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HomeMy WebLinkAboutAGENDA REPORT 1988 0601 CC REG ITEM 09EJOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tern JOHN GALLOWAY Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M.PEREZ Councilmember MAUREEN W. WALL City Clerk MOORPARK M E M O R A N D U M ITEM 9.�; STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: May 25, 1988 (CC meeting of 6/1/88) SUBJECT: APPEAL OF AN ADMINISTRATIVE DECISION - APPEAL NO. 4 - US SPRINT NETWORK ROUTE DEVELOPMENT (3ack�c round The US sprint Communications Network Route Development proposes to install an underground fiber optic communication cable directly within the Southern Pacific Railroad right -of -way through the City of Moorpark. The Southern Pacific Railroad property is currently zoned M -1. On May 2, 1988 the Planning Commission considered an appeal by US Sprint regarding the Director of Community Development decision to require an Industrial Planned Development permit. After considering the matter the Commission upheld the decision of the Director of Community Development. Section 8141 -0.3 of the Moorpark Municipal Code requires all industrial uses within an "M" zone to be established under the review procedures of a Development Plan. Discussion Section 8141- 1.2.10 of the City's zoning code (see attached) lists permitted uses within the M -1 zone. It was the opinion of staff that since fiber optic communication cables were not listed; this section appeared to be the most logical place to put such a use. PJR:crl 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 May 25, 1988 Page 2 Section 8141 -1.5 of the code (see attached) lists oil and gas transmission lines as requiring a Conditional Use Permit. One could argue that fiber optic cables might also be placed within this section. Regardless of which section one views, it is staff's opinion that an approval, with possible conditions, is the correct procedure to address the applicants request. The applicant states that there are to be no above grade structures and once work is completed no evidence of the cable will remain. If the purpose of the Development Permit or Conditional Use Permit is to consider conditions of development and there does not appear to be any in this case; the process comes under question. Recommendation 1. Uphold the decision of the Planning Commission and require the processing of an Industrial Planned Development; or 2. Determine that the code does not address this specific use and that the City Council finds the purpose and intent of the Industrial Planned Development best served by not requiring an Industrial Planned Development. MOORPARK, CALIFORNIA City Council Meeting of 198 By- PJR:crl USPRINTE /CHRONI C I T Y OF M O O R P A R K 799 Moorpark Avenue Moorpark, California 93021 APPEAL FORM TO: City Council Planning Commission Appeal No. 3 I hereby appeal the decision of the Director of Community Development which was given on April 13 , 19 88 The decision was as follows : That US Sprint Communications CamDanv must file an Industrial Planned Develo;xnent permit based on Section 8141 - 1.2.10 and 8141 -0.3 of the Mborpard Municipal Codes per letter dated April 13, 1988 from Patrick J. Richards. Said letter is attached hereto and made a part hereof as Exhibit A. The grounds of appeal are: (attach extra sheets as needed) .) n,e dM „menrs -__ *_he env; mnnantal studies for Ventura Countv are beiriR processed at this time for our Ne�ative Declaration, 2) US Sprint is placing an underground fiber optic communications system cable directly within the Southern Pacific railroad right -of -way; therefore there will be no above grade structures and that US Sprint is an interstate carrier with no distribution points within the city of Moorpark. I request that the appropriate decision - making body take the following action: That the requirement for an Industrial Planned Development permit or a, )nditional Use Pei—iit be waived based on the r oundo a, stated ab�­ e for this anneal. Name of Appe 1.1 a n t US Sprint Communications Company Address of A-1 1 ant 973 Fast Pront St.. Ventura. (:a1i.fornia 93001 'Telephone Number of Appellant ( 805 ) 643 -4083 Is the appellant a party in the application? YES If not, state basis for filing appeal as an "aggrieved person ". /�� q!6� RAJJDAI r ( ature of p ellant) Contract; Field lent for US Sprint Network Route Deve1oV -Pnt Date: -- - A:)ril 5/84 JOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tern JOHN GALLOWAY Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M. PEREZ Councilmember MAUREEN W. WALL City Clerk April- 13, 1988 EN M ---M-OORPARK Mr. Ketly B. Brackman U.S. Sprint Communication Company 973 E. Front Street Ventura, Ca. 93001 RE: PROPOSED FIBER OPTIC NETWORK Dear Mr.. Brackman: Page 1 of 3 STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer First of all I would like to apologize for the length of time that has elapsed since you first contacted me. The City Attorney has advised me that no franchise is required by the City and the City's Zoning Code under Section 8141 - 1.2.10 allows such public services used as a permitted use within the M -1 Zone. The railroad right —of. —way is currently zone M -1 thru the City of Moorpark. Section 8141 -0.3 of the Moorpark Municipal Code requires that all industrial uses in all "M" Zones are subject to established review procedures including approval. of a Development plan as appropriate and subsequent to issuance of a Zoning Clearance. Therefore, U.S. Sprint must file with the City of Moorpark a request for an Industrial Planned Development permit. The filing fee is $1,2Z)O and you must appear before the City Planning Commission for approval. I would suggest that you stop into my office so the process and timing can be better explained. Should you have any questions regarding the above please feel free to call. me. Si, ncereIy, trick. .J. /Ichar-d's Director o� Community Development 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 911 IIC � 5 PaEe 3 of 3 Sec. 8141 - 1.2.10 - Fublic service uses, such as electri- cal distribution substations, telephone exchanges or communications buildings, post offices, fire and police stations, water and gas local service Facilities, broad- casting studios, radio and microwave transmission towers, and similar uses; Sec. 8141 - 1.2.11 - Agriculture, except the raising of ani- mals and fowl for commercial purposes or the sale of any products at retail on the premises; Sec. 8141- 1.2.12 - The reasonable expansion or evolution of a legally established use whose expanded or altered sphere of activity may include uses or operations normally considered M -? cr M -? rvnPS of 11sac or operations but which are capable by various means of meeting the performance standards established for the LM -1 District; Sec. 8141 - 1.2.13 - Other similar uses which the Planning Director finds compatible with the Principally Permitted Uses described herein; consistent with the purpose and intent of the M- 1,District and not of a type to adversely affect the use of adjoining properties. The Planning Director may make findings based on these criteria or may refer to the Planning Commission for hearing certain controversial classification matters. Appeals from the findings of the Planning Director shall be made within ten (10) days in writing to the Planning Commission (AEI. ORD. 2845 - 5/14/74). Sec. 8141 -1.3 - Accessory Uses - The following are the acces- sory uses permute in the ►1 -1 District: Sec. 8141 -1.3.1 -- Limited repair operar. ions for products described as Principally Permitted Uses and commercial sales and service incidental to a Principally Permitted Use, provided such operations are housed as a r art of t'.:e building or buildings comprising the basic operation; Sec. 8141 -1.3.2 - Dwelling units, limited to not more than one per establishment, for security or maintenance per- sonnel and their families, when located on the ?remises where they are employed in such capacity. No other resi- dential use shall be permitted; Sec. 8141 -1.3.3 - Emoloyee recreation facilities and play areas; Sec. 8141 -1.3.4 - Restaurant, cafe, or cafeteria operated in conjunction with a Principally Permitted Use for the convenience of oersons emoioyed on the premises; 439 OC - i EXHIBIT "A" Page 2 of 3 ARTICLE 23 INDUSTRIAL DISTRICTS Sec. 8141 -0 - INDUSTRIAL DISTRICTS EXPLAINED Sec. 8141 -0.1 - Effectuation - The provisions of this ordin- ance shall become effective thirty (30) days following the prescribed public hearings resulting in adoption of ordin- ances by the Board of Supervisors which reclassify existing manufacturing zoned lands to industrial districts; Sec. 8141 -0.2 - Purpose - The explanation contained herein is intended to serve as a guide for understanding and interpret- ing the provisions of the industrial regulations in order to provide consistent and equitable application and enforcement; Sec. 8141 -0.3 - Industrial Regulations Established - The three industrial districts established in this Article are as follows: M -1, Industrial Park District; M -2, Limited Industrial District; and M -3, General Industrial District. For each district, there is a statement of.purpose, a generalized description of the different types of uses permitted, and a designation of property development and operational performance standards. Industrial uses in all districts are subject to established review procedures including approval of a Development Plan or Conditional Use Permit, as appropriate, and subsequent issuance of a Zoning Clearance. A Development Plan shall be processed as a discretionary administrative permit pursuant to Article 43; `AM. ORD. 3057- 9/16/75 -AM. ORD. 3638 - 2/22/83) Sec. 8141 -0.4 -- Factcrs Con::i-dered in Writing t::e Ordinance - The following factors are basic considerations in the design of the industrial districts: Sec. 8141 -0.4.1 - The reed development and upt:taL'L0na1 expected in each district; for a clear definition of what Sec. 8141 -0.4.2 - The need for a clear definition of what means of protection are afforded industrial developers and operators, surrounding urban uses, and the general public; Sec. 8141 -0.4.3 - The need for flexibility to permit adapt- ability to changes in industrial modes of operation and the most expeditious processing of industrial location matters; /+34 OC -2 CUSTOMER'S ORDER NO. DATE 19 C! NAME ADDRESS SOLD By CASH I c 00 CHARGE ON ACCT MDSE. RETD I PAID OUT • DESCRIPTION TAX TOTAL 0C) ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL. "N 65161 RECD BY 5R330 TAX TOTAL 0C) ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL. "N 65161 RECD BY 5R330 FA0 Sec. 8141 - 1.4.10 - Commercial and service type uses which are intended primarily to serve the needs of the M -1 District are compatible with the permitted types of in- dustrial uses or will not interfere with the orderly development of the industrial area; Sec. 8141- 1.4.11 - Churches, temples, or other buildings used for religious worship. (REP. ORD.3549- 6/2/81/EN. ORD. 3553- 7/21/81) Sec. 8141 -1.5 - CONDITIONALLY PERMITTED USES (PLANNING DIRECTOR) - Subject to the approval of a conditional use permit from the Planning Director or designee as provided in Article 43, the following uses may be permitted, provided they meet the purpose and intent of this Article and the provisions of this Chapter: (ADD. ORD. 3638 - 2/22/83) Sec. 8141 -1.5.1 - Oil and gas drilling, production, and transportation, and Ci1P nece S d ; attclu l ei% uSC= 3n.A _ struct7S_e -_ ; but eve-ltidin-o g refining - -o r processing, and manufacturing thereof; (ADD. ORD. 3638 - 2/22/83) Sec. 8141 -1.5.2 - Pipeline and Transmission Lines - The aboveground facilities and structures associated with pipelines and transmission lines ocated on private property unless otherwise preempted by State law; ADD. ORD. 3638 - 2/22/83] 4- -1 t - PUBLIC REVIEW OF A DRAFT MITIGATED NEGATIVE DECLARATION The Planning Division is processing the following land use permit. Based on the Initial Study findings, this project may have a significant effect on the environment and a Draft Mitigated Negative Declaration has been prepared pursuant to the provisions of the California Environmental Quality Act. PERMIT NO.: CUP-4491 APPLICANT: U.S. Sprint Communications Co. LOCATION: The project is located within the right -of -way of the Southern Pacific Railroad from the Los Angeles County Line on the east, through Simi Valley, Moorpark and ending in the City of Camarillo. Only the portion of the project within the unincorporated jurisdiction is addressed in this draft document. PROJECT DESCRIPTION: The applicant proposed to install a buried fiber optic communications cable wholly within the railroad right -of -way. The public review period is from April 24, 1988 to May 24, 1988. The Environmental Report Review Committee will hold a public hearing at 1:30 p.m. on May 25, 1988 in Room 344, Hall of Administration, 800 S. Victoria. Avenue, Ventura, CA 93009. You may attend this hearing or submit written coniments to .lames Carus,,, R.t% I'l.aair.g, 800 South Victoria Avenue, Ventura, CA 93009. Please call (805) 654 -2453 for more information. f. �i RESOURCE MANAGEMENT AGENCY count: of VEntura P�anninc DivJision 1. Entitlement: conditional Use Permit No: 4491 2. Amlicant: U.S. Sprint (xmnmications Catpany 3. Locat (see attached maps Exhibit "A ") The project is located within the Southern Pacific Railroad riot- of-way from tae easterly County line at Santa Susan through Simi Valley, Moorpark, Los Pesas Valley, Somis and ending in the City of Camarillo. The portion of the project within the unincorporated jurisdiction is the subject of this document. Other jurisdictions shall permit the project within their cwn territories. 4. Assessor Parcel Number and Size: Several (see AP list found in Exhibit "B ") 5. General Plan Designation: Open Space, Agriculture, Urban, Rural CatMMity (Open Space and Conservation Element). 6. EXiSting Zoni*Y?: AE (Agricultural Exclusive) ; OS- 40 acre (Open space 40 acre minimum lot size) 7. : The applicant proposes to place a buried fiber optic ocimnmications cable entirely within the Southern Pacif is Railroad right -of -way. The cable corridor shall run from Burbank, Las Angeles County through Ventura County, and the Cities of Simi Valley, Moorpark, and Camarillo. See Exhibit "A" for the cable route. 9. Responsible Agencies: California Department of Fish and Game; California Department of Transportation (CAL'IRANS) California State law requires that an Initial Study (environmental evaluation) be conducted to determine if this project could significantly affect the environment. An Initial Study was conducted by the Planning Division to evaluate the potential effect of this project on the environment. Based on the findings contained in the attached Initial Study, it has been determined that this project could have a significant effect on the environment. Therefore, a Mitigated Negative Declaration has been prepared pursuant to the provisions of the California Environmental Quality Act (Sec. 15073). Tae potentially significant effects identified can be reduced to a less than significant level if the proposed mitigation measure-- are adopted as Conditions of Approval. 28. Biological Resources: A biological resources investigati:m was conducted by Dames and Moore along the Prtire cable corridor. The results of the investigation indicate that tie only potentially significant impacts will occur at one off - bridle creek crossing at Arroyo Las Posas. The cable corridor travers s a riparian woodland/thicket for a distance of approximately 2)0 feet. No sensitive plant or animal species were observed at th.s site; however, to mininize the impacts of cable installati m through the stream and riparian habitat, the following mitigati n measures have been formulated: - K tGr1Vt J 800 Sowh V lnria Avenue, VenLra, CA 03009 1988 nn r „ a. Th minimize the severity of crushing of vegetation and to allow natural revegetation to occur more quickly, rubber tired construction vehicles shall be utilized to the extent practicle during cable installation. b. Tb minimize disturbance to natural vegetation and habitats, clearing arxi grading shall be minimized where there is substantial native vegetation. c. The width of the disturbance zone shall be minimized to the extent practicle; construction vehicles shall be excluded from traveling or turning around in undisturbed areas outside the cable corridor. d. Where natural and/or sensitive habitats would be disturbed, vegetation shall be trimmed rather than removed. e. The width of the disturbance zone at streams that are traversed off - bridge shall be minimized to lessen the impacts on the stream channels. D. FUffidC REV1l~3+1: 1. Jagal Notice Mfethod: Direct mailing to property owners within 300 feet of the proposed prom wry- 2. Ibamient Posting Period: April 24, 1988 - May 24, 1988 3. 1?nrirc:.n� �1p1t Review Ccamittee Hearin Dade: May 25, 1988 4. Hall Of Administration, MUl.ti- Purpose Room, Room 344, bird Floor. 5. �L! : 1:30 p.m. Prepared by: Reviewed by: •.11 I� I' .I .1 - The Environmental Report Review Committee recommends that the decision - making body find that the above environmental doc ument has been completed in compliance with the California Envirormiental. Quality Act. Chair, Erivirorz ental Report Date Review Committee A. Iocation Maps B. Assessor Parcel List C. Initial Study D. Biological Assessment Excerpts E. Cultural Resource Assessment Dweipts 080 -0- 020 -020 163 -0- 010 -200 163 -0- 020 -010 163 -0 -030 -010 163 -0- 010 -190 060 -0- 050 -010 060 -0- 050 -060 060 -0- 010 -060 060 -0- 010 -010 060 -0 -010 -020 060 -0- 030 -110 060 -0 -310 -030 060 -0 -310 -120 060 -0- 320 -245 060 -0- 220 -120 060 -0- 110 -040 060 -0- 090 -010 060 -0- 100 -010 060 -0 -220 -110 060 -0- 078 -020 060 -0 -078 -010 060 -0 -100 -080 060 -0 -110 -030 060 -0 -081 -010 060 -0 -078 -030 VENTURA COUTNY TAX PARCELS 060 -0 -066 -010 060 -0- 380 -090 060 -0- 380 -070 008 -0- 160 -345 008 -0 -160 -100 615 -0- 300 -030 615 -0- 300 -090 637 -0- 070 -150 637 -0- 070 -140 637 -0- 070 -060 637 -0- 070 -020 637 -0- 140 -400 637 -0- 030 -320 500 -0- 291 -075 500 -0- 340 -250 500 -0- 291 -065 500 -0- 340 -320 500 -0 -340 -310 500 -0- 360 -325 500 -0- 340 =260 500 -0- 360 -030 500 -0- 360 -315 500 -0- 340 -270 503 -0- 060 -170 503 -0- 050 -010 EXHIBIT "B" /4:R 500 -0- 270 -050 230 -0- 061 -07-- 230 -0- 061 -C30 230 -3- 051 -D7�' 230 -0 -061 -060 216 -0- 054 -045 216 -0- 052 -055 216 -0- 053 -C25 216 -0- 052 -04` 216 -0- 150 -195 646 -0- 200 -03C A. PROJECT INFORMATION INITIAL STUDY 13 1. Project No.: Conditional Use Permit No. 4491 2. Name of Applicant: U.S. Sprint Communications Co. 3. Project Location: From the easterly County line at Santa Susane t:nr -.:r.: the Cities of Simi Valley and Moorpark, and the Los Posas Valley to the City ot Uamarllio. — — 4. Project Description: The aplicant proposes to install a buried fiber �- communications cable comp Iefiy J Parisi -- — B. ENVIRONMENTAL IMPACT CHECKLIST PLANNING DIVISION 1. Land Use Will the project, individually or cumulatively, alter the planned land use of an area? Z. Growth Inducement Will the project, individually or cumulatively, induce growth in an area? 3. Housing Will the project, individually or cumulatively, affect existing housing, or create a demand for additional housing? 4. General Plan Consistency Will the project, individually or cumulatively, conflict with any environmental goal, objective, policy or program of the General Plan? 5. Mineral and Oil Resources Will the project, individually or cumulatively, result in: a. The depletion of mineral or oil resources? b. Hampering or precluding access to or the extraction of, mineral or oil resources? ?age 1 EXHIBIT "C" Impact? Signif'_cact? Yes Maybe No Yes Ma_ vbe So X I X 6. Solid Waste Facilities Will the project, individually or cumulatively, have an effect upon solid waste disposal facilities? AIR POLLUTION CONTROL DISTRICT 7. Air a. Will the project, individually or cumulatively, result in: (1) Deterioration of regional ambient air quality? (2) Localized air quality impacts? (3) Objectionable odors? b. Will the project be impacted by: (1) Air pollutants from a nearby emission source? . (2) Objectionable odors? PUBLIC WORKS AGENCY 8. Earth Will the project, individually or cumulatively, result in or be impacted by: impact' slzn.`.can- Yes `!avbe No Yes `lacbe I x' i i a. Unstable earth conditions or changes in geologic substructures? b. Disruptions, displacements,' `I compaction or overcovering of the soil? C. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geological or physical features? - i e. An increase in wind or water erosion of soils, either on or off the site? f. Changes to the deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, X inlet or lake? g. Geologic hazards such as earthquakes, landslides, mudslides, ground failure, liquefaction, or similar hazards? 9. Transportation /Circulation Will the project, individually or cumulatively, result in: a. The generation of additional v f vehicular movement' Page 2 b. An effect on existing parking facilities, or demand for new parking? C. An impact upon existing trans- portation systems? d. Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to rail traffic? f. An increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 10. Flood Control Will the project, individually or cumulatively, result in or be impacted by: a. Changes to absorption rates, drainage patterns, or the route and /or amount of surface water runoff? b. The alteration to the course or flow of flood waters? C. The exposure of people, property or unique natural resources to hazards such as flooding or tsunami? d. An effect on a channel or stream regulated by the Flood Control District? e. Changes in currents, or the course of direction of water movements, in any body of water? f. A flood plain indicated on the Ventura County Flood Insurance Rate Maps? 11. Water Resources I - _.I/ -- — '>/� I — -- — X I I i Will the project, individually or cumulatively, result in or be impacted by: a. A decrease of surface water quantity? — — I b. The degradation of surface water i quality? N, C. A decrease of groundwater quantity? d. The degradation of groundwater quality? e. A high groundwater table? Page 3 ENVIRONMENTAL HEALTH DIVISION 12. Sanitation If the project will utilize an individual sewage disposal system, can the sewage generated by the project create an adverse health impact? 13. Water Supply Will the project not be provided with a long -term water supply of adequate quantity and quality? 14. Risk of Upset Does the project, individually or cumulatively, involve a risk of releasing hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset condition? 15. Human Health Will the project, individually or cumulatively, result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? FIRE PROTECTION DISTRICT 16. Will the project, individually or cumulatively, result in impacts on fire protection due to: A. The distance /response time from nearest fire station? b. The availability of personnel or equipment? C. The location in a high fire hazard area? d. The design of roads and circulation? e. The water supply and distribution system? f. The hazardous nature of the project? SHERIFF'S DEPARTMENT 17. Will the project, individually or cumulatively, result in impacts on law enforcement due to: a. The design of the project? b. The design of roads and circulation? C. The location of the project? Page 4 lmvact? Sign:f cant' Yes Mavbe No Yes `,av:e No - I - i I -- - X 1- -- - — — X I — — 1 I i I i I a. Sewers or sewage treatment plants? Page 5 _ :ioacc? -3 :::: :eS "avbe So Yes ".a•: jp_ GENERAL SERVICES AGENCY 18. Recreation Will the project, individually or cumulatively, result in impacts on recreational opportunities or facilities? 19. Harbors Will the project, individually or cumulatively, result in an impact x on harbors? AIRPORTS DEPARTMENT 20. Will the project, individually or cumulatively, result in impacts on: a. Air traffic safety? - b. Existing airport facilities? i — ! I — AGRICULTURAL DEPARTMENT 21. Agricultural Resources Will the project, individually or cumulatively, result in: a. The conversion of prime agricultural land to other uses? X b. The loss of productive crop land or soils? C. An. adverse effect on adjacent agricultural land? — \ AREAS TO BE COMPLETED BY THE AGENCY RESPONSIBLE FOR ADMINISTERING 7F_E P4' 22. Visual Effects Will the project, individually or I cumulatively, result in the obstruction I of a scenic resource or view open to the public, or will the project result in the creation of an aesthetically offensive site open to public view? 23. Light and Glare ! Will the project, individually or cumulatively, produce light or glare? 24. Noise and Vibrations Will the project, individually or i or cumulatively, result in the ex- posure of people to increased noise or vibrations? I 4 25. Public Facilities and Utilities Will the project, individually or cumulatively, have an effect upon, I or result in a need for new or altered services in any of the I following areas: a. Sewers or sewage treatment plants? Page 5 b. Water mains or storage facilities? C. Electrical transmission facilities? d. Natural gas facilities? e. Communication facilities? f. Educational facilities? 26. Ener Will the project: a. Result in an increase in demand upon existing sources of fuel or energy? b. Use fuel or energy in a wasteful manner? 27. Cultural /Ethnic Resources Will the project, individually or cumulatively, result in: a. Disruption, alteration, destruction, or adverse effect on a prehistoric or historic archaeological site or paleon- tological site? b. Disruption or removal of burials or cemetery? C. Inducement to trespass, vandalism, or desecration of cultural resources? d. The potential to cause a physical change which would affect unique values of an ethnic or social group? e. The potential to conflict with or restrict existing religious, scientific, or educational uses of the area? f. Adverse physical or aesthetic effects to any historic structure or feature, or to any structure or feature eligible for designa- tion as a county landmark? 28. Biological Resources Will the project, individually or cumulatively, result in: A. Change in the diversity of species, or numbers of any locally sensitive or unique plant species. b. Disturbance or reduction in the numbers of any State or Federally listed rare, threatened or endangered plant species or their habitats? Page 6 Impact° S12n1:,1cz :_° Yes "favbe No :es ".a- -- e i - - X X - A C. Introduction of new plant species into an area, or the introduction of a barrier to the normal replenishment of existing species? d. Change in the diversity of species, numbers or habitat of any animal species which are locally sensitive or unique? e. Disturbance or reduction in the numbers of any State or Federally listed rare, threatened or endangered animal species or their habitats? f. Introduction of new animal species into an area? g. Introduction of barriers to movement of any resident or migratory fish or wildlife species? h. Introduction of factors adverse to the existing ecological balance? i. Introduction of substances, human activity, structures or other factors that would damage, change or hamper an existing locally sensitive or unique ecosystem? DISCUSSION OF RESPONSES TO CHECKLIST (Agency responses are attached here.) Page 7 Yes "!avbe No es i i I �I �i x x D E. Yes Maybe do MANDATORY FINDINGS OF SIGNIFICANCE 1. Does the project have the potential to significantly 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 o.f the major periods of California history or prehistory? 2. Does the project have the potential to achieve short -term, to the dis- advantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long -term impacts will endure well into the future). X 3. Does the project have impacts which are individually limited, but cumulatively considerable? (Several projects may have relatively small individual impacts on two or more resources, but the total of those impacts on the environment is significant.) 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? DETERMINATION OF ENVIRONMENTAL DOCUMENT On the basis of this initial evaluation: [ J I find the proposed project COULD NOT have a significant effect on =he environment, and a NEGATIVE DECLARATION should be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect :.n this case because the mitigation measure(s) described in Section C of the Initial Study will be applied to the project. A MITIGATED MEGA VE_ DECLARATION should be prepared. [ ] I find the proposed project, individually and/or cumulatively, '14Y have a significant effect on the environment and an ENVIRONMENTAL. INF.aC -I REPORT is required.* Si nature of Person Responsible fo Administering the Project *EIR Issues of Focus: Page 8 n Date •1 1. Land IIse: The subject parcels are currently utilized as railrcid right -of -way. The cable project is permitted in each of the zones it traverses. Therefore, no impact on planned land uses in the proje :t area are evident. 2. GD74h : The proposed project shall not remove constrain s to growth in the areas traversed by the cable. 3. Wgind: No additional employees requiring housing are needed for tie project. 4. Ge3MI Plan (xiisistenx'v: A review of the proposed General P7 in " Goals, Policies and Programs ", indicate that the proposed proje..t shall not conflict with the environmental goals, policies and progrr as found in that document. 5. Mineral and Oil Fincuroes: The project is to be located undergm nd and therefore shall not hamper access to mineral or oil resources. 6. Solid Haste Facilities: The project shall produce an insignificz. -it amount of solid waste that can be adequately disposed of at exist,,.-)g disposal facilities. 7. Air: a(1) Based on the criteria contained in Ventura County's Guidelir?s for the Preparation of Air Quality lymct Analyses, the subject project will have an impact on air quality, but the impact will ne less than significant. a(2) Based on information conained in the project description questionnaire, the project is not expected to result in localized Eis quality impacts. a(3) Based on the information contained in the project description questionnaire, the project is not expected to result in objection&le odors. b(1) Based on the information presented in the project description questionnaire, the subject project will not be impacted by nary emission sources. b(2) Based on the information presented in the project- description questionnaire, the subject project shall not be impacted by objectionable odors. The Public Works Agency camrents that the project, as amended by the applicant at the request of the transportation Division shall not he.ve any impacts on the above noted areas of ern. 11. Water Rescutves: The Public Works Agency oamrents that their concerts relating to impacts on ground and surface water wens addressed and adequately mitigated with the required improvements imposed on CUP -4171. Therefore the continued operation of the subject quarry shell not have a significant impact on either ground or surface waters. 12. Sanitatirn: The project shall not require an on -site sewage dispeeal system. 13. Water Supply: Domestic water is not required for this project. r •• 14. Risk of Upset: Bared upon information contained in the project description questionnaire, no hazardous substances will be utilized as part of the project. 15. H=an Health: No envirormental health hazards are expected from the project. 16. Fite Ptvteotirn: No project impacts on fire prevention are evident from the information submitted with the application. 17. Sheriff's Department: Due to the design and nature of the project, the Sheriff's Dept. can serve the project with existing personnel and equ ipnent . 18. t� ticri: The project is not located near any recreational facilities. 19.1: The project does not utilize any harbor facilities. 20.�o t�: The project is not located near airport facilities, nor will the project utilize airport facilities. NA - - 9 L (a) The project is not located on prime agricultural lard. (b) Tte project location shall not result in the loss of productive soils. (c) The nature of the project indicates that no impact on adjacent agricultural lands are expected. 22. Visual Effects: The project shall not have a visual impact due to its location under ground. 23. Light and Glare: No lighting is required or proposed for this project 24. Nose and Vibration: The only noise impacts associated with the project world be construction phase effects. As this impacted is toTporary, they are less than significant. 25. Public Facilities and Utilities: (a) The project does not utilize public sewers. (b) The project does not utilize a water system. (c), (d), (e) No utilities are required for this project. (f) The project will not permamently employ any work force, and therefore shall not have an impact on educational facilites. 26. : Energy usage is a concern on a national and state -wide level, and generally beyond the scope of local regulation. 27. CuultnralZMnic Resarrces: A Phase I archaeological survey was conducted along the entire cable corridor by Dames and Moore. No impacts to cultural resources are expected along this portion of the cable corridor. A copy of the Phase I survey has been filed with UCLA. 28. Bio ogical Resources: A biological survey survey was completed for the corridor in December 1987. The results of the survey indicate that impacts may occur at off - bridge stream crossings where the cable will cut thrrkxjh riparian habitats. The consultant determined that the potential impacts would be less than significant due to the narrowness of the iisturbance area. The Lead Agency does not agree with the consultant's determination has included mitigation measures suggested by the biologist. 3.0 BIOLOGICAL RESOURCES ALONG THE CABLE CORRIDOR 3.1 HABITATS OCCURRING IN THE CABLE CORRIDOR Because the cable corridor is within the Southern Pacific railroaa r :2nt of -way, the dominant habitat traversed by the route is ruderal (i.e., dis:uz jea areas). It is the only habitat traversed in 10 of 16 segments (Table 3 -1). :n the remaining six segments, ruderal habitat represents greater than 95 percent j of all areas traversed by the corridor. Other habitats within the corridor are freshwater marsh, brackish marsh, riparian thicket, and riparian scrub. "`.ese habitats are described below. 3.1.1 Ruderal Ruderal habitat consists of previously disturbed areas which have rev,ve- tated naturally to various degrees with weedy plant species. This hab tat occurs throughout the length of the cable corridor (Figures 3a -3p). :'he railroad tracks and immediately adjacent areas are regularly maintained to ;re- f vent plant growth that may inhibit operation of the railroad. However, two plant species consistently encroach upon the railroad bed in the project a ea, I including mesa prickly -pear (0_puntia littoralis) and feather top (Pennisitum villosum). The mesa prickly -pear is a native cactus shrub which is fairly 3m- mon in Venturan coastal sage scrub vegetation. The feather top is an inva ive ' naturalized perennial grass which is primarily restricted to the rail cad right-of -way and along certain roadbanks in the region. Ruderal areas wi hin the right-of -way beyond the cleared area usually contain plant species comm;nly associated with the adjacent vegetation type. Wildlife species known or likely to occur in ruderal habitat within the cable corridor include species that readily adapt to continuous man-.ace i disturbances. During the surveys, the most frequently observes: species ,,ere western fence lizard (Sceloporus occidentalis), European starling (Stu:nus vulgaris), and house finch (Carpodacus mexicanus). Broad-footed mole (S`ap. ;nuw latimanus) and Botta's pocket gopher (Thomomys bottae) burrows were notek. in ! localized areas. Rock doves (Columba Livia) are expected to use rail cad bridges and overpasses for nesting during spring and summer. I 123.1/5 -3.0 -1 3 -1 EXHIBIT "D" ?.1.2 Freshwater Marsh This habitat occurs :n the cable corridor at one small basin in Segment 4 (Figure 3 -1d). The marsh area is approximately 75 feet long and :ocated on the east side ol: Santa Susana Pass. Freshwater marsh vegetation consists of emergent perennial monocot (grass -like) herbs which occupy season- ally and /or permanently flooded habitats. Common and characteristic plant spe- cies of freshwater marsh vegetation in the vicinity of the cable corridor include California bulrush (Stir us californicus) and cattails (Typha ssp.). Freshwater marsh usually occurs in palustrine and estuarine habitats such as streambeds, margins of estuaries, and man -made drainages. Because the only freshwater marsh along the cable route is quite small and relatively sparsely vegetated, its value as wildlife habitat is very low. Common amphibians such as western toad (Bufo boreas) and Pacific treefrog (Hyla r�esilla) are likely to occur there. Several species of birds and mammals, including mourning dove (Zenaida macroura), Virginia opossum (Didelphis virginianus), and raccoon (Procyon lotor) are expected to obtain water from this small marsh. Tracks of the latter species were observed at this location during the field surveys. 3.:.3 Brackish Marsh This habitat is traversed by the cable corridor at three locations in Segment 15, including Carpinteria Creek, along the northwest edge of Carpinteria Salt Marsh, and Arroyo Paredon (Figure 3 -1o). The plant species composition of this habitat is similar to that of freshwater marsh. However, unlike the freshwater marsh, tidal influence was apparent at the three areas of brackish marsh. The value of these brackish marshes as wildlife habitat varies. Because Arroyo Paredon and the- area near the Carpinteria Salt Marsh are relatively smaL11, both appear to be quite limited in abundance and diversity of wildlife species. Common amphibians (such as western toad and Pacific treefrog) are expected in this habitat. In addition, several common species of birds could use brackish marshes and surrounding areas for breeding and /or winter cover. 3 -2 Iq Ri ?arian thicket provides habitat for a diversity of wildlife species, particularly when it is adjacent to riparian woodland. Amphibians and reptiles that could potentially occur in this habitat include ensatina ( Ensatina eschszholtzi), black - bellied :salamander (Batrachoseps nigriventris), western fence lizard, and gopher snake (Pituophis melanoLeucus). The abundance and diversity of birds in this habitat are expected to be relatively high throughout the year. Species observed during the surveys included Anna's hum- mingbird (Calypte anna), mourning dove, bushtit (Psaltriparus minimus), and plain titmouse (Parus inornatus). Male Least Bell's vireos (Vireo bellii Zusilius) were observed in 1985 in nearby riparian woodland at Arroyo Simi. Sma:l numbers of this species may forage in riparian thicket during spring, but are :•ot known to breed in the area. Mammals known and expected to be common in this habitat include desert cottontail (SyLvilagus audubonii), black- tailed ;ack rabbit .(Lepus californicus), Botta's pocket gopher, California ground squirrel (Spermophilus beechevi), and raccoon. 3.i.:. Riparian Scrub This habitat occurs in the cable corridor at the confluence of a small drai-age and Arroyo Las Posas near Somis (Figure 3 -1h), and at the Ventura River in Segment 12 (Figure 3 -11). In addition, it occurs in combination with ripa ian thicket at Arroyo Simi in Segment 6 (Figure 3 -1f). Riparian scrub is similar in plant species composition to riparian thicket, but generally contains shorter, less dense vegetation and more weedy spec.es. Common and characteristic species include mule fat, castor bean (Ric nus communis), tree tobacco, and poison hemlock (Conium maculatum), along with scattered small arroyo willow shrubs. The abundance and diversity of wildlife species known or likely to occur in iparian scrub along the cable route are somewhat lower than in riparian thicket. Species observed during the surveys included western fence lizard, Anna's hummingbird, American crow (Corvus brachyrhynchos), scrub jay (ADh!locoma coerulescens), plain titmouse, desert cottontail, and California ground squirrel.. In addition, one eastern fox squirrel (Sciurus niger), a spe- cie`a introduced primarily into city parks, was observed. 23.:/5 -3.0-4 3 -4 • J White-crowned sparrows (Zonotrichia leucophyrs) and house finches were aour an_ during the field surveys. Two sensitive species that occur in =tie Carp.nt er:a J Salt Marsh, Belding's savannah sparrow (Passerculus sandwichensis beldingi. an southern marsh harvest mouse (Reithrodontomvs megalotis limicoia), could pC -ter.- J tially use the adjacent brackish marsh occasionally. 3.1.4 Riparian Thicket This habitat (mixed This habitat occurs in the cable corridor at three locations, inc :sc,ing: (1) Arroyo Simi in Segment 6 (Figure 3 -If); (2) Arroyo Paredon in Segmerc (Figure 3 -1o); and (3) adjacent to Carpinteria State Beach in Segme,.t :: (Figure 3 -1o). Riparian thicket consists of large shrubs dominated by muse fat addition to those previously described include quail (Baccharis salicifolia) and arroyo willow (Salix lasiolepis). These two spe- cies form dense stands, often in conjunction with elderb?rry (Sambucus mexicanus), tree tobacco (Nicotiana 1� auca), and giant reed (Arundo doc;ax'. Understory species include perennial herbs and vines such as mugwort (Artemie:a _ dou lasiana), common horseweed (Con za canadensis), Ferris' giant scouring rush (Eauisetum x ferrissii), rice grass (Oryopsis miliacea), California black :,err:: 7 (Rubus ursinus), and curly dock (Rumex crispus) .J 7 This habitat (mixed with riparian scrub) is traversed by :Fe J corridor for approximately 2000 feet at Arroyo Simi. Plant species present :.. addition to those previously described include quail brush (Atriolex lent :for - mis) and small pepper trees (Schinus molle). The riparian thicket at s location is continuous with riparian woodland (characterized by :he presence trees) which occurs outside of the cable corridor. The riparian thicket at Arroyo Paredon is adjacent to, and primari.y wes- of, the brackish marsh. At this location riparian thicket is nearly noao•:­_ - tally arroyo willow. The total length of this habitat is aporcxi^..:e :: 750 feet. Riparian thicket also occurs adjacent to Carpinteria State Beach, app ;.. mately one -half mile east of Carpinteria Creek. The cable corridor w;:: :a- verse about 600 feet of this habitat. Although arroyo willow shrubs dom :iar at this location, introduced ornamental specie!; are also present, :nc. my.oporum (y oporum laetum). s 123.1/5 -3.0 -3 3 -3 3.2 HABITATS OCCURRING AT THE PROPOSED P.O.P. AND REGENERATION SITES QO Habitats at four proposed P.O.P. sites and two proposed regeneration sirs were evaluated. The P.O.P. sites are located in Segments 2, B, 11, and :5, =._ the regeneration sites are located in Segments 5 and 14 (Figures 3--lb, e, 'h. K. n, p). Sizes of proposed regeneration and P.O.P. sites are 12 feet by 3 :___ and 32 feet by 12 feet, respectively. All proposed sites are located in mostly unvegetated areas within the railroad right -of -way. As such, each wit. :)e constructed in ruderal habitat, similar to that described in Section 3.1.1. 3.3 STREAM AND DRAINAGE CROSSINGS The cable corridor traverses numerous perennial, intermittent, end ephemeral streams, drainages, and washes (hereafter referred to as stream:). Twenty -seven of the largest streams were evaluated, including type of crossing (on or off bridge) and the presence or absence of natural habitats at and ad_a- cent to the crossings (Table 3 -2). Included in that total are four separe.ce crossings of Arroyo Simi (Figure 3 -1f) and crossings of both the main chan:ei and north fork of the Ventura River mouth (Figure 3 -11). Seven streams have been channelized in the vicinity of the crossings and contain little or no vegetation. Sixteen of the 27 streams would be crossed on bridges. In each case, the cable would be attached to the bottom or side of a bridge in a conduit. 7.1e stream channel and accompanying vegetation would not be disturbed. At Arrc•yo Simi and the Ventura River mouth, relatively small areas of riparian vegetation, between consecutive crossings would be disturbed. These areas are discussed in Section 3.5. The remaining 11 crossings would be off bridges, through the stream cht;n- nel. At these crossings the cable would be buried at depths greater than ::-,e minimum 42 inches. At nine of the 11 streams traversed off bridges, vegecac:.on in and adjacent to the channel is mostly absent or limited to introduced an.a scattered native species of low density, including tree tobacco, myepor•.Im, castor bean, and coyote brush. Habitats containing brackish marsh and riparian vegetation occur at Carpinteria Creek and Arroyo Paredon in Segment 15 (Figure 3 -10). Both areas are described in Section 3.5. 123.1/5 -3.0 -5 3 -5 EXECUTIVE SUMMARY S Sprint Communication:; Company proposes to install a 96 -mile long `_':)e: )otics cable between Burbank and Santa Barbara, California. A:) part of _ne it ,)posed project Dames 6 Moore completed a Phase 1 cultural resources sur- fev 3:ong the proposed construction corridor. The entire corridor is within t e •ig : ^t -of -way of the Southern Pacific Railroad. Prefield studies and field survey resulted in the identification of 65 arc:,,teolagical sites within 0.25 mile of the proposed construction corridor. "we ^.:v -seven of these sites are located within or immediately adjacent to the Sout :tern Pacific Railroad right -of -way. Field survey identified 11 sites within or immediately adjacent to the Southern Pacific Railroad right -of -way that actually crossed the proposed US Sprint construction corridor. Few sites exteid into the construction corridor because the cable route i:s usually . loc�:ed within 10 to 20 feet of the centerline of the tracks. As a result, host of the construction corridor is located within cut or filled areas used to hake a revel r�ilbed for the tracks. No sites were located within the the proposed US Sprint construction corr.dor in arras under the jurisdiction of Los Angeles County, or the Cities of l)s Angeles and Burbank. A total of 15 sites occur within the railroad right -of -way in areas under the jurisdiction of Ventura County; only three of these sites are expected to be :irectly affected by the proposed project. One site occurs in the City of Oxna-d which could also be directly affected by cable construction activities. Six sites were located within the railroad right -of -way in Simi Valley, but are not expected to be subject to direct impacts. No archaeological sites were in or naar the cable corridor in the Cities of Moorpark, Camarillo, or Ventura. -ive archaeological site:3 occur in the railroad right-of-way in the City of Carpinteria, of which three could be directly affected by the project. Four twelve sites in the right -of -way in areas under the jurisdiction of Santa 3a7cara County could be similarly affected. No archaeological sites +ere in or near the cable corridor in the City of Santa Barbara. EXHIBIT "E" Section 3.0 of this report presents an evaluation of potential :moac:s the proposed project in the above sites. This section also ?resents recommt :- dations for mitigation of direct impacts to these sites. Section 4.0 provic s a summary of the impact evaluation and recommendations, including measures _o protect sites from indirect impacts during construction and procedures ;r discovery during construction. Subsequent to the completion of the Phase 1 survey, US Spr::t Communications Company revised their construction schedule and will lay or:, that portion of the line between Burbank and Camarillo at the ?resent time. 0 archaeological sites are located within the proposed US Sprint construct:�r. corridor between Burbank and Camarillo. J 123.3/2 -EX -2 JOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tern JOHN GALLOWAY Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M. PEREZ Councilmember MAUREEN W. WALL City Clerk MOORPARK ITEM�t -9 M E M O R A N D U M STEVEN KUENY City Manager CHERYLJ KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development• DATE: June 8, 1988 (CC meeting of 6/15/88) SUBJECT: APPEAL OF AN ADMINISTRATIVE DECISION - APPEAL NO. 4 - US SPRINT NETWORK ROUTE DEVELOPMENT Back rg ound US Sprint appeared before the City Council at the regular meeting of June 1, 1988 to consider whether or not their proposal to install a fiber optic cable through the City required an Industrial Planned Development Permit ( I PD) . The Council considered this matter and directed US Sprint to work with staff so as to prepare an agreement regarding current and future restrictions and conditions by the City. The Council determined that an I PD was not needed if such an agreement could be approved by both parties. The public hearing on this matter was left open by the City Council and continued to the meeting of June 15, 1988. Discussion Staff has been able to meet only once with US Sprint since the Council's June 1, 1988 meeting. As of the drafting of this memorandum there has not yet been a resolution to a draft agreement. Recommendation Continue this matter to the Council's meeting of July 6th and direct staff to continue working with US Sprint for an agreement resolution. MOORPARK, CALIFORNIA MO City Council Meeting ^:'. "ARK, CALIFORNIA City Council Mating of l�, —,198 of ACS= 198 ACTION: ACTION: 799 Moorpark Avenue A )Moo ark, California 93021 USPRINTF /CHRONI Dy "'t � By 1) 529 -6864