N; LKA U V (J J/ vQ,, 4) The Specific Plan should have a center focus that combines commercial, civic, cultural and recreational uses, and accessible to multiple modes of transit. 5) Streets, pedestrian paths, and bike paths should contribute to a system of Z fully connected and interesting routes to all destinations. Their design should encourage pedestrian and bicycle use by being small and spatially defined by buildings, trees, and lighting. Paths should be removed from streets to increase enjoyment, recreation, safety, and use. , The City of Moorpark has a unique opportunity to develop a "gateway" that would be economically feasible, attractive to the business community, and pedestrian oriented for the residents who wt71 live there. If I can be of further assistance, please contact me at 645.1428. RTC -12 Carlsherg Specific i lAn rEiR COMMENT — COUNTY OF VENTURA RESOURCE MANAGEMENT AGENCY / APCD RESPONSE i 1. This comment indicates that staff of the VCFCD have reviewed the Draft EIR and tj considered it to be adequate and complete 2. Staff of the APCD have made five recommendations that are intended to improve the Specific Plan and decrease motor vehicle use. These comments do not affect the adequacy or completeness of the Draft EIR. However, each of these recommendations should be considered by the City Council prior to making a decision on this project. W IRTC -13 W COUNTY OF VENTURA PUBLIC WORKS AGENCY WATER RESOURCES AND DEVELOPMENT DEPARni fENT MEMORAINDUM June 14, :993 TO: K.IM HOCKING, R1t1A - Planning Division FROM: 41 JOHN TURNER, PWA - Water Resources Division SUBJECT; CARLSBERG SPECIFIC PLAN -REVISED DRAFT EIR, Moorpark, California (reference number 90 -25) A copy of the Carlsberg Specific Plan Rr sed Draft Environmental Impact Report for a 500 acre mixed use development within the City of Moorpark was obtained by our department for review of water related issues. No mention was made anywhere in the document, or the included appendices, as to how the project was to obtain water supplies for initial grading, dust control, construction.' and final long teen supply. Although consistent with the Ventura County Areawide 209 Water Plan, construction of an additional 552 single family residential units, along with commercial retail and park property is a significant potential water user. The change in land use from vacant to urban may alter the topography and recharge capabilities of area groundwater supplies. Much of the property to be, developed will be covered with non - porous surfaces due to building pads, street construction, etS:' causing possible increased runoff and loss of recharge to groundwater supplies. A small portion of the project (in the northwest corner) appears to lie within the boundaries.of the Fox Canyon Groundwater Management Agency. the loss of groundwater recharge in thi, 'area due to construction activity or permanent improvements, should be analyzed. I The Ventura County Water Servicca Division (Waterworks District No. 1) located in Moorpark, .j was contacted by telephone to confirm project water supply sources. We spoke with District Engineer Satya Kama, who confirmed that application for construction of a surface reservoir to store additional supplies for the Moorpark area had already been sent to the State for approval Mr. Karra assured us that the new reservoir would be supplied entirely with imported water purchased from the Calleguas Water District (the local wholesale supplier). This separate reservoir would supply the city of Moorpark via underground pipeline, and hence the Carlsberg project through a supplemental 12 inch diameter line below the turnout connection dedicated solely for the planned project. RTC -7{ 4 0 J JUA—ej—d3 WtU 1O.U0 The RDEIR document should be amended to include water supply details regarding planned water supply. and whether a will-serve letter had been segued from the retail and wholesale water suppliers. Information should be presented to verify that groundwater extractions from the seriously overdrafted North Las Posas groundwater basin will not be increased as a result of the proposed project. Impacts caused by additional amounts of imported water supplies and their effects on local sewage facilities and/or discharge to nearby streams should be presented and analyzed. Additional stream flows usually result when ground surfaces are paved and large amounts of imported water are introduced to an area which previously relied on seasonal rainfall alone. Potential impacts to surface water quality or ,groundwater quality were not presented in the documents that we reviewed Many of the concerns involving water supply, quality, and movement should be covered more fully in subsequent documents, or answered prior to project approval, since they have the potential to become significant. -DP, JT: dp d Mon CARTJMR(id= IRTC -1S Carlsberg Specific Plan EE1R COMMENT -- COUNTY OF VENTURA, PUBLIC WORKS AGENCY, WATER RESOURCES AND DEVELOPMENT AGENCY RESPONSE 1. The agency identified concerns regarding water supplies that are necessary to accommodate initial grading, dust control, construction and long -term project operation. The agency was concerned that the Draft EIR made no mention of these issues. Water use impacts were assessed in the original EIR and as part of the Initial Study prepared by City staff. Those documents identified the amount of water required by the proposed project, f water purveyors, and the ability of those purveyors to supply water to the proposed project. } Information provided as part of those documents indicated that water purveyors have the ability to provide water to all phases of the proposed project, and that there was no potential for a significant impact to occur with respect to the environmental topic of water usage. In concurrence with CEQA guidelines, water use was not made a topic of the Subsequent EIR prepared for this project. L RTC-16 L Slote. of California Business, Transportation and Housing Agency Memorandum To Mr. Russ Colliau ` June 29, 1993 State Clearinghouse °O1e 1400 Tenth Street, Room 121 Sacramento, CA 95814 Fite No.: IGR /CEQA /DEIR City of Moorpark Carlsberg Specific Plan Wilford Melton - District 7 From DEPARTMENT OF TRANSPORTATION Vic VEN- 23— R9.92/ R11.17 VEN 118— R17.49 Subject : Project Review Comments G s SCH Ng, 92061076 Caltrans has reviewed the above referenced p ect which 4 involves an amendment of the approved Specific Pla The- propose amendment would modify; in some cases, the types o es approv for the project site, and the density and /or configu 'fin o ` se uses throughout the site. Based on the information received, and in addition to our previous comments made on July 15, 1992 (copy attached) enumerating items to be covered in this document, we have the following comments: Because the revised DEIR for the Carlsberg Specific Plan shows an increase of approximately 16,824 daily trips, a majority of which will use routes 23 and 118, the City needs to apply its 1992 General Plan provision which stipulates that applicants in Moorpark provide traffic mitigation for impacts to the mainline CMP roadway system. These provisions are as stated in the circulation element Goal 11. this goal reads in part... "provide(s) for the safe and efficient movement of people, foods, & services. Local freeway improvements, and the construction and /or extensions of SR -23 and SR -118 as an arterial roadway or freeway shall be supported by requiring development projects to dedicate R /W, pay a development impact fee, and /or construct certain improvements as determined necessary to avoid significant traffic /circulation impacts." .f A proportional contribution.for the improvements to the mainline CMP Roadway Systems can be used as matching fund leverage in future VCTC 'calls for projects'. An application for state and federal monies for completion of SR -23 and SR -118 would be greatly enhanced if it contained a local match. Additionally,: only short range (year 1996) project impacts and mitigation measures were discussed in the report. The traffic study should analyze future conditions (year 2010), their impact and mitigation measures, specially at the interchange of Moorpark Freeway (SR 23) and Tierra Rejada Road. RTC -17 Russ Colliau page two June 29, 1993 Finall y, any future development which would have a cumulative impact on the State Transportation System should include a traffic analysis of the mainline highway /freeway, affected ramps and 3 intersections, and should also cover mitigation measures. If you have any questions regarding this response, please call me at (213) 897 -1338. f WILFORD ELTON Senior Transportation Planner IGR /CEQA Coordinator Advance Planning Branch cc: Deborah Traffenstedt City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 gg/5076 - K TC 16 Carlsberg Specific Plan i UR COMMENT: CALTRANS l RESPONSE 1. CALTRANS staff have made specific recommendations consistent with a goal of the City of Moorpark General Plan, Circulation Element, that are intended to facilitate roadway improvements (should they be required as part of this project). These comments do not affect the adequacy or completeness of the Draft EIR. However, these recommendations should be considered by the City Council prior to making a decision on this project. Data incorporated as part of the Draft EIR assumed completion of the route 118 /Route 23 connection and did not identify the need for any additional state highway improvements or right -of -way dedications. 2. To adequately and completely assess traffic impacts, the traffic study prepared for this project assessed existing traffic conditions, buildout (Le, 1996) conditions without the project, buildout conditions with the project, and 2010 traffic conditions. 3. Cumulative impacts were assessed as part of the 2010 traffic scenario. This traffic scenario includes projects approved, projects reasonably foreseeable, as well as future growth in the area. Mitigation measures were identified that considered this future, or cumulative traffic condition. W IKTC•19 L STATE OF CAUFORNIA —THE RESOURCES AGENCY PETE WILSON. Ga vrno. DEPARTMENT OF FISH AND GAME 330 GOLDEN SHORE, SUITE SO LONG BEACH. CA 90802 (3 10) 590 -5113 June 30, 1993 Ms. Deborah Traffenstedt City of Moorpark 799 Moorpark Road Moorpark, CA 93021 Dear Ms. Traffenstedt: Draft Environmental Impact Report (DEIR) Carlsberg Specific Plan SCH # 92061076 The Department of Fish and Game (Department) has reviewed the above referenced project, relative to its treatment of biological resources. The DEIR covers 500 acres of largely undeveloped land in the southeastern portion of the City of Moorpark. The project involves amendment of the previously approved Carlsberg Specific Plan (February 1991), and entails permitting residential development at various densities, commercial uses for both business park and neighborhood retail facilities, park and open space uses. The project site contains a diversity of habitats including annual grassland, coastal sage scrub, oak woodlands, vernal pool and riparian areas. The northeastern portion of the project area (Planning Area A) contains critical habitat for two endangered species listed under the California Endangered Species Act, California Orcutt's grass (Orcuttia californica) and Lyon's pentachaeta (Pentachaeta lyonii). Both species are under review by the United States Fish and wildlife Service and have been proposed for federal listing as endangered under the Endangered Species Act. California Orcutt's grass occurs within a vernal pool which constitutes a locally and regionally unique, rare natural community. The vernal pool is incorrectly described as a seasonal pond throughout the document. The Department's Natural Diversity Data Base tracks the status of rare natural communities and has ranked vernal pools as a very threatened resource (State Rank S2.1) . Vernal pools are - ,- ctremely uncommon in arid Southern California. -j� RECEIVE (jr{ f� �J RTC -20 JUL L — 1 199. r N of L100^':« Ms. Deborah Traffenstedt June 30, 1993 Page Two Numerous species of wildlife occur or are expected to occur within the project area. Three state- or federally- listed (including candidates) birds, one mammal and two lizard species were reported onsite in the DEIR. These include Cooper's hawk, Loggerhead shrike, Cactus wren, San Diego black - tailed } jackrabbit, Coastal western whiptail, and Coast horned lizard. The DEIR does not adequately address the impacts on biological resources. Furthermore, the proposed mitigation measures are not adequate and do not lessen the impacts to less than significant levels. The Department recommends that the DEIR not be certified until adequate biological evaluations have been completed and appropriate mitigation and compensation measures have been incorporated into the project design and requirements. Specific comments regarding impacts to biological resources are as follows: Endangered Plants and Rare Natural Communities The Department submitted written comments addressing specific issues relative to the two state - listed endangered plants and associated vernal pool habitat in our letter to the City of Moorpark dated March 12, 1993 (enclosed). This letter described the ecological, local and regional signf icance of these unique and irreplaceable biological resources located in the northeastern portion of the Carlsberg Specific Plan Area. The Department indicated in our March 12, 1993 letter, that the applicant is required to obtain a permit under section 2081 of the Fish and Game Code. The permit is required because the proposed project is likely to affect the habitat of two state - listed endangered species. The Department received a Rare Plant Management Plan dated February 11, 1993 and met with the applicant's consultants, on February 12, 1993, to discuss the plan. As we noted in our March 12, 1993 letter, the uniqueness of these resources requires a mitigation strategy of full onsite avoidance. The DEIR has not incorporated our concerns and mitigation requirements into the proposed action. The Department contends that the proposed mitigation strategies will result in significant adverse impacts to the endangered species and vernal pool habitat. We do not concur with the DEIR's assertion that impacts to these resources would be fully avoided and mitigated to less significant levels. Development of over 100 single family homes in Planning Area A will significantly and adversely affect the endangered California Orcutt's grass, Lyon's pentachaeta and vernal pool to habitat. Mass grading, road construction, housing construction, RTC 21 2 3 Ms. Deborah Traffenstedt June 30, 1993 Page Three site occupancy and fuel modifications will cause massive alterations of the watershed for the vernal pool, loss of associated upland habitat utilized by wildlife species, and will result in both direct and long term degradation of the habitat for these endangered species. The proposed 15 acre "preserve" does not adequately protect 3 the vernal pool watershed and ecological integrity of the endangered species habitat. The proposed buffer, ranging from zero to 50 feet, is inadequate for the purposes of protecting the critical habitat affected by this project. Full protection of the vernal pool's watershed is necessary and should be included within the preserve area. A substantially increased buffer of at least 250 to 300 feet is needed to protect the remaining habitat areas from development - related impacts. Fuel modifications are typically required when. building adjacent to wildlands. Impacts from fuel clearance to open space -and endangered species habitat are not disclosed or discussed. Fuel modifications must take place entirely outside the endangered species preservation and buffer areas. The proposal to create an entirely artificial hydrological regime of gutters and pipes to maintain inflow to the vernal pool habitat is unacceptable. The DEIR and attached hydrological report do not provide adequate information or assurances that this scheme would be effective in maintaining existing hydrological conditions necessary for the perpetuation of the Orcutt's grass and associated vernal pool biota. The existing natural watershed of the pool is not identified. Should the proposed experimentally- created, artificial watering regime fail, the irretrievable loss of Orcutt's grass and the vernal pool could occur. The Department cannot support adoption of an experimental mitigation strategy for habitats of this complexity and when listed species of this importance are involved. The mitigation needs to be modified such that the naturally occurring watershed and hydrological integrity of the vernal pool is maintained; this is included under Alternative 3 of the DEIR. It should be noted that the Lyon's pentachaeta population was identified in surveys conducted in 1990 during the fourth year of a drought. Because this is an annual species, its populations and occupied habitat tend to fluctuate from year to year based upon rainfall and other climatic factors. The Mitigation Plan map "estimates" the species' location, and the proposed preserve does not provide adequate habitat and buffers to accomodate fluctations and expansion of the population. LThe DEIR proposes to revegetate cactus within the watershed of the vernal pool and adjacent to Lyon's pentachaeta habitat RTC-22 Ms. Deborah Traffenstedt June 30, 1993 J Page Four within the proposed preserve area. These activities will cause ground disturbance and require activity which is not appropropriate for a preservation area and should be directed elsewhere in appropriate open space areas. Cactus revegetation near the Lyon's pentachaeta will also reduce the amount of potentially suitable habitat for this species. The Biota Section does not include information on the invertebrate fauna typically associated with vernal pools of this size and depth. The Department requested, in our March 12, 1993 g letter, that surveys be conducted to identify onsite fairy shrimp populations, since several of these species have been proposed # for Federal listing under the Endangered Species Act. Mitigation Measure B3 would allow the introduction of mosquitofish to the vernal pool. Since the invertebrate fauna of 9 vernal pools has not developed in the presence of fish and would be consumed by them, mosquitofish should not be used. 'Instead, mosquito control should rely upon use of larvae - specific bacteria. i The vernal pool provides extremely valuable habitat for i waterfowl. Ducks and geese and other waterfowl have been observed extensively onsite. The DEIR fails to acknowledge the to 4 V value of this resource which is extremely unusual in southern California. At least 250 to 300 feet of buffer is needed to prevent disturbance of waterfowl Oak woodlands are also a rare natural community that is both locally and regionally significant in Southern California. Table 5 indicates that 34V of the oak woodland would be eliminated and no mitigation or compensation is proposed for these losses. The Department recommends that onsite oak habitat be fully protected from project impacts and that wildlife access and use be 1 maintained. Movement corridors between open space areas and ` adjacent habitat areas are needed. Unavoidable impacts to oak woodland need to be compensated through permanent protection of comparable offsite habitat at a ratio of at least 3:1. Mitigation lands should be protected through a conservation easement or fee title transfered to the Department or our designated agent. Streambed Alterations The DEIR contains little information regarding impacts to stream channels. Only three stream channels are shown, and many of the graphics showing topographic features are difficult to �L read. The Mitigation Plan map detailing lots and the proposed endangered plant preserve show a stream in the northern portion of the property which would be largely eliminated by grading and RTC -23 { Ms. Deborah Traffenstedt June 30, 1993 Page Five lots. This information suggests that the document has not adequately disclosed impacts to stream channels under Department jurisdiction. The Department opposes the channelization or significant alteration of stream channels which would reduce their value for wildlife. The project will require a Department of Fish and Game Streambed Alteration Agreement under Section 1600 of the Fish and Game Code. Additional mitigation measures and modifications to the project design may be required through this process. Department jurisdiction is not limited to blue line streams and may apply to intermittent or ephemeral channels. The applicant needs to notify the Department in writing of their need to obtain a 1600 permit. Alternatives Analysis Alternative 3 is the only alternative which would provide an - acceptable level of protection for the two endangered species and vernal pool habitat. The Department urges the City of Moorpark to adopt Alternative 3, with two modifications: 1) an additional buffer of 250 -300 feet between the Lyon's pentachaeta habitat and any construction or fuel modification areas; and 2) require permanent protection through a conservation easement to the Department or our designated agent, for those portions of the open space containing endangered species habitat, the vernal pool watershed, and habitat for wildlife Species of Special Concern. A Homeowners Association is not an appropriate entity for managing open space for wildlife and endangered species habitat. The Department has experienced a long history of problems with Homeowners Associations and finds we are generally unable to enforce environmental protection responsibilities. Open space areas, wildlife and endangered species habitat may require active management and monitoring over the life of the project. Management and monitoring should be provided for through transfer of conservation easements to organizations who specialize in this area. It should be noted that it is the applicant's responsibility to adequately mitigate development impacts, including obtaining fee transfer or conservation easements for mitigation areas and endangered species habitat. It is not the Department's responsibility to purchase mitigation lands as described in the Impact Sciences Mitigation Plan and DEIR. Endangered Species Permit L The proposed project and Alternatives 1 and 2 all have the I potential to adversely affect two listed endangered species, both' I RTC 24 t1� I'll Ms. Deborah Traffenstedt June 30, 1993 Page Six during construction and over the life of the project. The Department would, therefore, require a 2081 permit under the �y California Endangered Species Act. Should any of these alternatives be selected, extensive project redesign and costly additional compensation and time delays could occur in order to _ assure that project impacts are fully mitigated. d W Alternative 3, modified as we have described above, is the only alternative acceptable to the Department, and would eliminate the need -to obtain a 2081 permit. We urge the City of Moorpark to adopt Alternative 3 with the two modifications we have suggested, as this offers a reasonable and feasible alternative and protects the unique biological resources found here. If you wish to discuss these issues further, please contact Mary Meyer, Plant Ecologist at (805)640 -8019, Morgan Boucke, Wildlife Biologist at (805)649 -1951, or Ken Wilson, Environmental -Specialist III at (805)964 -8849. Enclosure CC: see attachment RTC -]s S' erely, i Fred Worthley Regional Manage Region 5 4 Ms. Deborah Traffenstedt June 30, 1993 Page Seven Ms. Cat Brown U.S.Fish and Wildlife Serrv;:e Ventura, California Ms. Susan Cochrane, Chief Natural Heritage Division Sacramento, California Ms. Sandra Morey Endangered Plant Program Sacramento, California Mary Meyer Plant Ecologist Ojai, California Morgan Boucke Wildlife Biologist Ken Wilson Environmental Specialist III Santa Barbara, California Glenn Black Natural Heritage Long Beach, California State Clearinghouse IRTC -26 Carlsberg specific Plan FEIR COMMENT: CALIFORNIA DEPARTMENT OF FISH AND GAME RESPONSE: 1. The Department has identified that a vernal pool associated with Planning Area A provides critical habitat for the endangered Lyons pentacheata and the California Orcutt grass. The location of these plants and information regarding their sensitivity was identified and described in the Draft EIR. The Draft EIR and testimony provided at public hearings emphasized the fact that vernal pools are uncommon in southern California, that the rarity of sensitive plants that occur on or near the vernal pool was an important consideration, and that the pool area is used by local wildlife. The Department letter also identifies other sensitivities that were defined as part of the Draft EIR (i.e., several sensitive animals). It is assumed these comments were intended to further illustrate the sensitivity of the site and, in particular, the vernal pool. 2. The Department indicates that the Draft EIR does not adequately address the impact of this project on biological resources. The assessment of the biological impact potential of this project was substantial. Extensive field investigations were conducted by Impact Sciences, Inc. As part of those field investigations, the vernal pool was identified and was made a focus topic of this project's environmental review and decisionmaking process. This importance has been documented in many ways including: (1) the identification of the importance of the pool and it's associated vegetation; (2) the development of a detailed mitigation plan for the protection of the pool and the associated vegetation; (3) discussions with the project applicant that resulted in a modification of the project to account for the sensitive resources; (4) the recommendation of additional mitigation at the request of Impact Sciences, Inc. and City staff; (5) providing the Commission and others substantial information at past hearings regarding the importance of the pool, the two rare plants and the associated habitat; and (6) incorporation of an alternative specifically designed to allow for preservation of the pool and it's entire watershed consistent with Department objectives. In summary, Impact Sciences, Inc. and the City of Moorpark have made every effort to inform the Commission and City Council of the sensitivity of the site, and vernal pools such is those that occur on -site. 3. The Department has indicated that a mitigation strategy of full avoidance is required, and that the mitigation strategy suggested in the Draft EIR is not adequate to mitigate the adverse impacts of this project to insignificant levels. To respond to this issue, and in conformance with Department requests, an alternative that preserves the vernal pool and it's entire watershed in open space was incorporated as part of the Draft EIR. During Planning Commission hearings regarding this project, City staff and Impact Sciences, Inc. fully disclosed to the Planning Commission that preservation of the pool and it's entire watershed (Alternative 3) was preferred by CDFG, and that the mitigation plan provided in the Draft EIR was not adequate mitigation in the eyes of the Department. 4. No fuel modification plans are propot -ed to occur within the mitigation area. 5. A principal focus of the Rare Plant Management Plan was to account for the existing hydrologic regime. To ensure that no net change in the amount of water being directed to the pool would occur, extensive investigations were conducted by engineers and biologists experienced in wetlands identification and wetlands restoration plans in other areas of southern California. These investigations identified the size of the watershed and it's hydrologic characteristics. Further, an important criterion was that no water be directed to the pond that had the potential to be contaminated via an urban setting. The net result of these investigations was a plan that resulted if, no change in watershed area, and a conveyance IRTC -27 { Carlsberg specific Plan FFIR system that did not incorporate water from the adjacent urban area. Although this system has not been designed at this time, feasibility studies have been conducted and preliminary plans developed. The result was a system of drains normally used in subdivisions to transfer water from one location to another. Engineers indicate the drainage system proposed is not complex, similar systems are common as part of development projects, and the system cannot be considered experimental and has little potential for failure. 6. Several surveys were conducted on the project site in 1993 to identify the location of Lyon's pentachaeta. The aerial extant of the plant observed during these field investigations was 1 consistent with the findings of previous investigations. The open space area proposed as part 1 of the Rare Plant Management Plan is based on these observations. 7. Cactus revegetation is not required at this time. The mitigation measure was suggested as part of the Draft EIR and has been agreed to by the project applicant. It is their intention to involve CDFG in the revegetation process and the Department's suggestions regarding the location of the revegetation plan will be considered. Locations shown in the Draft EIR take into consideration soil type and slope, and were suggested by a professional botanist who has been involved with several successful revegetation plans at other locations. The impact of this revegetation plan on Lyon's pentachaeta is important and will be considered as final plans are developed. 8. Invertebrate surveys were suggested to the project applicant and to the City. ,The applicant elected not to authorize these surveys as it was their opinion that the avoidance plan incorporated as part of their project eliminated any direct impact to the pond. Therefore, the applicant believed no surveys were required and none were authorized. 9. This comment is acknowledged and the Department's suggestion will be incorporated as an option to Mitigation Measure B3 in the project's staff report. It should be noted that representatives of the mosquito abatement district have indicated that mosquito fish have been used to control mosquitos in the pond for many years. 10. The Draft EIR indicates that when water occurs in the vernal pool, it is used by waterfowl. The Draft EIR, and additional information provided during the Planning Commission hearings, also indicates that when the vernal pool exists on -site, other large, temporal water bodies occur in the area that are also used by wildlife. Wetland areas that can be used by wildlife are important biological features, and protection measures are valuable. The City Council has the option of increasing the buffer area consistent with Department recommendations (i.e., from 100 to at least 200 to 300 feet). 11. This comment is acknowledged. Addition mitigation measures as recommended by the Department will be incorporated as an option to mitigation measures already identified as part of the Draft EIR. A mitigation measure will be added to the staff report that requires oak tree replacement consistent with the City's current tree ordinance. 12. No grading plan has been developed that permits the assessment of this project's impact on "Waters" or "Special Aquatic Sites." Permiture required by the United States Army Corps of Engineers will be made a condition of approx al prior to grading in affected areas. 13. All necessary permits required by the Department of Fish and Game will be made conditions of project approval prior to grading operations in affected areas. 14. This comment is acknowledged. Also, reference earlier responses to California Department of Fish and Game comments that define the Department's preference for a modified LAlternative 3 as the best means for resource I rotection I RTC 28 Carlsberg Specific Plan HAR 15. As stated, all necessary permits required by the Department of Fish and Game will be made a condition of project approval prior to grading operations in affected areas. 16. This comment is acknowledged. Also, reference earlier responses to California Department of Fish and Game comments that define the Department's preference for a modified Alternative 3 as the best means for resource protection. W IK TC -29 L t Lrnited Sates Department of the Interior FISH A-ND 1A1LDL1F Z SER14CZE ECOLOG11CAL SEtY1CIES 'd Offixt 2140 Easanan Alt-nue, Suite 100 Vznrura, C.:l:formia 93-W3 July 16, 1993 Deborah Traffenstedt City of Moorpark 799 Moorpark Road Moorpark, California 93021 Subject: Draft Er.-= ironmental impact Report for the Carlsberc Specific Plan Dear Ms. Traffenstedt: The U.S. Fish and Wildlife Service (Service) has examined the subject document, which analyses the environmental effects of a proposed residential and commercial development in the City of Moorpark, Ventura County, California. We are unable to provide comments to you regarding this project because of staff shortages and budget limitations. The primary concern of the Service is the protection of public fish and wildlife resources and their habitats. Our mandates require that we provide comments on any public notice issued for a Federal permit or license affecting the Nation's waters, in particular, U.S. Army Corps of Engineers (Corps) permits pursuant to Section 404 of the Clean Water Act (Federal Water Pollution Control Act, 33 U.S.C. 1251 -1376) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). In addition, the Service administers certain portions of the Endangered Species Act of 1973 (16 U.S.C. 1531 -1544, 87 Stat. 84), as amended. The proposed project site contains populations of two species of plants that the Service has proposed as endangered: California orcutt's grass (Orcuttia californica) and Lyon's pentachaeta (Pentachaeta lyonii). We urge you to coordinate with the Service to avoid impacts to these plants in the final design or the proposed project. This letter does not constitute Service approval of the proposed action. We wish to- remind you that although we are unable to provide more detailed comments at ti:is time, your agency must still comply with laws and regulations administered by other Federal agencies, and with applicable laws and regulations of the State of California. RECEIVED N TC•l(1 JUL 41993 IDeborah Traffenstedt 2 I If you have any questions regarding these co=ents, or wish to ►► request t-he assistance of t_he Service, please contact Ms. Cat f Brown of my staff at 805/644 -1766 4 Sincerely, 61 Craig Faanes Field Supervisor RTC-31 Carlsberg Specific Plan FFIR COMMENT: UNITED STATES DEPARTMENT OF THE INTERIOR; FISH AND WILDLIFE SERVICE RESPONSE 1. Comments provided by the Fish and Wildlife Service do not affect the adequacy or completeness of the Draft EIR. It should be emphasized that the project will be conditioned to obtain all required permits from the Corps of Engineers, the United States Fish and Wildlife Service and other state or federal agencies as required. L IRTC -12 ENVIRONMENTAL r COALITION* MOORPARK BRANCH August 4, 1993 ! I& Jaime A&Icra Director of Community Development City of Moorpark 799 Moorpark Road Moorpaz CA 930:.' 1 loft IRe: Draft Exiroamenrai Impact Report (DER), Carlsberg Specific Plan SCH # 42061076 Dear Mr. Aguilera, The Environmental Coalition- Mcc irl• Bramh (EC-MB) is concerned with the adequat -fy' of DER with respect to the vernal pool , the endangered species, and other biological resources. Listed under the California Endangered Species Act, the California Orcutt's grass and the Lyon's pentachaeta, are extremely uncommon on this planet and should be treat*i with great care. The Planning Commicdon and the City Staff, w-horn are cm- gently reviewing the proposed project, need to understand that they can protect these resources from the design of the proposed project_ Presently, we believe the vernal pool and the endangered species are being overlooked as mere midgwou pmbicazs and have not been fully examined. The DER needs to explain bow Lhe proposed development Rill impact the renal pool watershed., if the impacts are not aveaded it will lessen the chances of survival of the endangered plant, in perpetuity. The watershed needs to be identified. The DEIR needs to list all of the species that live in and around the vemal pool . Also, how will the unknown impacts form the run - off. which will come from gutters and pipes for the water inflow system, impact the pool? On August 4, Janet Murphy (EC -MB, president) talked with Mary Meyer, Plant Ecc4ogist for California Deparanent of Fish and Game (CDF &G), Meyer stated that her department has not been consulted regarding the mitigation plan or project design since their response letter that the city had received on July 7, 1993. We rerornmend that the city staff address and incorporate CDF &G concerns before further action is taken in approvalfplannina processes. Furthermore, the 1 R1 C-33 POST OFFICE BOX)P% • MOORPARK, CA 93020 1 4 L 2 of 2 EC -MB a&r= with the CDi= &G letzcr, and the rm- rnmendazon for a lter.-�ative 3 with the two modifications 1) an additional buffer of :50 -: Kp feet between the Lycn's pemachacta haciraz and any cousm=on or fuel modification arras; and 2) require permanent or a designated agent, for thost poracas of the cgcn space ccntainiag endangered Species habitat, the vernal pod watched, and habitat for wildlife Sp=es of Special Concer;r Please consider our comments toward this DEIP, and any fur-ther concerns that we will address at future dazes. Sincerely, Janet M. Murphy, president -C , r Elizabeth C. Haynes, vice - president ca Mary Meyer (Department, of Fish and Cramc ), U.S. Fish and Wildlife Service, Ms. Sandra Moray ( Endangered Plant Progam), California Native Plant Society:. Eavironmental Coalition of Ventura County IRT( •3/ w Carlsberg Specific flan FEiR COMMENT: ENVIRONMENTAL COALITION; MOORPARK BRANCH RESPONSE: The Coalition's comments focus on the sensitivity of the vernal pool and the sensitive biological resources present in or near the pool. These comments are similar to those identified by the California Department of Fish and Game. To respond to concerns of the Environmental Coalition, please reference responses to California Department of Fish and Game comment numbers 2 and 3 (page RTC -27) KTC -3S L Carlsherg `Fe-fic flan FFIR RESPONSES TO VERBAL COMMENTS List of Commentors Fhe rollowing individuals spoke at the various Planning Commission and/or City Council hearings: Planning Commission Hearing — August 2,1993 Mark Westerline Sameerah Mateen Marjorie Blve Dan Nallman Planning Commission Hearing — August 16,1993 Mary Mevers Jackie Gillford D.in vVallman Janet Murphy Glen Ingel Manorie Blve Planning Commission Hearing — September 7,1993 '�1argaret Kurnig Beverly Harri> .Marjorie Blye Janet Murphy P,ft 1'�asso Floi�e Brown City Council Hearing — October 13, 1993 lohn Newton tiandv Brown l om Piehn RTC-36 } Carlsberg Specific Plan FFIR Pat Basso Francis Okvere Barbara Loczi Path Waters Tom Ouffv Dan Waltman Kevin Mock Jim Stueck City Council Hearing — November 10, 1993 Lynn Crockatt Margaret Kurnig Janet Murphy Dan Wallman Roseanne Mikos Responses to Verbal Testimony Provided below are the responses to the testimony received as part of the Planning Commission and City Council hearings. In each case the verbal testimony is summarized. Following this summary, a response is provided. RTC -37 Carlsberg Spectftc Man f RR j RESPONSES TO VERBAL TESTIMONY _ } IPlanning Commission Hearing -- August 2, 1993 Mark Westerline -- Moorpark Mosquito Abatement District Manager, Mark Westerline was concerned with maintenance and access issne!, related to the pond area within the Specific Plan. RESPONSE: Mr. Westerline's comments focused on the following topics; (1) that the Mosquito Abatement District has historically and is currently implementing mosquito control measures on the pond site; (2) the principal measure used to control mosquitos was with mosquito fish; and (3) access would be required to continue mosquito abatement. It was acknowledged that access would be provided to the pond for mosquito :ontrol. This information is acknowledged and is part of this Final EIR. Sameerah Mateen -- Ms. Mateen requested that the Consultant for the project identify Caltrans concerns related to mitigation measures for; 1) directed Caltrans roadway; 2) developer improvement fees; and 3) the fmpa, t to the Year 2010. RESPONSE: Ms. Mateen's comments were read from a letter prepared by CALTRANS. That letter, as well as a response, is incorporated as part of this Final EIR (page RTC -19) in the response to written comments section. For a <()mplete response to Ms. Mateen's comments, please reference responses to the letter from the St,ite of California Department of Transportation. Marjorie Blye -- Ms. Blye stated that her residence is immediately west and adjacent to the proposed Specific Plan. Her concerns Ater., that the viewshed be preserved, excessive truck traffic, the number of dwelling units, >tarti�,top hours of construction, that Science Drive be completed and used as a main access dunn� construction phase in order to mitigate noise and traffic concerns. RESPONSE: Ms. Blye's comments focused on a variety of issues associated with the design of the proposed project and it's impact potential to the City of Moorpark and the adjacent residents. Ms. 131ye's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is propwed or required as directed by the California Environmental Qualitv Act or the implementing Guidelines- 6 t (TC -M Carlsberg Specific P!an FFIR 1 Dan Wallman -- Mr. Wallman was concerned with the number of homes that would be built on the ridgeline near Spring Road. He suggested that the Commission consider moving the homes back to hide them from the adjacent residents As they are viewed from Spring Road only, not i from the existing residences. RESPONSE: Mr. Wallman's comments focused on ridgeline development associated with Area "D" of the amended Specific Plan. Mr. Wallman's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. IN IK TC-39 Carlsberg 5pm is "Ian FiR # Planning Commission Hearing -- August 16, 1993 Mary Meyers -- Ms. Meyer's clarified Department )f Fish and Game concerns as outlined in their letter of June 30, 1993 and March 12, 1 -1.3. I-he Commission concurred to accept additional information provided by Ms. Meyer's. Ms. Meyer's stated her recommendations to the Commission in an effort to protect the undeveloped land in the southeastern portion of the city limits. Her recommendations included, that Alternative 3 be adopted which would provide for an acceptable level of protection for the two endangered species anti vernal pool habitat. A modification to Alternative 3: 1) by establishing an additional buffer of 250 -300 feet between the Lyon's pentachaeta habitat and any construction or fuel modification areas; 2) to require permanent protection through a conservation easement :o ti,e Dgartment or designated agent, for those portions of the open space containing endangered species habitat, the vernal pool watershed, and habitat for wildlife species of special . or?; ern. Ms ;%leyer's concluded with a statement to the applicant that the Department of Fish an4 Game has the authority to require a permit for this purpose from the applicant. RESPONSE: Ms. Meyer's comments were summarized from a letter prepared by Ms. Meyers for the State of California Department of Fish and Game. That letter, as well as a detailed response is incorporated as part of this Final EIR in the response to written comments section (pages RTC -27 through RTC -29). For a complete response to Ms. Meyer's comments, please reference the letter and it's associated response to California Department of Fish and Game. Jackie Clifford -- Opposed to the specific plan development. RESPONSE: As stated, Ms Clifford indicated that she was opposed to the Specific Plan for several reasons. Ms. Clifford's comments did not focus on the adequacy or completeness or adequacy of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Qualitv Act or the implementing Guidelines. Dan Wallman -- Opposed to the specific pian development. RESPONSE: Mr. Wallman's comments fo( used on ridgeline development associated with Area LD of the amended Specific flan. Mr. Walls an's comments did not focus on the adequacy or (TC-40 ( arlsherg Specific flan FEIR completeness or adequacy of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. Janet Murphy -- Opposed to the specific plan development as proposed. Supports Fish & Game recommendations. RESPONSE: Ms. Murphy's comments were summarized from a letter prepared by the Environmental Coalition, Moorpark Branch. That letter, as well as it's response is incorporated as part of this Final EIR in the response to written comments section (page RTC- 35). For a complete response to Ms. Murphy's comments, please reference responses to the letter from the Environmental Coalition, Moorpark Branch. Glen Ingel -- Opposed to the specific plan development. Mr. Ingel commented that City staff reconsider the placement of public hearing signs. In this particular case the public hearing sign was not accessible to Mr. Ingel. RESPONSE: As stated, Mr. Ingle indicated that he was opposed to the Specific Plan for several reasons. Ms. Ingle's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. Notice of public hearings on the project were conducted in conformance with state law. The City of Moorpark is currently reviewing the positioning of signs on the site so that signs are most visible to the surrounding public. Marjorie Blye -- Supports Fish & Game recommendations. Opposed to the specific plan development as currently proposed. RESPONSE: The California Department of Fish and Game has indicated that Alternative 3 as identified in the Draft EIR would have the least impact on biological resources present on the proposed project site. Ms. Blye supported this land use alternative that would preserve the pond and the surrounding watershed. Ms. Blye's other comments focused on a variety of issues associated with the design of the W proposed project and it's impact potential on the City of Moorpark and the adjacent residents. IRTC -i1 r L Carlsberg Specific Plan MR Ms. Blye's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the Califomia Environmental Quality Act or the implementing Guidelines. RTC -a2 carlsberq Specific flan FUR Planning Commission Hearing -- September 7, 1993 Margaret Kurnig -- Ms. Kurnig representing the Environmental Coalition addressed her concerns to the Commission in a letter dated September 7, I993. Mrs. Kurnig's only additional comment was that she supported the comments made in a letter addressed to the City of Moorpark (by the CDFG) dated June 30, ; x)93 RESPONSE: As stated, Ms. Kurnig addressed the Commission regarding the sensitivity of wetlands that occurred on the site and the protection of sensitive biological resources. Ms. Kumig's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. Letters referenced by Ms. Kurnig are avialable for review at the City of Moorpark City Hall (799 Moorpark Avenue). Beverly Harris -- Ms. Harris commented on the fact that the Carlsberg Specific Plan was a well known issue. That in the year 1990 she and the homeowners association voiced their opinion to the City Council requesting (-, )nsideration of the preservation of Moorpark's open space areas. RESPONSE: Ms. Harris's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. Marjorie Blye -- Ms. Bl ye said that the public hearing sign indicated a July 19th hearing date and may have been a reason that the public varticipation was low. She suggested that public hearing signs be placed at Spring Road and Christian Barrette. RESPONSE: Ms. Blye's comments did not focus on the adequacy or completeness or adequacy of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. Notice of public hearings on the project were conducted in conformance with state law. The City of Moorpark is currently reviewing the positioning of signs on the site so that signs are most visible to the surrounding public. In Ik TC-I 3 Carlsberg Specific Plan FF.IR I Janet Murphy -- Ms. Murphy representing the Environmental Coalition read from a written statement dated September 7th. RESPONSE: Ms. Murphy addressed the Commission regarding the sensitivity of wetlands that occurred on the site and the protection of sensitive biological resources. Ms. Murphy's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. The letter referenced by Ms. Murphy is avialable for review at the City of Moorpark City Hall (799 Moorpark Avenue). Pat Basso -- Ms. Basso said that the people affected by this development were unaware of the public hearing due to poor noticing procedures. Her second concern was that the Commission required that dwelling units to be built on tke Spring Road ridgeline be built on the easterly portion of that ridgline. RESPONSE: As stated a portion of Ms. Basso's comments focused on ridgeline development associated with Area D of the amended Specific Plan. Additional comments focused on signing associated with the notice of public hearing. Nis. Bassos's comments did not focus on the adequacy or completeness of the Draft FIR Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. Eloise Brown -- Ms. Brown commented on the City's Government Channel 10 and provided information as to when City Council and Plannrng Commission meetings were broadcasted. RESPONSE: Ms. Brown's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. L IKTC-44 Carlsberg Specific ('Inn V IR City Council Hearing -- October 13, 1993 John Newton -- Indicated support for the prniect. Response: Mr. Newton's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing; Guidelines. Sandy Brown -- Indicated support for the project. Response: Ms. Brown's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing; Guidelines. Tom Piehn -- Indicated support for the pro)c( t. Response: Mr. Piehn's comments did not focus on the adequacy or completeness of the Draft EIR. 1 Therefore, no further response is proposed or required as directed by the California 1 Environmental Quality Act or the implementing; Guidelines. Pat Basso -- Indicated reservations regarding the project. Ms. Basso was concerned with the traffic generated by the project particularly near the proposed middle school. In addition she was concerned with hillside and ridgeline de:7elopinent, affordable housing, the project's visual impact and the density of the twin ,s Response: Ms. Basso's comments did not focus on the adequacy or completeness or adequacy of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing; Guidelines. Francis Okyere -- Indicated support for the vrolet t. Response: Mr. Okyere's comments did not locus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing; Guidelines. Barbara Loczi -- Indicated support for the project. I(TC -a 5 Carlaherq ?pectic flan FF.IR Response: Ms. Loczi's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Qualitv Act or the implementing Guidelines. Patty Waters -- Indicated support for the project. Response: Ms. Water's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. Tom Du -- Indicated support for the croiet t Duffy YY 1 Response: Mr. Duffy's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Qualitv Act or the implementing Guidelines. Dan Wallman -- Mr. Wallinan was concernet with the number of homes that would be built on the ridgeline of Spring Road. He suggestea that the Commission consider moving the homes back to hide then from the the adjacent residents. As they are viewed from Spring Road only, not from the existing residences. RESPONSE: Mr. Wallman's comments focused on ridgeline development associated with Area D of the amended Specific Plan. Mr. Wallman's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental QUAity Act or the implementing Guidelines. Kevin Mock -- Mr. Mock was concerned with the number of homes that would be built on the ridgeline of Spring Road and the visibility of 'he project from his home. In addition, Mr. Mock had concerns regarding traffic safety and •racirc congestion. RESPONSE: Mr. Mock's comments focused on ridgeline development associated with Area D of the amended Specific Plan. Regarding this Issue, Mr. Mock's comments did not focus on the adequacy or completeness of the Draft FIR Therefore, no further response is proposed or required as directed by the California I ovironmental Quality Act or the implementing LGuidelines. I KTC46 Carlsberg Specific Plan FFIR Regarding the issue of traffic, subsequent to project mitigation all roadways would operate at acceptable levels of service. In addition, all roadways are designed in accordance with the the most current traffic engineering standards to reduce or eliminate traffic safety concerns. Jim Stueck -- Indicated support for the protect Response: Mr. Stueck's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. IRTC •4' Carlsberg Specific flan FFIR City Council Hearing -- October 13, 1993 Lynn Croekatt -- Indicated support for the project Response: Mr. Crockatt's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. Janet Murphy -- Ms. Murphy identified the sensitivity of the vernal pool and the sensitive biological resources associated with the pool urea. Ms. Murphy also indicated that 34 percent of the oak trees on the site would be rernoz,ed RESPONSE: Ms. Murphy addressed the Council regarding the sensitivity of wetlands that occurred on the site and the protection of 7ensitive biological resources. These comments have been addressed in most detail in a response to a California Department of Fish and Game letter dated June 30, 1993. For further information please reference page number RTC -27 of this Final EIR, response numbers 2 and 3. These responses identify potential impacts to the vernal pool, the sensitivity of the pool and the area, biological resources, and the endorsement of alternative 3 by the California Department of Fish and Game. Ms. Murphy also stated that the EIR indicated a loss of 34 percent of the ()ak trees on the site. The EIR did indicate a loss of 34 percent of the oak tree habiatat on site However, quantification of loss of oak trees was not a requirement of this EIR. Ms. Murphy ; k omments provide information to the process and should be considered carefully by the ( it\. Council, but do not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental )LIality Act or the implementing Guidelines. Margaret Kurnig -- Ms. Kurnig representtnq the Environmental Coalition also identified the sensitivity of the vernal pool and the sensitive biological resources associated with the pool area. Ms. Kurnig also indicated that :rrrd abaternent would be required in the 15 -acre preservation area and would be an additiona impact to the vernal pool. RESPONSE: These comments have been addressed in most detail in a response to a California Department of Fish and Game letter dated June 30, 1993. For further information please reference page number RTC -27 of this Final EIR, response numbers 2 and 3. These responses identify potential impacts to the vernal pool, the sensitivity of the pool and the areas Lbiological resources, and the endorsement of Aternative 3 by the California Department of Fish RTC -48 Carlsberg Specific Plan FEIR and Game. Ms. Kurnig also stated that the EIR indicated that weed abatement near the vernal pool would result in a more substantial impact potential. Page number RTC-27 of the Final EIR (as a response to California Department of Fish and Game concerns regarding the same topic), indicated that the project as planned proposes no fuel modification within the mitigation area. Similar to Ms.Murphy,Ms. Kurnig's comments provide information to the process and should be considered by the City Council, but do not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. Dan Waltman -- Mr. Waltman was concerned with the number of homes that would be built on the ridgeline of Spring Road. He indicated that he was concerned that there were no assurances that the finished project would be similar to computer gereated photographs presented by the applicant. RESPONSE: Mr. Wallman's comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. Roseanne Mikos: Indicated support for Alternaitve 3. RESPONSE: Ms. Mikos' comments did not focus on the adequacy or completeness of the Draft EIR. Therefore, no further response is proposed or required as directed by the California Environmental Quality Act or the implementing Guidelines. Alternaitve 3 has been supported by the California Department of Fish and Game and the Enviornmental Coalition, Moorpark Branch. RTC-49