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AG RPTS 2005 0222 PC REG
Resolution No. PC- 2005 -470 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY - February 22, 2005 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 6. CONSENT CALENDAR: A. Regular Meeting Minutes of January 25, 2005. 7. PUBLIC COMMENTS: ----- ------------ - - - - - - - __ ___ -------- - - - - -- Any member of the public may address the Commission during the Public --------------- -- Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department /Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. Planning Commission Agenda February 22, 2005 Page No. 2 8. PUBLIC HEARINGS: (next Resolution No. 2005 -470) A. Consider Modification No. 1 to Conditional Use Permit No. 2003 -01, for the Co- Location of Wireless Antennas and Associated Equipment at an Existing Wireless Telecommunications Facility Located at 7150 Walnut Canyon Road (Ventura County Waterworks District No. 1 Maintenance Facility), on the Application of Synergy Development Services for Cingular (APN: 500 -0- 270 -130) (Staff: Scott Wolfe) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- approving Modification No. 1 to Conditional Use Permit No. 2003- 01. B. Consider Tentative Parcel Map No. 5576 to Subdivide One 4.21 -Acre Lot into Two Lots to Create a 3.63 -Acre Lot for the City's Corporate Yard, and a 0.58 -Acre Lot for Future Use Consistent with the M -2 Zone, Located at the Terminus of Fitch Avenue, on the Application of the Moorpark Redevelopment Agency (APN: 512 -0- 150 -765) (Staff: David Bobardt) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- approving Tentative Parcel Map No. 5567. 9. DISCUSSION ITEMS: A. Consider the Draft Seven (7) Year Capital Improvement Program (CIP) for Streets and Roads. (Staff: Ken Gilbert) Staff Recommendation: Find the Subject Draft Seven Year Capital Improvement Program for Streets and Roads in Conformity with the Moorpark General Plan. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. March 22, 2005 B. April 26, 2005 \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05 -0222 pca.doc Planning Commission Agenda February 22, 2005 Page No. 3 11. ADJOURNMENT: --------------------------------------------------------------------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II). \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05_0222 pca.doc ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of January 25, 2005 Pacae 1 1 The Regular meeting of the Planning Commission was held on 2 January 25, 2005, in the City Council Chambers; Moorpark Civic 3 Center; 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Chair Pozza called the meeting to order at 7:02 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Commissioner Taillon led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Commissioners Landis (arrived 7:04 p.m.), DiCecco and 10 Taillon, Vice Chair Peskay and Chair Pozza were present. 11 Staff attending the meeting included David Bobardt, 12 Planning Manager and Joseph Fiss, Principal Planner. 13 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 14 None. 15 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 16 By consensus the Commission concurred with staff's request 17 that Item 8.A. be removed from the agenda because the 18 applicant, Garrett Custom Trailers, had withdrawn the 19 application. 20 6. CONSENT CALENDAR: 21 A. Regular Meeting Minutes of January 4, 2005. 22 MOTION: Vice Chair Peskay moved and Commissioner Taillon 23 seconded a motion that the Planning Commission Regular 24 Meeting Minutes of January 4, 2005, be approved. 25 (Motion passed with a unanimous 4:0 voice vote. 26 Commissioner Landis was absent.) \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 ®piy ® l5 � Draft \OS 0125 pcm.doc E Planning Commission, City of Moorpark, California Minutes of January 25, 2005 Page 2 1 7. PUBLIC COMMENTS: 2 None. 3 8. PUBLIC HEARINGS: 4 (next Resolution No. 2005 -470) 5 A. Consider Conditional Use Permit No. 2004 -05 to Allow 6 Retail Sales, Customization and Service of Trailers in 7 the M -1 (Industrial Park) Zone at 5238 Kazuko Court 8 "B" on the Application of Garrett Custom Trailers (APN 9 511 -0- 070 -705). 10 Staff Recommendation: 1) Open the public hearing, 11 accept public testimony and close the public hearing; 12 and 2) Based upon the testimony given at the hearing 13 and the evidence presented in the staff report, direct 14 staff to bring a resolution back to the Commission at 15 its next meeting approving or denying the application 16 based upon meeting or not meeting the required 17 findings. The Planning Commission may approve, 18 conditionally approve, deny or modify, wholly or 19 partly, the application being reviewed. The Planning 20 Commission may impose such conditions and limitations 21 as it deems necessary to assure that the general 22 purpose and intent of the Municipal Code will be 23 observed. 24 The decision of the Planning Commission is final 25 unless a written appeal is filed with the Community 26 Development Director, accompanied by the required fee, 27 within ten (10) calendar days of the Planning 28 Commission action. 29 Item 8.A. was removed from the calendar under Item S. 30 9. DISCUSSION ITEMS: 31 None. 32 Commissioner Landis joined the meeting at this point. \ \Mor pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \OS 0125 pcm.doc 006002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Planning Commission, City of Moorpark, California Minutes of January 25, 2005 Paae 3 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. February 22, 2005 B. March 22, 2005 Mr. Bobardt briefly discussed future agenda items and indicated that a public hearing was tentatively scheduled for the regular meeting of February 22, 2005 for consideration of the Toll Brothers expansion projects that were introduced at the January 4, 2005 meeting. 11. ADJOURNMENT: Commissioner DiCecco moved and Vice Chair Peskay seconded a motion to adjourn the meeting. (Motion carried with a unanimous 5:0 voice vote.) The meeting was adjourned at 7:06 p.m. Scott Pozza, Chair ATTEST: Barry K. Hogan, Community Development Director \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0125_pcm.doc ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Dire Prepared by Scott Wolfe, Principal Planner DATE: February 15, 2005 (PC Meeting of 2/22/05) SUBJECT: Consider Modification No. 1 to Conditional Use Permit No. 2003 -011 for the Co- location of wireless antennas and associated equipment at an existing Wireless Telecommunications Facility Located at 7150 Walnut Canyon Road (Ventura County Waterworks District No. 1 Maintenance Facility), on the Application of Synergy Development Services for Cingular (APN: 500 -0- 270 -130) BACKGROUND On May 20, 2003, the Planning Commission approved Conditional Use Permit No. 2003 -01. This Permit authorized the construction of a ninety -two foot (921) high monopine wireless communication facility and equipment building on the Waterworks District No. 1 Maintenance Facility site. On January 27, 2005, Synergy Development Services submitted an application on behalf of Cingular Wireless to co- locate antennas on the previously constructed monopine facility, currently occupied by T- Mobile. DISCUSSION Project Setting \ \mor pri_sery \City Share \Community Development \DEV PMTS \C U P \2003 \01 Cingular \Mod No. 1 \Agenda Rpts \PC Agenda Report.doc 000004 Honorable Planning Commission February 22, 2004 Page 2 General Plan Zoning Consistency: Both the General Plan and zoning of the City of Moorpark envision the siting of public utilities within the various zones of the City. The unique nature of wireless facilities renders many areas of the City unusable for the placement of these facilities, as they must have "line of sight" visibility over the areas that they serve. The Wireless Ordinance encourages the co- location of facilities to reduce the impact of multiple tower facilities. The City of Moorpark adopted the Wireless Communication Facilities Ordinance which establishes these uses as conditionally permitted uses within all zones of the City, subject to prescribed findings (discussed below). Staff finds that this facility, as proposed, is consistent with both the General Plan and the Zoning Code. Proposed Project Architecture: There are two (2) main components to this facility: the antennas and the equipment building. The antennas are proposed to be located on the existing tower below the antennas which are currently installed. The top of the new antennas is proposed to be seventy - three feet (73') above grade level. The top of the existing antennas is eight -five feet (85') above grade. The proposed 322 square -foot equipment building will have a height of ten feet six inches (10'6 "). The building would be utilitarian, with no distinct architectural style, an earthen -tone color and with an access door and utility connection boxes, as well as, air conditioner units visible on the outside of the structure. The structure would be enclosed within a six foot (61) high chain - link fence with a locking gate for security. The chain -links would be fitted with wood or vinyl slats to further screen the building and equipment from view from the outside. Setbacks: The proposed structures far exceed the minimum setback requirements on the site. As accessory structures in the RA -10ac zone, they may be within three feet (31) of the property lines. These structures, as well as the facilities previously approved, are about fifty feet (50') from the southern property line and well over 200 feet from the east and west side property lines. Circulation: Access to the site is by a driveway from Walnut Canyon Road leading O06005 Honorable Planning Commission February 22, 2004 Page 3 to the Ventura County Water and Sanitation Services Division offices. From the office parking area, an unpaved road leads to the wireless facility site at the south end of the property. Traffic: The proposed use will not generate significant traffic. The facility is designed to operate without on -site staffing. Visits to the facility will only be required for construction and subsequent maintenance operations. Parking: The proposed use will require only periodic visits for maintenance. No parking is required for the facility and no paved parking is proposed. Landscaping: The subject site is heavily landscaped with a large number of mature trees that provide screening and are compatible with the camouflage of the pine tree design. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration: • Area One - Location • Area Two - Visibility Area One - Location: The subject site for this request is currently used as a site for other wireless communication facilities. The site is situated in such a way as to offer "line of sight" visibility to a large portion of the City, thus this location has been the selection of other carriers, as well as, this one. The proposed new antennas are to be co- located on an existing pole which is camouflaged to look like a pine tree. The proposed antennas can be considered as a compatible open space use under appropriate circumstances. The site is visually obscured from several directions and minimizing the visibility of the additional antennas will be accomplished by the camouflaging of the monopine tower. There are currently trees that soften distant views of the existing facilities and help in the blending of open space with these necessary facilities. 00600Gi Honorable Planning Commission February 22, 2004 Page 4 Area Two - Visibility: The proposed cellular antenna site is a passive use of a portion of the existing waterworks facility. It is proposed to co- locate on an existing facility to minimize the impacts that would be associated with the construction of a separate tower for the new antennas. This co- location therefore reduces the visibility of the facility to the point where it will only negligently increase the visibility of the existing facility. It is not expected that the cellular antenna facility operation will disturb the surrounding area. Also, the proposed facility is not located near neighboring properties so as to affect other uses. Findings Modification Findings: Based upon the above analysis, staff presents the following findings in accordance with the City of Moorpark, Municipal Code Section 17.44.100(A)(2): A. The proposed change to the project approved under Conditional Use Permit No. 2003 -01 is not a substantial or fundamental change to the approved entitlement or use in that the proposed antenna panels would be located below the height of the existing antenna panels on the same pole. B. The proposed change to the project would not have a substantial adverse impact on surrounding properties in that the project involves a minimal change to the appearance of an existing monopine antenna pole. C. The proposed change to the project would not change any of the findings contained in the environmental documentation prepared for Conditional Use Permit No. 2003 -01 in that the project only involves the construction of small structures and would be categorically exempt from environmental review under Section 15303 of the California Code of Regulations. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3) . Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Deemed Complete: February 4, 2005 Planning Commission Action Deadline: April 5, 2005 Honorable Planning Commission February 22, 2004 Page 5 Upon agreement by the City and Applicant, one (1) 90 -day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project that does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The project under Conditional Use Permit No. 2003 -01 was found by the Planning Commission to be Categorically Exempt in accordance with Section 15303 (Class 3 - Construction of Small Structures) of the California Code of Regulations (CEQA Guidelines). The Community Development Director has determined that this modification would also be Categorically Exempt in that the project only involves the construction of a small equipment building on the site and the placement of antenna panels on an existing pole below existing antenna panels. No further environmental documentation is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- approving Modification No. 1 to Conditional Use Permit No. 2003 -01. [lo oo,9 Honorable Planning Commission February 22, 2004 Page 6 ATTACHMENTS: 1. Location Map 2. Project Exhibits 3. Draft PC Resolution with Conditions of Approval 00( "IOC9 T LOCATION MAP NORTH Modification No. 1 to CUP No. 2003 -01 Synergy Development Services (Cingular Wireless) to 0 H C1 x H N y I ■ SM Xcingular WIRELESS DATE. 1/25/05 aEnr _ DRAWN BY C1 ",'A'.BY- ......, .. X cingular- SCOPE OF WORK APPROVALS VN058 -01 -P1 (VY -197) SHELTER AND ANTENNAS SHEET INDEX [V{I•I 6M� - a ° 1INDAION�[ �R�SE�, N�R�ET�ne =, ALAI") NIIFf lrIPAI ,FIANIENNAS°NLsIIIG.M- ,N °,<,.r l��N� N�R«< :CAB cs a ee o e o c- sE O 1.1 5 All SP QO DO ES OvF+Fw Br °` a °` s ° ° "` ° "` "' P'sE — Rev �AnSt St,Nn .RE n t °wNRR N sl n N — �,N�R �l�N T -1 TITLE SHEET a -1 PUNS A -2 ELEVATIONS A -3 ELEVATIONS C -1 SITE /BOUNDARY PLAN — .. PROJECT DATA UTILITY CONTACTS �°NEERN° -" VICINITY MAP SUBMITTAL RECORD fl �. FntiR nv.n � � ,`. �.• n 'SS - RC.rl N�.1n+0 =R VN& 01 PI IVY -197 L 510e ANTFhNAS SHELTER AND V ENT URA WATER WORKS JN R ° DES R/ TITLE SHEETv LAS ING O'( Ulnn� Y ANCE T -1 - I PLAN (14)— SITE ��� DATE 1125/05 X cingular F ,gMs OMNK W T. MRos ED C '"WUA R wi USS 11 .- 5X28' — ' UNMARRED PREFAMIrTED — — — EWIPMEW SHELTER — — — — N Z W01 PI (VY 1971 NIINNAI \ �nrJ) c.is ..c O SHELTER AND �r+tts VENTURA TER WORKS 3AI nR rf! !4 ( ul PLANS 24 E UIP�MLNT LAYOUT PL AN A-1 �~1„1. FneNem eal'AVR �F55 �►J DATE'. 1/25/05 ,GLEnv CHECKEIYBY IC /SN -O � M1 9 = �IMFMMe PoIM TI _ r. .a xee -e eBG.t M[rr -i9Se yBWM0 ?F OPTIMIM 10 CEB —M X cingular° o WM 0 B ow r wgi '. wsric �nurr aa[ / � ,� • �'' 4��5 .: rx�xr«es wiwiEO m s�arzx •pixrt0 m //,1 •.. !xi VN058 -0I -PI (VY -19]) o .ui yy ,, + // ANTENNAS sNEUER AND _f ?" / ,;;• � � - 7P + , -o �Ee e VENiURA WATER WORKS N A 911131 ETEVnnoNs �e 1_ �ouII -�� 24 WEST ELEVATION A�2 r 4o lr�— C) C WSW- 2- -1 Lil �p 0, DATE'. 1/25/05 X cingular- V`N'0'58 01 PI IVY 197) ANTENNAS 5 HELIER AND IENTITIA WAIER WORKS EIIVAIONI A-3 --1 E-1 -1 Lil �p 0, DATE'. 1/25/05 X cingular- V`N'0'58 01 PI IVY 197) ANTENNAS 5 HELIER AND IENTITIA WAIER WORKS EIIVAIONI A-3 --1 9 \� I3 \\ Ig x �t� w �i��.w -- L l y —J •� SGLQ �0 AD i oern�: q' a 0 COO 0 IAlIt110E xlr«.av la�a6: 116aa'avww nn tri moan moimutTO 6oE E6ErsO 19C a WA a aw6n `amr VS I�O6 ND fa} w6 1arI6Y6 r66 qaf rlwa]wa CM$$ Of BEAR NGS M rwrios iwoM A1E ram a aAIa6M m0oM1[ r31U1. :asr 6. rn u TITLE REPORT IDENTIFICATION: ('Obi I!f v Tlaa 10-0 F_ASFMFNT NOTES (R«IO«ClmE 6llaa AErwi AREA. tw.t6w .µ - n.w Aoo ASSESSOR'S 'IDENTIFICATION: VOAN m1611v AVM !ao- o-aJo-taO @ENSR_NMK, aR110.1L a«nn ar aAVm F law IM. AT 0.]6 uas tIO1Rr AIM60 M 6011116w1 rAOFi raArO AIOY M .AA1a106 R iW[ Irpwr 9 M 11601Mrt 106a w[f IOIIM O M 6MFIUF v Iomlm AwMlf nt Rar aasr 6 M waE ii a' A w116t6 srL ca616a ttaL su war nomN v M 16AR rL twt r¢i 6amt v M aw« twl v A aioE ni a i raT ow M atn M trot M61E: M 6611 IS FIfIm « A .-.b wC t,R .« A taa6 w AM 6 160m d wa 6wL6 M aa6i at�v. aaMiot - .n.w war AIL l6«M FI DDD zDNE: wD00 601[ LEUL DESCRIPTION' DPTG OF $LIMEY_ rwwn rs ww Arm- -T A lAOI v W6 mat«u n rav rah w rrwtm waa K T a«OEIa Aal M Q}O6aw1 a an At1O1Q a nac66c M alw m66r what wla vats m m rict«na vats d wail ELF 1 E 1. F...�tYi /•�.7 ?i" y�•' i DRA6« 6r: A* , CMCKEO B : N �S S� 6 I u �rJ II i; «I IVY- 197 -04 VENTURA WATER WORKS 1150 1/2 WALNUT CANYON' MOORPARK. CA 93021 TaramAnac 9uRVEr IT.M6. C -1 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO. 2003 -01 LOCATED AT 7150 WALNUT CANYON ROAD, ON THE APPLICATION OF SYNERGY DEVELOPMENT SERVICES FOR CINGULAR WIRELESS (ASSESSOR PARCEL NO. 500 -0- 270 -130) WHEREAS, at a duly noticed public hearing on February 22, 2005, the Planning Commission considered Modification No. 1 to Conditional Use Permit (CUP) No. 2003 -01 on the application of Synergy Development Services for Cingular Wireless, for authorization to co- locate an antenna array on an existing ninety -two foot (92') high monopine wireless communication facility and construct associated facilities, including a 322 square -foot equipment building, located at the Ventura County Waterworks District #1 Maintenance Facility site at 7150 Walnut Canyon Road. (Assessor Parcel No. 500 -0- 270 -130); and WHEREAS, at its meeting of February 22, 2005, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Community Development Director has determined that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15303 as a Class 3 exemption for Construction of Small Structures. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the determination of the Community Development Director that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15303 as a Class 3 exemption for Construction of Small Structures. SECTION 2. MODIFICATION FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark Municipal Code Sections 17.44.100(A)(2): \ \mor _pri_sery \City Share %C-nity Development \DEV PMTS \C U P \2003 \01 Cinqular \Mod No. 1 \Reso \PC Reso PD 6 M P.doc PC ATTACHMENT 3 (? �' 0) '.f Resolution No. PC -2005- Page 2 A. The proposed change to Conditional Use Permit No. fundamental change to the that the proposed antenna the height of the existi pole. the project approved under 2003 -01 is not a substantial or approved entitlement or use in panels would be located below ng antenna panels on the same B. The proposed change to the project would not have a substantial adverse impact on surrounding properties in that the project involves a minimal change to the appearance of an existing monopine antenna pole. C. The proposed change to the project would not change any of the findings contained in the environmental documentation prepared for Conditional Use Permit No. 2003 -01 in that the project only involves the construction of small structures and would be categorically exempt from environmental review under Section 15303 of the California Code of Regulations. SECTION 3. PLANNING COMMISSION ACTION: The Planning Commission hereby approves Modification No. 1 to Conditional Use Permit No. 2003 -01 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 00C�017 Resolution No. PC -2005- Page 3 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 22nd day of February, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval Resolution No. PC -2005- Page 4 EXHIBIT A SPECIAL AND MODIFICATION NO. 1 STANDARD CONDITIONS OF APPROVAL FOR TO CONDITIONAL USE PERMIT NO. 2004 -03 SPECIAL CONDITIONS 1. The applicant shall allow the City to place associated equipment and electronics within or on the equipment enclosure, at no cost, so long as this is done for City purposes at the expense of the City, there is no interference with the operation of the primary equipment, and that security and access are feasible. 2. Prior to approval of a Zoning Clearance, the antennas shall be designed to ensure that the visual appearance matches the surrounding uses by including design and /or landscaping elements, as determined by the Community Development Director. The Director may require additional trees or further enhancement of the monopine camouflage after the installation of the antennas, if additional screening is deemed necessary. 3. In the event that a future merger, acquisition, or other action renders this antenna array redundant or unnecessary, the applicant shall remove the facility within ninety (90) days of a determination of redundancy or non - necessity. Propagation maps identifying then - current signal coverage and coverage without this facility shall be provided to the City at the request of the Community Development Director. Such request may occur not more than once in a twelve (12 ) month period. 4. The equipment shelter shall be constructed of a non- combustible material. STANDARD CONDITIONS 1. Acceptance of Conditions: The applicant's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 2. This permit shall expire one (1) year from the date of its approval, unless a building permit has been obtained and construction inaugurated. The Community Development 0 �_% (1019 Resolution No. PC -2005- Page 5 Director may, at his /her discretion, grant up to two (2) additional 1 -year extensions, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards obtaining building permits or inaugurating construction. The request for extension of this permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit. 3. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted City policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 4. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 5. If any architectural or historical finds are uncovered during grading or excavation operations, all grading or excavation shall cease in the immediate area and the find shall be left untouched. The applicant shall assure the preservation of the site and immediately contact the Community Development Director, informing the Director of the find. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected shall be approved by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 6. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold C50 0oOL© Resolution No. PC -2005- Page 6 harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 7. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 8. Applicant shall conform to all National Pollutant Discharge Elimination System (NPDES) requirements during and after completion of the project. 9. No excavations shall be commenced unless the work can be completed before any rain falls. Which means the materials, equipment and manpower shall be procured and ready to commence the work before the excavation begins. In the event the work is interrupted with rainfall, all excavated areas shall be completely covered with visqueen and secured with gravel bags so that no mud is generated from the work area and allowed to leave the work area. 10. All work shall cease when there is a forty percent (40 %) chance of rain or when rainfall is imminent, whichever is more stringent and the site secured, as noted. 11. No work shall commence after a rainstorm until the ground has dried sufficiently so that no materials are transported off the site by workers or work equipment. 12. No work equipment, vehicles or materials shall be stockpiled or left in the public right -of -way. 13. Any work within the public right -of -way requires an encroachment permit. 14. No work shall be performed before 7 :00 A.M. and after 7:00 P.M., Monday through Friday, and by permission work can be 006021 Resolution No. PC -2005- Page 7 done between 8:00 A.M. and 5:00 P.M. on Saturday. No work shall be done on Sunday. 15. Deliveries of oversized loads require a city permit. FEES 16. Entitlement Processing: Prior to the acceptance of any Zoning Clearance, entitlement, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Director, all outstanding entitlement case processing fees including all applicable city legal service fees. This payment shall be made within sixty (60) calendar days of approval of this permit. 17. Capital Improvements, Facilities, and Processing: Prior to the issuance of a Zoning Clearance for grading the applicant shall submit to the Community Development Director the capital improvement, development, and processing fees at the current rate in effect. Said fees include but are not limited to Library Facilities, Police Facilities, Fire Facilities, entitlement processing, building and public improvement, plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction and such future fees imposed, as determined by the City in its sole discretion, so long as said fee is imposed on similarly situated properties. 18. Electronic Conversion: Prior to or concurrently with the approval of the Final Map, the applicant shall submit to the City Engineer and the Building Official the City's electronic image conversion fee for the Final Map /improvement plans and building permit /plans or other plans, as determined by the Community Development Department. 19. Condition Compliance: Prior to the issuance of any Zoning Clearance for construction, the applicant shall submit to the Community Development Department the Condition Compliance review fee. Please contact the PLANNING DIVISION for compliance with the following conditions: 000022 Resolution No. PC -2005- Page 8 OPERATIONAL CHARACTERISTICS 20. Prior to the issuance of a Zoning Clearance for construction, the applicant shall submit all construction plans for review and approval by the Planning Division. 21. This facility is approved as an unmanned operation. Following construction of the facility, traffic generated by this use shall be limited to periodic and emergency maintenance of the facility. LANDSCAPING 22. Prior to operation of the use, the applicant shall replace at the applicant's expense, any vegetation or landscaping removed or damaged as a result of the installation or operation of this facility. The replacement shall be to the satisfaction of the Community Development Director. 23. Prior to the issuance of a Zoning Clearance for construction, a Landscape Plan shall be submitted to the Planning Division for review and approval by the Community Development Director. The applicant shall pay any cost of landscape plan review at the time of submittal. Landscaping shall be provided to screen any equipment associated with this communications facility. 24. In the event that the uses for which this Conditional Use Permit are approved, is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the use unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit, based upon the evidence presented at the hearing. A surety, in an amount subject to the review and approval of the Community Development Director, shall be provided to the City prior to the approval of a Zoning Clearance for construction, to guarantee removal of equipment and structures, if the City determines the facility to be abandoned and /or a public nuisance. 25. Removal or relocation of any and all of the facilities shall be at the facility owner's expense, and at no cost to the City. Should the facility be removed or relocated by the City, the facility owner hereby waives any claims, 000023 Resolution No. PC -2005- Page 9 damage, or loss (including, but not limited to, consequential damages) resulting from the city's removal or relocation of the facility. 26. The applicant will provide, at its expense, a field survey or other method consistent with Federal law to provide written verification that the facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one (1) such request in any 24 -month period. 27. The facility shall be removed at the owner's expense when a City- approved project requires relocation or under grounding of the utility structure on which the facility is mounted. If the facility owner refuses to remove the facility, the owner shall reimburse the City for city costs and expenses to remove the facility. The applicant waives any claims, damage, or loss (including, but not limited to, consequential damages) resulting from the City's removal or relocation of the facility. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: 28. Prior to the issuance of a grading permit or building permit, whichever occurs first, proof of the right to ingress and egress shall be obtained from adjacent property owner and provided to the City Engineer. Prior to any grading or drainage activity, a Grading and /or Drainage Plan shall be prepared and submitted to the City Engineer for review and approval. No grading or drainage work shall occur without a grading permit and /or the permission of the City Engineer. 29. In the event that existing drainage patterns are affected by this project, the applicant shall adhere to all Federal Emergency Management Agency (FEMA) regulations and requirements. Prior to the issuance of a grading permit, all necessary calculations shall be submitted to the City and any governing Federal agency for review and approval. -End- 006024 ITEM: 8.B. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared by David A. Bobardt, Planning Manag r DATE: February 9, 2005 (PC Meeting of 2/22/2005) SUBJECT: Consider Tentative Parcel Map No. 5576 to Subdivide One 4.21 -Acre Lot into Two Lots to Create a 3.63 -Acre Lot for the City's Corporate Yard, and a 0.58 -Acre Lot for Future Use Consistent with the M -2 Zone, Located at the Terminus of Fitch Avenue, on the Application of the Moorpark Redevelopment Agency (APN: 512 -0- 150 -765) BACKGROUND On February 15, 2002, the Moorpark Redevelopment Agency acquired a 4.21 -acre parcel at the terminus of Fitch Avenue for the construction of a Public Works /Community Services Department corporate yard. By early 2004, planning and design for the corporate yard facility had progressed to the point that the Redevelopment Agency declared approximately 0.58 acres of this parcel as "surplus." The Redevelopment Agency solicited development proposals for the property, and on June 2, 2004, directed the Agency staff to negotiate a Disposition and Development Agreement with Creative Woodworks for the surplus property. The sale of this property requires a parcel map to separate it from the corporate yard property. DISCUSSION Project Setting Existing Site Conditions: The project site is on a relatively level pad created as part of an industrial park. It is currently vacant, primarily covered by non- native weeds. Previous Applications: There have been no previous entitlement applications for this \ \Mor pri_sery \City Share \Community Development \DEV PMTS \T P M \5567 Redevelopment Agency \Agenda Rpts \050222 PC Agenda Report.doc 00602 Honorable Planning Commission February 22, 2005 Page 2 specific site. However, the Redevelopment Agency is developing a corporate yard facility for the Public Works and Community Services Department on 3.63 acres of the site. Working drawings have been prepared and construction bids are being solicited. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site Light Industrial Industrial 25,268 ................................................... _................. . . (I -1) Park (M -1) Vacant Downtown Specific Industrial Construction Materials, North Plan - Light g Park (M -1) Contractor's Office, _ .......................................................................................... Industrial ........_.................. - - -- ---._........................................................_.........................................................................................................................._....---.._......................................................._.._.......... VCTC Railroad ROW South Light Industrial Industrial ............................... Caltrans Maintenance ( I -1) Park (M -1) Yard East Light Industrial Industrial .......................................................... _..__._._ (I -1) Park M -1) Arroyo Simi West Light Industrial Industrial (I -1) Park (M -1) Automotive Repair General Plan and Zoning Consistencv: The proposed parcel map would allow development of the site consistent with the goals and policies of the General Plan and in compliance with zoning regulations. No change to the General Plan or zoning regulations is proposed as part of this project. Project Summary Parcel Map No. 5494: Parcel No. Size (in acres) Size (in sq. ft.) 1 3.63 157,988 2 0.58 25,268 Total 4.21 183,256 Proposed Project As mentioned above, the Moorpark Redevelopment Agency is preparing to build a City corporate yard on the site and has declared a portion of the site as surplus, directing staff to negotiate a Disposition and Development Agreement with Creative Woodworks, a cabinet manufacturer. The sale of the surplus property requires a parcel map so that it may be recognized as a separate legal parcel. Findings The Planning Commission has original authority over Tentative Parcel Maps. Action by the Planning Commission is final, unless appealed to the City Council within ten (10) days of the Planning 000026 Honorable Planning Commission February 22, 2005 Page 3 Commission's decision. Based upon the review and analysis of the project as proposed, staff recommends the following findings for the Planning Commission: A. The proposed map is consistent with the City's General Plan, in that the resulting lots will accommodate land uses consistent with those on the Land Use Element map. B. The design and improvements of the proposed subdivision are consistent with the applicable General Plan, in that the character of the surrounding industrial uses as envisioned in the General Plan will be preserved. C. The site is physically suitable for the type of development proposed, in that the site has been prepared for development, will require minimal grading, and has adequate access and utility service. D. The site is physically suitable for the proposed development, in that the size and shape of the lots can accommodate uses consistent with the General Plan and Zoning Ordinance without major alteration of existing terrain. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that the site already has been improved for industrial development. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that public sanitation services are available to the subject property, and will be required to meet the current City standards. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that no easements exist which will be adversely affected by the subdivision of land on the subject property. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq., in that no community sewer system exists or is proposed on the property. I. The proposed subdivision does not contain or front upon any public waterway, river, or stream, in that the Arroyo Simi flood control channel east of the project site is not a public waterway, river, or stream as defined by Section 66478.4 of the Government Code (Subdivision Map Act). 000027 Honorable Planning Commission February 22, 2005 Page 4 PROCESSING TIME LIMITS This is a public project not subject to time limits established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision. Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15315 (Minor Land Divisions - Class 15) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMdENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- approving Tentative Parcel Map No. 5567. ATTACHMENTS: 1. Location Map 2. Tentative Parcel Map No. 5567 3. Draft PC Resolution with Conditions of Approval 000,®28 T LOCATION MAP NORTH Parcel Map No. 5567 Moorpark Redevelopment Agency 1W IN Ilion loom MEN����� i I I � 1 1, 4 E y v W E PRE- IMINA19Y - 5N8,JEL7 TO REVISION 50/TTE'RV PACIFIC RARMA0 ii4- -- �1 1.23-55 - EAST 21167' 1 97.12" 1 \>- AVB'59'17T 1 61.37' ` / -- SB1 VO 43'T _ J� PAi>r'EL P rhf�x_7,s PAiir'EZ 1 29,221 SF &%65 AIFA' 15 A '2$259 S.F. 989 - S.F. 13.Q' UFS) ACT AT,TA' 157,598 SF (369 AL1d5J � m I \ n N � i-�� V .SEE LLTAIT A -T - - -_ 61942' �- T "ITCl1 AVF. I / \ EAST 71448 - -- - -- LIAE aarA anvc TIATA I \I i n. INN AVE 4 13 y a rAR A , EASEAENT AOTE5 UTRITY PROY.WL'/N 1 EA.£�ENT TO TW CITY OF A ARK 600 ELECTRIC R711ER :,q'/T7ERV CALIFQ9VIA EDISZAV - -- _ - - - -- Pl.�IC ROAD AAD HlCi/MgY R' ES PER GAS" SW77£!8y CgLIF09V1A GAS C0!PANY D0^01£NT hFCp/+rr£O �NAIE 9, 1994 AS INST. NATEA / `. AET# VEV M I,T7. NA7EA M71WS DIST Am. 94- 099074 O.R. STUN 99AI7VAW VEAT17 1A 00 NATERWD T- 7TECTI6N GIST. 0 0 O SCALE.' F'= = 50 ' M7. a54RW DISTAAtE Lf SWwW 37.W 5935 44 ASV W W f5.00 L AGO W W f059 L AWWW 4.47 L 554 56'19 20.41 L AW W W 5[!6 L AW W W 47.Si7 L .R?7t70W 21.05' AU. LU TA 840116 LEMiTH TAA&Wr C 5935 44 29.410 39.17 16.61 176' 5f 39 45.07 141. W- 1678.76 f1435 D3 46.07 91.99 71.63' 6 &1 1635' 46.LY1 50.004 27.79' TENTATIVE PARCEL MAP NO. 5567 IN Tlf CITY 0- AVOWAW COUNTY 6F IAWRRA STATE 6F CALIFORVIA BEING A SUBDIVISION OF PARCEL 1 AS RER MAP FILED IN BOOK 21, PAGE 2 OF PARCEL MAPS IN THE OFFICE OF TAE COUVTY RECORDER OF SAID COL#VTY. LLMDEB? 2004 PREPARED B OWNER.' GIRON EAGIAEERS INC. 160 N. GLEAWRA AVE., STE. H GLEAWRA, CA 91741 (626) 335 -8782 PC ATTACHMENT 2 0 REDEVELOPMENT AGENCY CITY OF MOORPARK 799 MOORPARK AVE. MOORPAW,, CA 93021 SHEET 1 OF 1 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF. THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 5567 ON A 4.33 -ACRE PARCEL, LOCATED AT THE EASTERLY TERMINUS OF FITCH AVENUE, ON THE APPLICATION OF GIRON ENGINEERS (FOR CITY OF MOORPARK REDEVELOPMENT AGENCY) WHEREAS, at a duly noticed public hearing on February 22, 2005, the Planning Commission considered Tentative Parcel Map No. 5567 on the application of the Moorpark Redevelopment Agency to subdivide one 4.33 -acre lot into two lots, located at the easterly terminus of Fitch Avenue; and WHEREAS, at its meeting of February 22, 2005, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Planning Commission concur: Development Director's determination that categorically exempt from the provisions Environmental Quality Act (CEQA) pursuant (Minor Land Divisions - Class 15) of the Regulations (CEQA Guidelines). with the Community this project is of the California to Section 15315 California Code of NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the agenda report and accompanying maps and studies, the Planning Commission has determined that the Tentative Parcel Map, with imposition of the attached Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City's General Plan, in that the resulting lots will accommodate land uses consistent with those on the Land Use Element map. B. The design and improvements of the proposed subdivision are consistent with the applicable General Plan, in that the character of the surrounding industrial uses as envisioned in the General Plan will be preserved. PC ATTACHMENT 3 0060-31 Resolution No. PC -2005 Page 2 C. The site is physically suitable for the type of development proposed, in that the site has been prepared for development, will require minimal grading, and has adequate access and utility service. D. The site is physically suitable for the proposed development, in that the size and shape of the lots can accommodate uses consistent with the General Plan and Zoning Ordinance without major alteration of existing terrain. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that the site already has been improved for industrial development. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that public sanitation services are available to the subject property, and will be required to meet the current City standards. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that no easements exist which will be adversely affected by the subdivision of land on the subject property. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq., in that no community sewer system exists or is proposed on the property. I. The proposed subdivision does not contain or front upon any public waterway, river, or stream, in that the Arroyo Simi flood control channel east of the project site is not a public waterway, river, or stream as defined by Section 66478.4 of the Government Code (Subdivision Map Act). SECTION 2. PLANNING COMMISSION ACTION: The Planning Commission hereby approves Tentative Parcel Map No. 5567 subject to the Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this 006032 Resolution No. PC -2005 Page 3 resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 22nd day of February, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Conditions of Approval O06033 Resolution No. PC -2005 Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR PARCEL MAP NO. 5567 1. This approval is for a Tentative Parcel Map only. Any further development of the property will require City review to determine City permits that will be required. 2. Within thirty (30) calendar days of approval of this subdivision, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this subdivision. The Affidavit of Agreement /Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. The Final Map shall include the final Conditions of Approval and a reference to the adopted City Council resolution in a format acceptable to the Community Development Director. 3. Approval of this subdivision shall expire three (3) years from the date of its approval unless a Final Map or Parcel Map is recorded or the approval time is extended. The Community Development Director may, at his /her discretion, grant up to two (2) additional 1 -year extensions for Map recordation, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards Map recordation during the initial period of time. The request for extension of this Map shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by a similar request for time extension of the Planned Development Permit and applicable entitlement processing deposits. 4. The Conditions of Approval of this subdivision and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the subdivision approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map. 5. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 6. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. 000034 Resolution No. PC -2005 Page 5 a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision. 8. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. Prior to or concurrently with the approval of the Parcel Map, the applicant shall submit to the City Engineer the City's electronic image conversion fee for the Parcel Map. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: 10. The Final Map shall be prepared in accordance with, "Guide for the Preparation of Tract Maps, Parcel Maps and Records of Survey /Corner Records" as published by the Public Works Agency of the County of Ventura. The various jurats /notary acknowledgements and certificates shall be modified as appropriate to reflect the jurisdiction of the City and the location of the subdivision within the City. The final map shall provide that each lot corner shall be monumented and that each street centerline intersection, tangent point and terminus shall be monumented with Ventura County Road Standard survey monument plate E -4. Street monuments shall be intervisible. The E -4 monument disk stamping shall read, "City of Moorpark" and shall be center punched to show the corner and stamped with the registration or license number of the professional responsible for its location. 11. Concurrently with the submittal of the Final Map, the applicant shall submit a current preliminary title report to the City Engineer, which clearly identifies all interested parties, lien holders, lenders and all other parties having any record title interest in the real property being subdivided. The preliminary title report shall identify the holders of any easements that affect the subdivision and shall contain the vesting deeds of ownership and easements. Thirty (30) days prior to the submittal of the Final Map Mylar® sheets, the applicant shall provide the City Engineer a subdivision guarantee policy of the property within the Final Map and preliminary title report for each area of easement proposed to be obtained for grading or construction of improvements. 12. Prior to, or concurrently with, the submittal of the Final Map the applicant shall provide written evidence to the City Engineer that a copy of the conditionally approved Tentative Map, together with a copy of Section 66436 of the State Subdivision Map Act, has been transmitted to each public entity or public utility that is an easement holder of Resolution No. PC -2005 Page 6 record. The applicant shall obtain subordination of senior rights of easement from any such public utility in favor of the City. 13. Prior to Final Map approval and upon submittal of the Final Map Mylar® sheets, the applicant shall provide the City Engineer electronic files of the Final Map, complete in every fashion except for signatures, in a format satisfactory to the City Engineer. 14. Upon recordation of the Final Map(s) the applicant shall forward a photographic process copy on 3 -mil polyester film of the recorded Map(s) to the City Engineer. 15. All lot -to -lot drainage easements or secondary drainage easements shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey stormwater flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain not maintained by a City Assessment District in conformance with the National Pollution Discharge Elimination System (NPDES) and shall be a durable agreement that is binding upon each future property owner of each lot. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: 16. At least fourteen (14) days prior to recordation of any Maps, including Parcel Map Waivers, the applicant shall submit two (2) copies of the Map to the Fire Prevention District for review and approval. 17. Within seven (7) days of the recordation of the Final Map(s), an electronic version of the Map shall be provided to the Fire Prevention District. 18. Prior to Final Map, the applicant shall provide to the Fire District, written verification from the water purveyor that the water purveyor can provide the required fire flow, as determined by the Fire Prevention District. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 19. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. - END - 0000.36 ITEM: 9.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission x FROM: Kenneth C. Gilbert, Director of Public Works DATE: February 17, 2005 (PC Meeting of 2/22/2005) SUBJECT: Consider the Draft Seven Year Capital Improvement Program [CIP] for Streets and Roads BACKGROUND The City Public Works Department has prepared a draft CIP for Streets and Roads for City Council consideration. The program projects expenditures and funding for a seven (7) year period, beginning with 2004 -2005 fiscal year and ending with the 2010 -2011 fiscal year. If approved, this would be the City's first CIP formally adopted CIP. Section 65401 of the Government Code of the State of California requires the Planning Commission to review the City's Capital Improvement Program each year, for the purpose of reporting to the City Council on the conformity of said document with the City's General Plan. DISCUSSION The draft CIP for Streets and Roads (attached under separate cover) sets out a seven (7) year plan for the construction of infrastructure improvements throughout the City. The February 16, 2005 staff report to the City Council has also been attached to provide background information useful in understanding the purpose and function of the Program. Public Works, Engineering and Community Development staff have reviewed the draft CIP and have confirmed the following: 1) All of the future streets and other public works projects listed in the Circulation Element and other elements of the Moorpark General Plan have been included in the CIP; 2) There are no projects listed in the CIP which are in conflict with the Moorpark General Plan. C: \Documents and Settings \KGilbert \Local Settings \Temporary Internet Files \OLK6 \050222 PC Re 7 Yr CIP.doc 006-637 Honorable Planning Commission February 22, 2005 Page 2 The CIP, as a planning and programming tool, is useful for projecting future improvements in traffic studies, coordinating planning efforts of other agencies, and setting forth an implementation program for the improvements identified in the Circulation Element. However, the CIP does not commit the City to the specific improvements. As the details for the individual projects identified in the CIP are developed, the projects will be further reviewed for General Plan consistency. Project -level environmental review will be conducted prior to any commitment by the City to any of the individual projects. STAFF RECOMMENDATION Find the subject draft Seven Year Capital Improvement Program for Streets and Roads in conformity with the Moorpark General Plan. ATTACHMENTS: 1. Draft CIP (under separate cover) 2. February 16, 2005 City Council Agenda Report 000038 Exhibit 1: Seven -Year Capital Improvement Program FY 04/05 through FY 10/11 This program has been distributed under separate cover. Cip2004_5_PC_0502 000039 Draft Seven Year Capital Improvement Program (under separate cover) PC ATTACHMENT 1 000040 Moorpark City Council Agenda Report TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: February 8, 2005 (Council Meeting 2- 16 -05) SUBJECT: Draft Seven Year Capital Improvement Program [CIP] for Streets and Roads OVERVIEW This presents the Seven Year Capital Improvement Program [CIP] for the City's approximately ninety -seven (97) centerline miles of streets and roads. This draft document sets forth a list of planned municipal improvements for City streets and related improvements. Proposed improvements for parks, buildings and facilities are not included. It is anticipated that a separate Capital Improvement Program will be developed for that category of projects at some point in the future. Also not included here are costs for general public works maintenance programs (i.e. street marking, striping, regulatory signs, tree trimming, etc.). These kinds of Public Works Operations and Maintenance expenses are set forth in the annual Departmental Operating Budget. [Note: This report includes an analysis of past and projected future maintenance costs as part of the analysis of potential funding sources for the CIP.] The purpose and focus of the CIP is to provide the City Council with a tool for planning, programming and funding major public works capital improvements over the next several years. DISCUSSION A. Seven Year Proaram The attached CIP provides for the planning and programming of projects over a seven year period. In this way the CIP has been made compatible with the Ventura County Transportation Commission's (VCTC) Congestion Management Program (CMP), which requires a seven -year projection of CMP related projects (details regarding the CC;!P are set forth herein). c��zoo�_�_ PC ATTACHMENT 2 000041 Capital Improvement Program: Draft Report February 16, 2005 Page 2 B. Priorities and Plannin The funding year shown for each project listed in the CIP is an indication of its relative priority, as initially recommended by staff. One of the tasks before the City Council in reviewing and adopting this document, is to look at the relative placement of each project in the seven year cycle, and to confirm or revise the priorities as presented. In doing so, it is suggested that the City Council keep in mind the amount of time required to develop a project to a "buildable" status (i.e. design, right -of -way acquisition, etc.), as well as the availability of funding. C. GASB -34 The City recently developed and implemented an Infrastructure Valuation Program consistent with the requirements of the Government Accounting Standards Board Statement No. 34 [GASB - 34]. The initial report developed for that program inventoried, quantified, categorized and valued (replacement cost estimate) all of the City's capital assets. The October 2003 GASB -34 report valued the total City's infrastructure assets at over $222 million, with "street- related" improvements valued at over $67 million. This Inventory Valuation Program found that the annual depreciation rate for the City's existing "street- related" infrastructure is over $1 million. Implied in that finding is a need to spend $1 million per year on the City's existing street systems, just to keep them "maintained" at their current condition or value. It should be noted that only Projects 102 (Asphalt Overlay) and 201 (Sidewalk / Curb / Gutter Repair) are projects which provide for the improvement and /or restoration of existing street infrastructure. All of the other projects set forth in the CIP provide for the construction of "new" infrastructure improvements. It should also be noted that the average annual amount of expenses for Projects 102 and 201 is less than one -half that amount. As discussed herein, in the future it will become necessary to increase the level of funding for infrastructure replacement projects and to ultimately find additional funding sources to keep pace with rising street maintenance costs. It should also be noted that the planned construction of new land development projects will add to the City's inventory of "street- related" infrastructure improvements. The GPSB -34 report shows that currently there are approximately ninety - seven (97) centerline miles of streets in the City. Planned projects, like Toll Bothers, Pardee, Lyon, Hitch Ranch, Shea, Centex, Pacific Communities and others, are expected to add ten to fifteen percent (10's -15°) to that inventory. ip2004 5_0502 006042 Capital Improvement Program: Draft Report February 16, 2005 Page 3 D. Fiscal Year 04/05 The first year of the subject CIP is Fiscal Year 04/05. The funding amounts and sources cited in the CIP for FY 04/05 are consistent with the adopted FY 04/05 Budget. E. Annual Review It is the intent of staff to present the CIP to the City Council for review each Spring. Direction from the City Council will be used to add new projects, amend the scope of existing projects and adjust priorities. Those changes will be incorporated into a new draft document to hopefully be approved in June of each year along with the Budget. F. December 2004 Draft / January 2005 Draft Staff previously prepared a December 2004 draft [white cover] of the program. That draft was distributed to certain key staff and to the Transportation and Streets Committee [Councilmembers Harper and Millhouse] for review and comment. Subsequent to receiving comments from staff and the Committee, a new January 2005 draft [blue cover] of the program was prepared. A copy of this final draft document has been distributed to the City Council under separate cover. Several changes were made to the December 2004 [White] draft to produce the January 2005 [Blue] draft. Those changes are summarized in Exhibit 4 attached hereto. G. Transportation and Streets Committee Prior to bringing the program to the City Council each Spring, the draft program will be submitted to the Transportation and Streets Committee for review and comment. As stated above, the December 2004 [White] draft was reviewed by the Transportation and Streets Committee [Councilmembers Harper and Millhouse], and their input has been incorporated into the final January 2005 [Blue] draft. Cip2004 5 0502 00004.3 Capital Improvement Program: Draft Report February 16, 2005 Page 4 H. Planning Commission Review Section 65401 of the Government Code of the State of California requires the Planning Commission to review the City's Capital Improvement Program each year, for the purpose of reporting to the City Council on the conformity of said document with the City's General Plan. It is the intent of staff to take the subject draft CIP, as amended or revised by the City Council, to the Planning Commission for such action, on February 22, 2005. I. Moorpark Redevelopment Agency Projects identified in the - CIP include projects proposed to be funded by the Moorpark Redevelopment Agency (MRA). Approval of those projects and necessary funding appropriations will be submitted to the MRA as needed. J. Program Content In addition to known projects planned to be constructed by either the City, the MRA or private developers, a number of projects have been included in the CIP in order to fully address the needs described in certain infrastructure planning documents, noted as follows: 1. Circulation Element: All of the "future" arterial and collector streets identified in the Circulation Element of the Moorpark General Plan, have been included in the program; 2. Master Drainage Study: All of the "future" drains identified in the 1995 Master drainage Study, have also been included in the program. K. Program Format The projects listed in the CIP are organized into four categories listed as follows: • Street (including underground utility projects); • Trails and Walkways; • Traffic Signals; • Medians and Parkways; and • Storm Drains. In the Introduction there is a total program cost summary broken down into these five (5) categories of projects. Cip2004 5 0502 0�r�[10 4 Capital Improvement Program: Draft Report February 16, 2005 Page 5 L. Proqram Cost Estimate Section A of the CIP provides a general introduction to the program and includes a listing of the total program cost estimate (exceeding $65 million), summarized as follows: Estimated Section Program Cost ($) 100 Streets 42,970,101 200 Trails / Walkways 2,953,755 300 Traffic Signals 1,086,346 400 Medians & Parkways 2,887,958 500 Storm Drains 16,000,000 Total 65, 898,160 M. Project Descriptions Section B of the CIP sets forth a "Project Description" page for each project. The information provided on each Project Description page includes estimated project costs, recommended funding year and recommended funding sources. It should be noted that there has been no detailed preliminary engineering performed for most of the projects listed. The cost estimates are, therefore, very preliminary in nature and will be subject to change as the full scope and requirements of each project are developed. N. Proqram Expenditure Summar Section. C of the CIP sets forth a table listing all projects in the CIP along with total estimated project costs for each fiscal year of the program. 0. Gas Tax Fund Analvsis 1. Gas Tax Utilization History & Projection: Attached as Exhibit 2 is a table describing Gas Tax Fund activity in recent years. This table shows past Gas Tax expenditures for both Operations and Maintenance (O&M) expenses and for capital improvement projects. Also shown in this table is a projection of such expenditures over the next seven (7) years. 2. Increase in O &M Expenditure Allocation: A review of that chart (Exhibit 2) shows that prior to FY 00 /01, O&M expenditures were less than annual revenues. In FY 01102 and subsequent years, 0 &M expenditures charged to the Gas Tax Fund have exceeded annual revenues. This expense level has slowly "drawn down" the fund balance for the Gas Tax Fund. C;r260�1 5 G5Q2 - - 000045 Capital Improvement Program: Draft Report February 16, 2005 Page 6 3. Assessment District Revenue Shortfall: One recent additional source of Gas Tax expenditures is the annual fund transfer from the Gas Tax Fund to the Citywide Lighting and Landscaping Assessment District, to fund a reoccurring shortfall in revenues for street lighting cost. In future years it is anticipated that, not only will the street lighting deficit grow, but there will also develop a shortfall in assessment district funds "earmarked" for Citywide landscape maintenance costs. 4. Fund Balance Projection: The chart (Exhibit 2) also shows the projected Gas Tax Fund Year -End Balance over the next seven (7) years. Assuming revenues and O &M expenditures comparable to that of recent years (0 &M expenses at over 130% of revenues) the year -end fund balance will continue to be "draw down ". This Fund activity projection shows a Fund deficit by FY 07/08. At some point in the future, action will become necessary to fund a portion of Street 0 &M costs from sources other than the Gas Tax Fund. It should be noted that State law prohibits Gas Tax expenditures in excess of funds available. 5. Projects: As currently drafted, the CIP calls for a very limited amount of Gas Tax funding for capital projects. Project funded, totally or in part, by the Gas Tax Fund are listed as follows: FY 04/05 Future Project Total ($) Years ($) Total ($) 203 - Sidewalks 30,000 180,000 210,000 401 - Tierra Rejada Rd Pkwy Trees 32,000 0 32,000 405 - Spring Rd Pkwy Trees 41,514 0 41,514 103,514 180,000 283,514 P. Transportation Development Act FTDAI Utilization 1. Fund Description: Funds received under Article 8 of the Transportation Development Act [TDA], may be used for both transit and street repair/ improvements. The Act requires that monies be first allocated to meet transit needs. Any remaining funds may then be used for street maintenance and improvement. 2. Transit: TDA funds directed to transit programs are referred to as TDA Article 8C monies. Within the City's Budget these monies are placed in Fund 5000, the City's Transit Fund. C_p2004 5 0502 0 0 0 0 4 G Capital Improvement Program: Draft Report February 16, 2005 Page 7 3. Street Maintenance and Improvement: TDA funds directed to fund street repair and improvements are referred to as TDA Article 8A monies. These monies appear in the City's Budget in Fund 2603 - Local Transportation Fund [LTFJ. 4. TDA Allocation and Utilization: Attached as Exhibit 3 is a table showing the allocation of TDA funds between transit and streets over the past several years. Also shown in that chart is Fund 2603 (LTF) activity (street projects) over the same period. That chart also includes a projection of those allocations and expenditures over the next seven (7) years. 5. Transit Allocation: The TDA chart (Exhibit 3) shows that the amount of TDA revenues allocated to Transit programs has increased in recent years. The remaining amount allocated to streets has, therefore, dropped from about 80% of total TDA revenues down to about 50% of total TDA revenues. As discussed below, any further reduction in revenues to the LTF Fund will adversely affect the City's ability to provide for the adequate long -term maintenance of City streets. 6. Projects: As re- capped in the TDA Chart (Exhibit 3) the CIP calls for approximately $6 million in LTF funding to be expended on street improvement projects during the next seven (7) years. As the chart shows, this level of funding will cause the LTF Fund Reserve to show a deficit by FY 09/10. Eventually, funding for street maintenance and repair projects will have to be augmented by funds from other sources if the City is to avoid adopting a common practice of `deferred maintenance" - a practice which invariably leads to a gradual deterioration of a City's streets infrastructure. 7. O &M Costs: As previously discussed, it appears that it will become necessary to augment Gas Tax funding of Streets O &M expenses. Given the above discussion, the LTF Fund may not be the long -term solution to that problem. Q. Preservation of Pavement Condition Moorpark is a relatively new and growing city. As such, most of its streets are fairly new. Accordingly, pavement rehabilitation needs have been less than that seen in "older" cities of similar size. This will not always be the case. As streets age the number, volume and costs of projects required to maintain paved surfaces in a "good" condition will increase significantly. Cip2004 5 0 -1 02 00604 Capital Improvement Program: Draft Report February 16, 2005 Page 8 As discussed above it appears that the long -term projection for total revenues to the Gas Tax Fund and Local Transportation Fund will not be sufficient to fund the City's future pavement maintenance needs. When the time comes that those revenues fail to fully fund a needed pavement rehabilitation project, the City will be faced with a choice that comes to every city: 1) partial funding from the General Fund; or 2) deferred maintenance. The second choice, "deferred maintenance ", will result in both poor pavement conditions and much higher ultimate costs which will come from the need to undertake street reconstruction projects instead of pavement resurfacing projects. The City should consider options for the development of a long -term solution to this projected future funding shortfall. R. Congestion Management Program [CMP] The Ventura County Transportation Commission (VCTC) has developed, and now manages, a Congestion Management Program (CMP) as required by State law. One of the requirements of the CMP is the identification of all capital improvement projects which might enhance the traffic capacity, proposed to be constructed on any street on the CMP Roadway Network over the next seven years. A map of the CMP network and a chart listing the projects on that network, are set forth in Section D of the CIP. S. Past Protects In order to document past projects, Appendix `I' of the CIP lists all known major capital improvement projects (for Streets and Roads) constructed since the City's incorporation in 1983. T. Funding Sources: Definitions Attached as Appendix `II' is a listing of the major funding sources for the program, along with a description for each. U. Schedule It is the intent of staff to submit the draft document to the Planning Commission for the purpose of making a finding regarding conformance with the Circulation Element of the Moorpark General Plan. Subsequent to that action, the final draft CIP will be brought back to the City Council for final comment, approval and adoption. it is the goal of staff to have this document ready for adoption in March of 2005. C'4 p20 0 4_5_0102 006048 Capital Improvement Program: Draft Report February 16, 2005 Page 9 V. Conclusion The subject CIP is designed to serve many purposes. • It is a budget planning document. • It is a funding source reference. • It is a plan for the future improvement of the City. • It is a list of infrastructure needs. • It sets forth the scope and estimated cost of specific projects. • It is a tool for prioritizing and scheduling capital improvement projects. • It provides a list of projects already completed. • It documents compliance with requirements of the Congestion Management Program. • But most of all, it is a "hands -on" working reference document to identify, define and describe future planned capital improvement projects. This first edition of the CIP is also intended to provide "baseline" information to the City Council to enable them to direct changes which more clearly state the infrastructure needs, goals and priorities of the community. W. Revisions Subsequent to review and discussion, staff invites the City Council to make any amendments or changes to the draft document deemed necessary. Any such changes made by the City Council will be set forth in a Supplementary Memo. That Memo will accompany the January 2005 [Blue] draft document when it is submitted to the Planning Commission for review later this month, as discussed in Section H of this report. X. Other Aqency Review Input from other agencies, regarding the content of the subject CIP, has not been solicited. It is the intent of staff to distribute the approved FY 04/05 - FY 10/11 to selected agencies for comment, as part of the process required to develop next year's program. Cip2009 5 0502 000049 Capital Improvement Program: Draft Report February 16, 2005 Page 10 STAFF RECOMMENDATION 1. Consider possible changes to the draft document as deemed necessary and appropriate. 2. Direct staff to forward the draft document, as amended, to the Planning Commission for review and comment, as required by Section 65401 of the Government Code. 3. Direct staff to bring the draft document back to the City Council for final approval. Attachments: Exhibit 1: Capital Improvement Program Exhibit 2: Gas Tax Fund Analysis Exhibit 3: TDA Fund Analysis Exhibit 4: Changes to the December [White] draft Cip2C04 5 0502 006050 Exhibit 1: Seven -Year Capital Improvement Program FY 04/05 through FY 10/11 This program has been distributed under separate cover. CiD20C14 5 , rj2 - - 000051 Exhibit 2: Gas Fiscal Year Tax Fund Activity Beginning Balance Analysis Plus Revenue Available Funds •' Percent of Revenues Less Expenses file:' CIP2004_x2 28- Dec -04 _gastax Year End Balance O &M '• Capital Proj Transfers Total ( (In) / Out j History FY 89 / 90 1,362,902 500,079 1.862,981 576 0 576 1,862,405 FY 90 / 91 1,862,405 585,116 2,447,521 0 0 0 2,447,521 FY 91 / 92 2,447,521 637,807 3,085,328 377,569 59% 227,026 604,595 2,480,733 FY 92/93 2,480,733 748,195 3,228,928 502,878 67% 642,462 8,456 1,153,796 2,075,132 FY 93 / 94 2,075,132 659,744 2,734,876 586,497 89% 180,579 18,042 785,118 1,949,758 FY 94 /95 1,949,758 689,077 2,638,835 566,611 82% 536,025 (4,039) 1,098,597 1,540,238 FY 95/96 1,540,238 595,059 2,135,297 568,094 95% 58,962 (1,350) 625,706 1,509,591 FY 96 /97 1,509,591 606,234 2,115,825 532,118 88% 322,825 (163,938) 691,005 1,424,820 FY 97/98 1,424,820 615,979 2,040,799 476,980 77% 0 62,651 539,631 1,501,168 FY 98 /99 1,501,168 647,541 2,148,709 317,428 49% 0 0 317,428 1,831,281 FY 99 /00 1,831,281 658,026 2,489,307 572,512 87% 107,377 0 679,889 1,809,418 FY 00 /01 1,809,418 825,032 2,634,450 817,951 99% 17,934 41,033 835,885 1,798.565 FY 01 /02 1,798,565 615,016 2,413,581 829,162 135% 285,091 0 1,114,253 1,299,328 FY 02/03 1,299,328 653,374 1,952,702 736,019 113% 36,518 0 772,537 1,180,165 FY 03 iO4 1,180,165 742,682 1,922,847 907,661 122% 42,425 0 950,086 972,761 Projection FY 04 105 • 972,761 620,000 1,592,761 850,000 137% 55,000 0 905,000 687,761 FY 05 /06 * 687,761 632,400 1,320,161 850,000 1341/6 30,000 0 880,000 440,161 FY 06 /07 • 440,161 645,048 1,085,209 850,000 132% 30,000 0 880,000 205,209 FY 07/08' 205,209 657,949 863,158 850,000 129% 30,000 0 880,000 (16,842) FY 08/09' (16,842) 671,108 654,266 850,000 127% 30,000 0 880,000 (225,734) FY 09 / 10' (225,734) 684,530 458,796 850,000 124'./. 30,000 0 880,000 (421,204) FY 10 /11 • (421,204) 698,221 277,017 850,000 122% 30,000 0 880,000 (602,983) FY 04111 4,609,256 6,251,368 5.950,000 235,000 0 6,185,000 Total ' Estimate Revenue projection 21/6 increase per year 0000S Exhibit 3 Fiscal Year History FY 89 / 90 FY 90/91 FY 91 / 92 FY 92 / 93 FY 93/94 FY 94 / 95 FY 95/96 FY 96 / 97 FY 97 / 98 FY 98 / 99 FY 99 / 00 FY 00 /01 FY 01/02 FY 02 / 03 FY 03 /04 Projection FY 04 /05' FY 05/06* FY 06/07* FY 07 / 08 * FY 08/09* FY 09/10* FY 10 /II* FY 04/11 Total * Estimate TDA Article 8 A & Article 8 C Activity History and Projection TDA Revenue Allocation Total To Transit To Streets TDA Atcl 8 Article 8C Article 8A Ij Revenue Fund 5000 Fund 2603 500,000 671,583 500,000 808,361 650,000 451,328 522,365 664,569 640,026 660,023 751,625 743,166 1,138,956 888,468 1,044,616 1,095,693 1,000,000 1,020,000 1,040,400 1,061,208 1.082,432 1.104,081 7,403,814 120,000 85,058 100,000 305,500 172,033 192,470 106,973 1 17,475 140,994 155,544 88,698 242,931 386,659 385,412 421,608 380,000 76% 586,525 87% 400,000 80% 502,861 62% 477,967 74% 258,858 57% 415,392 80% 547,094 82% 499,032 78% 504,479 76% 662,927 88% 500,235 67% 752,297 66% 503,056 57% 623,008 60% 520,000 575,693 53% 500,000 500,000 50% 510,000 510,000 50% 520,200 520,200 50% 530,604 530,604 50% 541,216 541.216 SC% 552,040 552,040 50% 3,674,060 3,729,753 50% Revenue/ Expense projection 2% increa 12/28/04 Me:: CIP2004_x2_gasta., Fund 2603 Activitv 424,073 189,962 327,586 Plus Less Less Beginning Total O &M Capital Project Balance Revenue Expenditures Expenditures 240,723 424,073 189,962 327,586 147,248 614,738 261,629 218,552 281,805 441,892 0 0 723,697 547,200 64 1,063,692 207,141 1,552,841 640 895,230 864,112 313,885 3,712 0 1,174,285 623,259 63 724,350 1,073,131 619,923 0 224,491 1,468,563 609,330 0 i 86,778 1,991,115 599,215 0 427,119 2,163,211 785,936 0 640,175 2,308,972 641,474 0 1,060,247 1,890,199 833,851 0 50,455 2,673,595 564,134 0 469,671 2,768,058 649,496 61,142 1,303,036 2,053,376 1,186,704 643,092 608,208 82,226 65,324 (442,316) ee per year 595,693 62,365 520,000 63,612 530,000 64,884 540,200 66,182 550,604 67,506 561,216 68,856 572,040 70,233 3,869,753 463,638 Allocation plus interest income 1,400,000 1,000,000 500,000 1.000,000 500,000 I ,000,000 500,G00 5.900,000 Ending Balance 147,248 281,805 723,697 207,141 864,112 1,174,285 1,073,131 1,468,563 1,991,115 2,163,211 2,308,972 1,890,199 2,673,595 2,768,058 2.053,376 1,186,704 643,092 608,208 82,226 65.324 (442,316) (440,508) 000053 Exhibit 4: Seven -Year Capital Improvement Program FY 04/05 through FY 10/11 Changes to the December 2004 draft [White cover] Page Change