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HomeMy WebLinkAboutRES CC 1996 1221 1996 0821RESOLUTION NO. 96 -1221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING A MITIGATION MONITORING PROGRAM, MAKING CERTAIN FINDINGS RELATED TO THE SIGNIFICANT IMPACTS OF THE PROJECT, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SPECIAL DEVICES, INC., PROJECT (GENERAL PLAN AMENDMENT NO. 95 -1, ZONE CHANGE NO. 95 -3, VESTING TENTATIVE MAP NO. 5004, INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2, AND DEVELOPMENT AGREEMENT NO. 96 -1) WHEREAS, at a duly noticed public hearing on August 14, 1996, and a continued meeting on August 21, 1996, the City Council considered the application filed by Special Devices, Inc., for General Plan Amendment No. 95 -1, Zone Change No. 95 -3, Vesting Tentative Tract Map No. 5004, and Industrial Planned Development (IPD) Permit No. 95 -2 for a 297.92 -acre site located within the Moorpark Area of Interest in Ventura County and the City of Moorpark, directly east of the State Route 23 and New Los Angeles Avenue interchange, Assessor Parcel Numbers 500 - 350 -145 and 513- 050 -085; and WHEREAS, the Final Environmental Impact Report (EIR) for the Special Devices, Inc., Project (State Clearinghouse No. 95071057) provides an environmental assessment of the proposed project in accordance with the California Environmental Quality Act (CEQA), Division 13 of the Public Resources Code of the State of California, and the State CEQA Guidelines; and WHEREAS, public notice of the availability and distribution of the Draft EIR was provided in compliance with CEQA; and WHEREAS, at a duly noticed public hearing on June 10, 1996, the Planning Commission received public testimony regarding the adequacy of the Draft EIR and closed the public hearing; and WHEREAS, the City Council considered certification of the Final EIR at its meeting on August 21, 1996, and reached its decision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: c: \1- m \sdi \cc- envir.res 8 -21 -96 Resolution No. 96 -1221 Page 2 SECTION 1. The City Council hereby finds that the Final EIR for the Special Devices, Inc., Project reflects the independent judgment of the City of Moorpark, as lead agency. SECTION 2. The City Council hereby certifies that the Final EIR for the Special Devices, Inc., Project has been completed in compliance with CEQA (Division 13 of the Public Resources Code of the State of California), CEQA Guidelines, and the City's CEQA Procedures. SECTION 3. The City Council hereby finds that the requirement for additional Lot D creates no new impacts and that subdivision of the 297.92 -acre project site into eight lots, consisting of Lots 1 through 4 and Lots A through D, is consistent with the analysis in the Draft EIR and Final EIR; and SECTION 4. The City Council hereby certifies that the Council has received and considered the information contained in the Final EIR prior to making any approval decision for the proposed Special Devices, Inc., Project and has found that the Final EIR adequately addresses the environmental effects of the proposed project. SECTION 5. The City Council hereby adopts a Mitigation Monitoring Program (Attachment A), with modifications to the Mitigation Monitoring Program, as reflected in the Conditions of Approval for Vesting Tentative Map No. 5004 and Industrial Planned Development Permit No. 95 -2, which shall supersede, expand, and enhance the language of the mitigation measures; makes Environmental Impact Report Findings related to the significant impacts of the Project (Attachment B) , and adopts a Statement of Overriding Considerations (Attachment C). PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF AUGUST, 1996. Mayor of the City of Moo ark ATTEST: Lillian E. Hare kw-� Ci ty Clerk x7 Attachments: A. Mitigation Monitoring Program B. CEQA Environmental Impact Report Findings C. CEQA Statement of Overriding Considerations c: \1- m \sdi \cc- envir.res 8 -21 -96 Attachment A MITIGATION MONITORING PROGRAM AND ENVIRONMENTAL QUALITY ASSURANCE PLAN (EQAP) for the Special Devices Incorporated Regional Headquarters, Manufacturing Plant Facilities, and Commercial Development Plan (State Clearinghouse No. 95071057) Vesting Tentative Tract No. 5004 Industrial Planned Development Permit No. 95 -2 General Plan Amendment No. 95 -1 Zone Change No. 95 -3 Development Agreement 96 -1 Prepared for: THE CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Planner: Debbie Traffenstedt (805) 529 -6864 Prepared by: THE PLANNING CORPORATION P.O. Box 20250 Santa Barbara, California 93120 (805) 962 -1157 Revised., August, 1996 MITIGATION MONITORING PROGRAM FOR THE SPECIAL DEVICES INCORPORATED REGIONAL HEADQUARTERS, MANUFACTURING PLANT FACILITIES, AND COMMERCIAL DEVELOPMENT PLAN (GPA -95 -1, ZC -95 -3, VTM -5004, DA 96 -1) Introduction The City of Moorpark is in the final stages of reviewing and adopting Conditions of Approval for the proposed Special Devices Incorporated project. An EIR is proposed to be certified on the project on August 21, 1996. In response to comments on the EIR received from the public and inputs from the City Planning Department and City Engineer, the applicant proposed to amend the project description. A public hearing for the Draft Environmental Impact Report (EIR) and proposed project entitlements was held on June 10, 1996. At that meeting, the public hearing on the Draft EIR was closed, and the public hearing on the requested project entitlements was continued to July 1, 1996, and then subsequently continued (without discussion) to July 15, 1996. At the June 10 public hearing, the applicant disclosed a willingness to amend the project description to conform, to the degree feasible, with the recommendations contained in the designated Environmentally Superior Alternative. A description of project revisions is provided in Chapter 21 of the Final EIR; this section of the document also contained an analysis of the impacts of this alternative. This alternative was projected to result in impact reductions in all non - population dependent impacts (biology, cultural resources, etc.). Among the actions required for approval of the project, it is necessary to adopt a Mitigation Monitoring Program. The following Program has been proposed to conform with requirements (Public Resource Code Section 21081.6) which became effective on January 1989, This Code requires that, along with the adoption of the findings specified in an EIR, the lead agency must also adopt a "reporting /monitoring program to ensure compliance during project implementation." The proposed method for implementation of monitoring for this project is an Environmental Quality Assurance Plan (EQAP) Mitigation Monitoring Program and EQAP -1 August 16, 1996 Environmental Quality Assurance Plan (EQAP) The Conditions of Approval for Vesting Map No. 5004 and related entitlements require preparation and implementation of an Environmental Quality Assurance Plan (EQAP) as follows: 25. Prior to rough grading permit approval, and approval of a Final Map for any phase, the Subdivider shall submit a deposit for condition compliance review and mitigation monitoring. The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) as recommended in the approved mitigation monitoring program. The EQAP shall be implemented through the City, at the City s option, contract specialists shall be retained to monitor construction and mitigation compliance. The Subdivider shall pay to the City 900 percent of all City and consultant costs for condition compliance review and mitigation monitoring. In a proposed undertaking with extensive Conditions of Approval that will require coordination of a number of agencies and considerable field monitoring, an efficient and effective method for assuring that such conditions are implemented properly is to require that an applicant funded monitor be retained to coordinate condition compliance. Mitigation Monitoring Program The purpose of a Mitigation Monitoring Program (MMP) is to avoid or minimize environmental problems while providing documentation useful to decision makers in the review, evaluation and development of permit conditions on future projects. The MMP is intended to provide a procedure for the implementation of mitigation measures that have been identified in the project Final Environmental Impact Report. The MMP should include the integration, coordination, and implementation of all mitigation measures and a process to assure compliance. The EQAP program implements the EIR Mitigation Monitoring Program. The legally required framework for assuring proper mitigation compliance for all mitigation measures is provided in the Mitigation Monitoring Program summary table. Unlike the MMP, the EQAP provides a specific framework for assigning responsibilities, reporting results and designating authority to secure condition compliance or stop work when deemed necessary. The EQAP also provides for monitoring and coordination at no expense to the City; the EQAP monitor is funded by the applicant or project developer. Distinguishing between the MMP and EQAP is simple; an MMP is a program or plan and the EQAP is the actual implementation method for assuring compliance. On a large scale project such as the Special Mitigation Monitoring Program and EQAP -2 August 16, 1996 Devices Incorporated development, use of an EQAP program monitor is essential to ensure proper compliance with the extensive set of conditions applied to the project. Furthermore, the project will require very extensive rough grading, the preparation of a number of pre - development studies and reports, and coordination of a number of City and non -City participants. Important EQAP Monitor Attributes The overall goal of the EQAP monitor is to establish a framework for a proactive rather than a reactive approach to environmental monitoring and the protection of neighborhood quality of life during the construction period. The EQAP monitor is responsible for anticipating environmental problems and instituting corrective actions before problems materialize or become difficult to solve. Close coordination of all concerned parties and a spirit of cooperation directed toward the resolution of problems in a timely and cost effective manner is essential to the success of an EQAP program. EQAP monitors (or monitoring firms) should have demonstrated breadth of environmental knowledge and an understanding of the development and permit process. EQAP Program Activities Objectives which are important to the effectiveness of an EQAP program include the following: a) Familiarizing construction workers with the environmental requirements for the project; b) Providing a chain of command for carrying out permit conditions and resolution of issues of concern to the City, the applicant, and the contractors implementing the construction program for the project; C) Providing for remedial measures and follow -up until the activity complies with permit requirements; d) Providing the City with field monitoring services; e) Providing a procedure to investigate and respond to any citizen inquiry or complaint involving site development; Mitigation Monitoring Program and EQAP -3 August 16, 1996 f) Resolving issues in a timely manner to maintain critical construction schedules; and g) Meeting permit requirements in a cost effective manner that does not require expenditures of City monetary resources. The Mitigation Monitoring Program as implemented by the EQAP monitor should serve as a concise and effective working framework for the integration of agency personnel, the construction crew, the on -site monitoring /compliance team, and the applicant/developer. The interpretation of how best to institute the environmental mitigation measures required by the City is the responsibility of the EQAP monitor and the City Director of Community Development. The Mitigation Monitoring Program, as administered by the EQAP monitor, should provide for the following basic actions: a) the EQAP monitor shall review all grading, construction, and building plans submitted to the City for condition compliance review to ensure that all applicable mitigation measures are addressed; b) the monitor shall modify the Mitigation Measures for the project (this list is provided in table form in Appendix 1 of this document) to be consistent with final Conditions of Approval for the Vesting Map, IPD Permit, and Zone Change. In cases where a discrepancy exists between these two sets of conditions, the adopted Conditions of Approval shall prevail. C) The EQAP monitor shall establish a schedule for legal /administrative involvement by the City in confirming that mitigation measures have been implemented; d) determine what field monitoring action(s) are required and what environmental measures are to be implemented if conditions conflict or if measures become infeasible due to field conditions; e) define what person (or agency) is responsible for final compliance checks (in the cases where specific permits and clearances are required prior to occupancy); Mitigation Monitoring Program and EQAP -4 August 16, 1996 f) assure that a single person is responsible for bridging the implementation of mitigation measures from plan checking to field monitoring; g) define a compliance method for each measure; h) confirm the timing of mitigation in relation to construction activities; and i) arrange an overall schedule of monitoring activities in relation to rough and precise or fine grading. The ECAP monitor also needs to assure that all four distinct phases of mitigation implementation are properly integrated; these phases include preconstruction, rough and precise or fine grading, construction and on going operations. Recommended Monitoring Agencies and Personnel The following assigned personnel should be designated as participants in the Mitigation Monitoring Program for this project. Plan Check Monitoring Participants: 1. Community Development Department Staff 2. Building and Safety Department Staff 3. City Engineer, Fire Protection District and Police Department staff 4. Public Works Department Staff 5. City Arborist/Landscape Architect 6. Geotechnical Review Consultants (Bing Yen) 7. Caltrans staff S. County Public Works Agency (Flood Control and Traffic Divisions) 9. The EQAP monitor assigned to the project. 10. Specialists (biologist, archaeologist & paleontologist) as required by project conditions. Mitigation Monitoring Program and EQAP -5 August 16, 1996 Field Monitors: 1. City Community Development Department Staff 2. City Building and Safety Inspector 3. City Public Works Inspectors 4. A soils engineer and geotechnical consultant retained by the City to verify final geotechnical work performed by the applicant's geologists or geotechnical engineers 5. County of Ventura Fire Protection and Moorpark Police Department staff 6. City Engineer's Staff 7. The EQAP monitor assigned to the project. 8. Specialists should be retained as required by project conditions (cultural resources, paleontology, a landscape architect or arborist with experience in native plant management, etc.). Issues of Concern for Successful Implementation of an EQAP Program To be effective, the EQAP monitor should have a regular reporting procedure. This reporting program should involve preparation of written reports on a weekly basis to the City to provide feedback regarding the feasibility and effectiveness of the mitigation measures imposed on the project. The EQAP monitor is intended to serve as an on -site coordinator to establish a hierarchy of authority among specialists that are in the field reviewing various remediation and mitigation actions. The EQAP monitor must have the authority to stop or redirect work if necessary and to call in specialists or agency staff when needed. Furthermore, the EQAP monitor should establish a procedure in consultation with the City for settling disputes. In some cases, mitigation measure wording may not be explicit enough to provide direction to plan checkers or field monitors. The EQAP monitor should resolve such issues with the approval of the Director of Community Development. EQAP Program Management and Communications Management hierarchy and communication pathways must be clearly delineated to assure optimal working relationships and appropriate reporting. The EQAP program should be implemented with a "team" approach. The EQAP monitor should be responsible for working with Mitigation Monitoring Program and EQAP -6 August 16, 1996 the City, the developer's contractors, and responsible and trustee agencies to facilitate clear lines of responsibility and contact. Frequent and regular communication among the monitoring team members is essential for successful compliance. Suggested methods for written communication include daily field logs, compliance reports for when a condition has been satisfactorily completed, and monthly summary reports if required (depending on the ultimate length and complexity of the monitoring process). Responsibility and Authority Each member of the monitoring team should have distinct and non - overlapping duties and authority. The persons responsible for implementation of the monitoring program shall be selected by the City, after consulting with the developer. For the Special Devices Incorporated project, recommended team members include: 1. On -site Coordinating EQAP Monitor - This monitor is a multi - disciplined manager of the entire EQAP program; this individual has three key functions: (1) to serve as a liaison with the developer, the City, other monitoring team members and the construction crew; (2) to manage and report field monitoring activities, problems and successes; and (3) to stop or redirect work when determined necessary. The monitor is responsible for ensuring that daily monitoring assignments are carried out, for completion and review of daily logs and any compliance reports, and for the prompt transmittal of information to the City and the developer. The monitor will be responsible for ensuring that the correct specialist is on -site prior to initiation of the construction activities affecting that discipline (e.g., archaeological clearances, confirming the location of essential Water Works District facilities; assuring completion of biological remediation, etc). 2. Environmental Specialists -- Environmental specialists may need to be retained on an as needed basis (e.g., discovery of an archaeological or paleontological deposit, discovery of hazardous materials, expertise necessary to ensure proper native plant revegetation, etc.) Such specialists would only be on -site as needed, when the EQAP monitor determines that the scope of construction activities warrants special expertise. Engineers, biologists, arborists and archaeologists are the most frequently retained specialists. The Conditions of Mitigation Monitoring Program and EQAP -7 August 16, 1996 Approval for this project require the presence of an archaeologist and paleontologist during initial grading. The monitor (or monitoring firm) can provide these skills or independent consultants can be retained; if independent monitors are retained, the duration and frequency of monitoring should be defined by the EQAP monitor. Construction Crew Orientation To assure clear lines of communication, the EQAP monitor should provide for an orientation for all monitoring and construction personnel. The briefing should include the construction supervisor and his crew directors, the developer and the City. The intent of the briefing is to acquaint the construction crews with the environmental sensitivities of the project site, to introduce the monitoring team to the construction team and to review construction specifications and outline the lines of authority when problems are encountered. Emphasis should be placed on the need to work together to resolve problems and arrive at solutions in the field. All field teams must understand that construction stoppage will be used if necessary in cases of serious non - compliance with environmental mitigation measures. The developer shall be required to appoint a contact person (to be provided with a pager) who shall be accessible to the City staff and EQAP monitor. Field monitors shall also be required to have pagers to provide a prompt method of City- monitor communication. Compliance Criteria Compliance criteria should be developed by the EQAP monitor so that the City and the on -site monitor can determine if a specific mitigation condition has been successfully completed. Criteria for plan check as well as field monitoring should be established. The criteria should include specific violations that could result in a "stop work" order. Work Stoppages The monitoring program should include a process by which work stoppages are permitted if violations of the mitigation measures could result in resource destruction or environmental contamination. Sample procedures for handling such incidents are set forth below: Mitigation Monitoring Program and EQAP -8 August 16, 1996 Rationale for Work Stoppage: Work should be suspended if mitigation measure compliance violations could result in significant environmental impacts or the discovery of an unanticipated problem (such as an unidentified archaeological deposit or a concentration of hazardous soils requiring remediation); the immediate stoppage of a specific construction activity should be permitted until necessary remediation is decided upon and implemented. Procedure: The EQAP Monitor should have the authority to direct construction crew to halt activities at specific locations where the violation has taken place and to require immediate performance of a necessary remediation. Other site construction may continue. The EQAP Monitor should immediately notify the construction supervisor and the City. A course of action should be determined in consultation with the City and a construction change order should be issued (if necessary). When remedial work is complete, the Monitor should issue an order for work to resume in the affected area. The violation or incident and its resolution shall be documented in the Field Log and Monthly Report. Dispute Procedures The EQAP monitor should arrange a system for resolving disputes. The City shall maintain ultimate authority to decide the appropriate course of action to achieve resolution of the disputed issue in consultation with the developer. The Community Development Director shall have authority over disputes. Field Inspections Many of the mitigation measures outlined in the Mitigation Monitoring Program should have a follow -up field check or will require on -going monitoring during the construction period. The EQAP monitor should be responsible for defining at what point in the construction process a check on condition compliance is obtained. Mitigation Monitoring Program and EQAP -9 August 16, 1996 Process Check Points The EQAP monitor should arrange for specific check points throughout the monitoring process which identify when crucial information is needed before the next step in the development process should be taken (e.g., permits should not be issued until all plans are received and have completed plan check, combustible materials should not be brought onto the site until the water /fire fighting system is installed, etc.). Long Term Condition Compliance Review The Director of Community Development shall periodically review the status and operation of the SDI facility compliance with long term management restrictions; compliance with requirements of the various managing hazardous materials oversight agencies should also be reviewed periodically by the Director of Community Development. Mitigation Monitoring Program and EQAP -10 August 16, 1996 SPECIAL DEVICES INCORPORATED PROJECT MITIGATION MONITORING PROGRAM: SUMMARY TABLE In cases where a mitigation measure, as included in the Final Environmental Impact Report, conflicts with an approved Condition of Approval for Vesting Tentative Map No. 5004 and Industrial Planned Development Permit 95 -2, the stricter or more specific language shall apply, as determined by the Director of Community Development, during condition compliance review for each component of the development process. Modifications to mitigation measures since the close of the public hearing on the Final Environmental Impact Report have generally been made to clarify how to implement such measures and /or when to require satisfaction of such measures during the development process. All mitigation measures included in the Final Environmental Impact Report have been included (sometimes with minor modifications) in the Conditions of Approval for the project. The mitigation monitoring table on the following pages includes a cross - reference to the final versions of both the Vesting Map and Industrial Planned Development permit conditions. Mitigation Monitoring Program and EQAP -11 August 16, 1996 MITIGATION MONITORING PROGRAM - SPECIAL DEVICES INCORPORATED I Geologic, Geotechnical and Seismic Hazards Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Landslides and Slope Stability (1) If required by the City Engineer or the Vesting Map Prior to issuance City Engineer and Receipt of and consulting City Geologist and Geotechnical Condition (88) of any permits City Geologist/ approval of Engineer, prior to approval of the Final and approval of Geotechnical geotechnical Map, initiation of rough grading, or IPD Conditions the Final Map Engineer reports issuance of any subsequent development (102) and (105) permits, the applicant or subsequent developers shall contract with an engineering geologist and geotechnical engineer to further assess landslide potential, slope stability, and impacts related to slope failure. The scope of work for any additional work shall be designed in consultation with and approved by the City's geologist and geotechnical engineer. If directed by the City's consulting engineering geologist or geotechnical engineer, the study shall also quantify the consolidation potential of the onsite soil materials, assess the potential for weak soils or bedding layers to affect cut and /or natural slopes, and verify that grading planned within landslide areas will be remediated to result in a net increase in landslide stability. The scope for this geotechnical study shall, as deemed necessary by the City Engineer and consulting City geologist and geotechnical engineer, further assess slopes within or adjacent to proposed development areas (depending on the final configuration of proposed individual manufacturing and commercial parcels). Mitigation Monitoring Program - 1 Augmt 16, 1996 Geologic, Geotechnical and Seismic Hazards Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Landslides and Slooe Stability (continued) Further assessment must Same as #(1) above Same as #(1) above Same as #(1) above Same as #(1) above also address stability and mitigation measures for slopes and landslides surrounding the developable areas as well as potential impacts along access corridors. The findings and recommendations of the geotechnical assessment shall be incorporated into the final design for both the manufacturing and commercial components of the project. A separate engineering study shall be required for the development of each Lot entitled with either commercial or manufacturing uses. All geotechnical reports shall be reviewed and approved by the City's consulting engineering geologists prior to issuance of any grading permits or approval of a Final Map. (2) Unless subsequent geotechnical studies Vesting Map Conditions Same as #(1) above Same as #(1) above Same as #(1) above direct otherwise, landslides shall be (67) to (81) and (85) removed and recompacted during grading. Alternatively, in some instances, IPD Condition (105) landslides or unstable slopes can potentially be stabilized by constructing buttress or stabilization fill slopes to reduce their potential for future downslope movement. All cut and fill slopes, foundations and structures shall be designed and constructed to comply with Appendix 33 of the 1994 Uniform Building Code (UBC) and applicable City and /or County Grading Ordinances. Modifications to these standards shall be permitted only with the written concurrence of the City Engineer and the City's consulting geologist and geotechnical engineer. Mitigation Monitoring Program - 2 August 16, 199e Geologic, Geotechnical and Seismic Hazards Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Seismic Hazards (1) Prior to issuance of a building permit, IPD Condition (105) Prior to issuance City Engineer and Final grading plan the applicant or subsequent developers of building City Geologist/ review and approval shall contract with an engineering Vesting Map Conditions permits Geotechnical by City Engineer and geologist to study any unanticipated (67) to (81) and (85) Engineer Consulting City faults exposed during grading to detect Geotechnical any evidence of possible recent activity. Engineer No structure should be placed within 50 feet of any fault trace which is classified as active by definition of the State Geologist. Final grading requirements shall be defined by an engineering geologist. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist and geotechnical engineer. (2) Prior to issuance of a building permit, IPD Condition (105) and Prior to issuance Building Inspector Building Plan all habitable structures shall be designed of building and City Geologist/ Check to current UBC requirements or the City Vesting Map Conditions permits Geotechnical Engineer approved geotechnical report requirements (67) to (81) and (85) for the project, whichever standard is most restrictive. The geotechnical recommendation is for a design Z of 0.56, instead of the 0.4 for zone 4 and a recommended site coefficient for soil type S1 . If the structural design is based on UBC dynamic lateral -force procedures, the design criteria for horizontal ground acceleration shall be a factor of 0.568, based on the computed peak acceleration for a 50 -year exposure and 10% probability of exceedance, be used with the normalized response spectrum for a soil type S1. Mitigation Monitoring Program - 3 Augut 16, 1996 Geologic, Geotechnical and Seismic Hazards Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Liquefaction Potential (1) Prior to issuance of any grading permits, Vesting Map Prior to issuance City Engineer and Final Grading the applicant or subsequent developers Condition (86) of grading permits City Geotechnical Plan review and shall contract with an engineering geologist Engineer approval by and geotechnical engineer to study IPD Condition City Engineer potential liquefaction related effects (101) and City Geotechnical for Lots 1 through 4 (now Lot 3) and the Engineer access road linking Lots 3 and 4 (prior Lot 4 and access road connecting from Lot 3 are now part of Lot 3). No structure should be placed within 50 feet of any adopted setback for minimizing the consequences of liquefaction related failure. No development on Lot 4 shall be permitted until secondary access is provided over the Arroyo Simi (or by other routes to the south) or the access road is designed and built to standards that will permit the road to remain in place without significant failure in the event of an earthquake. Mitigation Monitoring Program - 4 Augmt 16, 1996 Geologic, Geotechnical and Seismic Hazards Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Construction Suitability, Site Design, and Gradinca Concerts (1) Prior to approval of the Final Map, Vesting Map Prior to approval City Engineer Approval of the initiation of rough grading, or issuance Conditions (67) to (81) of the Final Map and City Final Map and rough of any subsequent development permits, the and (86) and any subsequent Geotechnical grading permit will applicant or subsequent developers shall entitlements Engineer not occur until all contract with an engineering geologist and studies have been geotechnical engineer to prepare grading completed and recommendations, foundation design criteria, conclusions are and other recommendations regarding incorporated into detailed project design. As a Final Grading Plans. component of required subsequent geologic studies, a soils engineer shall evaluate the condition of alluvium and unconsolidated soils. Relatively loose soils or alluvium shall be densified or removed and recompacted prior to placement of structures upon such soils. Other remediation methods, acceptable to the City Engineer and consulting City geologist and geotechnical engineer, shall be submitted to the City for review and approval. Other mitigation measures shall be incorporated into the final project design as required by the geological assessment. All geotechnical and geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist and geotechnical engineer. Mitigation Monitoring Program - 5 August 16, 1996 Geologic, Geotechnical and Seismic Hazards Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (2) The applicant shall develop a master Vesting Map Prior to issuance City Engineer Review and approval agreement among all owners of commercial Condition (87) of rough grading and City Geotechnical of slope maintenance and manufacturing developments within the permit Engineer plan and incorporation tentative map boundary which shall provide IPD Condition (101) of plan into a program for a Slope Maintenance Program designed to of long term ensure that risks of slope failure are maintenance. Slope minimized. This slope maintenance program maintenance shall address recommendations contained in requirements shall the project geotechnical report. be incorporated The Slope Maintenance Program document into CC &R's. shall be reviewed and approved by the City Geologist, City Engineer, and Director of Community Development prior to issuance of permits for rough grading. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist and geotechnical engineer. (3) The applicant's engineering geologist and Vesting Map Prior to issuance City Engineer and Review and approval geotechnical engineering consultant shall Condition (88) of a grading permit City Geotechnical of grading plan prepare a written review of detailed Engineer and issuance of grading plans 0 " =40' scale). This IPD Condition grading permit. written review is required to assure (102) that all geotechnical recommendations have been incorporated into project plans and specifications. Supplemental recommendations shall be made on a lot by lot basis as necessary and any additional testing shall be completed prior to submission of grading plans. The grading plan review by the applicant's consultant may also include a recommendation to conduct additional subsurface investigation, if necessary. At the time of grading plan submittal, the applicant shall submit this written review to the City Engineer and consulting City geologist and geotechnical engineer for review and approval. Mitigation Monitoring Program - 6 August 16, 1996 Geologic, Geotechnical and Seismic Hazards Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Development Feasibility Determination (1) Development of the flag area of Lot 3 Vesting Map New IPD required Community none required for should not be approved by the City until Conditions Development current IPD -95 -2 one of the following three objectives is 0 and 86) Project accomplished: (1) remedial mitigating measures are proposed that will IPD Condition preclude slope failure and loss 0 and 100) of the access road during the design earthquake event; or (2) the area of the fill slope /access road to the flag area of Lot 3 is redesigned to avoid the potentially liquefiable alluvium; or (3) a secondary access road is designed and funded. Mitigation Monitoring Program - 7 August 16, 1996 Air Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Construction Effects During Preliminary Site Clearing and Grading (1) All material excavated or graded shall be Air Quality EIR Monitoring is to City Building and Verification of sufficiently watered to prevent excessive Mitigation Measure occur daily during Grading Inspectors field compliance amounts of dust. Watering shall occur Conditions (1) the rough grading, and City Planning by City staff or at least twice daily with complete through (12) are site preparation, staff. APCD. coverage, preferably in the late superseded by and final grading APCD staff would morning and after work is done Vesting Map phases of potentially seek for the day. Condition 0 33) construction. enforcement if through (158) These conditions Conditions are (2) All clearing, grading, earth moving, and IPD Conditions should be attached not complied with or excavation activities shall cease 0 16) to 0 34) to the specifications during grading. during period of high winds (i.e., for grading contractors. greater than 20 mph averaged over one hour) to prevent excessive amounts of dust. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. (3) All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. (4) Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. Mitigation Monitoring Program - 8 August 16, 1996 Air Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (5) The area disturbed by clearing, grading, Same as #(1) above Same as #(1) above Same as #(1) above Same as #(1) above earth moving, or excavation operations shall be minimized to prevent excessive dust generation. Measures that Apply to Other Construction Activities (6) All inactive portions of the construction Measure (6) through Same as #(1) above Same as #(1) above Same as #(1) above site shall be seeded and watered (9) are superseded until vegetative cover is restored. by Vesting Map All active portion of the Conditions construction site shall be watered (133) to (158) sufficiently to suppress excess dust and IPD Conditions generation. (116) to (134) (7) On -site vehicle speed shall be limited to 15 mph. All areas experiencing vehicle traffic (e.g. parking areas, dirt roads linking different construction areas, etc.) shall be watered periodically. (8) If used to suppress dust, petroleum -based dust palliatives shall meet the road oil requirements of Ventura County APCD Rule 74.4 (Cutback Asphalt). (9) Streets adjacent to the project site shall Same as #(6) above Same as #(6) above Same as #(6) above Same as #(6) above be swept as needed to remove silt which may have accumulated from construction activities to prevent excessive dust generation. Measures Designed to Control Ozone Precursor Construction Emissions (10) Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. Mitigation Monitoring Program - 9 Augurt 16, 1996 Air Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (1 1) During smog season (May through October), Same as #(6) above Same as #(6) above Same as #(6) above Same as #(6) above the construction period shall be lengthened to minimize the number of vehicles and equipment operating at the same time. 0 2) Construction activities shall utilize new technologies to control ozone precursor emissions as they become available and feasible. Occupancy and Operation Emissions (1) The developers of all lots included Vesting Map Fees to be paid Community Receipt of fees in the proposed Vesting Map shall Conditions: none prior to issuance Development to be verified be required to make a contribution of building Director (or by staff to the reduction of local and IPD Condition permits designee) regional air quality impacts through (32) the payment of an air quality impact fee to the Moorpark Traffic System Management Fund consistent with the fee recommendations for manufacturing and commercial projects contained in the Ventura County Guidelines to Air Quality Impact Analysis. Fees shall be paid for emissions in excess of the 25- pound - per -day ROC /NOx significance threshold. Fees shall be paid prior to the issuance of building permits for each phase of industrial, office, or manufacturing building construction. Mitigation Monitoring Program - 10 August 16, 1996 Air Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (2) The commercial developments planned for Vesting Map After building APCD staff Compliance review Lots 1 and 2 and the SDI manufacturing Conditions: none occupancy is delegated to program (Lots 3 and 4) shall comply with APCD Ventura County Air Pollution Control IPD Condition 0 5) District Rule 240 (details of this rule are in preparation - -this rule will supersede Rule 210). Rule 240 requires that an employer develop and implement a trip reduction plan containing strategies to reduce the number of individual drivers commuting to the work site. Upon commencement of operations, the commercial operators shall notify the County APCD Transportation Program Administrator of an intent to begin operations. A plan to reduce air quality effects shall be coordinated with the APCD. Potential vehicle trip reductions may be achieved by (but are not untitled to) any of the following or other ultimately adopted reduction measures: - Direct financial incentives for employees who carpool, vanpool, buspool, or use public facilities. - Use of fleet vehicles for ridesharing employees for personal errands. - Preferential parking for ridesharing employees. - Facility improvements which provide preferential access and /or egress for ridesharing vehicles. - Personal rideshare matching and /or active use of computerized rideshare matching service such as Commuter Computer. Mitigation Monitoring Program - 11 Augmt 16, 1996 Air Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance - A guaranteed ride -home program for Refer to #(2) above Refer to #(2) above Refer to #(2) above Refer to #(2) above ridesharing employees in emergency situations. - An onsite day care facility. - Facility improvements to encourage bicycling and walking (showers, bicycle racks, or lockers, etc.). - Flexible work schedules to transit users, bicycles, and pedestrians. - Compressed work weeks such as 4/40 or a 9/80 or a 3/36 work schedules. Mitigation Monitoring Program - 12 August 1 6, 1990 Groundwater Supplies, Domestic and Reclaimed Water Systems, and Surface Water Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Impacts on Local Groundwater Supplies and Extraction Systems (1) Prior to certification of the Final Verification of One time activity City Engineer Verification of EIR or approval of the Final Vesting annexation feasibility for verification and /or City annexation Map, the feasibility of annexation has been obtained. of feasibility. Community provided to the Water Works District No. 1 Vesting Map City to monitor Development through LAFCO service area shall be determined. Conditions (41), (42), annexation process. Director. process. The pressure zone to which the and 0 28a). Geotechnical project will be assigned shall be IPD Conditions (207) verification to identified and the feasibility of (67) (208) (209). be provided prior providing the required domestic, to issuance of landscaping, and fire flow supplies building permits. to all four proposed developable Lots on the Vesting Map without on -site reservoir storage shall be documented. The infrastructure plan for the project shall be designed to address the details for the placement of all required water, sewer, and reclaimed water conveyance facilities in appropriate alignments. No alignments shall be approved by the City Engineer that pass through areas with potential landslide or liquefaction hazards. The applicant shall obtain all necessary right -of -way and easements to install the required infrastructure in said alignments. The City, at its discretion, may assist with the acquisition of such easements. Mitigation Monitoring Program - 13 August 16, 1996 Groundwater Supplies, Domestic and Reclaimed Water Systems, and Surface Water Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance OAdeauacv of Potable Water Sunnlies, Review of Water Demands, and Domestic Water System Plannina (1) Prior to certification of the Final Final design issues One time activity City Engineer to Verification of EIR or approval of the Final Vesting have been resolved prior to zone review and approve compliance obtained Map, the proposed infrastructure in the EIR. clearance or infrastructure through plan check plan for the project shall be IPD Conditions issuance of plans. and zoning designed to address unresolved questions (207), (208), building or Community clearance regarding the capacity of and need and (209). grading permits. Development p processes. for on -site storage, provision Vesting Map Director (or of adequate fire flows, the sizing Conditions (200) designee) to of all required mains and distribution (201). provide zoning lines, and related pump station clearance approval. planning. The applicant shall obtain all necessary right -of -way and easements to install the required infrastructure. The final infrastructure plan shall be approved by Waterworks District No. 1, by the City Engineer, and by the Fire Prevention District prior to approval of the Vesting Map. Adequacy of Wastewater Treatment Planning (1) Prior to certification of the Final EIR IPD Condition Same as #0) above Same as #0) above Same as #0) above or approval of the Final Vesting Map, the (209) proposed wastewater treatment conveyance facility plans for the project shall be Vesting Map designed to address unresolved questions Condition (202) regarding the capacity of adjacent sewer mainlines, the ability of the project effluent to be accommodated, and the sizing of all required mains and distribution lines, and related pump station planning. The applicant shall obtain all necessary right -of -way and easements to install the required infrastructure. The final wastewater treatment conveyance line plan shall be approved by Water Works District No. 1 and by the City Engineer prior to approval of the Final Vesting Map. Mitigation Monitoring Program - 14 August 16, 1996 Groundwater Supplies, Domestic and Reclaimed Water Systems, and Surface Water Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Surface Water Quality Impacts from Construction and Commercial /Manufacturing Operations (1) An Erosion, Debris and Sediment Control Plan Vesting Map One time activity City Engineer Verification of shall be prepared by the applicant to Condition (97) prior to issuance (or designee) compliance in address construction impacts and long of grading or and City Building plan check review. term operational effects on downstream building permits Inspectors Field verification environments and watersheds. This plan to be provided by shall be prepared by a California City Grading and registered Civil Engineer. Proposed Building Inspection management efforts shall include (but staff. not be limited to) construction of debris and detention basins as necessary, provisions for the use of vegetative filtering devices, preparation of detailed erosion /sediment control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant National Pollutant Discharge Elimination System (NPDES) requirements and recommendations for the use of best available technology. The Erosion and Sediment Control Plan shall be reviewed and approved by the City Engineer prior to the issuance of grading permits for rough grading. Mitigation Monitoring Program - 15 AugLat 16, 1906 Groundwater Supplies, Domestic and Reclaimed Water Systems, and Surface Water Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (2) The Erosion and Sediment Control Plan Vesting Map Same as #0) above Same as #0) above Same as #0) above shall provide that temporary erosion Condition (89) (97) and continuous control measures shall be used field verification during the construction process to during grading minimize water quality effects. period Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan. The following water quality assurance techniques shall be included as necessary: • Minimize removal of existing vegetation. • Provide temporary soil cover, such as hydroseeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. • Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. • Rough grade contours to reduce flow concentrations and velocities. • Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. • Phase grading to minimize soil exposure during the October through April storm period. • Install sediment traps or basins. • Maintain and monitor erosion /sediment controls. Mitigation Monitoring Program - 16 nugLat 16, 1996 Groundwater Supplies, Domestic and Reclaimed Water Systems, and Surface Water Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance • The developer (or successors of interest) will ensure that construction activities include proper management and disposal of concrete and other masonry wastes, paint solvents and rinse wastes, vehicle fuel and maintenance wastes (including oil), and other construction debris. This will minimize exposure of these materials to storm water and transport to the drainage system. (3) To minimize the water quality effects of Vesting Map Same as #(2) above Same as #(2) above Same as #(2) above permanent erosion sources, the following Condition (89) design features shall be incorporated into the project grading plan to the degree determined necessary by the project civil engineer. The City Engineer shall review and approve the grading plan to verify implementation of the following water quality enhancement features including: • drainage swales, subsurface drains, slope drains, storm rain inlet/ outlet protection, and sediment traps; • check dams to reduce flow velocities; • permanent desilting basins; • permanent vegetation, including grass -lined swales; • design of drainage courses and storm drain outlets to reduce scour. Mitigation Monitoring Program - 17 Augu•t 16, 1996 Groundwater Supplies, Domestic and Reclaimed Water Systems, and Surface Water Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (4) Because the proposed uses for Lots 1, 2, Vesting Map Same as #(2) above City Engineer Same as #(2) above and 3 are presently uncertain, the Condition 0 00► and periodic long (or designee) applicants for all Commercial or and (101) term monitoring for Industrial Planned Development Permits facility maintenance on Lots 1, 2, and 3 shall be required IPD Conditions compliance to prepare and submit to the City (95) (96) (97) for review and approval a Water Quality Management Plan to address the specific water quality impacts associated with buildout of each manufacturing and commercial Lot. This requirement may be waived by the City Engineer (depending on future uses and the potential for water quality impacts). The management regime recommended in these plans shall require the long term maintenance of water quality associated with buildout of the Final Vesting Map. The City may periodically monitor adherence to the individual management plans. The Plan shall require that each manufacturing and commercial operator incorporate the following management practices into facility design and operations: • Best Management Practices for the control of first flush pollutants shall be required; • pesticides and herbicides shall be used sparingly on landscape maintenance areas and such materials shall only be applied when necessary to cure a problem, and in positively identified pre- emergent situations, not as a preventative measure; Mitigation Monitoring Program - 18 August 16, 1996 Groundwater Supplies, Domestic and Reclaimed Water Systems, and Surface Water Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance • fertilizers in either slow - release forms Same as #(4) above Same as #(4) above Same as #(4) above Same as #(4) above or in light, frequent application of soluble forms can be applied to improve nutrient recovery; • construction of all impermeable surfaces with the potential to introduce pollutants to the Arroyo Simi shall first collect and drain irrigation /storm water runoff to first flush basins; • to the degree feasible, the project shall involve reusing collected irrigation water; • if areas of turf are included in the landscape plan, computer controlled irrigation systems with ground moisture sensors shall be used to control irrigation rates and levels to match soil moisture and infiltration rates; • when appropriate, wetting agents shall be used to aid infiltration and reduce runoff. Mitigation Monitoring Program - 19 August 16, 1996 Groundwater Supplies, Domestic and Reclaimed Water Systems, and Surface Water Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (5) Runoff from developed areas shall be Vesting Map Same as #(2) above City Engineer Same as #(2) above diverted to detention basins and Condition 002) (or designee) then to underground first flush filters, or other Best Management Practices, as determined by the City Engineer. These devices shall be designed by a registered civil engineer as part of the drainage improvement plans for the project. The basins and traps would require periodic maintenance by the property owner, commercial and manufacturing property owners association, or other entities. Provisions shall be made by the applicant to provide for maintenance of these structures in perpetuity prior to Final Vesting Map approval. (6) The grading permits issued for the Vesting Map Same as #(2) above Same as #(2) above Same as #(2) above development shall require maintenance Condition (98) schedules for earthmoving equipment (100) and documentation of proper disposal of used oil and other lubricants. The IPD Condition applicant shall obtain all necessary (97) NPDES related permits prior to City issuance of the initial grading permit for the project. (7) To comply with NPDES requirements, Vesting Map Same as #(2) above Same as #(2) above Same as #(2) above the applicant for Lot 3 shall prepare Condition (98) a Storm Water Pollution Prevention Plan (SWPPP) for the project; this Plan shall be reviewed and approved by the City Engineer prior to the issuance of permits for rough grading. This plan shall define how the receiving water bodies (the Arroyo Simi) shall be protected from degradation. Mitigation Monitoring Program - 20 August 16, 1096 Groundwater Supplies, Domestic and Reclaimed Water Systems, and Surface Water Quality Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (8) The applicants for each lot shall be Vesting Map One time activity City Engineer NOI permit compliance required to file a Notice of Intent to Condition (98) prior to issuance (or designee) documentation filed meet State requirements regarding of grading permits with City runoff associated with construction IPD Condition activity. (95) (9) Prior to undertaking any bank Vesting Map One time activity City Engineer 404 permit compliance stabilization or remedial work in Condition 0 03) prior to issuance (or designee) documentation filed the Arroyo Simi, the applicant shall of grading permits with City obtain a Section 404 permit from the IPD Condition Army Corps of Engineers. (103) Mitigation Monitoring Program - 21 August 16, 1996 Drainage, Sediment Transport, and Flood Control Planning Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Changes to Drainage Patterns and Flow Volumes Vesting Map One time activity City Engineer Receipt and approval (1) Prior to rough grading permit approval, a Master Drainage and Flood Control Conditions prior to issuance (or designee) of plans. Plan Improvement Plan shall be prepared which (90) through (96) of grading permits and County Flood check verification identifies all required drainage and flood and (104) Control District and field verification control improvements necessary to implement staff of compliance by the proposed project. This plan shall be City Engineer prepared in consultation with the Moorpark Inspection staff. City Engineer and the Ventura County Flood Control District to facilitate required interagency coordination. The plan shall identify all major improvements and typical drainage facilities for all developable lots and all maintenance area lots included within the Vesting Map boundary. The capacity, location, and size of all culverts, storm drains, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of any on -site detention features shall be included in the Master Improvement Plan. All necessary permits required to implement the Improvement Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. The Master Plan shall identify what improvements must be completed coincident with the initiation of rough grading. Mitigation Monitoring Program - 22 August 16, 1999 Drainage, Sediment Transport, and Flood Control Planning Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Flood Control Bank Protection Alona the Arroyo Simi (1) If deemed necessary by the City Engineer Vesting Map One time activity City Engineer Receipt and approval upon review of final grading and /or Condition (105) prior to issuance (or designee) and of plans. Plan check building plans, a Bank Protection Plan of building permits and Community verification and shall be prepared to address potential and reevaluation of Development field verifications direct and indirect flooding related hazards the need for bank Director by City Engineer to Lots 3, 4 and the access road linking protection when (or designee) Inspection staff. these two lots (prior Lot 4 and access road development proposals now Lot 3). This Plan shall be prepared are submitted for after review and approval of the Master lots (1) and (2) Drainage and Flood Control Improvement Plan (Mitigation Measure 1 above). The bank protection devices incorporated into this Plan shall, to the degree feasible, emphasize the use of "soft" surface improvements (such as gabions, erosion control matting, buried retention features such as subsurface retaining walls, and similar devices) to minimize modifications to the existing channel. Potential locations for hazard remediation shall be identified in the Plan. Modifications to the Plan required by the City Engineer or the Ventura County Flood Control District shall be made as requested. The Bank Protection Plan shall also be reviewed by the Department of Fish and Game for compliance with 1603 Permit requirements. An approved Bank Protection Plan shall be completed prior to issuance of rough grading permits or any building permits for commercial or manufacturing structures. Construction of any required bank protection along the Arroyo Simi must be completed before issuance of Building Permits or occupancy approval. Mitigation Monitoring Program - 23 Augmt 15, 1996 Drainage, Sediment Transport, and Flood Control Planning Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Issue 3: Debris Production and Transport (1) Sediment yields in the watersheds within Vesting Map Same as #(1) above Same as #(1) above Same as #(1) above the project boundary shall be computed Condition 0 06) for pre - development and post- development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Rannes, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to approval of the grading plan. (2) Improvements related to sediment management Vesting Map Same as #0) above Same as #(1) above Same as #(1) above shall be made which will be sufficient Condition 0 07) and long term and periodic long to reduce estimated sediment generation to monitoring through term monitoring pre- development levels. These improvements periodic review of by County Flood shall be made in conjunction with facility Control District commencement of rough grading operations for maintenance. and Moorpark the proposed developable lots. The design City Engineer. of debris or sediment retention facilities shall be reviewed and approved by the Ventura County Flood Control District and the City Engineer. All improvements related to debris management shall be completed prior to the first rainy season to occur after rough grading has commenced. Maintenance of any debris or sediment control facilities shall be provided under an agreement satisfactory to the Flood Control District and the Moorpark City Engineer. An improvement and maintenance cost agreement enforceable upon the future owners of the four developable lots shall be required prior to the issuance of initial rough grading permits or recordation of the Final Vesting Map. Mitigation Monitoring Program - 24 August 16, 1996 Drainage, Sediment Transport, and Flood Control Planning Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (3) The applicant or subsequent developers Vesting Map Same as #(2) above Same as #(2) above Same as #(2) above shall prepare an Erosion and Sediment Condition 007) Control Plan to address construction impacts and long term operational effects on downstream environments and watersheds. This plan shall be prepared by a Civil Engineer or a specialist in erosion and sediment control planning. Proposed management efforts shall include (but not be limited to) construction of temporary debris and detention basins in the project watersheds, provisions for the use of vegetative filtering enhanced by creekbed reconstruction, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Director of Community Development and City Engineer prior to the issuance of grading permits for rough grading. Mitigation Monitoring Program - 25 Augufft 16, 1996 Biological Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Destruction of Botanical Resources and Sensitive Habitats (1) Prior to initiation of rough grading Vesting Map Prior to approval Community City staff or or approval of the Final Vesting Map, Condition (47) of Final Map or Development EQAP Monitor a proposed Habitat Restoration Plan issuance of rough Director (or to provide shall be prepared by a qualified IPD Condition grading permit, designee) field verification landscape architect with the assistance (77) plans are to be EQAP Monitor, and provide of a native plant ecologist to assure prepared and and /or contract reporting of compensation for the loss of native submitted to the landscape compliance. habitats that will occur as a result City for approval. architect Plan review of project development; this plan shall verification to be reviewed and approved by the City be provided by Community Development Director prior Planning staff. to issuance of building permits. The habitat restoration plan shall emphasize the selective use of native grasses, shrubs, trees, and plants in areas of landscaping within the project boundary and in the Caltrans interchange improvement area. The plan shall also require project perimeter planting and landscaping of selected areas with the native plants common to the native ecological communities on the site (e.g., Salvia apiana, Salvia leucoph ylla, Artemisia californica, Rhus integrifolia, Eriogonum fascicu/atum, Encelia californica, Calochortus catalinae, Calochortus clavatus, Juncus textilis, Opuntia basdaris, Mucronea californica, Anemopsis californica). Mitigation Monitoring Program - 26 Au9ut 16, 1996 Biological Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (2) The applicant shall fund a program to Vesting Map Same as #0► above Same as #(1) above Same as #0► above plant and /or restore acreage equal Condition (48) to the amount of damaged or destroyed oak woodland. To properly implement IPD Condition this program, an Oak Woodland Restoration (78) and Reforestation Plan shall be prepared by a qualified landscape architect and arborist; this plan shall be reviewed and approved by the City Community Development Director prior to issuance of building permits. The precise number of trees, replanting specifications, tree sizes and locations and related details shall be enumerated in the plan once a final grading plan is prepared for the project. The intent of this program is to provide 3:1 replacement of oak trees that are removed during grading and also replacement of lost habitat. The Plan shall require the 100 foot fill slope along the northern perimeter of Lot 3 to be fully restored with oak woodland. The applicant (or a designee) shall be responsible for maintaining the restored oak woodlands (estimated to be a period of five years) until the native trees and associated understory plants are successfully established and the City's Director of Community Development has approved in writing that maintenance can be discontinued without resulting in plant mortality. Mitigation Monitoring Program - 27 August 16, 1996 Biological Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (3) Prior to initiation of rough grading or Vesting Map Same as #(1) above Same as #(1) above Same as #(1) above approval of the Final Map, the site plan Condition (49) shall be revised, to the extent feasible, to provide for preservation of riparian IPD Condition habitats situated on the north side (79) of the property bordering the Arroyo Simi and floodway easement area. In addition, a riparian restoration and enhancement area shall be set aside within the portion of Lot 6 that is situated inside the 100 year flood limit line. (4) Native plants shall be used in the Vesting Map Same as #(1) above Same as #(1) above Same as #(1) above restoration of areas disturbed by the Condition (50) and County Fire and County Fire construction of the project. The City Protection District Protection District and Ventura County Fire Protection District IPD Condition staff staff shall monitor the use of native plants (80) through review and approval of all project landscape plans. Native plants acceptable to the County Fire Protection District shall be used in fuel modification zones. To facilitate recovery of native plants in non -fuel management areas, topsoil shall be cleared, removed, stockpiled, and then, at the conclusion of grading, redistributed on cut and fill slopes. Replaced topsoil shall be stabilized to prevent erosion. Mitigation Monitoring Program - 28 August 16, 1996 Biological Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (5) The applicant has proposed as mitigation Vesting Map Same as #(1) above Same as #0) above Same as #(1) above that areas of the project site shall be Condition (51) retained in open space. An open space easement (such as a conservation easement IPD Condition providing for dedication of development (81) rights) shall be recorded for Lot 5 (now Lot A) and portions of Lot 6 (now Lots 4 and D) (within the 100 year flood limit line) prior to or at the same time as recordation of the first developable lot identified on the Vesting Map. Confirmation of the intent to conserve lands with easements shall be made in the project Development Agreement. The treatment of the resources in these conservation areas shall be addressed in the Habitat Management Plan. To implement these measures, the following implementing measures shall be incorporated into Vesting Map Conditions of Approval for this project: (1) No Zone Clearance shall be issued for Vesting Map Transfers to be Community Receipt of proof of construction on Lots 1, Z 3, 4, or 10 Condition (51) completed prior Development recordation from (now Lots 1, Z and 3) of the Vesting Map to issuance of Director (or the County Recorder's until Open Space Lots 5, 7, 8 (now Lots A, IPD Condition Building or designee) and, Office B, and C) have been recorded and any (81) grading permits if required, associated open space easements have been approval of transferred, dedicated or otherwise secured format and from development. Verification of Open content by the Space or Conservation Easement City Attorney dedications shall be provided with the application for Zone Clearance. No recordation of any Lots shall occur until the completion of Ca/trans right -of -way land exchanges have been documented (if such exchanges are still a component of the applicant's program for land acquisition and transfer). Evidence of the successful exchange of right -of- way shall be provided in the form of recorded easement or ownership documents prior to the approval or recordation of any Phase of the Vesting Tentative Map. Mitigation Monitoring Program - 29 AuQut 16, 1996 Biological Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (2) The development or physical improvement Vesting Map Same as #(1) above Same as #(1) above Same as #(1) above of Lot 5 (now Lot A) is prohibited. This Condition (52) Lot may be conveyed to an appropriate public or land conservation entity at the developer /subdividers discretion or the Lot may be held in fee by the subdivider. An irrevocable dedication of all development, agricultural, grazing, mineral, and extraction rights and a Conservation or Open Space Easement prohibiting all forms of development (other than minor drainage control or conveyance devices) shall be placed on this Lot at the time of recordation. Further, at the time of recordation, a note shall also be made on the Final Map that future development is unconditionally prohibited on Lot 5 (Lot A), with the noted exceptions. (3) Lot 6 (now Lots 4 and D) may either be Vesting Map Same as #(1) above Same as #(1) above Same as #(1) above recorded with an Open Space or Conservation Condition (53) Easement or the Lot may be retained by the subdivider for future use and development with Open Space uses. No prohibition on future zoning or Genera/ Plan modifications of the Open Space designation on Lot 6 (Lots 4 and D) is expressed or implied by the recordation of this Lot. Mitigation Monitoring Program - 30 /kqust 16, 1996 Biological Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (4) Lot 7 (now Lot B) shall either (1) be Vesting Map Same as #0) above Same as #0► above Same as #(1) above retained in applicant ownership, (2) Condition (53) conveyed either to the City of Moorpark or (3) conveyed to the Ventura County Flood Control District with deed restrictions prohibiting the construction of environmentally destructive drainage conveyance or management devices. At the time of recordation, a note shall be made on the Final Map that future development is unconditionally prohibited on Lot 7. (5) The development or physical improvement of Vesting Map Same as #0) above Same as #0) above Same as #0) above Lots 8 and 9 (now Lot Cl shall be prohibited Condition (54) by deed restriction with the exception of the installation drainage conveyance devices. An irrevocable dedication of all development rights and deed restriction prohibiting all forms of development (other than minor drainage control or conveyance devices and necessary environmental restoration) shall be placed on these Lots at the time of recordation. Further, at the time of recordation, a note shall be made on the Final Map that future development is unconditionally prohibited on Lots 8 and 9 (now Lot Cl, with the noted exceptions. Mitigation Monitoring Program - 31 Auouet 16, 1996 Biological Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (6) An updated tree report shall be prepared Vesting Map One time activity EQAP Monitor or Field verifications once the required final geotechnical Condition (55) prior to issuance other Community and reporting to be analysis of the project is complete and of grading or Development Director provided by EOAP final site design and grading evaluation IPD Condition building permits designee. City Monitor. Plan has been completed. Any additional (82) Landscape Architect verification to be trees to be impacted by the project not and /or contract completed by City included in the original assessment biologist Planning staff. shall be incorporated into the tree also would provide report mitigation statistics (replacement review assistance value, etc.). To the degree feasible, pertaining to mature trees identified in the tree tree replacement. report at the margins of grading activity shall be preserved whenever possible. If preservation of the 46 potentially impacted trees identified in the tree report as likely to be adversely impacted or destroyed by the implementation of this project are destroyed, the value of the trees removed shall be applied to upgrading the size of oak tree plantings associated with the project identified in the Oak Woodland Restoration and Reforestation Plan. Other methods for complying with the intent of the Moorpark Tree Ordinance may be considered in providing offset for impacts to tree species. Impacts to specimen trees shall be addressed in the Habitat Restoration Plan to be prepared for this project. Impacts to Rare or Endangered Plant Populations Vesting Map Same as #(6) above Same as #(6) above Same as #(6) above (1) Prior to approval of the Final Map and /or issuance of rough grading permits, the Condition (56) two stands of Lyon's Pentachaeta must be precisely mapped. The applicant shall IPD Condition fund all City costs to monitor the mapped (83) sensitive habitat areas during construction. Mitigation Monitoring Program - 32 August 16, 1996 Biological Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Impacts to Riparian Habitats (1) Prior to issuance of building permits Vesting Map Same as #(6) above Same as #(6) above Same as #116) above for either commercial or manufacturing Condition (57) facilities, the destruction and modification of habitat within and IPD Condition adjacent to the riparian corridor shall (84) be compensated by the restoration of Valley Oak Woodland and native riparian tree canopy within the 100 year flood limit line of Lot 6 (now Lots 4 and D) adjacent to the Arroyo Simi. Mitigation shall require successful establishment of the following species and plant quantities: Species Quantity Populus fremontii (Cottonwood) 10 Alnus rhombifolia (Alder) 8 Acer negundo Subsp. (Box Elder) 8 Platanus racemosa (Sycamore) 20 Sambucus mexicana (Elderberry) 10 Juglans californicus (Walnut) 10 Quercus lobata (Valley Oak) 20 Quercus agrifolia (Live Oak) 20 Mitigation Monitoring Program - 33 August 16, 1996 Biological Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Trees shall at a minimum be 5 gallon container specimens (except for willows which can be 1 gallon in size) or bare root at the time of planting with a height of 7 feet from the root crown to the top branch. A long term supply of fresh (or reclaimed) water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. Department of Fish and Game 1603 Compliance procedures shall govern the implementation of this restoration program and a permit shall be obtained from this agency prior to initiating rough grading activities. Restoration areas shall be incorporated into the project Habitat Management Plan. (2) The Habitat Management Plan shall require Vesting Map not applicable not applicable not applicable the removal of the noxious giant reed Condition (58) and (Arundo donax) from the Arroyo Simi IPD Condition adjacent to the proposed project once (85) every three years or less frequently if warranted. The landscape maintenance program to be coordinated for slope maintenance areas shall also address, to the degree feasible, long term removal of this species from the portion of the Arroyo adjacent to Lots 1, 3, and 4. Recommendations to minimize regrowth of this plant shall be identified in the Habitat Management Plan. Mitigation Monitoring Program - 34 August 15, 1996 Biological Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Indirect Impacts and the Distribution to the Ecoloay of Surroundina Open Space (1) Perimeter fencing shall be provided in Vesting Map One time activity EQAP Monitor or Field verification areas where employees or visitors could Condition (59) upon completion Community to be provided by obtain access to surrounding conservation of finish grading Development EQAP Monitor easement lands and maintenance areas which IPD Condition Director's or Planning can be used for native plant restoration. (86) designee staff (2) Off road vehicle (ORV) use on property Vesting Map Same as #(1) above Same as #(1) above Same as #0) above within the project boundary shall be Condition (60) prohibited. Signage shall be placed on the property indicating that ORV IPD Condition use is prohibited. (87) Construction Related Vertebrate Mortality and Impacts to Faunal Resources 11► The applicant shall contribute $35,000 Vesting Map not applicable not applicable not applicable to a sensitive species mitigation program Condition (61) to be managed by the City. The purposes superseded by of this program include (1) studying the Development location and distribution of sensitive Agreement species, (2) restoring marginal habitats Conditions within proposed onsite conservation easement areas or within permanent public open space or right -of -way, (3) contributing to the purchase of endangered habitats on private land within the City. Mitigation Monitoring Program - 35 nu9L.t 16, 1996 Biological Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Cumulative Loss of Habitat, Plant Communities, and Effects on Wildlife Corridors (1) The project shall allow, to the extent IPD Condition One time activity Community Field verification feasible, the preservation of the region (87) to be verified Development of fencing type to as a secondary wildlife corridor for by EQAP Monitor Director's designee be provided by EQAP regional large animal movement. No Monitor or Planning fencing that is likely to preclude staff the use of this property as a wildlife corridor shall be placed around the perimeter of the property, and all efforts to facilitate the use of this property as a wildlife corridor shall be made by the applicant under the guidance of the City. Mitigation Monitoring Program - 36 nugmt 16, 1996 Noise Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Issue 1: Short-Term Construction Noise (1) No exceptions shall be permitted to Vesting Map During grading Grading Inspector Periodic inspections construction activity limitations in City Condition (35) and construction and Code Enforcement Noise Ordinances in effect at the time staff individual Lots of the Vesting Tentative IPD Condition Map are developed. (73) (2) Designated parking areas for construction Vesting Map One time activity. EQAP Monitor Field verification worker vehicles and for materials storage Condition (36) Designated areas and City by the EQAP and assembly shall be provided. These to be determined at Engineer Monitor and /or areas shall be set back as far as IPD Condition pre- construction City Engineering possible from or otherwise shielded from (74) meeting. staff residential neighborhoods situated north of the project site across the Arroyo Simi. Impulse Noise Associated with Manufacturing Activities (1) All manufacturing processes and testing Vesting Map Verification of the Community Field verification with sustained noise sources in excess Condition (37) addition of building Development of noise associated of 65 dBa shall be contained within the containment for Director with daily operations plant facility. No uncontained detonations IPD Condition impulse noise to (or designee) to be performed by shall be permitted. Compliance with this (75) be provided on site and Building City Planning staff requirement may be achieved by a variety plan. Long term Reviewer and building plan of means including undergrounding facilities monitoring to be review by Building for impulse tests, providing noise absorbing achieved through and Safety staff. above ground structures, or by other means periodic review of devised by a certified acoustical consultant. facility operations. No single event testing shall be exempt from this requirement. The tolerated noise generation for the project at the property line for Lot 3 shall not exceed 65 dBA from 7 a.m. to 10 p.m. and 60 dBA from 10 p.m. to 7 a.m. pr CNEL values shall not exceed 65 dBA, whichever standard is more restrictive. Mitigation Monitoring Program - 37 August 16, 1996 Noise Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Impulse Noise Associated with Manufacturina Activities (continued) If ambient noise levels exceed these restrictions due to the proximity of State Route 23, the ambient noise level shall be the standard that shall not be exceeded at the property line of Lot 3. (2) The City shall require annual noise Vesting Map Same as #(1) above Same as #(1) above Same as #(1) above monitoring and reporting for any sustained Condition (38) noise generating activity. The Industrial Planned Development Permits for any project IPD Condition constructed on Lot 3 shall be subject (76) to this requirement. If Lots 1 or 2 are converted from anticipated commercial to manufacturing uses, noise monitoring and reporting requirements shall also apply to these lots as well. The City shall, in the conditions for the Industrial Planned Development Permits associated with the project, reserve the right to require additional noise mitigation if monitoring data indicates such mitigation is advisable. Mitigation Monitoring Program - 38 Augurs 16, 1996 Fire Hazards, Fire Suppression and Risk of Upset Conditions Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Fire Potential in the Proiect Vicinity: Topoaraohv and Fuel (1) Prior to approval of the Final Vesting Draft EIR mitigation All measures to Staff of the County Compliance to be Map or issuance of building permits measures have been be satisfied Fire Protection verified through Plan for any Lot, the applicant shall superseded by prior to issuance District to review Check. Field retain a certified fire management Vesting Map of grading or and approve all verification, as professional and a landscape architect to Conditions (161) building permit plans. City Plan required, to be prepare a Fire Hazard Reduction Program; through (196). issuance unless Check staff to provided by this program shall be prepared in All EIR measures otherwise verify inclusion Fire District consultation with the County Fire Protection have been included specified in of all District staff, EQAP District and shall be approved by in these revised revised requirements. Monitor, or the Director of Community Development. conditions. Conditions' A Community Building Inspection The certified fire management professional IPD Conditions of Approval. Development staff as appropriate. shall be familiar with the objectives (166) through Director designee of fuel management in wildland -urban (203) also (City staff, EQAP interface. A native plant specialist supersede EIR Monitor) shall shall participate in the development of conditions. monitor field the fuel management program. The conditions. program shall apply to all lands within 200 feet of the developed portion of the project (or as amended by the certified fire professional). The vegetation management requirements of the plan shall be clearly defined. The proposed Owners Association shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zone will be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. Mitigation Monitoring Program - 39 August 16, 1906 Fire Hazards, Fire Suppression and Risk of Upset Conditions Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Within the modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements should include a combination of trees, shrubs, and groundcover. Irrigation should not be provided unless necessitated by the plant materials selected. (2) All structures adjacent to open space Same as #(1) above Same as #(1) above Same as #(1) above Same as #(1) above and structures with blow -out walls shall be designed to satisfy fire retarding architectural and building code requirements of the City and the County Fire Protection District. Adequacy of Dual Access (1) Provisions for adequate all weather dual Refer to #(1) above The Vesting Map Community Revisions are access to Lots 1 and 2 shall be has been revised Development complete for Lot 3. incorporated into future submittals for to reflect Director or Lots 1 and 2 Commercial or Industrial Planned Development recommendations designee dual access to be Permits. Approval of adequate dual access in the Draft EIR determined by plans for both of these lots shall be and Alternatives future CPD required prior to Final Vesting Map Analysis regarding Permit. approval. An acceptable primary and Lot 3 (prior Lot dual access plan for Lot 4 (now flag area 4 was deleted). of Lot 3) shall be prepared prior to Dual access to Lots certification of the Final EIR. 1 and 2 to be If such a plan, acceptable to the established by County Fire Prevention District, future CPD cannot be conceived, then Lot 4 should Permits. be deleted from the Vesting Map and the land within Lot 4 should be incorporated into Lot 3 (this revision was made). Mitigation Monitoring Program - 40 August 15, 1996 Fire Hazards, Fire Suppression and Risk of Upset Conditions Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Construction Related Fire Hazards To mitigate construction related fire hazards, Refer to revised Periodic during EQAP Monitor, Field verification the following mitigation measures shall be required: mitigation measures the grading City Building by EQAP Monitor referenced above portion of the and Grading or other (1) During all grading and site clearance construction Inspectors, and identified monitors activities, earth moving equipment shall process Fire Protection be equipped with spark arrestors and at District least two portable fire extinguishers per vehicle. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Protection District. (2) All equipment and material staging activities Refer to revised Same as #0) above Same as #0) above Same as #(1) above shall be coordinated with the County Fire mitigation measures Protection District. Notification of staging referenced above locations and equipment storage areas shall be provided to the District and a location acceptable to the District shall be designated. Fire prone construction activities (initial vegetation clearance, hauling and stockpiling of vegetation, or any construction activity involving concentrated sources of heat) shall be prohibited during "Santa Ana" wind conditions. Cumulative Impacts on Fire Protection Services (1) The primary and dual access road system Refer to revised Measure to be County Fire Protection Review and proposed for the project shall be mitigation measures satisfied prior District staff and approval of grading reviewed and approved by the Ventura referenced above to issuance of City Plan Check staff and building plans County Fire Protection District prior to grading or building issuance of grading permits. permits (2) Approved turn around areas for fire apparatus shall be provided where any access road is 150 feet or more from the main project access. Mitigation Monitoring Program - 41 <urgun 16, 1996 Fire Hazards, Fire Suppression and Risk of Upset Conditions Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (3) If deemed necessary by the District, the Same as #(1) above Same as #(1) above Same as #(1) above Same as #(1) above project shall include a helispot and associated fire suppression equipment storage. Any heliport facilities shall be indicated on the Final Map for the project. (4) Any gates to control vehicle access are to Same as #(1) above Same as #0) above Same as #0) above Same as #0) above be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the County Fire Protection District. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. (5) Prior to approval of the Final Vesting Map, Same as #(1) above Same as #0) above Same as #(1) above Same as #0) above proposed street names shall be submitted to the Fire Department Communication Center and City Engineering Department for review and approval. (6) Street signs consistent with County Road Same as #(1) above Same as #0) above Same as #0► above Same as #0) above and Fire District Standards shall be installed prior to occupancy. (7) Prior to construction, the applicant Same as #(1) above Same as #0) above Same as #0) above Same as #(1) above shall submit plans to the Ventura County Fire Protection District for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 500 feet of the perimeter of the development. (8) A minimum fire flow of 1,000 gallons per Same as #(1) above Same as #0) above Same as #(1) above Same as #0) above minute shall be provided for all four Lots. The location and capacity of all water storage and conveyance facilities shall be reviewed and approved by the District prior to the recordation of the Final Map and prior to the issuance of building permits. Mitigation Monitoring Program - 42 Au9urt 15, 1996 Fire Hazards, Fire Suppression and Risk of Upset Conditions Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (9) Fire hydrants shall be installed and in Refer to revised Same as #(1) above Same as #(1) above Same as #(1) above service prior to combustible construction mitigation measures and shall conform to the minimum standards for Vesting Map of the County Water Works Manual. (161) through (196) and IPD Conditions These standards specify: (166) through (203) • Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2 1/2 inch outlet. • The required fire flow shall be achieved at no less than 20 psi residual pressure. • Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. • Fire hydrants shall be 24 inch on center, recessed in from the curb face. 0 0) All grass or brush exposing any structures Same as #0) above Same as #(1) above Same as #(1) above shall be cleared for a distance of 100 feet prior to framing or assembly (for tilt up concrete structures). California Administrative Code (Title 24- Section 2.1217) requirements that shall be imposed on the project include: 0 1► Address numbers, a minimum of 4 inches high, Same as #(1) above Same as #(1) above Same as #(1) above shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. Mitigation Monitoring Program - 43 Augut 16, 1996 Fire Hazards, Fire Suppression and Risk of Upset Conditions Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (12) Portions of this development may be Same as #(1) above Same as #(1) above Same as #01 above in a hazardous fire area and those structures shall meet hazardous fire area building code requirements. Adeauacv of Water Suooly for Fire Suppression Issues resolved prior not applicable not applicable not applicable (1) The ultimate fire suppression and fire flow requirements for buildout of all to EIR certification. four developable lots within the project No additional boundary shall be computed by the mitigation required. applicant's Civil Engineer based on a reasonable projection of future uses. If projected fire flows would not be adequate using proposed pump station volumes, then on -site reservoir storage shall be provided commensurate with Fire District projections of fire flow requirements. This issue shall be resolved prior to certification of the Final EIR. Risks of Fire, Ex[)losion, Detonation, and Other Upset Conditions (1) For any lots developed with manufacturing IPD Conditions All required plans Plan review by Community uses, the applicant shall prepare a Risk (145) through to be prepared appropriate Development Management Plan, Emergency Response Plan, (147) and periodically Federal and State Director (or and Hazards Materials Management Plans updated to assure agencies and County designee) to acceptable to the City and the County low level of risk Fire Protection periodically Fire Prevention District. These plans to the community District monitor compliance shall be reviewed and approved by the activities and City Director of Community Development prior facility operations. to Final Inspection or issuance of Certificates of Occupancy. Mitigation Monitoring Program - 44 August 16. 1996 Mitigation Monitoring Program - 45 August 16, 1990 Condition of Approval Timing /Actions/ Transportation and Circulation Reference Frequency Monitoring Staff Measure of Compliance Issue 1: The Effects of Proiect Added Traffic on Future Year 2000 and 2010 Intersection Conditions (Proiect Specific Impacts) (1) The applicant (SDI) shall contribute to the Vesting Map Fees to be paid City Engineer Receipt and Los Angeles Avenue Area of Contribution Condition 0 25) prior to issuance and Director acceptance of Fund. The fee that shall be imposed on of building of Community fees by the the project shall be defined by the City permits Development City Council as a condition of approval for the Tentative Vesting Map and Industrial Planned Development Permit. The proposed fee of approximately $150,785 (for 150,000 square feet of development) shall be reviewed and revised since the proposed project has been substantially increased in size since this fee was originally negotiated (in December of 1994). (2) The applicants for future commercial Vesting Map Fees to be paid Same as #0) above Same as #0► above projects shall make appropriate contributions Condition 0 25) in the future to the Los Angeles Area of Contribution prior to issuance Fund based on fee schedules in of building effect at the time of building permits permit issuance. (3) The applicant (SDI) shall contribute to IPD Condition Fees to be paid Same as #01 above Same as #0) above the City -wide Traffic Mitigation Fee (31) in accord with Program that is currently under consideration. Development The fee that shall be imposed on the project Vesting Map Agreement shall be defined by the City Council as a Condition 0 26► disposition condition of approval for the Tentative Vesting Map and Industrial Planned Development Permit. The proposed fee of approximately $75,000 (for 150,000 square feet of development) shall be reviewed and revised since the proposed project has been substantially increased in size since this fee was originally negotiated (in December of 1994). Mitigation Monitoring Program - 45 August 16, 1990 Mitigation Monitoring Program - 46 August 16, 1996 Condition of Approval Timing /Actions/ Transportation and Circulation Reference Frequency Monitoring Staff Measure of Compliance (4) The applicants for future commercial Vesting Map Same as #(3) above Same as #(1) above Same as #01 above projects shall make appropriate contributions Condition 0 26) to the City -wide Traffic Mitigation Fee and 0 27) Program. If such a City -wide fee is not adopted prior to application for building permits, the appropriate fee shall be imposed as a condition of approval for Commercial Planned Development permits. Operation of the New Los Angeles Avenue /State Vesting Map Interchange to City Engineer Same as #(1) above Route 23 Interchange with Full Proiect Buildout The applicant has agreed to fund a major improvement of the State Route 23 /New Los Condition 0 10) be upgraded prior and City Angeles Avenue Interchange that has been to occupancy Traffic coordinated with the City and Caltrans. Engineer With the completion of this improvement, all impacts to this location associated with the project and cumulative buildout will be fully mitigated. Proiect Consistency with the Ventura County General Plan (1) The applicant (SDI) and applicants for None - until a not applicable not applicable not applicable future commercial projects shall make City- County Mutual appropriate contributions to any adopted funding agreement reciprocal traffic mitigation fee agreement is signed between the City of Moorpark and the County of Ventura in effect at the time an entitlement is granted. This participation shall be based on a pro -rata contribution defined by the City Traffic Engineer. Mitigation Monitoring Program - 46 August 16, 1996 Public Services and Utilities Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Educational Quality and School Facilities (1) Prior to issuance of building permits for IPD Condition Fees to be paid Director of Receipt of either the manufacturing or commercial (53) prior to issuance Community fees and components of the project, all legally of building Development acceptance mandated school impact fees applicable permits (or designee) by School at the time of building permit application District shall be paid to the Moorpark Unified School District. Police and Emeraency Services (1) Prior to issuance of building permits IPD Condition Prior to issuance City Police Modification for either the manufacturing (Lots 3 and 4) Condition 0 64) of building Department of plans in or commercial (Lots 1 and 2) components permits, plans and Director accord with of the project, the Moorpark Police to be revised of Community security Department shall review development plans and amended Development recommendations. for the incorporation of defensible space as recommended Field verifications concepts to reduce demands on police through Plan services. To the degree feasible, Check and public safety planning recommendations shall construction be incorporated into project plans. inspection The applicant shall prepare a list of process. project features and design components that demonstrate responsiveness to defensible space design concepts. The City Director of Community Development shall be responsible for review and approval of all defensible space design features incorporated into both manufacturing and commercial projects. This review shall occur prior to initiation of plan check for either manufacturing or commercial buildings. Mitigation Monitoring Program - 47 August 16. 1996 Public Services and Utilities Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (2) The applicant (or future applicants) shall IPD Condition Prior to issuance Moorpark Police Modification of prepare and submit to the City Director (160) of building Chief and plans in of Community Development for review and permits, plans Community accord with approval Security Plans for Commercial to be amended Development security Developments situated on Lots 1 or 2. and revised Director recommendations. These plans will be reviewed and approved as recommended (or designee) Field verification through the Commercial Planned Development through Plan Check permit process. A security plan shall and construction also be provided for manufacturing facilities inspection process. situated on Lots 3 or 4. SDI (or other manufacturing facility developers) shall provide a private security program to assure the safety of all explosive and /or hazardous materials used in present or future manufacturing operations. These plans shall be prepared to assure reduction of potential service demands on police or emergency service providers. The plan shall be approved prior to the issuance of building permits for construction on any developable Lots. Solid Waste Facilities and Planning (1) Prior to approval of the issuance of IPD Condition Plan to be Community Preparation and building permits for either manufacturing (59) prepared prior Development acceptance of or commercial development on Lots 1, 2, 3, to issuance of Director solid waste plan or 4, a Solid and Hazardous Waste building by the City Management Plan shall be prepared and permits submitted to the City Director of Community Development for review and approval. This plan shall include specific measures to reduce the amount of refuse generated by the proposed project and shall be developed in consultation with the Ventura County Sold Waste Management District and the City of Moorpark to meet waste reduction requirements established by the California Integrated Waste Management Act of 1989. Mitigation Monitoring Program - 48 August 16, 1996 Public Services and Utilities Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (2) The Solid and Hazardous Waste Management IPD Condition (60) Same as #(1) above Same as #(1) above Same as #(1) above Plan shall include provisions for the recycling of manufacturing or commercial facility waste products suitable for reuse programs. A green waste reduction program for landscaping maintenance shall be included in this Plan. Provisions for on -site source separation and recycling shall be incorporated into the building plans for any buildings or facilities constructed on Lots 1, 2 or 3. (3) The Solid Waste Mitigation Plan shall IPD Condition (61) Same as #(1) above Same as #(1) above Same as #(1) above require the integration of waste reduction and hazardous waste management concepts into the project CC & R's for the Lots included within the Vesting Map. (4) Where feasible, the use of recycled building IPD Condition (62) Same as #(1) above Community Inclusion of proper materials shall be included in the construction Development language in of both the manufacturing and commercial Director CC &Rs components of the project. Language (or designee) shall be included in the CC &R's to to review encourage such use. compliance (5) Any on -site commercial cafeteria(s) IPD Condition (63) Same as #(1) above Same as #(4) above Same as #(4) above shall include "built -in" recycling and trash separation areas. (6) Both commercial and manufacturing projects IPD Condition (64) Same as #(1) above Same as #(1) above Same as #(1) above shall include designated recycling areas with appropriate bins to provide for on -site source separation. Bins shall also be provided for greenwaste and related recyclable material. Specific solid waste source separation areas shall be provided for all Lots. Mitigation Monitoring Program - 49 Auou.t 15, 1996 Aesthetics and Visual Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Project Visibility Alona Public Street View Corridors Revised by Vesting Review of Final Community Review and (1) The entrance to the proposed project shall incorporate suitable community entry Map Condition (34) Landscape Development acceptance of monumentation, appropriate landscaping Plans - The Director Final Landscape at entry points, and a program of IPD Condition Project (or designee) plans coordinated signage. An orderly and (28) Description consistent street tree planting program has been shall be required for the project entrance modified to roads and entrances to the commercial reflect this properties (Lots 1 and 2). The streetscape requirement landscaping pattern along the entranceways should incorporate vertical elements (in the form of trees and /or lighting) that help to define and enclose the street. All entry roads shall be planted so trees are spaced at equal intervals. Recommended tree plantings for these entry points shall be extended from the New Los Angeles Avenue underpass into the parking area for Lot 3. (2) To the degree feasible and permitted by Revised by Vesting The project Community Review and geotechnical constraints, the northern Map Condition (33) Landscape plan Development acceptance of perimeter of the project adjacent to the should be Director the Landscape Arroyo Simi shall be designed to provide IPD Condition modified to (or designee) plan by the a setback from the escarpment above the (27) reflect this City. Arroyo Simi. An oak woodland restoration requirement Field verification zone shall be provided on the edge and prior to submittal by EQAP Monitor side slope of this re- graded escarpment. to the City for or City arborist The entire areas of visible surface of the review and or landscape fill slopes proposed along the northern approval architect. side of the development should be planted and screened with native woodland tree species common in oak woodland habitats. The ridge system demarcating the northern perimeter of the project should, to the extent feasible, be restored to native woodland conditions. Landscaping around the escarpment system, once it is stabilized after rough grading, shall emphasize reestablishment of existing native and non - native habitat. Mitigation Monitoring Program - 50 August 16, 1996 Mitigation Monitoring Program - 51 Auout 15, 1990 Condition of Approval Timing /Actions/ Aesthetics and Visual Resources Reference Frequency Monitoring Staff Measure of Compliance Proiect Visibility Along Public Street View Corridors (continued) The landscaping program around the escarpment boundary shall emphasize the use of tiered, tree lined buttress fills, which should be set back in segments to prevent highly visible buttress or crib walls. (3) Lot 3 along the western perimeter of the Same as #(2) above Same as #(2) above Same as #(2) above Same as #(2) above project shall incorporate the use of a berm and extensive tree and shrub native landscaping to minimize the visibility of the manufacturing facilities. Transfqrmation of the Rural Landscape and Quality of Life Impacts on Surrounding Properties (1) The lowest intensity adequate night lighting Vesting Map Photometric Same as #(2) above Review of photometric shall be required within the streetscape Condition (39) plans to be plans prior to and at intersections. A photometric and (46) submitted for zoning clearance plan shall be prepared which shall review and have, as a primary design objective, approval prior creating a low intensity night lighting to zoning solution to development of Lots 3 and 4. clearance for All lighting within 200 feet of the a building Arroyo Simi shall be shielded and permit directed away from the Arroyo. Building lighting restrictions shall be included in the project CC and Rs and Planned Development Permit conditions for all four developable Lots. Mitigation Monitoring Program - 51 Auout 15, 1990 Aesthetics and Visual Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance Issue 5: Hillside Management Considerations 11► The design of the project shall be modified Development not applicable not applicable not applicable to comply, to the extent feasible, with Agreement the design guidelines and development Language and standards contained in the City's Hillside agreements Management Ordinance. The framework supersede this for compliance is provided in the EIR condition analysis of applicable features of the Ordinance (in Chapter 16 of the EIR). Final details concerning landscaping, streetscape, and the architecture of manufacturing facilities shall be provided to the City Director of Community Development as part of the IPD compliance process. Mitigation Monitoring Program - 52 Auguut 16, 1996 Cultural and Heritage Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (1) A cultural resource monitoring program shall Vesting Map Grading Monitor EQAP Monitor to EQAP Monitoring be instituted during the initial vegetation Condition (62) to be continued arrange for report to clearance for the project. The purpose until all qualified monitor verify compliance of this monitoring program is to determine IPD Condition clearing, and Chumash with mitigation if any significant deposits not identified (89) grubbing, and representative program during the Phase I and II survey exist initial 2 meters within the project boundary. The monitoring of excavation shall be limited to the initial by heavy equipment vegetation clearance phase of the grading is completed program. If cultural deposits meeting the significance criteria defined in CEQA Guidelines are encountered, limited data recovery shall be conducted. The costs of this data recovery shall be limited as defined in Appendices to CEQA Guidelines. Chumash representatives shall be actively involved in the monitoring and any subsequent phases of the project mitigation program. Participation shall include monitoring of archaeological investigations, construction monitoring, and data analysis. (2) Prior to initiation of rough grading, the Vesting Map Data recovery Qualified cultural EQAP or Community surface artifacts situated within Ven -898 Condition (63) to be completed resource specialist Development Director shall be mapped, recorded, and collected prior to to clear the deposit to be informed and this data, together with previously IPD Condition initiation of prior to initiation that site deposit collected Phase II subsurface testing (90) rough grading of grading and is cleared prior information, shall be incorporated into issuance of grading to issuance a cultural resource mitigation document for permit of grading the project. This report should also permit address the results of any investigation related to monitoring of initial grading activities. Mitigation Monitoring Program - 53 August 16, 1996 Paleontological Resources Condition of Approval Reference Timing /Actions/ Frequency Monitoring Staff Measure of Compliance (1) A paleontological mitigation plan outlining Vesting Map Data recovery to EQAP Monitor to Completion of procedures for paleontological data recovery Condition (64) be conducted during review grading data recovery shall be prepared and submitted to the City initial grading activities and report or Community Development Department Director IPD Condition monitoring if request presence of EQAA Monitoring for review and approval prior to the (91) significant paleontologist report (if no initiation of mass grading. The development on an as- needed resources are and implementation of this program shall basis found during include consultations with the applicant's grading) engineering geologist. The monitoring and data recovery shall be performed by a qualified paleontologist. The data recovery should include periodic inspections of excavations and, if necessary, fossil data recovery should be performed to recover exposed fossil material. The costs of this data recovery shall be limited to the recovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the City Community Development Department Director. The costs of this paleontological mitigation plan shall not exceed the financial limitations set forth in CEQA Appendix K Guidelines. Mitigation Monitoring Program - 54 Aupun 15, 1096 Attachment B Resolution Number 96 -1221 CALIFORNIA ENVIRONMENTAL QUALITY ACT ENVIRONMENTAL IMPACT REPORT FINDINGS FOR THE SPECIAL DEVICES, INC., PROJECT (GENERAL PLAN NO. 95 -1, ZONE CHANGE NO. 95 -3, VESTING TENTATIVE MAP NO. 5004, IPD PERMIT NO. 95 -2, AND DEVELOPMENT AGREEMENT NO. 96 -1) Legal Requirements The California Environmental Quality Act (CEQA) Section 15091, which requires the preparation of Findings Concerning the Mitigation of Environmental Effects, states: No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR." The CEQA Guidelines further direct that the Findings shall be supported by substantial evidence in the record of the project. The certified Final identifies thirteen must be prepared: EIR on the Special Devices Incorporated Project types of environmental effects for which Findings c:\1-m\sdi\ceqa.fhd 1 5 -21 -96 (1) land use and planning considerations and project consistency with adopted environmental Goals, Plans and Policies; (2) geologic effects and seismic hazards; (3) air quality impacts on the local and regional airshed; (4) changes to surface water quality and extraction of groundwater supplies; (5) impacts resulting from changes to drainage patterns and the transport of sediment; (6) effects on biological resources; (7) noise impacts on City residents; (8) fire hazards and fire suppression; (9) effects on both local and regional traffic circulation; (10) impacts on public services and private utilities; (11) effects on aesthetics and visual resources; and (12) impacts to cultural; and (13) effects on paleontological resources. If the decision of a public agency to approve a project allows the occurrence of significant effects which are not at least substantially mitigated, a Statement of Overriding Considerations must be prepared. Such a Statement has been prepared for this project and is a attachment to City Council Resolution No. 96- Thresholds of significance useful for distinguishing between an environmental effect that is adverse and can be mitigated or an effect that is unavoidable are defined in CEQA Statutes, State Guidelines, Appendices to State CEQA Guidelines, City Guidelines implementing CEQA, and in County thresholds and standards related to regional environmental effects (e.g., air quality, water quality). Impacts for Which Findings are Required Land use and Planning Considerations and Project Consistency with Adopted Environmental Goals, Plans and Policies c:\1 -m\sdi\ceqa. fnd 2 8 -21 -96 Anticipated Adverse Environmental Effects Ten potentially significant land use issues were identified as having the capacity of generating potentially significant environmental effects; these potential impacts include: (1) modifications that needed to be made to the Vesting Tentative Map that were required to provide for proper slope maintenance; (2) additional landform modifications that may have been required if on -site water storage was to be required; (3) changes needed to be made in the access arrangements for Lots 1, 2, and 3, and the design of the modifications to the State Route 23 /New Los Angeles Avenue interchange were required; (4) the financial feasibility of the proposed grading remediation program for Lots 3 and 4 needed to be evaluated; (5) the Conservation Easement area needed to be defined with certainty; (6) a Development Agreement was necessary for the project (for exemption from the Hillside Grading Ordinance), and such an Agreement was not in preparation at the time of Draft EIR circulation; (7) several annexations were required to enable development of and service to the project; (8) consultations were required with Trustee Agencies regarding sensitive species and wetland intrusions; (9) design modifications were required for the project to better conform with Hillside Management objectives articulated in the City's Hillside Management Ordinance; and (10) additional details were required to properly address Industrial Planned Development requirements. Findings The City disclosed the potential for environmental effects concerning these issues and required feasible and implementable mitigation measures for each concern. In addition, the Final EIR included a revised project design that incorporated feasible mitigation measures outlined in the EIR and modifications recommended in the Alternatives Analysis in the Draft EIR. Subsequently, the Project Description was formally amended and this modified project was evaluated in the Final EIR; a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Applicable findings are that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR [CEQA Section 15091 (a)(1)]. Rationale The revised Project Description include all of the features recommended in the Final EIR Alternatives Analysis which were necessary to improve the land use compatibility of the project with surrounding properties and to resolve outstanding concerns regarding infrastructure planning, annexation, Trustee Agency consultation and related issues. These changes included providing substantial open space dedications, arranging c:\ 1- m\sdi \cega. fnd 3 8 -21 -96 for water service through consultations with Waterworks District No. 1, further field evaluation for rare and endangered plant and animal species, provision of additional details regarding construction, the creation of an open space buffer in the form of an easement area within which development would be restricted or prohibited and land dedications to the City. In addition, limitations were imposed on the alignment of infrastructure extensions. Specific changes in the revised Project included: • The total number of lots was reduced from 10 to 8, primarily due to consolidation of open space, and only three lots (1, 2, and 3) are to be developed with commercial and industrial uses. • Undevelopable or conservation easement dedicated open space lots were assigned an alphabetical designation to avoid any confusion about the potential for buildout of commercial or industrial facilities on these parcels. • In response to concerns about the feasibility of developing original Lot 4, Lots 3 and 4 were combined into a single Lot 3. Stringent Conditions of Approval were developed for the Vesting Tentative Map which require geotechnical testing and development of safe, reliable primary and secondary access for the remainder portion of Lot 3 for which no specific development proposal has been conceived by the applicant. • Former Lot 5 was redesignated as an unbuildable parcel and was assigned the designation Lot A. • Former Lot 6 is now proposed to be two lots - -Lot 4 and Lot D. • Former Lot 7 was redesignated as an unbuildable parcel and was assigned the designation Lot B. • Former Lots 8 and 9 were combined and redesignated as an unbuildable parcel and were assigned the designation Lot B. • A portion of former Lot 10 is now designated as a private road easement and the remainder has been incorporated into Lot 3. • The private road ( "A" Street) was modified to provide four travel lanes between the intersection with New Los Angeles Avenue and the Lot 3 driveway. • "A" Street now terminates approximately 1,000 feet east of the driveway location for the Phase 1 portion of Lot 3. c:\ 1- m \sdi \cega. fnd 4 8 -21 -96 The proposed building elevations were revised to achieve greater compliance with the Hillside Grading Ordinance requirements. Colors were revised to emphasize blending the building massing with the surrounding natural terrain. The roof line now includes more variation and is slightly higher overall, with the highest point being 41 feet. A terraced planter has been added along the north elevation. The proposed beige and blue colors are intended to blend with the hillside and the sky. The previously proposed white (building) and gold (door) colors have been deleted. The site plan was revised to show more clearly the parking area dimensions, handicapped parking, type of parking and driveway area surfacing, and bicycle parking and motorcycle parking locations. A wider driveway has also been provided to allow two turn lanes in and out of the facility which should improve peak hour circulation . The consistency of the project with adopted environmental goals and policies was evaluated in Chapter 5 of the Final EIR. With exceptions related to air quality and impacts to biological and visual resources which are referenced in the Statement of Overriding Considerations, the amended project as described in the Addendum to the Final EIR and in exhibits provided by the applicant resulted in the incorporation and adoption of all required, feasible mitigation measures. With these modifications, the project was found to be in conformance with the goals, policies, and programs in the applicable Elements of the General Plan. Geologic and Seismic Hazards Anticipated Adverse Environmental Effects According to the preliminary grading plans for the project, approximately 1,500,000 cubic yards of earth are to be graded to create building pads and access roads. The proposed grading would be balanced on -site within an initial major rough grading phase. Based on the preliminary geotechnical report, cuts of up to 65 feet and fills up to about 120 feet in depth would be created during site rough grading. Maximum cut and fill slopes (lateral extent of slopes in plan view) would extend 400 to 500 feet in width and 500 to 900 feet in length, respectively. The grading design has been conceived to minimize, to the extent feasible, the adverse appearance of manufactured slopes by daylighting proposed grades with contours of unmodified slopes. Based on the grading plans, cut and fill slope gradients up to two horizontal and one vertical are planned in most locations. Generally, ridges and hilltops are to be cut and canyons filled in order to create relatively flat building sites and access roads. Although this is generally compatible from a geotechnical c:\I-m\sdi\ceqa.fnd S 8_21 -96 standpoint, the proposed grading would substantially alter the existing on -site topography and drainage patterns. Project construction and grading activities would involve removal of vegetative cover, excavation and cut and slopes, and operation of heavy equipment. Significant impacts to soils include accelerated erosion and downslope deposition and increased potential for surficial sliding and slumping. Compaction of soils by heavy equipment may reduce the infiltration capacity of soils. The reduced infiltration may deprive soil and vegetation of water and may substantially increase runoff and erosion, particularly into the Arroyo Simi drainage descending along the northern perimeter of the project boundary. Sedimentation patterns into the creek would likely be greatly altered by denuding of slopes and by grading activities at the site. Surficial landslides and slope failures are present in three locations within the property in the vicinity of pad locations. The constraints posed by these landslides have been taken into account in the design of the project. Few landslides or unstable slopes exist within the manufacturing facility building area proposed for Lot 3 or commercial Lots 1 and 2; however, landslides are present within and surrounding Lot 3. In addition, liquefaction related slope failures are predicted for the access road proposed to link the flag area of Lot 3 to the primary development portion of Lot 3. A substantial portion of the central, eastern, and southern perimeter of the SDI property is characterized by unstable slopes and existing landslides. The proposed distribution of manufacturing and commercial uses within the project boundary would minimize the potential hazards of major landslides to damage commercial buildings or generate injury related to failure; landslide failures and slope stability issues primarily concern the development of Lot 3. Minor landslides are sufficiently small that it is feasible to mitigate potential impacts using conventional grading operations (i.e. removal or support with an earth buttress). The susceptibility of a soil to liquefaction is dependent upon various criteria including (1) a loose consistency, (2) the presence of ground water, (3) grain size distribution, and (4) intensity of ground shaking. Based on data contained in the geotechnical report for the project, liquefaction impacts are predicted to be significant. A substantial amount of older alluvium is present within the building area within both Lots 2 and 3 and in the vicinity of the proposed access road across the fill slope to be constructed on the northern perimeter of Lot 3. This material is failure prone, must be removed and stabilized. Impacts associated with liquefaction potential are anticipated to be significant. c:\1-m\sdi\ceqa.fnd 6 8 -21 -96 Ground shaking may also activate marginally stable landslides and unstable slopes. Deep fill slopes constructed over older alluvium with the capacity to liquefy are proposed in the northern portion of the development, particularly adjacent to the potential access road that would be required to link the flag area of Lot 3 with the primary development area for that lot. Ground shaking from an earthquake could cause surficial slumping or failure in this area with subsequent damage to roads and parking lot areas. These potential liquefaction- induced slope failure problems may result in future remedial costs to restore and regrade some portions of the proposed access road and parking area on Lot 3. Further, since dual access has not been provided to the flag lot portion of Lot 3, a liquefaction related slope failure could isolate the building and its occupants during emergency or fire conditions. The failure of this road could result in both structural damage and threats to human safety that would result from slope failures along the fill slope on the northern perimeter of Lot 3. Colluvial deposits identified at the site are subject to creep, as are some of the natural soils, which are also susceptible to soil slip /debris flow. Most of these conditions can be mitigated by the geotechnical planning in advance of grading; potentially unstable materials would need to be removed. Only a few locations would be situated below natural slopes with the potential for significant surface instability. Un- cemented sands exposed in cut slopes would also be subject to surficial deterioration. There is some potential for significant damage to structures placed upon insufficiently compacted soils during seismic events; in the case of the SDI project, the access road connecting the two proposed development areas of Lot 3 is situated in an area subject to subsidence, potential impacts associated with this hazard were determined to be significant. When lot specific and access road related structure geotechnical testing is completed for this development, additional ground settlement tests will be required and if such tests demonstrate any potential for liquefaction or subsidence, the City Building and Safety Office will require and enforce grading conditions to mitigate any potential impacts. The City Engineer, however, may require additional testing prior to certification of the Final EIR or approval of the Final Map. This issue needs to be resolved prior to certification of the EIR. Findings The City disclosed the potential for adverse environmental and potential property related effects resulting from the exploration of the geologic suitability of the property for the uses proposed. Specific mitigation measures were conceived to offset impacts related to (1) landslides and slope stability, (2) seismic hazards related to fault rupture, (3) c:\1-m\sdi\ceqa.fhd 8 -21 -96 liquefaction potential, (4) the suitability of the project site for the proposed use and the appropriateness of the site design and grading concept. Furthermore, the Draft EIR included an alternatives analysis that recommended project redesign to minimize geologic hazards. A revised project design was conceived that incorporated most of the required mitigation measures outlined in the Draft EIR. Subsequently, the Project Description was formally amended and a Final EIR was prepared describing this revised alternative; a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. The applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a)(1)]. KFUNKORRVIN Feasible and implementable mitigation measures were developed for each area of geologic concern. Project mitigation measures require additional, detailed, site specific geotechnical investigation and preparation of further geologic studies prior to recordation of the Vesting Map. Mitigation measures also require remediation of unstable slopes, removal and stabilization of landslides, and compliance with the recommendations of soil and geologic studies. With the imposition of these mitigation measures and taking into account the redesign of the project to avoid or minimize environmental effects, changes or alterations have been required and incorporated into the project that have reduced potential geologic hazards to insignificance. Air Quality Anticipated Adverse Environmental Effects The proposed project would result in both short -term construction impacts during the project development phase and long -term impacts related to increased vehicle trips associated with occupation and use of industrial and commercial buildings. Short -term construction impacts would primarily result from fugitive dust generated by the project grading program to create the landscape improvements, building pads, infrastructure improvements, and from exhaust emissions associated with heavy -duty construction equipment. Cumulative long -term effects on the regional air shed would result from both new building occupancy and use of the proposed commercial center. c:\I-m\sdi\ceqa.fnd g 8 -21 -96 Once completed, the proposed development would result in a long -term source of air emissions. This would primarily be caused by an increase in motor vehicle traffic, but would also include emissions from stationary sources such as on -site natural gas combustion (heating, etc.), on site mixing and processing of raw materials (the burning of waste water filters, and clean up paper), evaporates used in wet mixing processes, and off -site electrical powerplants (electrical demand). The California Air Resources Board (Air Quality Analysis Tools, 1989) Model URBEMIS version 5 was used to calculate the vehicle emissions of the proposed project. The URBEMIS 5 Model inputs correspond (with minor adjustments) with the trip generation rates used for the traffic analysis. The primary additional vehicle trips associated with development of the Special Devices Incorporated Regional Headquarters Manufacturing Plant Facilities, and Commercial Development Project would result from routine, daily vehicle trips to and from the occupied buildings of the industrial complex and trips resulting from occupation of the commercial buildings within the project by employees and use of these commercial facilities by residents of Moorpark and the surrounding region. The long -term air quality effects of the project are almost exclusively related to automobile emissions in the community airshed resulting from the proposed commercial uses; the manufacturing and office uses associated with the SDI facility itself would be comparatively minor. Using the emission factors for commercial and manufacturing projects provided in County Guidelines, construction of the proposed Phase 1 office and manufacturing facility would result in a total net increase of 15.71 pounds per day of Reactive Organic Compounds (ROC) and 10.04 pounds per day of Nitrogen Oxides (NOx); with the addition of the Phase 2 expansion for Lot 3, total predicted emissions would be 23.03 pounds per day of Reactive Organic Compounds (ROC) and 14.71 pounds per day of Nitrogen Oxides (NOx) for full buildout of Lot 3. While these emissions do not exceed thresholds, with the addition of the proposed Lot 3 flag lot expansion, total SDI project emissions are predicted to be 39.36 pounds per day of Reactive Organic Compounds (ROC) and 25.13 pounds per day of Nitrogen Oxides (NOx). Thus, with full buildout of the proposed manufacturing facility, air quality impact thresholds would be exceeded. The future development of commercial facilities on Lots 1 and 2 individually and collectively would result in significant unavoidable air quality impacts. The new emissions to be generated by the commercial aspects of the project can at least partially be offset by APCD recommended mitigation measures. However, even with mitigation efforts, including payment of mitigation fees, the project's incremental contribution to a decline in the quality of air in the community would be significant. c:\1-m\sdi\ceqa.fnd 9 8 -21 -96 The volume of long -term operational pollutants generated by the proposed project was judged to be significant (based on APCD significance thresholds) . Because the Ventura County APCD uses the same long -term operational thresholds to evaluate project specific and cumulative air quality impacts, by definition, the proposed commercial components of the project would have a significant cumulative impact on the degradation of the airshed. Because project specific effects are significant and unavoidable, cumulative effects are, by definition, also unavoidable. The City disclosed the potential for significant, unavoidable adverse environmental effects on local and regional air quality in the Final EIR for this undertaking. Project modifications that would have reduced the volume of pollutants were considered in the Alternatives Analysis. These alternatives included: Alternative l: No Project Alternative 2: Reduced Manufacturing Facility Size (150,000 square feet) Alternative 3: Deletion of Lot 4 and Use of Commercial Lot 2 for Manufacturing Facility Expansion Alternative 4: Revised Vesting Map and Modified Project Alternative Alternative 5: Alternative Locations As disclosed in the rationale statement concerning project alternatives in the concluding section of these findings, with the exception of Alternative 4 (Revised Project Design), these alternatives were determined either to be infeasible or not capable of being implemented, or, the alternatives considered would not substantially reduce air quality emissions. The adopted alternative, Alternative 4, failed to result in a significant reduction of air quality impacts and therefore a Statement of Overriding Considerations was required for this impact. Mitigation measures were conceived which partially offset air quality impacts. Since adverse effects were not fully mitigated, a Statement of Overriding Considerations has been prepared. Without a substantial reduction in the size of the project, diminishing air quality impacts sufficiently to reduce the impacts of the project to non - significant levels cannot be achieved. For the reasons cited in the c:\I-m\sdi\ceqa.fhd 10 8 -21 -96 Alternatives Analysis section of these findings, a reduction in project size was not recommended in the Final EIR as the environmentally superior alternative. Feasible and implementable mitigation measures were developed for both construction and long -term operational emissions that were anticipated to occur as a result of project implementation. These mitigation measures include transportation demand management planning, construction mitigation planning, and incorporation of trip reducing technologies into the project (to the extent feasible and applicable) . With the imposition of these measures and taking into account the redesign of the project to avoid or minimize environmental effects related to air quality (e.g., decreasing the extent and duration of grading), impacts were reduced to the extent feasible. Therefore, applicable findings are that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR [CEQA Section 15091 (a)(1)] and specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (CEQA Section 15091 {a }(3)] that could have further reduced air quality impacts. The new emissions to be generated by the project can at least partially be offset by APCD recommended mitigation measures. However, even with mitigation efforts, including payment of mitigation fees, the project's incremental contribution to a decline in the quality of air in the community would be significant. Groundwater Supplies, Domestic and Reclaimed Water Use, and Surface Water Quality Anticipated Adverse Environmental Effects Given the status of current imported water supply planning and the likelihood that present expansion plans for wholesale water supplies will be implemented in the near future, the project's impacts on imported water supply limitations would be insignificant. In addition, both Calleguas and County Waterworks District 1 have reviewed the project's water demands, storage requirements, and related conveyance systems and committed to providing domestic water service for the project. Domestic water for the Waterworks District No. 1 imported water sources t supplies are limited and reduced in accord with project will be provided by Ventura County The District's use of both underground and o service the area is restricted; groundwater regulated - -total future extractions must be Groundwater Management Agency requirements. c:\1-m\sdi\ceqa.fnd 11 8.21 -96 Imported water sources, while contracted for in good faith by both Calleguas and the Metropolitan Water District, are subject to variation in supply depending on northern California regional rainfall trends. Imported wholesale water is delivered to the District by the Calleguas Municipal Water District (CMWD) through nine metered locations within the District's boundary. Sources of water for the SDI Project will be provided by the District via district turnout stations from Calleguas main service lines. The proposed water supply for the project would be met using imported water supplies rather than local groundwater. The applicant is proposing that the project water supply requirements are to be accommodated by either existing or planned reservoirs in either the 920 and 757 service zones pursuant to the Master Facilities Plan for the District. If required, supplemental reservoirs, which would be sized to accommodate the project plus other needs of the District, have not yet been sited. Wastewater collection and treatment is provided by the District at the Moorpark Treatment Facility. Wastewater is conveyed from developed portions of the City through gravity sewer mains to the Moorpark Treatment Plant. Wastewater mains are present in Science Drive in close proximity to the SDI Project; therefore, limited infrastructure extensions would be required to access existing wastewater main lines. The projected sewer treatment demands associated with the three lots that would be developed with either commercial or manufacturing uses are projected to be 197,410 Gallons Per Day (GPD) for the three Lots (1, 2, and 3) that would be served via a mainline extension from the New Los Angeles Avenue Interchange northbound ramp to the existing main adjacent to Science Drive. First flush pollutants (hydrocarbon, oil, and automobile residues deposited in stream channels as a result of initial seasonal rains) have the potential to affect water quality in the Arroyo Simi. The Regional Water Quality Control Board does not consider such parking lots, even large parking lots, as either primary or significant point source pollutant generators. However, NPDES regulations and planning guidelines for the use of Best Management Practices recommend that consideration be given to implementation of a system of water quality management that prevents first flush pollutants from being discharged into important riparian systems. Therefore, while the impacts of the pollutants discharged from the parking lots within the area to be developed on Lots 1, 2, and 3 may only result in very minor impacts to water quality in the Arroyo Simi, mitigation measures will be required to comply with NPDES water quality maintenance requirements. Erosion and sedimentation resulting from construction of the proposed SDI project and related commercial structures would result in considerable c:\1-m\sdi\ceqa.fhd 12 8 -21 -96 short -term construction related effects. Ultimately, erodible areas on the property would be protected with landscaping and extensive hardscape and building development. With implementation of recommended mitigation measures, the development would not contribute to cumulative erosion and sedimentation impacts. However, contaminants present in runoff generated by additional urban development within the watershed, in conjunction with contaminants from existing urban development and other sources including septic systems within the project vicinity and treated wastewater discharge from the Moorpark Treatment Plant would potentially result in minor degradation of water quality within the Arroyo Simi and downstream areas of the Arroyo Las Posas tributaries. Further, runoff generated by cumulative development may potentially increase water levels within downstream channels, resulting in changes to the stream chemistry and biology. However, given the relatively small area within the project boundary to be impacted (approximately 100 acres) and the large size of the watershed (about 129 square miles) the degree of project contribution to long -term cumulative impacts is considered minor and insignificant. Findings The City disclosed the potential for adverse environmental and potential property related effects resulting from the extraction of water from local groundwater sources, the use of landscaping maintenance chemicals, and the increase in impervious surfaces capable of transporting water quality reducing chemicals from parking areas and streets. A number of changes and alterations were required to the design of the proposed wastewater and domestic water extraction and conveyance system; the protection of water quality will be assured through the preparation and implementation of a Water Quality Management Plan and related stormwater management plans. Finally, requirements were established for coordination with another agency (Water Works District No. 1) and which is responsible for the management and distribution of water supplies and fire flows for the project. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR [CEQA Section 15091 (a )(1)]. Rationale Specific mitigation measures were conceived to offset impacts related to (1) groundwater management, (2) wastewater treatment line relocations and domestic water conveyance lines, (3) monitoring use through time to c:\I-m\sdi\ceqa.fhd 13 8-21-96 measure and correct for any effects on surface water quality, (4) the potential for erosion and sediment impacts related to grading, temporary erosion control, and (5) the long -term use and management of chemicals both in the manufacturing facility and on exterior landscaping. Based on available data, the proposed project effluent can feasibly be processed by the Moorpark Treatment Plant without adverse effects on long -term or short -term treatment capacity. The total treatment demand would not adversely affect treatment capacity. A contract for the provision of this water has been proposed by the applicant and approved in concept by the District. Although chemicals are used in the maintenance of landscaping, the array and volume of these materials are minor compared to comparable agricultural activities. With proper management of landscaping maintenance, facility operations, and storm drain first flush facilities, no contamination of downstream surface waters from the project even under worst case conditions. Drainage, Hydrology, and Flood Control Planning Anticipated Adverse Environmental Effects The anticipated improvements that will be required to achieve the basic objective of detaining on site the increased water and debris flows resulting from the proposed project will involve (1) the development of on -site detention basin capacity to retain abut 44 cfs of discharge which would result from construction of the development (Mary Lewis, Project Engineer, South Bay Engineering, Personal Communication, March 1996), (2) installation of properly sized drainage conveyance devices from the on- site retention to the Arroyo Simi, and (3) improvement and replacement of existing drainage conveyance devices adjacent to State Route 23. The Ventura County Flood Control District has indicated that implementation of all of these improvements will be required. In addition, the proposed development will be required to provide for improvements within on -site drainages (i.e., catch basins, piping, and culverts); these facilities will need to be designed to comply with City of Moorpark and the Ventura County Flood Control District standards. With proper detention and debris basin planning, changes to on -site drainage volume and patterns would not have a significant impact to downstream drainage facilities or adjacent properties. The primary watershed descending through the project (the Arroyo Simi) carries a very substantial and rapidly moving volume of water during major storm events (Final EIR on Arroyo Simi Channel Improvements c:\1-m\sdi\ceqa.fnd 14 8 -21 -96 Hydrologic Analysis, page 5 -5). Lots 1, 2 and 3 are situated in close proximity to the existing banks of this drainage. In several places, these existing flood control channels are subjected to scouring water; vertical banks are also characteristic of the channel and such banks are subject to failure during high water velocity events. The types of soil present along and above the floodplain of the Arroyo, particularly adjacent to Lot 3, are relatively erosible. Based on a preliminary review of the Arroyo Simi hydrology calculations, geological setting, and landform shape in relation to stormwaters, it is reasonable to assume that Lot 3, including the flag lot portion and access road, would potentially be subject to potentially undermining bank erosion and /or earthquake related slope failure that could otherwise impact or modify existing banks. Lots 1 and 2 are situated well above the Arroyo and no improvements are planned along the northern portion of these lots at this time. The potential for loss of or damage to some manufacturing, commercial, or related access road improvements along the northern portion of the project and the potential for damage to parking and roadway improvements along the Arroyo Simi drainage are considered significant impacts. Without proper bank protection and flood control planning related to the design of future uses on the flag lot portion of Lot 3, which is bounded at grade on the northern and western perimeter by the Arroyo Simi, significant adverse impacts could occur as a result of (1) stormwater induced road failures, (2) ponding in the vicinity of Lot 4 if the arroyo breaks out or is redirected from its present channel, and (3) bank scouring which could undermine bank or bridge stability; these impacts are considered potentially significant. It is also important to recognize that bank protection alone would not remediate the potential for damage and impact that may result from predicted liquefaction related failure in the proposed fill slope along the northern perimeter of Lot 3. Bank protection is required to prevent undercutting of this fill slope which could contribute to slope failure, especially in saturated conditions. Runoff and stormwater quality control measures would need to be implemented during and after construction to avoid silt and debris transport effects. Additional efforts will also be required to comply with the National Pollutant Discharge System requirements for stormwater. The cumulative effects of downstream silt and debris transport could be potentially significant. During the mass grading period, the amount of debris exiting the site at the property boundary during construction would be substantially greater than natural conditions if the proposed debris basin is not constructed coincident with the onset of mass grading. Therefore, a significant short -term impact could occur if grading were allowed to proceed into the first rainy season without c:\1 -m\sdi\ceqa. fnd 15 8 -21 -96 putting into place appropriate debris management technology (a Class II impact). The cumulative effects of downstream debris transport would be potentially significant even if a net reduction in long -term silt and debris movement results from implementation of the project. On -going maintenance will be required to excavate and transport excess sediments from any on -site debris and retention basins to offsite locations. Trapped sediments would consist mostly of granular materials such as sands and silts. Sediments trapped in the detention basin would carry only very minor potential for contamination from parking lot related discharges and manufacturing uses. Without proper maintenance, the proposed debris and detention facilities would fail to accomplish the objectives for which they have been designed. The City disclosed the potential for significant adverse environmental effects on local and regional drainage systems and existing flood control improvements. Project modifications that would have reduced the volume and dispersal of pollutants were considered in the Alternatives Analysis. As disclosed in the rationale statement concerning project alternatives in the concluding section of these findings, with the exception of Alternative 4, these alternatives were determined either to be infeasible or not implementable, or, the alternatives considered would not substantially reduce flood control related effects. A number of changes and alterations were required to the design of the flood control system for the project; the applicant has agreed to implement all required mitigation. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a )(1)]. Rationale The applicant had not proposed an urban runoff mitigation program and therefore as planned, extensive erosion could occur during the initial grading program. In addition, runoff and stormwater quality control measures were needed to be implemented during and after construction to avoid silt and debris transport effects. Additional efforts would also be required to comply with the National Pollutant Discharge System c:\1-m\sdi\ceqa.fnd 16 8-2 1-96 requirements for stormwater. Mitigation measures related to the protection of water quality and proper collection and dispersal of floodwaters has been assured through the requirement to prepare a Master Drainage and Flood Control Improvement Plan and a Bank Protection Plan (if determined to be necessary by the City Engineer) prior to the initiation of grading activities. Biological Resources Anticipated Adverse Environmental Effects Development of Lot 3 and related rough grading site preparation for Lot 2, the access road to serve these two Lots, and limited remedial grading on Lot 1 would result in the direct loss of approximately: (1) 13 acres of cactus scrub, (2) 1 acre of California Walnut Woodland, (3) 1 acre of Alluvial Scrub, and (4) indirect modification of 18 acres of other aquatic and riparian habitats. These communities all meet the definitions of significant rare or sensitive habitat. A substantial portion of the land around the perimeter of the manufacturing and commercial portions of the project would need to be cleared and modified for fire protection purposes, further diminishing the existing native plant communities. Disturbance associated with clearing and grubbing, grading, and equipment storage and rough earth movement would further destroy an undetermined amount of less significant types of vegetation. Total sensitive native habitat loss resulting from implementation of the project is estimated to be about 40 acres (distributed over a variety of community types). The adverse effects resulting from destruction of sensitive habitats and plant communities would be very significant. Therefore, implementation of the project would contribute significantly to the gradual, potentially inevitable, elimination of locally significant plant communities as existing, viable habitats. A total of 110 mature trees were counted and evaluated in detail within the approximately 140 acre boundary of the Lot 1, 2, and 3 manufacturing and commercial development construction area. According to the current grading and construction plans, there are 45 trees estimated to be destroyed by construction on Lot 3 (Phase 1 of the SDI manufacturing and office facility project). The destruction of oak specimen trees,would result from development of Lots 1, 2 and 3, and is considered a significant impact. A total of 18 sensitive plant species are known to occur historically in the vicinity of the study area. Of these, four species were determined to occur (or to potentially occur) within the study area due to the suitability of on -site habitat. These include the Lyon's Pentachaeta, which is both a Federally Proposed and state - listed Endangered Species, c: \1 -m\sdi \ceqa.fnd 17 8 -21 -96 and the slender- horned spineflower, a state and federally- listed endangered species. The two clusters of Lyon's pentachaeta ( Pentachaeta lyoni) located on the property are located within herbaceous communities along ridgelines in the southeast corner of the property would not be impacted by construction. Of the biological resources found on -site, the riparian and cactus scrub communities are considered to be the most sensitive. The riparian communities (Alluvial Scrub and Mulefat Scrub) cover 17.5 acres of the property. Because, riparian habitats represent high -value wildlife habitat and are rapidly diminishing throughout California, these communities are considered sensitive by natural resource agencies. The cactus scrub located in isolated locations on the site serve as habitat for the cactus wren, a species of bird listed as a U.S. Fish and Wildlife Service federal candidate (Category 2) for listing as threatened or endangered. The non - native grasslands and disturbed areas are not considered sensitive. The main riparian corridor is on the north side of the project boundary and surrounds the Arroyo Simi. There are no other blueline streams located on the property. While most riparian areas would be subjected to indirect impact, primarily, some unknown portion of the riparian habitat in the Arroyo Simi would be subjected to direct impacts, particularly along the northern and western perimeters of the flag lot portion of Lot 3 and the northern perimeter of Lot 2. The proposed 100 foot (or greater) fill slope in the northern portion of Lot 3 would also result in direct and indirect impacts to riparian vegetation. In addition, riparian communities would be directly affected by increased erosion both during and after construction of the project facilities and by increased runoff from the parking areas within the project boundary. Direct impacts to the riparian corridor would result from the following activities: • construction of bank protection and drainage conveyance devices along the northern perimeter of the development adjacent to Arroyo Simi; • clearing, grubbing, and grading for the construction along the embankments above the present flood channel; and • construction of flood control improvements and retention basins. Although it is difficult to estimate the area of direct impact given the level of detail presently available concerning final commercial and c:\1-m\sdi\ceqa.fnd 18 8 -21 -96 manufacturing hydrology and flood control design, drainage routing, bank protection requirements, and related matters, based on an initial computation of the zone of direct impact on riparian areas, approximately 18 acres of riparian habitat are likely to be impacted either directly or indirectly by the project. The adverse effects of construction within and adjacent to the riparian corridor would result in direct or indirect impacts to about 18 acres of habitat or potential habitat, a significant impact requiring mitigation planning. Indirect effects on the habitats adjacent to the project are predicted to occur as a result of project approval. The potential adverse biological effects on surrounding biological resources could potentially include increased and unregulated recreational use of surrounding lands, intrusion of non - native plants and domestic animals into the remaining relict components of the surrounding natural ecosystem, and the creation of impediments to wildlife dispersal. Disturbance to nearby habitats through increased noise, traffic, lighting, and general human activity are also potentially significant. Construction of the project would result in wildlife mortality. This impact was determined to be an adverse but not significant impact. The extent of animal mortality would not seriously impact the viability of any vertebrate species. Regional animal populations would be sustained despite the mortality of vertebrates associated with construction disturbances. A total of 31 sensitive or special interest faunal species (including 7 reptiles, 17 birds, and 7 mammals) are known to occur in the vicinity of the project site. Two sensitive bird species, the Federal Candidate Category 3b San Diego cactus wren, and the Federal Candidate Category 2 Southern California roufous - crowned sparrow were observed within the study area during the late spring -early summer census of fauna. In addition, the Coastal whiptail, a reptilian Federal Candidate Category 2 species, and the American Badger, a mammalian California Species of Special Concern, were observed on the site. A complete description of all of the candidate species and sensitive species observed within the project boundary is provided in the Biological Resources Technical Report (Appendix 5). Due to the nearly complete anticipated destruction of existing plant communities within the central portion of the property and the anticipated transformation of the environment which would occur with implementation of the project, adverse effects on these special interest species are anticipated to be permanent and significant; predicted impacts include temporary dislocation, essential habitat removal, construction mortality, and long -term habitat loss and related species displacement. While candidate and special interest species were observed c:\1-m\sdi\ceqa.fnd 19 8.21 -96 or are expected to occur within the project boundary, with the exception of the Cactus Wren and Least Bell's Vireo, no presently designated State or Federal threatened or endangered wildlife species were observed or are expected to occur on the site due to the lack of suitable habitat. Buildout of Lot 3 for the SDI facility and Lots 1 and 2 for commercial uses would result in the destruction or permanent alteration of approximately 140 acres of wildlife habitat (a Class I impact), due to construction disturbance and required fire clearance. The total extent of habitat destruction or modification cannot be estimated with precision until a refined grading plan is prepared and the location and extent of all on -site and off -site improvements are designed. However, in general, the present design of the project would result in a transformation of native habitats from open space areas with high wildlife value to manufacturing and commercial facilities surrounded by relict areas of habitat. A 100 -foot or greater Fuel Modification Zone, which will be required to be created around the perimeter of the manufacturing and commercial sites, would also result in the destruction of a substantial amount of habitat. The area of disturbance and modification of habitat extends beyond the direct impact area. Cumulative indirect habitat effects would also result from habitat degradation associated with human occupation. Fuel modification and other transformation of native habitat would result in cumulative impacts to existing vegetation (a Class II impact). The direct loss of habitat resulting from construction as well as the indirect loss through habitat degradation would destroy or significantly compromise the entire site as a functioning ecologic system (a Class II impact) . The cumulative impact would be to seriously modify remaining stands of a threatened vegetation community and the associated complex of birds, reptiles, amphibians, and other life forms. Development of this project would eliminate or severely diminish relatively sedentary species that currently live within the project boundary. More mobile vertebrate species would be displaced into adjacent habitats which are already likely to be saturated with conspecifics. These displaced individuals would also suffer high mortality rates. Widely- foraging vertebrates such as raptors and carnivores would experience a contraction of foraging space, the cumulative effects of which are elimination of the entire site as an ecologic unit. The direct and cumulative effects of habitat loss on existing vertebrate populations is considered significant. c:\1-m\sdi\ceqa.ffid 20 8 -21 -96 The entire project site in its present form functions less as a wildlife corridor and more as a refuge or destination area for wildlife. The project represents one of the larger areas of intact, open space land, not previously disturbed by agricultural uses, along the northern perimeter of the City of Moorpark. Imbedded within the regional landscape surrounding the project site are several natural features that could be considered wildlife corridors. Any of the deeper ephemeral washes and intact streams in the area offer value as potential wildlife corridors. These elements are particularly valuable because they dissect a series of habitats along their entire length thereby contacting a wide variety of vertebrate species. Therefore, the potential loss of this "secondary linkage" wildlife corridor is considered significant. Findings The City disclosed the potential for environmental effects concerning biological resource impacts and determined that for most of these impacts, feasible and implementable mitigation measures could be identified. Changes or alterations have been required in the Project Description to preserve biological resources (e.g., creation of habitat restoration areas, conservation easement areas, and the use of native plants in the landscaping program). In addition, the Final EIR included a revised project design that incorporated most of the required mitigation measures outlined in the EIR. Subsequently, the Project Description was formally amended and additional analysis of the revised project alternative was included in the Final EIR; a revised set of Conditions of Approval were developed to mitigate impacts not offset by project redesign. Therefore, applicable findings are that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR [CEQA Section 15091 {a }(1)] and specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR [CEQA Section 15091 {a }(3)] that could have further reduced impacts on biological resources, flora, fauna, and rare and endangered plant and animal species. Mitigation measures were prepared to address all issues related to the biological significance of the property to be developed. For each impact, corollary mitigation measures were designed which, in general, would reduce impacts to acceptable levels. This mitigation planning included offsetting measures to compensate for: (1) the destruction of c:\1-m\sdi\ceqa.fhd 21 8 -21 -96 botanical resources and sensitive habitats, (2) impacts to rare and endangered plant populations, (3) impacts to riparian habitats, (4) indirect effects on and disruption of the ecology of the surrounding open space, (5) construction related vertebrate mortality and impacts to faunal resources, and (6) cumulative loss of habitat, plant communities, and effects on wildlife corridors. In regard to issue 6, mitigation was determined to be incomplete and therefore a Statement of Overriding Considerations was prepared. Noise Anticipated Adverse Environmental Effects Potentially significant short -term increases in ambient noise levels may be perceived by residents living north of the project vicinity (north of the Arroyo Simi) as a result of: (1) construction vehicle ingress and egress to the project site; (2) activities in construction staging yards; (3) the operation of temporary on -site generators; (4) daily construction worker ingress and egress to the project site; (5) prolonged rough and finish grading; (6) facility construction and related materials deliveries. The loudest construction -type activities may require more than 1,000 feet of distance between a source and a nearby receiver to reduce the average 91 dBA source strength to a generally acceptable 60 dBA exterior exposure level (from stationary equipment) . The only residential areas in the project vicinity are situated about 2,000 feet north of the construction boundary. Since noise from localized sources (such as noise from construction equipment) typically attenuates (decreases in audibility with increased distance from the source) by about 6 dBA with each doubling of distance from source to receptor, outdoor receptors (residential neighborhoods north of the Arroyo Simi) set back from the construction area by more than 1,000 feet from the construction boundary would experience about a 45 dBA sound attenuation. c:\1 -m\sdi \ceqa.fnd 22 8 -21 -96 This level of construction noise would not cause significant annoyance for any surrounding residential area. The topography of the project site and existing community and roadway noise associated with State Route 23 would also tend to mask and further attenuate construction noise. The primary source of noise with the potential to impact sensitive receptors in the community is motor vehicle traffic on the surrounding road system. Existing noise sources and CNEL values along these corridors have been accurately defined in the 1994 Technical Report for the Noise Element update to the City's General Plan. Moreover, due to the inaccessibility of the majority of the site and the substantial distances from the proposed locations of residences and other sensitive receptors from the New Los Angeles Avenue /State Route 23 interchange, no supplemental on -site noise monitoring was determined to be necessary to complete the impact evaluation for vehicle related noise. One of the qualities of sound propagation impacts related to traffic volumes on the street and highway system is that existing noise levels tend to "absorb" the noise that might be created by additional traffic volumes. For example, in order to produce a two to three dBa increase in CNEL noise levels along State Route 23 and adjacent street system segments (an increment of change that is barely audible to the human ear), traffic volumes would need to increase 100% above existing levels. Therefore, the volume of traffic that would be generated by the proposed project would not result in a perceivable change in noise volumes based on the audibility criteria outlined in Section 11.2 above. Therefore, buildout of manufacturing and commercial uses on Lots 1, 2, and of the Vesting Tentative Map and completion of Phases 1 and 2 of the SDI project would not result in adverse or significant noise impacts to sensitive receptors or residential neighborhoods along the local street system associated with the project. One component of the SDI manufacturing process involves testing devices in a manner that results in periodic detonations that result in un- contained noise (i.e., noise that is either directed outside of the manufacturing building or disperses beyond the containment provided) . The impulse noise related to operation of the project is periodically scheduled throughout a typical manufacturing week. This impulse noise would be recurrent but relatively infrequent; however, the present testing frequency may or may not reflect future patterns depending on inspection and permit requirements, changes to manufacturing procedures, product development and related issues. Further, SDI may engage in product development that could result in other sources of periodic testing noise that are currently unanticipated. Because of the materials being tested and manufactured involve detonations, without containment, noise impacts on the surrounding community could result from product manufacturing and research activities. c:\1-m\sdi\ceqa.fnd 23 8 -21 -96 Modeling the effects of such impulse noises is difficult to achieve at the project site until construction is complete and the on -site noise propagation characters of the site and manufacturing activities are actually measured. However, given the predicted values of impulse noise and the potential future sources of noise that are unknown at this time, impulse noise from the manufacturing buildings is predicted to be a significant impact requiring mitigation. Further, the proximity of future commercial uses on Lots 1 and 2 to the SDI manufacturing plants proposed for Lots 3 and the flag area portion of Lot 3 could interfere with retail uses in an unfavorable manner, making it difficult to obtain the most desirable uses at these locations. The City disclosed the potential for environmental effects concerning construction noise and roadway noise in relation to the proposed development. On the basis of these disclosures, mitigation measures were required for construction and operation related noise impacts. The required mitigation would avoid or substantially reduce the significance of construction and operation noise impacts. In addition, the Final EIR included a revised project design alternative that incorporated most of the required mitigation measures outlined in the Draft EIR. Subsequently, the Project Description was formally amended and a revised project description was analyzed in the Final EIR; a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a )(1)J. The noise impacts of the project were determined to be adverse and potentially significant during both the construction and operation phases of the project. Construction related mitigation measures have been required which should effectively reduce the construction noise impacts of the project to insignificance and conditions of approval were developed which will require all testing detonations to occur within structures designed to absorb noise. c:\1-m\sdi\ceqa.fnd 24 8 -21 -96 Fire Hazards and Fire Suppression Anricilpated Adverse Environmental Effects Although the area surrounding the SDI Project is characterized almost exclusively by chaparral and scrub vegetation, to a considerable degree, the project is insulated along its northern perimeter from regional wildland fire influences by the Arroyo Simi and residential as well as commercial development. Native plant types in the surrounding hillside include many different species which have adapted to frequent fires and extended periods of drought. The steepness of slope, soils, elevation, intensity of wind movements, fire frequency and climate all contribute to and influence the distribution and fire susceptibility of plants within the vegetation communities immediately adjacent to the project. Primary fire related risk in the project vicinity would result from a fast burning high intensity chaparral fire. These types of fires are less easily contained and suppressed than fires in oak woodland and grassland areas south and west of the SDI Project site. Property damage and loss of life are likely in chaparral fires which are characterized by rapid, high intensity burning patterns. Therefore, design features have been incorporated into the project to reduce fire risks. Implementation of the proposed project would result in an increased demand for fire protection services. Development of the project at full buildout of all areas zoned for development would result in the creation of about 330,000 square feet of manufacturing structures and about 170,000 square feet of retail development and the conversion of approximately 100 acres of predominantly undeveloped area to urbanized land uses and related slope maintenance zones. The steep topography and chaparral vegetation located in the project vicinity is highly conducive to wildfires. The planned internal fire suppression capability of the manufacturing plant and the substantial buffers between buildings, parking areas, and surrounding chaparral vegetation would reduce the overall hazard of existing conditions. Based on the proximity of the proposed project to an existing Fire Station and the adequacy of facilities and personnel at other fire stations in the immediate vicinity, no additional fire protection staffing or equipment is warranted to satisfy fire suppression demands associated with the project. Existing personnel and mutual aid agreements can respond to fires that may arise within or pass near the proposed project. The proposed project internal circulation system for Lot 3 has been designed to comply with standards established by the County Fire Prevention Division; dual access to this Lot has been provided via an c:\1-m\sdi\ceqa.fnd 25 8 -21 -96 access driveway proposed to be cut into the fill slope for the pad along the elevation parallel to State Route 23. Dual access to Lots 1 and 2 have not been provided; however, ingress and egress routes for Lot 2 are identical to Lot 3 and therefore dual access for Lot 2 may not be required. The concerns of the Fire Protection District regarding the requirements for providing dual access to the flag lot portion of Lot 3 have yet to be satisfied; this area is situated in an area which is separated from Lots 1, 2, and the Phase 1 development portion of Lot 3, by a substantial distance. The flag lot area is also surrounded by vegetation. At this time, all weather access across the Arroyo Simi to the flag lot portion of Lot 3 has not been provided, nor is proposed, and the slope stability of the landforms along the northern boundary of Lot 3 is not adequate to assure that this access road would remain open during an emergency event. Slope failure related to earthquakes (amplification or liquefaction related failure) is predicted by the geologic stability model for the areas where this single access is planned. The combination of the potential for earthquake related slope failure along the access planned for the flag lot portion of Lot 3 access road, and the absence of secondary access to this portion of the Lot, could result in a road closure during emergency conditions and an inability to access the building or provide egress. For this reason, only a portion of Lot 3 can adequately be served with fire protection services at this time. The location of this project on the perimeter of the hard chaparral community surrounding Moorpark and the need to conduct an extensive grading program would result in relatively pervasive construction related fire hazards. Initial site vegetation clearance and grading activities have the potential to result in increased fire hazards during initial phases of construction. Hazard and risk management for the SDI facility in Moorpark would be comparable to similar programs adopted for the existing SDI facilities in California and Arizona. From a regulatory standpoint, the risk management and emergency management procedures for the proposed plant are highly evolved, effective, and adequately regulated. It is clearly in the applicant's economic interest to comply with all applicable storage, use and disposal requirements since failure to comply could result in production interference. Based on a review of permit compliance at existing plants, consultant inspection of other SDI facilities, and interviews with applicable SDI risk management staff, possible complications from risk of upset conditions were determined to be insignificant as long as a risk management plan is prepared and implemented for the facility. The risk of upset hazard footprint for the materials in storage at the proposed plant would not extend beyond the c:\1-m\sdi\ceqa.fhd 26 8.21 -96 perimeter of Lot 3; in fact, the hazard footprint for the plant would be entirely contained within the developed portion of the property. The City disclosed in the EIR for the project the potential for significant adverse environmental effects related to fire hazards and impacts on fire protection services. On the basis of this information, changes to the project design were recommended and these modifications were incorporated into a revised project description. Project modifications that would have reduced the potential for impacts from wildland fires and for effects on local fire service providers were incorporated into the revised project design. Subsequently, the Project Description was formally amended and a revised project was analyzed in the Final EIR; in addition, a revised and final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a)(1)]. Rationale The proposed project internal circulation system has been designed to comply with standards established by the County Fire Prevention Division. The concerns of this agency have been taken into account in designing the road system serving the project. Dual access to and from the development, both for fire personnel and planned routes of emergency egress for future occupants of the manufacturing and commercial portions of the development, are adequate (except for the flag lot portion of Lot 3; however, this portion of Lot 3 is restricted from development until adequate access and fire management can be provided in the future). No other design modifications are required to meet County Fire Protection Division requirements. Implementation of the proposed project, together with other proposed development within District's service jurisdiction, would affect the ability of the District to provide sufficient fire protection services to the City of Moorpark. The cumulative impacts associated with the development of the project together with other proposed developments in the region would require additional staffing, equipment, and facilities in order to maintain adequate levels of fire protection throughout the c:\1-m\sdi\ceqa.fnd 27 8 -21 -96 City. Through proper design and management of fuel and topography, the impacts on fire suppression services can be minimized. Specific mitigation measures were proposed to address fire potential in the project vicinity. The measures included preparation of a Fire Hazard Reduction Program, specific building and construction requirements, road and driveway requirements, and fire hydrant /fire flow requirements. At this time, it is anticipated that the following federal, state, and county agencies would be involved in the design review, permitting, and operating oversight of the portions of the project that have some potential for risk of upset conditions: (1) occupational Safety and Health Administration (federal authority) : This agency provides regulations concerning employee exposure to chemical materials and manufacturing processes that involve risk or hazard. Both state and local agencies would administer and enforce these regulations at the plant. (2) Environmental Protection Agency (federal authority) : The EPA sets standards governing pollutants, emissions, and hazardous materials treatment, transportation and waste disposal. One small part of the SDI operations involves incineration of potentially toxic emissions and a federal permit to operate this incinerator will be obtained. (3) Department of Transportation (federal authority) : This agency sets standards on the packaging and transportation of explosive materials, regulates and certifies the drivers handling these materials and has developed a hazard classification topology that is used to rank the relative danger of explosive materials. Because the SDI facility would be manufacturing and shipping air bag initiators which contain minute amounts of explosive material, the handling and transport of the shipped initiators, particularly in bulk conditions, is regulated by this agency. The packaged initiators are considered to be of low volatility and are not stringently regulated. (4) Bureau of Alcohol, Tobacco, and Firearms (federal authority): This Bureau regulates the design and construction requirements for portions of the SDI operation that involve the storage and mixing of combustible and explosive materials. This agency also sets storage limits on inventory retained at the facility and performs compliance inspections to ensure that all explosive materials are handled properly. The BAT also would need to license the SDI facility. (5) Nuclear Regulatory Commission (a federal agency) : A very small amount of nuclear material is used in the manufacturing process (an c:\1-m\sdi\ceqa.fnd 28 8 -21 -96 X -ray process is used to verify the integrity of each initiator); this material is regulated by the NRC. The agency sets exposure limits for employees, regulates the design, construction and operation of machinery used in the manufacturing process, and defines licence requirements for the facility. In essence, the basic regulation of hazards and risk management for the proposed facility would require compliance with applicable federal agency restrictions, requirements, and standards, as interpreted and implemented by a variety of state and local agencies (e.g., the Regional Water Quality Control Board, the State Occupational Health and Safety Administration, the State Department of Transportation). County involvement in the review and operational oversight of the facility would involve the issuance of an Air Pollution Control District permit to operate; the County Fire Protection District would also be involved in review and oversight in defining and monitoring safety standards for the plant. The Fire Protection District would also register the facility as a hazardous materials generator and monitor compliance with risk management and hazardous materials management plans required as Conditions of Approval. Transportation and Circulation Anticipated Adverse Environmental Effects Two intersections in the project vicinity would operate at unacceptable Levels of Service [LOS D] under future traffic conditions predicted with the addition of Phase 1 (131,000 square feet of manufacturing facilities) of the SDI project to Year 2000 projected volumes. Impacted intersections and effects attributable to Phase 1 of the SDI project include: (1) A reduction of traffic capacity to LOS E at Spring Road at Los Angeles Avenue is predicted; however, this location would operate at LOS C with the improvements noted previously for this intersection under the Year 2000 No Project scenario. If the recommended improvements to this intersection are implemented as a scheduled Capital Improvement Project, then the project's effects at this location would be reduced to acceptable levels without additional mitigation. Therefore, impacts at this location are significant, but can be offset by making required contributions to the Los Angeles Avenue AOC Fund. (2) A reduction in LOS from 0.70 [LOS C] to 0.82 [LOS D] at Science Drive and New Los Angeles Avenue (a Class II impact); and c:\1-m\sdi\ceqa.fhd 29 8 -21 -96 (3) A reduction in LOS from 0.80 [LOS C] to 0.86 [LOS D] at Moorpark Avenue and Los Angeles Avenue (a Class II impact). With full project buildout (Phase 2: all remaining manufacturing square footage and all commercial square footage), two of the study intersections would operate at an unacceptable Level of Service (LOS D and E) with completion of the SDI expansion and full buildout of commercial development on Lots 1 and 2, and addition of this projected traffic to the Year 2000 predicted traffic volumes. Impacted intersections and effects attributable to Phase 2 of the SDI project at these intersections include: (1) A reduction of traffic capacity to LOS E at Spring Road at Los Angeles Avenue is predicted; however, this location would operate at LOS C with the improvements noted previously for this intersection under the Year 2000 No Project scenario. If the recommended improvements to this intersection are implemented as a scheduled Capital Improvement Project, then the project's effects at this location would be reduced to acceptable levels without additional mitigation. Therefore, impacts at this location are significant but can be offset by making required contributions to the Los Angeles Avenue AOC Fund. (2) A reduction in LOS from 0.79 [LOS Cl to 0.84 [LOS D] at Science Drive and New Los Angeles Avenue (a Class II impact); and (3) A reduction in LOS from 0.87 [LOS D] to 0.92 [LOS E] at Moorpark Avenue and Los Angeles Avenue (a Class II impact). Similar calculations to the Year 2000 analyses were completed for the projection of long -term cumulative effects associated with the addition of project traffic to traffic anticipated with full buildout of the City under existing land use designations in the City's General Plan. The predicted circulation system assumed to be in place for the Year 2010 analysis includes the Year 2000 circulation system with the improvements required to achieve the performance objective of LOS C as well as the following improvements: • Spring Road extension, "C" Street, the Casey Road extension and the completion of Science Drive. • Six -lane roadway section along Los Angeles Avenue with intersection configurations as shown on Figure 16 of the Final EIR. c:\ 1- m \sdi \cega. fnd 30 8 -21 -96 • Extension of SR -118 west from the SR- 118/SR -23 freeway connection to Los Angeles Avenue as a four -lane expressway with "at grade" intersections at Spring Road, Walnut Canyon Road (may be grade separated due to terrain), and Gabbert Road. This connection does not allow movements from eastbound SR -118 to southbound SR- 23 or from northbound SR -23 to westbound SR -118. (The extension can initially be constructed as a two -lane facility with the additional lanes being added when needed) . • Traffic signal installation at the SR -118 /Walnut Canyon Road (or grade separation) and SR- 118 /Spring Road intersections. The traffic analysis in the EIR indicated that all of the study intersections would achieve the LOS C objective for both peak hour periods. This conclusion is based on the assumption that improvements have been completed by the Year 2010: first, the intersection geometric improvements for Los Angeles Avenue /New Los Angeles Avenue and second, that the SR -118 extension from SR -23 to Los Angeles Avenue, which creates an expressway bypassing the City of Moorpark to the north, will be required. With the addition of cumulative traffic volumes to the project volumes, cumulative impacts were predicted to result in: (1) A reduction in LOS from 0.80 [LOS C] to 0.85 [LOS D] at Science Drive and New Los Angeles Avenue (a Class II impact); and (2) A reduction in LOS from 0.79 [LOS Cl to 0.81 [LOS D] at Moorpark Avenue and Los Angeles Avenue (a Class II impact). The design of the SR -23 /New Los Angeles Avenue interchange has been conceived to accommodate full SDI project buildout as well as General Plan buildout. Since the mitigation of future project specific and cumulative impacts has been included in the design of the proposed improvements at the ramp locations, no project specific or cumulative impacts would result from implementation of the project at the New Los Angeles Avenue interchange. Findings The City disclosed in the EIR for the project that there was a potential for significant traffic capacity related impacts at several locations within the City. The payment of mitigation fees was required by the City to offset the project's impacts on the local and regional street system. c: \1- m \sdi \cega.fnd 31 8 -21 -96 Project modifications that would have reduced the potential for impacts related to traffic safety at the entrance to the manufacturing facility were incorporated into the revised project design. Subsequently, the Project Description was formally amended, and an analysis was prepared of the revised project which was then incorporated into the Final EIR. This document also contained a revised set of Conditions of Approval which were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. The applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR [CEQA Section 15091 (a)(1)]. Rationale The Final EIR considered several impact assessment scenarios including evaluating the impacts of project traffic on both existing conditions, near term development, and long -term cumulative development anticipated in the Moorpark region. On the basis of this analysis, assuming that the City undertakes a variety of capital improvements over the next ten years, the impacts of the project were determined to be fully mitigated. The project was required to contribute to these capital improvements through the payment of Area of Contribution fees and a Citywide Traffic Mitigation Fee. Redesign of the project entrance to Lot 3 was accomplished with the intent of producing the most acceptable, safe, intersection configuration achievable. The adopted design mitigation plan for this intersection would not require the review and approval of Caltrans. In addition, the applicant is funding a major improvement of the New Los Angeles Avenue /State Route 23 interchange which will accommodate all future project traffic and anticipated buildout under the City's General Plan. With the imposition of these mitigation measures and design efforts, the impacts of the project on local and regional circulation systems was fully offset. c:\ l - m\sdi \cega.fnd 32 8 -21 -96 Public Services and Private Utilities Anticipated Adverse Environmental Effects Ventura County Waterworks District No. 1 is the agency directly responsible for providing water to the proposed project. A portion of the development is presently not within the District boundary and the applicant is pursuing annexation of the entire property to the District. The District would provide water to the proposed project using existing water supply infrastructure. No upgrades would need to be made to existing well recovery and master distribution system lines. The Waterworks District also maintains sewer lines throughout the City. No major infrastructure extension is required to serve the proposed project. The project would not adversely affect treatment capacity and the projected project wastewater flows can be accommodated without expansion of the Water Works District treatment facility. For new development that is proposed to be connected to the District's sewer facilities, an application process is required to be completed and a sewer connection fee must be paid prior to initiating construction. Prior to issuance of a Will Serve letter, the Ventura County Waterworks District would be responsible for ensuring that adequate sewer main capacity exists to accommodate the new development prior to granting a permit for connection. No significant impacts to sewer infrastructure components are expected to result from approval of the project. Without contributing to funding improvements in educational facilities, implementation of the proposed SDI project and related commercial development could potentially impact educational quality, accelerate overcrowding at some schools, and otherwise diminish the capability of the existing District facilities to serve the present population of the City. These impacts would be attributable primarily to population growth or population relocation related effects associated with the development of manufacturing and commercial uses on the property. A method has not been developed either by the school district or by the State Board of Education to model the school facility impacts of future residential development associated with commercial and manufacturing projects. This is because population relocation factors related to commercial and manufacturing development are complex and difficult to predict. However, a formula for predicting the cost offset necessary to support school facility impacts related to commercial and industrial project has been established by the State Legislature; the assessment is currently set at .28 cents per square foot. The impacts of additional project specific demands on educational facilities are anticipated to be significant. Development of the proposed project would impact District facilities through the creation of demands for school facilities. c: \1- m \sdi \cega.fnd 33 8-21.96 Because most existing facilities are near capacity, accommodation of new pupils would require facility planning to accommodate project related growth. Based on the current fee of $ .28 per square foot, the SDI project will be required to contribute approximately $36,400 in fees to offset the indirect effects of the manufacturing development; when the commercial components of the project (on Lots 1 and 2) are constructed in the future, these developments will be required to make similar contributions based on the assessment in effect at the time building permit applications are filed. Buildout of the proposed project would not otherwise adversely affect educational quality since the payment of mandated mitigation fees would be used to offset project specific and cumulative effects on educational quality. Development of the project as proposed would ultimately result in the creation of two commercial and two manufacturing facilities. Typically, crime rates associated with manufacturing operations are very low since such facilities are not characterized by either a concentration of wealth or by retail or wholesale products or facilities. Therefore, the manufacturing developments proposed for Lots 1 and 2 are not anticipated to require any substantial additional police services, particularly if defensible space design concepts are incorporated into the plant facility and adjacent parking lot design. The ratio of officers to population in Moorpark is presently adequate (about .5 officer per thousand residents). As discussed in Chapter 13, the project may result in additional population growth related to new employment or relocation of existing employees to the City. The additional population growth may increase service demands slightly but not significantly. While development of the commercial aspects of the project (Lots 1 and 2) are expected to result in increased calls for service, the number or frequency of such calls is difficult to predict. With the implementation of proper security measures within future commercial developments and the incorporation of defensible space concepts into these developments (as conditions of approval of future commercial planned development permits), impacts on police and emergency services are anticipated to be insignificant. Not including green waste related to landscaping maintenance, at full buildout of Lots 1, 2, and 3, the proposed project is expected to generate approximately 21.6 tons per day of solid waste or 7,919 tons per year (before diversion); the majority of this waste would accrue from commercial operations on Lots 1 and 2. With implementation of all feasible diversion strategies, this rate could be reduced to 16.8 tons per day or 6,135 tons per year. Implementation of the proposed project would account for less than 2.8% of the permitted daily tonnage received at the Simi Valley Landfill. This landfill has sufficient capacity to serve the proposed project. The project specific and cumulative waste c:\1-m\sdi\ceqa.fnd 34 8 -21 -96 generation associated with this development would exceed County thresholds (a Class II impact). Development of the proposed project and projects within the service area for the Simi Valley Landfill would accelerate usage of the remaining 7.3- million -ton capacity at the Simi Valley Landfill. However, the Simi Valley Landfill currently receives only one -third of its permitted daily tonnage of refuse. Therefore, from the standpoint of sufficient capacity, the contribution of refuse from the project and other projects within the landfill's jurisdiction would not result in a significant cumulative impact on solid waste facilities. Nevertheless, County Solid Waste Management guidelines indicate that a project may contribute to potentially significant cumulative impacts if the rate of solid waste disposal rate exceeds 15 tons per year. Therefore, the project's contribution to cumulative solid waste problems in Ventura County would exceed thresholds. Findings The City disclosed in the EIR for the project that there was a potential for significant impacts on public services and utility providers. The impacts considered included (1) effects on the ability of domestic water service providers to continue to provide service to other users if the project is developed, (2) impacts on the collection and treatment of wastewater, (3) effects on educational quality and school facilities, impacts on police and emergency services, and effects on solid waste facilities and long -term waste disposal planning. On the basis of this information, changes to the project design were recommended and these modifications (including mitigation measures requiring the payment of fees, improved street system design and incorporation of defensible space concepts into the project site plan, incorporation of recycling and waste disposal economizing measures) were incorporated into a revised project description. Subsequently, the Project Description was formally amended and an analysis of the revised project was included in the Final EIR; a revised final set of Conditions of Approval was prepared to provide for mitigation of any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or c:\I-m\sdi\ceqa.fhd 35 8-21-96 substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a)(1)). Rationale Mitigation of impacts to public service providers and utility companies involved both project redesign and the requirement to comply with mitigation measures as Conditions of Approval on the revised project. Mitigation relative to educational facilities will be accomplished through the payment of fees for both the residential units and the proposed recreational /commercial uses. Police and emergency service concerns were mitigated through the requirement to consult with the Moorpark Police Department in the design both of the layout and security content of the commercial and manufacturing spaces constructed on the property, and the incorporation of defensible space concepts into the project design. Solid Waste impacts will be offset through the creation and implementation of a Solid Waste Mitigation Plan and through the integration of recycling management concepts. Aesthetics, Visual Resources, and Community Design Anticipated Adverse Environmental Effects The State Route 23 -New Los Angeles Avenue Interchange Corridor The visibility of the project from this corridor would result in a completely different visual quality experience compared to existing conditions. Developments on Lots 1, 2, and 3 (the primary SDI facility proposed at this time) would be highly visible from the super- elevated State Route 23 through lanes, from the hook ramp serving northbound traffic, and from the east bound travel lanes along New Los Angeles Avenue. As the northbound State Route 23 traffic ascends the grade leading to the travel lanes of the highway, the project would come into view. Given the grade relationships and viewing distances within the surface road and highway travel lane network adjacent to the western perimeter of the proposed project, most of the development (nearly all of Lots 1, 2, and 3) would be highly visible from this view corridor. The modifications to existing conditions along this corridor resulting from implementation of the project include: (1) elimination of two of the three prominent topographic ridgepoles which are presently visible from this corridor and replacement of these ridges with industrial and commercial buildings and associated landscaping; c: \1 -m\sdi \ceqa.fnd 36 8-21-96 (2) landform cuts and roadway improvements necessary to access the project site would result in the relocation of lanes around the New Los Angeles Avenue ramp, cutting of landforms immediately east of the northbound ramps, and creation of two commercial pads above and to the north and east of the existing ramp lanes; (3) landscaping treatment of the open space area in the portion of the hook ramp internal to the lanes and connection of this now barren area to a landscaped entrance to the City; (4) conversion of the native vegetation on the hillsides defining this view corridor to a landscaping treatment to support proposed architecture; (5) creation of a landscaped streetscape along an eastern extension of New Los Angeles Avenue which would rise steeply from the present grades to the commercial and manufacturing pads proposed for Lots 1, 2, and 3; (6) implementation of a landscaping screening program for Lot 3 which will, when trees have matured, effectively screen the SDI manufacturing facility from the view corridor; and (7) conversion of the view corridor from an open space to a developed condition. The period of visibility of the modified landforms, project entrance, and access roadway would be of modest duration from this corridor (10 to 20 seconds along State Route 23 and up to several minutes for eastbound traffic along New Los Angeles Avenue). Impacts associated with landform modifications along this view corridor were determined to be potentially significant and subject only to partial mitigation. The State Route 23 Corridor for North and Southbound Traffic The visibility of the project from this view corridor would be prolonged, depending on travel speeds. The components of the project that would be visible include: (1) landform cuts and grading remediation along a portion of the northern ridgeline defining the property boundary; (2) construction of major fill slopes, buttress walls, and other features related to slope stabilization and c:\1-m\sdi\ceqa.fhd 37 8 -21 -96 drainage that are necessary to render Lot 3 suitable for the proposed uses; (3) creation of an access road which would be cut into the mid -slope descent of this buttress fill would be clearly visible from this approach; (4) buildings situated on Lots 1 and 2 would be highly visible, particularly after the point of transition of SR -23 and SR -118 approaching the New Los Angeles Avenue Interchange and for eastbound traffic traveling along New Los Angeles Avenue towards the ramps; and (5) Any future development on Lot 4 would be visible from this view corridor, as would the extension of an access road proposed to link the flag area on Lot 3 with the main development area of Lot 3. The presently highly scenic rocky landforms around the oxbow of the Arroyo Simi and the associated oak woodland which inclines northward toward the freeway would both be very substantially modified; the oak woodland would be eliminated. The escarpment defining the edge of the riparian area would be graded to provide a suitable transition from the northern perimeter of the graded pads to the sheer cliffs which dominate the northwestern perimeter of Lot 1 and the northern perimeters of Lots 2 and 3. The ridge system and associated woodland defining the northern perimeter of the project would be significantly modified by this development. Therefore, the impacts along this view corridor related to the highway system and scenic approaches to the City were determined to be significant. The Virginia Colony /Campus Park View Corridor Some components of the project would be moderately visible from this view corridor. However, since the distances between the proposed project and Campus Park and the commercial properties south of Campus Park are substantial, the impacts of the development from public street view corridors in these developments would be minimized. For residents of the Virginia Colony (particularly along Avenida Colonia and the eastern extension of New Los Angeles Avenue), the impacts of the modifications described above would be considerable. The modifications to existing conditions along this corridor include: (1) landform cuts and grading remediation along a portion of the northern ridgeline defining the property boundary - -a considerable portion of the pad area to be created on c:\1-m\sdi\ceqa.fnd 38 8 -21 -96 Lots 1, 2, and 3 would be screened by existing homes and landscaping along the street system; (2) creation of major fill slopes, buttress walls, and other features related to slope stabilization and drainage that are necessary to render Lot 3 suitable for the proposed uses - -many of these features would not be visible or would only be partially visible due to the grade and elevation differences between the project and neighborhoods in the areas north of the project; (3) construction of an access road which would be cut into the mid -slope descent of this buttress fill would be clearly visible from this approach - -this road would be visible from the Virginia Colony and surrounding areas to the north; (4) buildings situated on Lots 1 and 2 would only be partially visible, due primarily to grade differences between the two areas; and (5) if constructed in the future as proposed, developments situated on Lot 4 would be visible from this view corridor as would the extension of an access road proposed to link the flag area of Lot 3 with the main development area of that lot. The period of visibility of the modified landforms, landscaping, buttress fills, and associated features of the project would be of modest duration from this corridor (5 to 20 seconds depending on vehicle speed, street orientation, and other factors). Impacts associated with landform modifications along this view corridor were determined to be potentially significant. Because no modifications are planned to the southern and eastern property ridgelines, view corridor changes would not significantly alter the community viewshed of this property for either foreground or background perspectives from the existing developments to the distant south and east. The most prominent ridgeline on the property will be preserved. Residents in the immediate vicinity of the project will experience some modification of open space views but these effects could be diminished by a number of design features including intensive, restorative landscaping and adherence to strict design control of portion of the development that would be visible along these corridors. Given the relatively high elevation of the proposed development in relation to surrounding properties, the project would be highly visible c:\1-m\sdi\ceqa.fnd 39 8 -21 -96 and would dominate open space views, a significant impact requiring considerable mitigation planning; however, even with mitigation, visual impacts are expected to result in a significant aesthetic change from existing conditions. The effective and intensive use of native landscaping, particularly on the northern perimeter of the development would at least partially diminish the sense of open space modification which would accompany buildout of this development. The loss of open space that would result from implementation of the project would be biologically significant, and from an aesthetic standpoint, this impact would also be significant, particularly from the vantage point of the developed portion of the City since two of the three dominantly visible ridgelines within the development would be removed. Overall, impacts to important public view corridors and the perception of open space were determined to be significant because: • While existing landscaping, grade differences, and commercial and residential structures interfere with the visibility of the project from many public view corridors north of the development, since the project is at a substantially higher elevation than surrounding areas, impacts due to landform modification and construction would be highly visible even from mid - ground and background views; • Even though the topography along the southern perimeter of the project would not be noticeably altered, from the west, north and northeast, the modifications to the property would be highly visible. These modifications include the elimination of a highly scenic ridge and valley system and replacement of these landforms and related vegetation with a buttress fill program involving the extensive use of retaining walls; • The project would be highly visible from State Route 23, intermittently from the southern approach of State Route 118, and from the New Los Angeles Avenue Interchange - -the changes from these view corridors would result in a complete transition of the visual environment from open space to an intensively built environment. The existing aesthetic environment surrounding the project is characterized by the amenities typically associated with open space: lighting in the area is of moderate low intensity and only partially interferes with perception of the night; ambient noise levels are generally moderately low (except along the SR -23 corridor); commanding views are present of the regional environment; there is only a modest sense of crowding. c:\1-m\sdi\ceqa.fnd 40 8 -21 -96 The only neighborhood that potentially would experience quality of life changes as a result of project development is situated along Avenida Colonia in the Virginia Colony. The areas around the Virginia Colony are presently in transition from residential, open space, or agricultural uses to commercial and manufacturing uses. Therefore, the project would not initiate any significant change in the immediate environment of these residences but it would contribute to the on -going transition of uses. Operations at the proposed project may have limited potential to result in impulse noises beyond the perimeter of Lot 3. Impacts on this neighborhood from increased noise, additional lighting, aesthetic changes, and the indirect effects of both manufacturing operations and commercial development could diminish the quality of life of residents in the Virginia Colony. These impacts and diminution of the amenities of residential experience would be limited to this residential area and would not extend into the Campus Park neighborhoods. The presence of a non - residential business park urban design form in the immediate project environment (extensive manufacturing and commercial areas around the Virginia Colony) have already created quality of life related incompatibilities between existing and proposed development. The impacts of the proposed project related to transformation of the surrounding environment are potentially significant impacts. Immediately surrounding properties north of the project may experience some significant change in quality of life related to this transformation. The community design and urban form proposed for the project would involve the creation of two potentially compatible types of development. The situation and orientation of the lots to be developed with commercial uses would be linear in pattern in relation to the existing street system; the manufacturing lot has been designed to be set back from the street system. This arrangement is an appropriate and suitable relationship between lot locations, the street grid, regional access concerns, and the degree of public exposure to the two types of uses. The relationships between the commercial and manufacturing lots are appropriate and suitable. The proposed project would be situated on a highly visible landform which is situated at one of the major entrances to the City. This prominent location is situated in an area dominated by three highly visible ridgelines. Only the most dominant southern and eastern ridges would be preserved in place; the remaining ridge and valley systems on the property would be leveled using rough grading techniques to provide three tiers of building pad, the largest of which would be devoted to manufacturing uses. Although the future commercial project architectural details are not sufficiently developed to permit analysis, this absence of completed planning provides an opportunity to develop the commercial lots within c:% I - m\sdi %cega. fnd 41 8 -21 -96 the project so that structures conform to the degree feasible with the City's Hillside Ordinance. The City disclosed in the Final EIR for the project that there was considerable potential for significant impacts on aesthetics and visual resources. The impacts considered include (1) the visibility of the project along public view corridors, (2) modifications to open space perception, (3) the transformation of the rural landscape and quality of life impacts on surrounding properties, (4) community design and urban form, and (5) Hillside Management Ordinance considerations. On the basis of this information, changes to the project design were recommended and these modifications (including redesigning the grading plan, deletion of one buildable lot, significant redesign of the proposed landscaping program for the project, inclusion of requirements to complete oak woodland restoration, etc.), were incorporated into a revised project description. Subsequently, the Project Description was formally amended and an analysis of the revised project was included in the Final EIR. Revised final Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR [CEQA Section 15091 (a)(1)]. Rationale To address aesthetic concerns, changes were made to the Project as discussed on Pages 4 and 5 of these Findings. in the revised Project included: Cultural Resources F9 -. _. - -- •�� -� - One archaeological deposit is situated in an area that would be graded in the vicinity of proposed Lot 2; the deposit is also within the alignment of the proposed access road designed to serve the project. Due to geological conditions which would require very extensive excavation, c:\I-m\sdi\ceqa.fnd 42 8 -21 -96 soil removal and re- compaction, this archaeological site would be unavoidably impacted by the development. This archaeological deposit was recorded in 1987 as part of an alternative alignment study for a modification of the SR -23 /SR -118 freeway connection. Preliminary results of the testing done in 1987 resulted in the definition of the deposit as very shallow (less than 25 centimeters). The assessment at that time was that the deposit represented "a small, limited activity area related to a major occupation area located nearby ". The array of activities that occurred at this site are considered limited and the archaeological record associated with the deposit is very diminutive. Most of the archaeological remains at this site were located on the surface. The surface deposit was left uncollected as part of the Phase II analysis, since it was not certain that the area would be developed as proposed until the Vesting Map is approved. The significance of the deposit to the regional understanding of prehistory, tribal history, and cultural evolution is very limited, since the archaeological remains present are in very low density and the range of activities carried out at the site do not appear to have left any record of residential or burial activities (the primary activities that render archaeological deposits important). While the site cannot be categorized as insignificant, the primary research values of the deposit will have been recovered fully once the surface artifacts on the site are collected, described, and mapped. Impacts to this archaeological deposit will be fully mitigated with completion of collection of surface artifacts and processing of materials collected as part of the Phase II testing program. On the basis of the information contained in the EIR, a determination was made that some impacts to cultural resources will occur during construction. For this reason, once data recovery is complete at the one site where impacts are anticipated, construction monitoring during the initial phases of grading was recommended as a Condition of Approval. With implementation of a Phase III data recovery program and construction monitoring, requirements have been placed on the project which should assure that both anticipated and unanticipated effects on cultural resources which would result from development of the project will be mitigated. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 [a)(1)]. Rationale c:11- misdilcega.fnd 43 8 -21 -96 Data recovery at archaeological deposits that would be impacted by construction is a conventional mitigation measure imposed on projects when impacts are unavoidable. Cultural resources are also sometimes encountered in contexts similar to the proposed project (adjacent to a major riparian system in an area with abundant food resources of relevance to prehistoric communities) during construction activities even if no such resources are encountered during initial reconnaissance of a property. Therefore, mitigation planning has been recommended to assure that any cultural site encountered during grading is properly mitigated in accordance with Appendix K of CEQA. Paleontlogical Resources Anticipated Adverse Environmental Effects Paleontological resources at the project site would potentially be adversely affected by grading and earthmoving activities. Disturbance of resources of high importance would result in loss of fossil remains and associated geologic data and loss of fossiliferous beds. Based on the literature search, consultation with paleontologists, and probability estimates for the recovery of fossil materials based on comparisons with other similar fossil locations, impacts to paleontological resources within the project are predicted to be significant. Based on the history of fossil production within the Sespe and Saugus Formations within and near the project boundary, these formations have a moderate to high potential for the discovery of significant fossils during the mass grading (and other earthmoving operations); the potential for fossil exposure during the initial phases of mass grading is likely. These grading operations would possibly result in the destruction of fossils, unless proper mitigation members are undertaken. The destruction of these fossils would represent an adverse impact on an understanding and interpretation of this region's paleontological resources and evolutionary history. This impact would be significant, because fossils from these units could provide information on the age of these formations. Additionally, they would supply information on the evolution and diversity of life in southern California during the region's geologic history. Therefore, the following measures are necessary to protect the region's paleontological resources. Findings On the basis of the information contained in the EIR, a determination was made that some impacts to paleontological resources will occur during construction. For this reason, construction monitoring during the initial phases of grading was recommended as a Condition of Approval. c:\I-m\sdi\ceqa.fnd 44 8-21-96 With implementation of a fossil data recovery program and construction monitoring, requirements have been placed on the project, which should assure that both anticipated and unanticipated effects on paleontological resources will be mitigated. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR [CEQA Section 15091 (a)(1)J. Rationale Paleontological resources are sometimes encountered in contexts similar to the proposed project; limited fossil recovery occurred during the initial geologic testing of the property. The recommended data recovery measures proposed in the EIR and as Conditions of Approval will mitigate the paleontological impacts of grading and earthmoving at the proposed SDI Project site. Therefore, mitigation planning has been recommended to assure that any fossil site encountered during grading is properly mitigated; cost limitations set forth in CEQA Appendix K are proposed to apply to this data recovery work. Insignificant Effects Is VMS The agricultural potential of the soils within the SDI Project property are not impressive; soils have been ranked as poor to unsuited for agricultural use by the Soil Conservation Service and the absence of historic records of agricultural use substantiate this finding. A small portion of the property is designated Farmland of Local Importance consistent with the very limited distribution of Garretson loam which is confined to the stream terraces above the Arroyo Simi adjacent to the flag area portion of Lot 3. Based on City land use classifications, the site is not proposed to be retained in agricultural production. Because the property is not in agricultural production and therefore is not a part of the local agricultural economy, State Department of Conservation farmland designations are not applicable. Further, the City has not identified the project site as part of its agricultural resources and has not applied the corresponding land uses classifications and conflicts with agricultural land preservation would not occur if the project is approved. Therefore, based on all of these criteria, the impacts of converting the proposed property to urban uses would not result in significant effects. Light and glare related impacts associated with conversion of the property from open space to a developed condition will be mitigated fully c:\1-m\sdi\ceqa.fnd 45 8 -21 -96 through the imposition of lighting restrictions. The applicant has agreed to modify the Project Description to include such restrictions. Alternatives As required by CEQA, the consultant evaluated several alternatives to the project as proposed. These alternatives included: Alternative 1: No Project Alternative 2: Reduced Manufacturing Facility Size (150,000 square feet) Alternative 3: Deletion of Lot 4 and Use of Commercial Lot 2 for Manufacturing Facility Expansion Alternative 4: Revised Vesting Map and Modified Project Alternative Alternative 5: Alternative Locations The environmentally superior alternative was defined as a project with the following dimensions and attributes (all references to lot numbers are to the project described in the Draft EIR, not the revised project). The Draft EIR text recommended: "(1) Building Square Footages and Configuration: The primary modification that this alternative would make in the site plan would be the deletion of Lot 4 and the creation of a consolidated, multi -level manufacturing plan on a combined Lot 2 and 3 property. The site design for the project could be modified to concentrate all developable square footage over areas on Lot 3 without deep alluvium (which is expensive to remediate) and areas without the potential for slope failure or liquefaction. This combination of facilities should be designed to place all primary manufacturing activities on Lot 3 necessary for full SDI development over the next 10 to 15 years (about 300,000 square feet). Subsoil conditions and building dimension constraints and other factors may require partitioning some uses from the main manufacturing area (e.g., a separate cafeteria and shipping and completed product storage area may be required and the hazardous materials storage c:\1-m\sdi\ceqa.fhd 46 8 -21 -96 areas and blending facilities would still need to be set back from manufacturing areas). (2) Lot 2 Development Options: Commercial /Office /Mixed Use Development on Lot 2: If all or nearly all manufacturing development can be accommodated on a reconfigured Lot 3, then Lot 2, which is currently proposed to be dedicated to commercial uses, could either be converted completely to parking for the facility on Lot 3 (with tram linkage of the two areas if adequate parking cannot be located on a revised Lot 3 pad) or the office functions proposed for Lot 3 could be placed on Lot 2 and the Lot could be retained as a separate entity. If some functions need to be relocated from the primary manufacturing area on Lot 3, this relocation can provide opportunities. For example, the SDI offices could be placed in a separate office facility on Lot 2 (or on the Lot 2 area) which could include additional leasable office space (or even limited commercial on the lower floor below a multi - floor office building). In this way, for the costs of bridging the Arroyo Simi to Lot 4, an entire office facility with leasable space could be developed. (3) Permitted Commercial Development on Lot 1: The total allocation of commercial square footage for Lot 3 could be increased to the degree acceptable to the City. For the purposes of this analysis, the recommended square footage for Lot 1 would be about 133,000 (floor area ratio of .35). This ratio could be somewhat increased in the entitlements without compromising good design, adequate parking, and landscaping. (4) Other Lot Reconfigurations: Lot 3 would still have an area of slope instability but no construction would be proposed in this slope area. No access road extension would be required across the unstable slope area. Construction of all basic improvements (including grading) would occur at this time rather than in two major phases. Lot 5 could be reconfigured slightly to increase pad area for Lot 3. Lot 10 should be deleted and access to revised Lots 1, 2, and 3 should be shown as an easement. (5) Lots Set Aside for Open Space and Conservation: Under this alternative, Lot 4 would be included in the c:\1-m\sdi\ceqa.fhd 47 8 -21 -96 conservation easement area proposed for Lot 5. Lots 4 and 5 would be combined into an open space preserve. The woodlands on Lot 4 would be designated as the oak woodland biological remediation area to compensate for the destruction of significant, valuable habitat to be destroyed as part of Lot 1, 2, and 3 construction. The Draft EIR concluded that the alternative outlined above would meet the applicant's objectives without the development of Lot 4, an undertaking that appeared to be both financially and technically infeasible. This alternative would have resulted in impact reductions in all non - population dependent impacts (biology, cultural resources, etc.) and represented a slight reduction over the square footage now requested by the applicant. This reduction, however, is limited to the more speculative parts of the SDI proposal (commercial facilities). The basic objectives of establishing an important entryway to the City with a potential mixed use building on the area included in Lot 2 and a major commercial facility on Lot 1 would still be accomplished. This alternative required analysis by the applicant to confirm the feasibility of placing about 330,000 square feet of facility on one expanded parcel. The suggestions were not all implemented by the applicant in the redesign of the project. However, the modifications made by the applicant significantly reduced the environmental impacts of the project. After consideration of inputs from the EIR consultants, City Staff, and the applicant's engineers, the Project modifications listed on Pages 4 and 5 of these Findings were incorporated into a revised Project Description. Given the scope of the changes, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 {a} (1) ] . Rationale The primary attributes of the revised project include: (1) A decrease and consolidation of the number of developable parcels; (2) An increase in the number of parcels to be placed in open space conservation easements or similar restrictions or dedications; (3) A limitation on the development of the remaining manufacturing portions of the project to the boundaries of the proposed building footprints unless the geotechnical, fire safety, ingress /egress and c:\1-m\sdi\ceqa.fhd 48 5 -21 -96 water supply problems associated with an expansion of use can be resolved to the City's satisfaction; and (4) Modifications to the Conditions of Approval for the project (through the preparation of revised conditions and a Development Agreement) which in some cases improve upon and in other cases diminish the level of environmental protection afforded the resources within the project boundary (refer to the revised Conditions of Approval in Chapter 23). A review is provided on a case by case basis of the environmental consequences of amending the project description as proposed by the applicant. The analysis permits the general conclusion that the revised project alternative reduced the impacts of the project significantly. Geologic and Seismic Hazards Impacts associated with rough grading, landform modification, slope stability, and all types of soil disturbance typical of mass graded projects would be less than the project as proposed since the actual surface area to be graded would decrease slightly (at least for Phase I of the project) . The proposed linkage between Lots 3 and 4 proposed under the original project would not need to be constructed for the amended project. In fact, proposed Conditions of Approval prohibit the development of the previously proposed Lot 4 (now referred to as the flag area of Lot 3) until or unless all access, fire protection, geotechnical, biological and other resource impacts are fully assessed in the future, once a specific proposal for access to this area is provided by the applicant. A less extensive road system would be required with the smaller revised project. Slope stabilization requirements would be decreased in several areas since development of the flag area of Lot 3 would not occur. While the manufacturing facilities still would be situated in areas characterized by unstable slopes, expensive remediation would be diminished, particularly for the access road connection between the flag area of Lot 3 and the main development area of that lot. No bridge or infrastructure extensions would be required over the Arroyo Simi to serve the flag area of Lot 3. All impacts associated with proposed rough grading, the potential for disruption of manufacturing operations due to seismically induced slope failures, and potential downstream hydraulic and debris transport impacts would be reduced with this alternative. Air Quality Impacts Operational impacts associated with the project would be somewhat reduced with this alternative because the total developable square footage for manufacturing and commercial uses would be reduced modestly. c:\1 -m\sdi\ceqa. fnd 49 8 -21 -96 Construction related impacts would be substantially decreased compared to the proposed project since grading for the flag area of Lot 3 and the access road to the flag area would not be required. These reductions would occur to PM,,, values as well as to all ozone precursors. The duration of construction, particularly the air quality disruptive grading period, would be decreased slightly. Long -term emissions would be reduced by the presumed decrease in manufacturing square footage that can be accommodated on the developable portion of Lot 3. If all problems related to the development of the flag area of Lot 3 are ultimately solved in a technically and economically feasible manner, then it may be possible that air quality impacts of the original and revised projects would be approximately the same. This outcome, however, is not likely. Therefore, the revised project has a high probability of reducing long- term air quality impacts and a certainty of reducing short -term construction impacts. Groundwater Supplies and Surface Water Quality Due to decreased acreage committed to development and landscaping, water consumption would predictably decrease. Since the proposed lots would not be served by reclaimed water supplies, this alternative would not change the use of water by source type. Due to the reduction in the size of the buildable footprint, this alternative would be less consumptive of domestic water supplies compared to the project as proposed and described in the Draft EIR since the net developable acreage would be diminished. The water demand reduction for the project would attributable both to reduced square footage and less landscaping as well as the commitment to more acreage of unmodified open space. Planning for on -site retention and surface water quality control would be more feasibly achieved, since additional acreage could be dedicated to on -site retention. Impacts to surface water quality from the project would be diminished with this alternative. Therefore, from the standpoint of regional water supplies and surface water quality, this alternative is less consumptive and less impacting than the project as proposed. Drainage, Hydrology, and Flood Control Major changes in infrastructure planning were necessary to implement this design and square footage reduction; these changes are primarily related to a diminished overall building area and the deletion of the Lot 3 flag area access road. The need to provide bank protection along the Arroyo Simi and coordinated flood control planning for the flag area of Lot 3 would be eliminated. The requirement to link each lot with roads, sewerlines, waterlines, stormwater control devices, and related infrastructure (utilities, etc.) across areas with the potential for liquefaction or slope failure would be eliminated with this alternative. The drainage planning for the project would be less complex and expensive c:\1-m\sdi\ceqa.fnd 50 8 -21 -96 to install. Decreased retention basin sizing would occur with this option. The impacts of this alternative would diminish compared to the project as proposed regarding all aspects of water management and drainage. Biological Resources The revised project represents a more favorable alternative from a biological resources standpoint, since it includes elimination of prior Lot 4 and proposed incorporation of several other lots (now lettered) either into conservation easements, or areas of land dedication to the City. The revised project is also a more desirable alternative to the project as proposed from the standpoint of biological resources, since the size of the area to be impacted by grading could be reduced. Under this alternative, the expectation is that nearly 50 or more acres of native vegetation that would be impacted by the project could be set aside for conservation purposes. Noise This alternative would not result in a significant departure from the anticipated noise impacts of the project as proposed. However, because square footage reductions are proposed within the project boundary for Lot 3 (Phase I) , some (though not a measurable) reduction in noise generation would result from decreased traffic volumes. The noise impacts of the alternative would probably be less significant than the impacts anticipated under the project as proposed; however, construction noises are anticipated to be approximately equal for the proposed and revised projects. Regardless of what project is constructed, Conditions of Approval have been proposed that would reduce the potentially long- term significant impacts of the project (associated with impulse noise) to insignificant levels. The revised project and the originally proposed project would result in similar noise impacts. Fire Hazards While the decrease in square footage of building area that would result from this alternative may decrease fire risks marginally, essentially this alternative would result in very similar fire risks characteristic of the project as proposed. With the addition of native habitat buffers between the project and residential neighborhoods to the north (by not developing the flag area of Lot 3), there would be a limited decrease in wildland- manufacturing facility interface area that could, if properly managed, somewhat decrease fire potential. Risk of upset conditions would probably not change appreciably under this alternative. For fire c:\I-m\sdi\ceqa.fhd 51 8 -21 -96 hazard issues, the impacts of the proposed project and the revised project are similar. A substantial number of Conditions of Approval relative to fire safety and wildland fire prevention (as well as management of hazardous materials) have been included in the project conditions. Management of risks related to fire and upset conditions would not change appreciably for the revised project. Population, Housing and Jobs:housing Balance The impacts of the project and the alternative are not significantly different than the project for issues related to housing markets, population growth, and job formation potential. The originally proposed and revised projects would both assist in rectifying the present imbalance between job and housing availability in the City. Both the original and revised projects would substantially improve the present jobs:housing balance. Transportation and Circulation The alternative would result in a reduction in off -site street system impacts attributable to the diminished square footage available for manufacturing use during Phase I development; further, given the relatively low probability of solving critical access and geotechnical issues for the remainder of Lot 3 in an economic manner, full buildout of the project as originally proposed is a low probability outcome. Therefore, the proposed traffic and transportation improvements, particularly at the SR -23 /New Los Angeles Avenue interchange, would more than offset any long -term cumulative impacts that may result from the project. The basic structure of the proposed modifications for the SR- 23 /New Los Angeles Avenue interchange would not change appreciably under this alternative. However, the decrease in fees associated with a smaller project could contribute to funding shortfalls for various regional improvements to be funded by the proposed City -wide Traffic Mitigation fee and Los Angeles Avenue Area of Contribution fee. From a transportation planning and impact standpoint, this alternative is superior to the project as proposed. Since a reduction is likely to occur in the total number of trips associated with development of manufacturing square footage, the off -site impacts of the project on the surrounding street system (road capacity and intersection impacts) would decrease slightly over what is anticipated for the project. Public Services and Private Utilities Since a decrease is likely to occur in the square footage of the project as a whole, the impacts of the alternative would be reduced c: \1- m \sdi \cega.fnd 52 8 -21 -96 correspondingly for this alternative but only slightly compared to the project as proposed. Basic public service and private utility impacts however would not change significantly; all required extensions would still need to be made for both the project and the alternative and all service providers would need to serve either project. These impacts are typically population dependent and the basic working population to be situated on the property would be reasonably similar for both undertakings. Therefore, the amended project would not result in a significant decrease in demand on public services. Aesthetics, Visual Resources, Community Design From the standpoint of community design and project layout in relation to environmental constraints, this alternative could very significantly reduce hazard constraints, diminish the disruption of present open space, and improve the appearance of the project in two ways: by providing more open space and by diminishing the number and size of proposed structures. The most significant change would result from deletion of Lot 4 and concentration of uses on Lot 3. Of greatest significance from an aesthetic standpoint, the amended project would result in the short and long -term preservation of open space on the reconfigured Lot 3, probable elimination of the need for a bridge over the Arroyo Simi, and the probable elimination of an unsightly access road across a 100 -foot fill area facing the Campus Park and Virginia Colony residential areas. For these and other reasons, this alternative is considered an improvement in community planning compared to the project as proposed. Cultural Resource and Paleontological Impacts Both the project and the alternatives would result in large areas of rough grading (more than 1 million yards for both options) and therefore impacts to Paleontological formations on the property are likely to be similar under both options. In addition, the cultural resource site to be impacted by the development is situated in a location that would need to be removed, recompacted and graded for two reasons: no access road system can be developed without impacting the site (given its close proximity to New Los Angeles Avenue) and the area within Lot 2 (adjacent to the site) would require an alluvial removal to create a developable building pad). In summary, the revised project alternative decreases impacts in nearly all categories of significant environmental effect and in several other categories the revised and originally proposed projects would result in comparable effects. From the standpoint of urban form, hillside protection, community planning, environmental protection, hazard reduction, and project density perception, the amended project is superior to the project as proposed. The amended project basically meets c:\1- m \sdi \cega.fnd 53 8-2 1-96 all of the applicant's Phase I development objectives for manufacturing expansion and commercial development (lot and development right sale to assist in defraying the costs of manufacturing facility development). c:\I-m\sdi\ceqa.fnd 54 8 -21 -96 Attachment C Resolution Number 96 -1221 STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SPECIAL DEVICES, INC., PROJECT (GENERAL PLAN NO. 95 -1, ZONE CHANGE NO. 95 -3, VESTING TENTATIVE MAP NO. 5004, IPD PERMIT NO. 95 -2, AND DEVELOPMENT AGREEMENT NO. 96 -1) Legal Requirements The California Environmental Quality Act (CEQA) section 15093 requires the preparation of a Statement of Overriding Considerations when the decision of a public agency to approve a project allows the occurrence of significant effects which are not at least substantially mitigated. The Final EIR for the Special Devices Incorporated Project identifies four environmental effects for which a Statement of Overriding Considerations must be prepared (short term construction air quality impacts, long term air quality impacts, cumulative effects on biological resources, and visual resource impacts). In brief, Overriding Considerations are required for all significant adverse impacts which cannot be fully mitigated or avoided. Thresholds of significance for determining if an environmental effect is adverse or unavoidable are defined in CEQA, City Guidelines implementing CEQA, and in County thresholds and standards related to regional environmental effects for which the County is the Responsible or Trustee Agency (e.g., air quality, water quality). Impacts for Which Overriding Considerations are Required Based on the information contained in the Final EIR, significant unavoidable environmental effects requiring a Statement of Overriding Consideration were identified for the following impacts: (1) Construction related air quality effects, including the dispersion of particulate matter resulting from mass grading and the generation of nitrogen oxides, sulfur dioxide, and other ozone precursors from vehicles to be used in this grading program, would generate significant amounts of pollution in the regional airshed. c: \1- m \sdi \cega.soc 1 B -21 -96 (2) The long -term vehicle emissions related to the occupation and use of both manufacturing and commercial facilities would contribute to a long -term decline in the quality of the regional airshed. Even with the imposition of mitigation measures, from a cumulative perspective, the project's effects cannot be successfully offset; moreover, the long -term emissions predicted for the development would exceed air quality thresholds established by the Air Pollution Control District, the regional agency assigned the responsibility for assuring proper management of the airshed. (3) Project buildout would result in unavoidable impacts to about 40 acres of various sensitive vegetation communities and associated protected faunal species; construction may also indirectly impact several acres of riparian habitat along the Arroyo Simi. These resources all satisfy criteria used to define significant rare or sensitive habitats. Furthermore, a substantial portion of the land around the perimeter of the project would need to be cleared and modified for fire protection purposes, further diminishing the potential for retaining existing native plant communities as viable ecologic units. Implementation of the project is estimated to impact a total of between 40 and 60 acres of habitat including substantial impacts to oak woodlands. The adverse effects resulting from modifications to sensitive habitats and plant communities will be unavoidably significant. Implementation of the project will contribute significantly to the gradual, potentially inevitable, elimination of several plant communities as an existing, viable habitat. Loss of sensitive faunal species associated with several types of on -site vegetation communities is also anticipated. (4) The visual resource effects related to the construction of the proposed project will result in permanent modifications to the landforms within the project boundary. The project will involve substantial mass grading which will result in filling a canyon adjacent to the Arroyo Simi, elimination of a prominent landform central to the property, and modifications to the landscape along prominent view corridors in the eastern part of the City. Although revegetation of the graded area is planned, the scope of grading will irreversibly modify the existing natural environment and open space within and adjacent to the project boundary. Overriding Considerations are defined as those features of a project that rationalize project approval despite the inability to develop sufficient, feasible environmental mitigation measures. The Overriding Considerations for the Special Devices Incorporated Project are: c: \1- m \sdi \cega.soc 2 8 -21 -96 (1) The proposed project will permit the construction of one manufacturing and two commercial properties which will provide needed employment for City residents. The City presently does not have a suitable balance between residential and employment opportunities, a deficiency that the project will, at least in part, remedy. Provisions in the Development Agreement for the SDI project require that substantial local employment of Moorpark residents be achieved during the first several years of operation. Employment will also be generated once commercial projects are developed on the two proposed commercial lots. At this time, the City's employment base is decidedly non -local and residents often must travel considerable distances to avail themselves of employment opportunities. The availability of increased employment opportunities within the City will reduce regional air quality impacts by shortening commute times and distances to employment locations situated outside of the City. (2) The project will involve the dedication of a very substantial amount of land to conservation purposes. More than 300 acres of land will be placed in permanent Conservation Easement (with perpetual dedication of development rights). Several of the most significant, rare, and unique resources within the property boundary will be within the boundary of the Conservation Easement. Protection of both cultural resources and rare plants and associated special interest fauna will be achieved by the creation of the Conservation Easement. (3) A major capacity increasing improvement of the State Route 23 /New Los Angeles Avenue interchange will be funded by the project applicant. This important improvement will provide an improved interchange ramp design which will accommodate future development within the City. Once implemented, the reconstruction of this interchange will provide enough future capacity that no additional improvements to this interchange will be required to accommodate General Plan buildout within the City. In addition, portions of the State Route 23 /New Los Angeles Avenue offramp will be landscaped and upgraded visually to provide an attractive entrance to the City. (4) The restoration of the landforms within the project boundary (after mass grading) will involve substantial replacement planting with native species, restoration of riparian vegetation adjacent to the Arroyo Simi, and substantial restoration and enhancement of oak woodlands situated above the Arroyo Simi along the northern perimeter of the project boundary. This restoration program will contribute to the long -term viability of oak woodlands within the City. Presently, due largely to historic grazing activities, the c: \1- m \sdi \cega.soc 3 8 -21 -96 oak woodlands within the project boundary are not sufficiently self - propagating and the proposed restoration program and the elimination of grazing will contribute to the ultimate improved viability of oak woodland habitat along the Arroyo Simi. (5) The project will provide important economic and job formation opportunities for both short -term employment in the construction trades and long -term employment in the services and maintenance sectors of the local economy. The balance between jobs and the housing in the City reflects a shortage of employment opportunities, particularly for service and maintenance sector employees, and the approval of the project will contribute to a gradual reversal of this trend. The project will also create indirect financial benefits to existing businesses in the City through the increased use of local services and facilities. (6) The approval of the project will provide the opportunity for a type of retail development that is currently unavailable in the City (freeway- oriented commercial uses). (7) The overall economic benefits of the project for the City will involve a source of long -term revenue that will enhance the City's General Fund. Fewer methods exist for providing General Fund revenue now than in the past and the provision of an income stream to the City resulting from the anticipated sales tax revenues associated with freeway commercial oriented development will make a valuable contribution to funding important capital improvements and /or services that would otherwise be unavailable to the City's residents. (8) Comprehensive mitigation measures have been developed for impacts that were identified in the Final EIR the project. All physically and technically feasible mitigation measures have been imposed on the project. c: \1- m \sdi \cega.soc 4 8 -21 -96 MOORPARK 1 799 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. 6 -1221 was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of AUGUST , 1996, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS BROWN, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER HUNTER ABSTAIN: NONE WITNESS my hand and the official seal of said City this 29th day of AUGUST 1996. Lillian E. Hare, City Clerk PAUL W. LAWRASON JR JOHN E. WOZNIAK ELOISE BROWN PATRICK HUNTER BERNARDO M. PEREZ Mayor Mayor Pro Tern Councilmember Councilmember Councilmember