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HomeMy WebLinkAboutRES 2002 431 1014RESOLUTION NO. PC- 2002 -431 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2002 -04, ZONE CHANGE NO. 2002 -04, MAJOR MODIFICATION NO. 1 TO TENTATIVE TRACT MAP NO. 5307, AND MINOR MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01 FOR AN APPROXIMATELY 0.33 ACRES SITE LOCATED ON THE NORTHWEST CORNER OF LOS ANGELES AVENUE AND MILLARD AVENUE, ON THE APPLICATION OF COLMER DEVELOPMENT COMPANY AND THE CITY OF MOORPARK (ASSESSOR PARCEL NOS. 512 -0- 122 -040 & -060) WHEREAS, at a duly noticed Public Hearing on October 14, 2002, the Planning Commission considered General Plan Amendment No. 2002 -04, Zone Change 2002 -04, Major Modification No. 1 to Tentative Tract Map No. 5307 and Minor Modification No. 1 to Residential Planned Development Permit No. 2001 -01 on the application of Colmer Development Company and the City of Moorpark for an approximately 0.33 acre site located on the northwest corner of Los Angeles Avenue and Millard Street (Assessor Parcel No. 512 -0- 122 -040 & -060); and WHEREAS, the proposed project is more specifically described as follows: General Plan Amendment No. 2002 -04: A request for a change in the Land Use Designation of the Land Use Element of the General Plan from M (Medium Density) to VHD (Very High Density); Zone Change No. 2001 -01: A request for a change in the Zoning from R -1 (Single Family Residential) to RPD -9.1U (Residential Planned Development -9.1 dwelling units /acre); Major Modification No. 1 to Tentative Tract Map No 5307 and Minor Modification No. 1 to Residential Planned Development Permit No. 2001 -01: A request for inclusion of 0.33 acres of land to be subdivided into 3 lots within the subdivision and the construction of 3 additional affordable single family units; RESOLUTION NO. PC- 2002 -431 Page 2 WHEREAS, at its meeting of October 14, 2002, the Planning Commission considered the staff report, conducted a public hearing and received public testimony, and after receiving public testimony, the Planning Commission closed the public hearing, and reached a decision. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN CONSISTENCY: The Planning Commission does hereby find that General Plan Amendment No. 2002 -04, Zone Change 2002 -04, Major Modification No. 1 to Tentative Tract Map No. 5307 and Minor Modification No. 1 to Residential Planned Development Permit No. 2001 -01 are consistent with the City's General Plan, subject to amendment of the land use designation as proposed. SECTION 2. ENVIRONMENTAL DOCUMENTATION: The Planning Commission further finds that General Plan Amendment No. 2002- 04, Zone Change 2002 -04, Major Modification No. 1 to Tentative Tract Map No. 5307 and Minor Modification No. 1 to Residential Planned Development Permit No. 2001 -01 are consistent with the Mitigated Negative Declaration prepared for the project. 1. That the Mitigated Negative Declaration prepared for General Plan Amendment No. 2002 -04, Zone Change 2002 -04, Major Modification No. 1 to Tentative Tract Map No. 5307 and Minor Modification No. 1 to Residential Planned Development Permit No. 2001 -01 serves as the environmental document for the General Plan Amendment, Zone Change, Tentative Tract Map modification, and Residential Planned Development Permit modification. 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the Mitigated Negative Declaration have been incorporated and shall apply to General Plan Amendment No. 2002 -04, Zone Change 2002 -04, Major Modification No. 1 to Tentative Tract Map No. 5307 and Minor Modification No. 1 to Residential Planned Development Permit No. 2001 -01. RESOLUTION NO. PC- 2002 -431 Page 3 3. A Mitigation Reporting and Monitoring Program prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects applies to General Plan Amendment No. 2002 -04, Zone Change 2002 -04, Major Modification No. 1 to Tentative Tract Map No. 5307 and Minor Modification No. 1 to Residential Planned Development Permit No. 2001 -01. SECTION 3. SUBDIVISION FINDINGS: The Planning Commission hereby finds as follows: Modification to Tentative Tract Map No. 5307, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the City of Moorpark General Plan and Zoning Ordinance. 2. That the design and improvements of the proposed subdivision is consistent with the City of Moorpark General Plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. 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. 8. 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. RESOLUTION NO. PC- 2002 -431 Page 4 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 4. RESIDENTIAL PLANNED DEVELOPMENT PERMIT FINDINGS: The Planning Commission hereby finds as follows: 1. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 2. The proposed project is compatible with the character of surrounding development. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located. 6. The proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character. SECTION 5. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of General Plan Amendment No. 2002 -04, Zone Change 2002 -04, Major Modification No. 1 to Tentative Tract Map No. 5307 and Minor Modification No. 1 to Residential Planned Development Permit No. 2001 -01 subject to the Conditions of Approval (Exhibit A). SECTION 6. 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. RESOLUTION NO. PC- 2002 -431 Page 5 The action of the foregoing direction was approved by the following vote: AYES: Vice Chair Landis, Commissioners DiCecco, Haller and Parvin. NOES: ABSTAIN: ABSENT: Chair Otto PASSED AND ADOPTED THIS 14TH DAY OF OCTOBER 2002. Kipp L ndis, Vic Chair ATTEST: Aa ry Hoevnlopment C mm ty Director EXHIBITS: A. Conditions of Approval for Major Modification No. 1 to Tentative Tract Map No. 5307 and Minor Modification No. 1 to Residential Planned Development Permit No. 2001 -01 B. Mitigation Monitoring Program C. General Plan Amendment Map D. Zone Change Map RESOLUTION NO. PC- 2002 -431 Page 6 EXRTATT A CONDITIONS OF APPROVAL MAJOR MODIFICATION NO. 1 TO TENTATIVE TRACT MAP NO. 5307 AND MINOR MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01 A. GENERAL CONDITIONS OF APPROVAL: 1. All conditions of approval of Tentative Tract Map No. 5307 and Residential Planned Development Permit No. 2001 -01 shall continue to apply, and unless specifically directed to particular lots, shall apply to the additional 0.33 acres of land, except as amended herein. 2. Conditions of Residential Planned Development No. 2001 -01 and Tentative Tract 5307 which apply to all lots adjacent to Los Angeles Avenue shall apply to Lots 23, 24 and 25 as well, unless the Director of Community Development determines otherwise. 3. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this Map. A notation, which references conditions of approval, shall be included on the Final Map in a format acceptable to the Community Development Director and the City Engineer. 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. The approved Mitigation Monitoring and Reporting Program is included as an attachment to the approving resolution, and all mitigation measures are requirements of the Tentative Tract Map and Residential Planned Development Permit, as applicable. 5. All mitigation measures contained within the approved Mitigation Monitoring Report and Program (MMRP) are hereby adopted as requirements of the Tentative Map, as applicable. Where conflict or duplication between the MMRP and the conditions of approval occurs and applicability for compliance is questioned by the Developer, the Community Development Director shall determine the applicable condition compliance requirements for each phase of development. RESOLUTION NO. PC- 2002 -431 Page 7 6. This approval permits the addition of 0.33 acres of land to Tentative Tract Map No. 5307, for the purpose of creating an additional three (3) lots within the tract. These additional lots will be used for the construction of affordable housing units. Income levels for prospective buyers of these units shall be determined by the City of Moorpark. 7. Lots 23, 24, and 25 shall be developed with Plan 3, approved as part of Residential Planned Development No. 2001 -01. The exterior building treatment for each unit shall be sufficiently different, as determined by the Community Development Director, so as to be distinct from one another. 8. The perimeter wall of Tract 5307 shall be extended to encompass the additional acreage. The extended wall shall be constructed of the same materials with the same treatments as the rest of the tract. The wall height shall be the same as the rest of the tract, except as noted herein. 9. Wall pockets along Los Angeles Avenue shall be deleted. An appropriate planting palette, subject to the approval of the Community Development Director, shall be utilized to soften the appearance of the sound wall. Plant material used shall have low water demands and low maintenance needs. 10. Access to lots 23, 24, and 25 shall be through a 20 -foot wide common driveway. Entrance to the driveway from "A" street shall be via a raised curb with driveway apron. This driveway shall extend only far enough to provide access to lot 25, but shall not connect, or appear to connect, to Millard Street. Precise design shall be to the satisfaction of the Community Development Director and the City Engineer. 11. A "hammerhead" turn- around area shall be located at the easterly end of "A" street. This shall meet the standards of the Fire Department, and shall be striped and signed, to the satisfaction of the Fire Department and the City Engineer, as a "No Parking" area. 12. The existing storm drain easement at the west side of Lot 23 shall be covered and graded to the level of the pad on Lot 23. This area shall be restricted to disallow construction or permanent improvements within it to ensure accessibility to the culvert for maintenance purposes. RESOLUTION NO. PC- 2002 -431 Page 8 13. The sidewalk along Los Angeles Avenue shall meander, and may be reduced to a minimum width of 5 feet, with the approval of the Director of Community Development and the City Engineer, providing areas suitable for the planting of trees and shrubs along the right of way. The location of the sidewalk shall be approved by the Community Development Director and the City Engineer. 14. Berms and /or low retaining walls shall be utilized intermittently within the landscape planter areas along Los Angeles Avenue to add visual interest and soften the appearance of the sound walls, subject to the approval of the Community Development Director and the City Engineer. 15. The sound wall along Los Angeles Avenue shall be constructed of decorative block, with variation in color, texture and mass to create visual interest and soften the appearance. "Pilaster" elements incorporating different colors and textures shall be incorporated into the wall at least every 25 feet to break up the wall mass. Wall plans are subject to the approval of the Community Development Director 16. Prior to the issuance of building permits, a landscape plan shall be prepared on the approved grading plan and submitted to the City for review, and approved by the Community Development Director. 17. Prior to the issuance of final occupancy for the first unit, the approved landscape plan shall be implemented, and be found to be in substantial compliance with the plan approved by the Community Development Director. B. MITIGATION MEASURE CONDITIONS: 1. Prior to or concurrently with the submittal of building plans, the Applicant shall provide an acoustical study report to the Community Development Director that outlines the proposed program for compliance with the Noise Element Standards of 65 CNEL (Community Noise Equivalent Level) for exterior locations within the development and 45 CNEL for interior locations within the dwelling. 2. Construct a sound wall along the southern property line of lots 1 through 11, and lots 23 through 25, along Los Angeles Avenue. The top of the sound wall must be 9.5 feet above the centerline surface of Los Angeles Avenue for lots 1 and 2, 10.5 feet above the centerline for lots 3 though RESOLUTION NO. PC- 2002 -431 Page 9 9, 11.5 feet above the centerline for lots 10 and 11, and 12.5 above the centerline for lots 23 through 25. Construct a 5 to 6 foot wide planter between the wall and Los Angeles Avenue. This planter shall be planted in accordance with Condition No. 15, above. 3. The sound wall shall extend at least 20 feet to the north on the west side of lot 1, and at least 20 feet to the north on the east side of lot 25. These extensions shall then transition gradually down in height to a standard 6 feet. 4. To reduce the interior noise levels, a minimum window glass thickness of 3/16 -inch and a standard exterior wall of 5/8- inch gypsum board, 3.5 -inch fiberglass filled cavity, 7/8- inch lath and stucco, typical for single family residential developments shall be installed. 5. All second story windows along Los Angeles Avenue shall be Milgard type 5120 double glazed window assemblies or an equivalent with a minimum STC 33 rating. 6. All rear and side entry doors of the homes on Lots 1 through 11, and lots 22 through 25, shall be gasketed (jamb, head, sill) with interlocking or tube -type compression weather - stripping, or an effective equivalent. 7. All exterior vents on the homes on Lots 1 through 11, and lots 22 through 25, shall be directed away from Los Angeles Avenue in order to reduce noise transmissions into the house through vents and ducts. 8. The applicant shall prepare an addendum to the previously prepared hydrology study, if deemed necessary by the City Engineer, to determine the appropriate size of the culvert. The culvert shall be constructed to the satisfaction of the City Engineer. RESOLUTION NO. PC- 2002 -431 Page 10 EXHIBIT B MITIGATION MONITORING PROGRAM MONITORING AND REPORTING REQUIREMENT FOR MITIGATION MEASURES: 1. Prior to the issuance of a grading permit, the City Engineer shall provide verification to the Community Development Director, that the proposed culvert to be placed in the storm drain easement along the west side of Lot 22 is properly sized to handle the expected flow. 2. Prior to the release of grading or improvement bonds the City Engineer shall verify that the construction of this culvert is satisfactory. 3. Prior to issuance of a building permit, the Building Official shall provide verification to the Community Development Director that the building permit plans comply with all noise mitigation measures imposed as conditions of approval. 4. Prior to occupancy of each unit, the Building Official shall ensure, by physical inspection, the compliance with these plans. F L G R Y A V E Exhibit C General Plan Amendment Map S ANGELES AVER U E O M I L L A R D S T R E E T Note: drawing not to scale Exhibit D Zone Change Map m F L L L A R R Y "A" STREET D A S► v T E Zone Change: R R -1 to RPD -9.1 U E E T r LOS ANGELES AMEN U E Note: drawing not to scale MOORPARK 1 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN: The City of Moorpark, after having conducted an Initial Study, has prepared a Mitigated Negative Declaration for the following project: Major Modification No.1 - T 5307, Minor Modification No. 1 — RPD 99 -1, General Plan Amendment 2002 -04, Zone Change 2002 -04 Amend General Plan Designation from M (Medium Density Residential) to VH (Very High Density Residential); Amend zoning designation from R -1 (Single Family Residential) to RPD -9.1U (Residential Planned Development — 9.1 units per acre); Modify Tract 5307 and RPD 99 -01 to include an additional 0.33 acres for 3 additional affordable units. The project is located at: North east corner of Los Angeles Avenue and Millard Avenue, Moorpark, Ventura County The project site is not contained on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to lists of hazardous waste facilities, land designated as hazardous waste property, and hazardous waste disposal sites. The proposed Mitigated Negative Declaration and Initial Study are forwarded to you for possible comments relating to your area of interest. All documents referenced therein are available for review during normal business hours in the Community Development office, City Hall, 799 Moorpark Avenue, Moorpark, California, 93021. Information on public hearings or meetings for the proposed project can be obtained from the Community Development Department at (805) 517 -6200. Written comments should be directed to: Scott Wolfe, Principal Planner Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 (805) 517 -62 36 swolfe@ci.moorpark.ca.us Written comments will be accepted in the Community Development Department office for a period of twenty (20) days after publication of this notice. Public Notice Published: September 30, 2002 Mitigated Negative Declaration Comment Period: September 30, 2002 to October 21, 2002 Barry K. Hogan Community Development Director Distribution: PC ATTACHMENT 3 0 PATRICK HUNTER ROSEANN MIKOS CLINT HARPER KEITH F. MILLHOUSE JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember MITIGATED NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 The following Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: September 30 to October 21, 2002 Project Title /Case No.: Major Modification No.1 - T 5307, Minor Modification No. 1 — RPD 99 -1, General Plan Amendment 2002 -04, Zone Change 2002 -04 Project Location: North east corner of Los Angeles Avenue and Millard Avenue, Moorpark, Ventura County. (Location Map Attached) Project Description: Amend General Plan Designation from M (Medium Density Residential) to VH (Very High Density Residential); Amend zoning designation from R -1 (Single Family Residential) to RPD -9.1 U (Residential Planned Development — 9.1 units per acre); Modify Tract 5307 and RPD 99 -01 to include an additional 0.33 acres for 3 additional affordable units. Project Type: Project Applicant: X Private Project X Public Project Colmer Development Company, 5000 Parkway Calabasas, Suite 110, Calabasas, CA 91302 / City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021 Finding: After preparing an Initial Study for the above - referenced project, it is found that there is substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. However, this effect can be mitigated to a level of insignificance through the imposition of mitigation measures which have been incorporated into the project. (Initial Study Attached) Responsible Agencies: None Trustee Agencies: None Attachments: Location Map Initial Study Contact Person: Scott Wolfe, Principal Planner Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -62 36 SACommunity Development\T T M \5307\MND.doc CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Project Title: None Case No.: Major Modification No. 1 - TTM 5307, Minor Modification No. 1 - RPD 99 -1, General Plan Amendment 2002 -04, Zone Change 2002 -04 Contact Person and Phone No.: Scott Wolfe, Principal Planner (805) 517 -6236 Name of Applicant: Colmer Development Company City of Moorpark Address and Phone No.: 5000 Parkway Calabasas 799 Moorpark Avenue Calabasas, CA 91302 Moorpark, CA 93021 (818) 222 -5666 (818) 517 -6200 Project Location: Northwest Corner of Los Angeles Avenue and Millard Avenue General Plan Designation: M (Medium Density Residential) Zoning: R -1 (Single Family Residential) Project Description: Amend General Plan Designation from M (Medium Density Residential) to VH (Very High Density Residential); Amend zoning designation from R -1 (Single Family Residential) to RPD -9.1 U (Residential Planned Development — 9.1 units per acre); Modify Tract 5307 and RPD 99 -01 to include an additional 0.33 acres for 3 additional affordable units. Surrounding Land Uses and Setting: North: Existing Residential Neighborhood South: Los Angeles Avenue and Residential uses East: Existing Residential Neighborhood West: School Facilities — Tentative Tract 5307 Responsible and Trustee Agencies: None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Si nifrcant Impact" or Potentially Significant Unless Mitigated, "as indicated by the checklist on the following pages. X Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials Hydrology/Water Quality Land Use /Planning Mineral Resources X Noise Population /Housing Public Services Recreation Transportation/Traffic Utilities /Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. Mitigation measures described on the attached Exhibit 1 have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. Prepared by: ?P/ Reviewed by: Date: Date: INITIAL STUDY EXHIBIT 1: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM A sound wall shall be constructed along the southern property line of lots 1 through 11, and lots 23 thorugh 25, along Los Angeles Avenue. The top of the sound wall must be 9.5 feet above the centerline surface of Los Angeles Avenue for lots 1 and 2, 10.5 feet above the centerline for lots 3 though 9, 11.5 feet above the centerline for lots 10 and 11, and 12.5 above the centerline for lots 22 through 25. In order to screen the wall, a 5 to 6 foot wide planter shall be provided between the wall and Los Angeles Avenue. This planter will be planted with trees, shrubs, and vines to screen the wall. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 2. The sound wall shall extend at least 20 feet to the north on the west side of lot 1, and at least 20 feet on the east side of lot 11. These extensions will then transition gradually in height down to a standard 6 foot wall height. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 3. To reduce the interior noise levels, a minimum window glass thickness of 3116 inch and a standard exterior wall of 5/8 inch gypsum board, 3.5 inch fiberglass filled cavity, 7/8 inch lath and stucco, typical for single family residential developments shall be installed. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 4. All second story windows along Los Angeles Avenue shall be Milgard type 5120 double glazed window assemblies, or an equivalent with a minimum STC 33 rating. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 2 5. All rear and side entry doors of the homes on Lots 1 through 11, and lots 22 through 25, shall be gasketed (jamb, head, and sill) with interlocking or tube type compression weather stripping, or an effective equivalent. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 6. All exterior vents on the homes on Lots 1 through 11, and lots 22 through 25, shall be directed away from Los Angeles Avenue in order to reduce noise transmissions into the house through vents and ducts. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development A hydrology study shall be prepared, if determined necessary by the City Engineer, to determine the appropriate size of the culvert. The culvert shall be constructed to the satisfaction of the City Engineer. Monitoring Action: City Engineer to review project plans for compliance Timing: Prior to issuance of grading permits Responsibility: City Engineer AGREEMENT TO PROPOSED MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM In accordance with the CEQA Guidelines Section 15070 (California Code of Regulations Title 14, Chapter 3, Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public review. I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN, CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE- LISTED MITIGATION MEASURES IN THE PROJECT. Signature of Project Applicant Date 3 4) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Response: The project proposes to construct a sound wall along Los Angeles Avenue ranging in height from 9.5 feet to 12.5 feet. In order to screen the wall, the project will provide a 5 to 6 foot wide landscape planter in front of the wall adjacent to Los Angeles Avenue. Sources: Site Plan, Project Application Mitigation: This planter will be planted with trees, shrubs, and vines to screen the wall. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 3) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project does not affect agricultural resources. Sources: Site Plan, Project Application Mitigation: None Required. 4 X X Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? X 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Response: The project proposes to construct a sound wall along Los Angeles Avenue ranging in height from 9.5 feet to 12.5 feet. In order to screen the wall, the project will provide a 5 to 6 foot wide landscape planter in front of the wall adjacent to Los Angeles Avenue. Sources: Site Plan, Project Application Mitigation: This planter will be planted with trees, shrubs, and vines to screen the wall. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 3) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project does not affect agricultural resources. Sources: Site Plan, Project Application Mitigation: None Required. 4 X X Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable X air quality plan? 2) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant X concentrations? 5) Create objectionable odors affecting a substantial number X of people? Response: This project does not affect Air Quality Resources. Sources: 7 Mitigation: None required. D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (inGuding, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5 X X X X 5) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact x X conservation plan f Response: This project proposes changes on previously developed urban land, and therefore does not impact biological resources. Sources: Site Plan, Project Application Mitigation: None required. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance of x a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? Response: This project proposes changes on previously developed land, and therefore is not expected to impact cultural resources. Sources: Site Plan, Project Application Mitigation: None required. F. GEOLOGY AND SOILS — Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? 0 X X Potentially Significant Impact iii) Seismic - related ground failure, including liquefaction? iv) Landslides? 2) Result in substantial soil erosion or the loss of topsoil? 3) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of septic tanks or altemative waste water disposal systems where sewers are not available for the disposal of waste water? Less Than Significant Less Than With Significant No Mitigation Impact Impact X X X X X X Response: This project is not within Alquist Priolo Special Studies areas, and does not have any soils or geological impacts. The site is within a liquefaction zone, and will need to comply with the requirements of the Seismic Hazards Mapping Act. Sources: 3, Alquist Priolo Special Studies Zone Map, Moorpark Quadrangle, Seismic Hazard Zone Map, Moorpark Quadrangle. Mitigation: None Required. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the X environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely X hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? 7 residences are intermixed with wildlands? Response: There are no known hazards on the project site. Sources: 3 Mitigation: None Required. H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? 4) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? 7) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss, injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? D X X X X X X X Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 7) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Response: There are no known hazards on the project site. Sources: 3 Mitigation: None Required. H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? 4) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? 7) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss, injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? D X X X X X X X Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact ii) inundation by seiche, tsunami, or mudflow? x Response: This project proposes the "boxing" of a currently open storm drain channel into a 4 foot culvert. This improvement will be engineered to accommodate anticipated flows, and therefore will not reflect a significant impact. Sources: Project plans. Mitigation: A hydrology study shall be prepared, if determined necessary by the City Engineer, to determine the appropriate size of the culvert. The culvert shall be constructed to the satisfaction of the City Engineer. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? x 2) Conflict with any applicable land use plan, policy, or x regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3) Conflict with any applicable habitat conservation plan or X natural community conservation plan? Response: While this project deviates from the current General Plan Land Use element map designation with regard to density on the subject site, the project would help meet the housing needs identified in the Housing Element and is consistent with all other General Plan Goals and Policies. Further, this project includes a General Plan Amendment which will ensure that the project is consistent with the Land Use Element map as well. Therefore, this impact is not significant. Sources: 3,4 Mitigation: None Required J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally- important x mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: This project will not affect mineral resources. Sources: n/a Mitigation: None Required. 0 K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 4) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X Response: 1) Ambient noise levels within the project area along Los Angeles Avenue are expected to exceed 65 CNEL . 4)Temporary increases in ambient noise levels can be expected during construction periods. However, City regulations pertaining to hours of construction will ensure that this impact is less than significant. Sources: 1,3,4 Mitigation: 1) Installation of sound walls along Los Angeles Avenue. See mitigation monitoring program for further details. 4) None required. X X L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either x directly ( for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, x necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? 10 X X X Response: 1) Ambient noise levels within the project area along Los Angeles Avenue are expected to exceed 65 CNEL . 4)Temporary increases in ambient noise levels can be expected during construction periods. However, City regulations pertaining to hours of construction will ensure that this impact is less than significant. Sources: 1,3,4 Mitigation: 1) Installation of sound walls along Los Angeles Avenue. See mitigation monitoring program for further details. 4) None required. X X L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either x directly ( for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, x necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? 10 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Response: This project will have a beneficial impact of helping to achieve housing goals in support of the Housing Element of the General Plan. Sources: 3 Mitigation: None required. M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? x Other public facilities? x Response: While some incremental impact on public services is to be expected, the impacts are not significant. Sources: Site Plans, Project Description Mitigation: None required. N. RECREATION 1) Would the project increase the use of existing x neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require x the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 11 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Ir Response: This project will have no impact on recreational resources. Sources: Project plans, Project Description Mitigation: None required. O. TRANSPORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? 6) Result in inadequate parking capacity? 7) Conflict with adopted policies, plans, or programs supporting altemative transportation (e.g., bus turnouts, bicycle racks)? Response: This project will have no impacts on transportation facilities or traffic patterns. Sources: Site Plans, Project Description Mitigation: None required. P. UTILITIES AND SERVICE SYSTEMS —Would the project: 1) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 12 X X X X X X X X X Response: This project proposes the "boxing" of an open storm drain channel into a 4 foot culvert. This improvement will be engineered to accommodate anticipated flows, and therefore does not reflect a significant impact. Sources: Project Plans Mitigation: None required Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 13 X X X Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 3) Require or result in the construction of new storm water x drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination by the wastewater treatment x provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by the landfill with sufficient permitted capacity x to accommodate the project's solid waste disposal needs? 7) Comply with federal, state, and local statutes and x regulations related to solid waste? Response: This project proposes the "boxing" of an open storm drain channel into a 4 foot culvert. This improvement will be engineered to accommodate anticipated flows, and therefore does not reflect a significant impact. Sources: Project Plans Mitigation: None required Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 13 X X X Less Than Potentially Significant Less Than Significant With Significant No Impact Mitiaation Impact Impa Response: Mitigation measures will be impose that will enable the project to reduce any potential impacts to a level of insignificance. Sources: 1,3,4 Earlier Environmental Documents Used in the Preparation of this Initial Study Initial Study /Mitigated Negative Declaration for Tract 5307 and associated projects dated March 4, 2002. Additional Project References Used to Prepare This Initial Study 2. 3. 4. 5. 6. 7. One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. Traffic Noise Study Report for the Colmer Residential Department dated March 14, 2001. Comments received from (departments) in response to the Community Development Department's request for comments. The City of Moorpark's General Plan, as amended. The Moorpark Municipal Code, as amended. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92-872 Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 14