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HomeMy WebLinkAboutRES CC 2017 3647 2017 1206 RESOLUTION NO. 2017-3647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING GENERAL PLAN AMENDMENT NO. 2015-02 FOR A CHANGE OF LAND USE DESIGNATION FROM GENERAL COMMERCIAL (C-2) TO VERY HIGH RESIDENTIAL DENSITY (VH), ON APPROXIMATELY 8.3 ACRES AT 4875 SPRING ROAD AND 384 LOS ANGELES AVENUE, ON THE APPLICATION OF SPRING ROAD LLC (MIKE ASHLEY, DON DUNCAN) WHEREAS, on November 17, 2015, applications for General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development Permit No. 2015-02, Vesting Tentative Tract Map No. 5972, and Development Agreement No. 2015-01 were filed by Spring Road LLC (Mike Ashley, Don Duncan) for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue; and WHEREAS, on November 7, 2017, the Planning Commission adopted Resolution No. PC-2017-624, recommending that the City Council adopt a Mitigated Negative Declaration and approve General Plan Amendment No. 2015-02, to amend the General Plan land-use designation from General Commercial (C-2) to Very High Residential Density (VH), on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, on the application of Spring Road LLC (Mike Ashley, Don Duncan); and WHEREAS, at a duly noticed public hearing on December 6, 2017, the City Council considered the agenda report for General Plan Amendment No. 2015-02 and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, the City Council has read, reviewed, and considered the proposed Mitigated Negative Declaration prepared for the project referenced above together with any comments received during the public review process and determined that, with the incorporation of changes to the project or conditions of approval to mitigate potentially significant impacts with respect to biology, hydrology, and noise issues, there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment and a Proposed Mitigated Negative Declaration has been prepared for this project. Resolution No. 2017-3647 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL FINDINGS: The City Council finds and declares as follows: A. The Mitigated Negative Declaration and Initial Study prepared for the project are complete and have been prepared in compliance with CEQA, and City CEQA Procedures. B. The Mitigation Measures have been incorporated into the project conditions of the accompanying Vesting Tentative Tract Map and Residential Planned Development. C. With the incorporation of the Mitigation Measures into the project conditions, the City Council finds on the basis of the whole record before it that there is no substantial evidence that the proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, which includes General Plan Amendment No. 2015-02; Zone Change No. 2015-03; Residential Planned Development No. 2015-02, Vesting Tentative Tract Map No. 5972; and Development Agreement No. 2015-01, will have a significant effect on the environment. D. The Mitigated Negative Declaration reflects the independent judgment of the City Council. SECTION 2. ADOPTION OF MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM: The Mitigated Negative Declaration prepared for the proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, which includes General Plan Amendment No. 2015-02; Zone Change No. 2015-03; Residential Planned Development No. 2015-02, Vesting Tentative Tract Map No. 5972; and Development Agreement No. 2015-01, along with the Mitigation Monitoring and Reporting Program, all attached as Exhibit "A" and incorporated herein, is hereby adopted. SECTION 3. APPROVAL OF GENERAL PLAN AMENDMENT: General Plan Amendment 2015-02 is approved, amending the General Plan Land Use Map as proposed in Exhibit "B" attached hereto and incorporated herein. SECTION 4. The effective date of General Plan Amendment No. 2015-02 shall be concurrent with the effective date of the Ordinance for Zone Change No. 2015-03 and the Ordinance for Development Agreement No. 2015-01, whichever occurs last. Resolution No. 2017-3647 Page 3 SECTION 5. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of December, 2017. Janice S. Parvin, Mayor ,l'111 :•* ATTEST: ;y��� 0 /I'.:< /4111 . Maureen Benson, City Clerk V �'"� • rep Exhibit A: Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Exhibit B: General Plan Amendment Map Resolution No. 2017-3647 Page 4 EXHIBIT A • CITY OF MOORPARK INITIAL STUDY 0A r 799 MOORPARK AVENUE YES MOORPARK, CA 93021 (805) 517-6200 Project Title: Spring Road LLC Case No.: RPD 2015-02, GPA 2015-02, ZC 2015-03, VTTM 5972, DA 2015-01 Contact Person and Phone No.: Mike Ashley(818) 888-1257 mike@ashleyconstructioninc.com Name of Applicant: Spring Road LLC (Mike Ashley, Don Duncan) Address and Phone No.: 5300 Whitman Road Hidden Hills, CA 91302 Project Location: 4875 Spring Road and 343 Los Angeles Avenue General Plan General Commercial (C-2) Zoning: Commercial Planned Designation: Development(CPD) Project Description: A request to develop ninety-five (95) townhouse condominium dwellings and a recreation facility on 8.25 acres, located, south of Los Angeles Avenue (Hwy 118) and west of Spring Road. The application consists of a Residential Planned Development (RPD), a tentative tract map to subdivide five parcels into one lot for condominium purposes, a General Plan Amendment (from General Commercial to Residential Very High Density and Floodway) and a Zone Change (CPD to Residential Planned Development[RPD] and Open Space [OS]). Surrounding Land Uses and Setting: North: Shopping Center, Los Angeles Avenue,Single Family Residential South: Arroyo Simi,Single Family Residential East: Spring Road,Shopping Center West: High Density Residential Responsible and Trustee Agencies: Ventura County, California Dept. of Trans. 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 Significant Impact"or"Less Than Significant With Mitigation,"as indicated by the checklist on the following pages. Aesthetics Agricultural and Forestry Resources Air Quality X Biological Resources Cultural Resources Geology/Soils Greenhouse Gas Emissions Hazards and Hazardous Materials X 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 Resolution No. 2017-3647 Page 5 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: Joseph Fiss, Planning Manager Date: October 2, 2017 Reviewed by: David A. Bobardt, Community Development Director Date: October 2, 2017 Resolution No. 2017-3647 Page 6 INITIAL STUDY EXHIBIT 1: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM 1. NOISE. A sound wall, at least eight(8) feet in height, shall be constructed along the Los Angeles Avenue and Spring Road Frontages, and adjacent to the commercially zoned property. Units in the first rows of homes by Los Angeles Avenue on both sides of the proposed driveway will require upgraded windows, as follows: a. For all first row units, first floor windows will require STC rating greater than or equal to 26. b. For all other first row units facing Los Angeles Avynue, second floor windows will require STC rating greater than or equal to 32. c. For all 3-story second row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 32. d. For all 3-story third row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 30. The mechanical ventilation system shall be capable of providing two (2) air changes per hour in habitable rooms with a minimum of 15 cubic feet per minute of outside air, per occupant. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten (10) feet of straight or curved duct or six (6) feet plus one (1) sharp 90 degree bend. Attic vents facing adjacent roadways, if app|ioob|e, should include an acoustical bofUe, or the attic floor (including the access panel) should be fully insulated to prevent vehicle noise intrusion. Monitoring Plan Check and Physical Inspection Action: Timing: Prior to issuance of Building Permit and Prior to Occupancy of Units Responsibility: Community Development Department 2. BIOLOGICAL RESOURCES. The applicant shall replace the 40 trees on the site in an amount equal to the appraised value (including the economic value of on-site wildlife and wildlife use of the trees) of the removed trees, and with native trees, as identified in the Tree Report dated December 2016. Landscaping shall include a riparian buffer with plantings consisting of like-kind plant assemblages, listed in the Tree Report. Should there not be sufficient space to replace the required trees, or sh |d appropriate trees not be ovai|ahka, the applicant shall pay to the City of Moorpark's tree replacement fund an amount equal to the difference between the appraised amount and the value of the trees planted on site. Any funds collected from this project shall be used within areas preserved as wildland open space or for enhancement of a mitigation parcel. Monitoring Community Development Director to review pre-construction landscape and Action: irrigation plan. Tim' Alandscape and irrigation plan nlustbesubmi�edand approved phorto - issuance of a Zoning Clearance for grading. Responsibility: Applicant and Community Development Department. Resolution No. 2017-3647 Page 7 At least 30 days prior to issuance of a Zoning Clearance for tree removal, nesting bird surveys shall be conducted as described in the nesting birds survey protocols and guidelines located at https://www.wildlife.ca.gov/Conservation/Survey-Protocols. An ornithologist familiar with local avian species shall conduct the surveys. The survey shall include adequate protection measures to prevent impacts to nesting birds during construction. Nesting birds have the potential to be impacted directly, or indirectly, by construction noise, dust, or vibration. These measures shall be incorporated into the project. Monitoring Community Development Director to review pre-construction nesting bird Action: survey. Timing: At least thirty days prior to issuance of zoning clearance for tree removal. Responsibility: Community Development Department If the project requires any activity which will substantially divert or obstruct the natural flow, or change the bed, channel, or bank (which may include associated riparian resources) of a river or stream or use material from a streambed, the Project applicant shall provide written notification to CDFW pursuant to Section 1602 of the Fish and Game Code prior to undertaking such activity. The applicant shall obtain any permit as required by the California Department of Fish and Wildlife. Monitoring Community Development Director and City Engineer/Public Works Director to Action: review grading and construction plans Timing: At least thirty days prior to issuance of zoning clearance for grading permit Responsibility: Community Development Department and Public Works Department 3. HYDROLOGY AND WATER QUALITY. The project shall comply with Chapter 15.24 (Floodplain Management) of the Moorpark Municipal Code. The applicant shall make necessary improvements to the site and/or the Arroyo Simi channel so that the site will no longer be a flood hazard. Drainage and flood control devices shall be provided in compliance with City and National Pollutant Discharge Elimination System (NPDES) requirements. The applicant shall apply for and receive a CLOMR (Conditional Letter of Map Revision)from FEMA prior to any grading activity in the 100'year floodplain. The applicant shall comply with all of the requirements of the CLOMR. In accordance with District Ordinance WP-2, it is the Ventura County Watershed Protection District's standard that a Project can not impair, divert, impede or alter the characteristics of the flow of water running in any jurisdictional redline channel or facility. To the extent that development,impacts District channels and facilities, compliance with District criteria is required. In such cases engineering studies should verify compliance with District hydrology data and flood studies. In addressing peak attenuation, stormwater runoff after development must be mitigated so as not to exceed the peak flow under existing conditions for any frequency of storm event(10-, 25-, 50-, and 100-year). The Project Proponent is required to submit to the Ventura County Watershed Protection District for its review and approval a drainage report documenting how the Project complies with District requirements for mitigation for both the Arroyo Simi. The drainage report documenting how mitigation will be provided shall follow the VCWPD GUIDE FOR HYDROLOGiC AND HYDRAULIC STUDY REPORTS. The District's methods for calculating the design hydrology for the Project are contained in the 2010 Design Hydrology Manual. Monitoring Inspect drainage and flood control improvements to the Arroyo Simi and/or the Action: site as recommended by the hydrology study and for compliance with NPDES. Timing: During grading and prior to dwelling construction. Responsibility: Public Works Department, Community Development Department, Federal Emergency Management Agency Resolution No. 2017-3647 Page 8 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. ml. , ':47 • 7c f *ate Resolution No. 2017-3647 Page 9 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated 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 x would adversely affect day or nighttime views in the area? Response: The Site is not located within an identified scenic corridor and there are no scenic resources on site. Normal street lighting and residential light sources will not have a significant impact on vistas and will be evaluated and be consistent with the City's lighting ordinance. If approved, the buildings will be three stories, with an overall height of approximately 37 feet. Third story windows will extend to a height of approximately 29 feet. The applicant is proposing to align the buildings on the west side with an east-west driveway alignment, the same as the adjacent Ivy Lane homes. This creates a situation where the 3 story homes are immediately adjacent to 2 story homes of approximately 28 feet in height. This has the potential to substantially degrade the existing visual character or quality of the site and its surroundings. Architecture, window sizes and locations, and landscaping will be evaluated for consistency with City standards. Units adjacent to existing residential property have been designed to have clerestory windows at least six feet above the finished floor level on the elevations adjacent to existing residential property. Sources: Project Application and exhibits (11/17/15), General Plan Land Use Element(1992). Mitigation: None required. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, lead agencies 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 x 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 X Williamson Act contract? Resolution No. 2017-3647 Page 10 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 3) Involve other changes in the existing environment X which, due to their location or nature, could result in conversion of Farmland,to non-agricultural use? Response: This is an infill project, is in an urban setting and does not affect agricultural resources. Historically, this site was used for commercial and storage purposes. The Ventura County Important Farmland Map classifies the site as"Urban and Built-Up land. Sources: Project Application and exhibits (11/17/15), California Dep't of Conservation: Ventura County Important Farmland Map(2000) Mitigation: None required. C. AIR QUALITY — Where available, the significant criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. 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 X any 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: The project is estimated to result in approximately 6.15 tons of Nitrogen Oxides (NOx) per year and 4.93 tons of Reactive Organic Gases in its first year, mostly from vehicle trip emissions. The level for NOx exceeds suggested thresholds of the Ventura County Air Pollution Control District of 25 lbs. per day. A Standard Condition of Approval has been added as part of the project for the developer to pay a contribution to the City's Air Quality fund, reducing this impact to a less than significant level. No additional mitigation is needed. The Ventura County Air Pollution Control District provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on air quality(attached). Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines(2003). Mitigation: None Required. Resolution No. 2017-3647 Page 11 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact D. BIOLOGICAL RESOURCES—Would the project: 1) Have a substantial adverse effect, either directly or x 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 x 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 x wetlands as defined by Section 404 of the Clean Water Act (including, 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 x 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) Conflict with any local policies or ordinances protecting x biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat x Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Response: Due to the highly disturbed urban setting of the site, there are minimal adverse effects to biological resources. This project does propose the removal of mature trees, both native and non-native from the site, requiring mitigation in accordance with the Chapter 12.12 of the Moorpark Municipal Code. The California Department of Fish and Wildlife provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources (attached). Mitigation Measures have been amended to incorporate these recommendations. Sources: Horticultural Tree Report/Project Application and exhibits (11/17/15), California Department of Fish and Game: Natural Diversity Data Base-Moorpark and Simi Valley Quad Sheets (1993). Resolution No. 2017-3647 Page 12 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mitigation: The applicant shall replace the 40 trees on the site in an amount equal to the appraised value (including the economic value of on-site wildlife and wildlife use of the trees) of the removed trees, and with native trees, as identified in the Tree Report dated December 2015. Landscaping shall incorporate an onsite riparian buffer with plantings consisting of like-kind plant assemblages, listed in the Tree Report The buffer shall be within the common area landscaping adjacent to Parcel X. Should there not be sufficient space to replace the required trees, or should appropriate trees not be avai|ab|e, the applicant shall pay to the City of Moorpark's tree replacement fund an amount equal to the difference between the appraised amount and the value of the trees planted on site. Any funds collected from this project shall be used within areas preserved as wildland open space or for enhancement of a mitigation parcel. At least 30 days prior to issuance of a Zoning Clearance for tree nemVva|, nesting bird surveys shall be conducted as described in the nesting birds survey protocols and guidelines located at https://www.wildlife.ca.gov/Conservation/Survey-Protocols. An ornithologist familiar with local avian species shall conduct the surveys. The survey shall include adequate protection measures to prevent impacts to nesting birds during construction. Nesting birds have the potential to be impacted directly, or |ndinoot|y, by construction no|se, dust, or vibration. These measures shall be incorporated into the pject. If the pjactnyquineaonymotivdvwhichxi|| eubotanUa||ydivertorobstnuntUlensduna|floxvor change the bed, nhanno|, or bank (which may include associated riparian resources) of a river or stream or use material from a streambed, the Project applicant shall pnov|dexvhtton notification to CDFW pursuant to Section 1602 of the Fish and Game Code prior to undertaking such activity. The applicant shall obtain any permit as required by the California Department of Fish and Wildlife. E. CULTURAL RESOURCES—Would the pject: 1) Cause a substantial adverse change in the significance X of 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 � resource or site or unique geologic feature? 4) Disturb any human remoins, including those interred outside of formal cemeteries? � Response: Due to the highly disturbed urban setting of the site, there are minimal adverse effects to cultural resources. There are no known or expected cultural resources on the pject site. Sources: Project Application and exhibits(11/17/15) Mitigation: None required. Resolution No. 2017-3647 Page 13 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 X 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? X iii)Seismic-related ground failure, including liquefaction? X iv)Landslides? X 2)Result in substantial soil erosion or the loss of topsoil? X 3) Be located on a geologic unit or soil that is unstable, or X 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 X of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Response: This project will be built subject to compliance with building codes and compliance with all project conditions of approval. All plans will be subject to the review and approval of the City prior to issuance of building permits. The site is not located in an earthquake fault zone. The site is, however, located in a liquefaction hazard zone; therefore, geotechnical measures will be incorporated into the project design as required by the Seismic Hazards Mapping Act. Sources: Project Application and exhibits (11/17/15), Alquist-Priolo Earthquake Fault Zone Map (Simi Valley West, 1999), Seismic Hazard Zone Map (Simi Valley, 1997) General Plan Safety Element(2001). Mitigation: None required. Resolution No. 2017-3647 Page 14 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact G. GREENHOUSE GAS EMISSIONS—Would the project: 1) Generate greenhouse gas emissions, either directly or X indirectly, that may have a significant impact on the environment? 2) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X Response: The Ventura County Air Pollution Control District has not yet adopted any approach to setting a threshold of significance for land use development projects in the area of project greenhouse gas emission. The project will generate less than significant impacts.to regional and local air quality and the project will be subject to a conditions approval to ensure that all project construction and operations shall be conducted in compliance with all APCD Rules and Regulation. Furthermore, the amount of greenhouse gases anticipated from the project will be a small fraction of the levels being considered by the APCD for greenhouse gas significant thresholds and far below those adopted to date by any air district in the state. Therefore, the project specific and cumulative impacts to greenhouse gases are less than significant. Sources: Project Application and exhibits (11/17/15), Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines(2003). Mitigation: None Required. H. 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? Resolution No. 2017-3647 Page 15 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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) 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, nor will new hazards be created as a result of the project. Sources: Project Application and exhibits (11/17/15), General Plan Safety Element(2001) Mitigation: None required. I. HYDROLOGY AND WATER QUALITY—Would the project: 1) Violate any water quality standards or waste discharge x requirements? 2) Substantially deplete groundwater supplies or interfere x 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 x 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 x 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 x capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6)Otherwise substantially degrade water quality? x 7) Place housing within a 100-year flood hazard area as x 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 x which would impede or redirect flood flows? Resolution No. 2017-3647 Page 16 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 9) Expose people or structures to a significant risk of loss, x injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 10)Inundation by seiche,tsunami,or mudflow? Response: The site is partially within a within a FEMA identified 100-year flood hazard area. On site grading and improvements may affect existing drainage patterns. The Project Site is located immediately north and adjacent to the Arroyo Simi which is a Ventura County Watershed Protection District (District)jurisdictional redline channel which is regulated under Watershed Protection District Ordinance WP-2 enacted October 13, 2013. The proposed development will generate a significant amount of impervious surface area as well as drainage connections to the Arroyo Simi. The Ventura County Watershed Protection District (Groundwater Resources and Watershed Planning and Permits Divisions) provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on hydrology and water quality(attached). Sources: Grade Drainage Study/Preliminary Geologic and Geotechnical Engineering Study/Project Application (3/14/03), Ventura County Watershed Protection District, General Plan Safety Element(2001), Moorpark Municipal Code. Mitigation: The project shall comply with Chapter 15.24 (Floodplain Management) of the Moorpark Municipal Code. The applicant shall make necessary improvements to the site and/or the Arroyo Simi channel so that the site will no longer be a flood hazard. Drainage and flood control devices shall be provided in compliance with City and National Pollutant Discharge Elimination System (NPDES) requirements. The applicant shall apply for and receive a CLOMR (Conditional Letter of Map Revision) from FEMA prior to any grading activity in the 100 year floodplain. The applicant shall comply with all of the requirements of the CLOMR. In accordance with District Ordinance WP-2, it is the Ventura County Watershed Protection District's standard that a Project cannot impair, divert, impede or alter the characteristics of the flow of water running in any jurisdictional redline channel or facility. To the extent that development impacts District channels and facilities, compliance with District criteria is required. In such cases engineering studies should verify compliance with District hydrology data and flood studies. In addressing peak attenuation, stormwater runoff after development must be mitigated so as not to exceed the peak flow under existing conditions for any frequency of storm event(10-, 25-, 50-, and 100-year). The Project Proponent is required to submit to the Ventura County Watershed Protection District for its review and approval a drainage report documenting how the Project complies with District requirements for mitigation for the Arroyo Simi. The drainage report documenting how mitigation will be provided shall follow the VCWPD GUIDE FOR HYDROLOGIC AND HYDRAULIC STUDY REPORTS. The District's methods for calculating the design hydrology for the Project are contained in the 2010 Design Hydrology Manual. Resolution No. 2017-3647 Page 17 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact J. 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: The Tentative Tract Map and Residential Planned Development Application were filed concurrently with a General Plan Amendment and Zone Change. The applications and plans are internally consistent and, if approved, will not conflict with any other plans. The project is consistent with the goals and policies of the General Plan. Sources: Project Application and exhibits (11/17/15), General Plan Land Use Element(1992) Mitigation: None required. K. MINERAL RESOURCES—Would the project: 1) Result in the loss of availability of a known mineral X 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: There are no known mineral resources on site. Sources: Project Application and exhibits (11/17/15), General Plan Open Space, Conservation, and Recreation Element(1986) Mitigation: None required. L. NOISE—Would the project result in: 1) Exposure of persons to or generation of noise levels in X 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 X groundborne vibration or groundborne noise levels? 3)A substantial permanent increase in ambient noise levels X in the project vicinity above levels existing without the project? Resolution No. 2017-3647 Page 18 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 4) A substantial temporary or periodic increase in ambient x noise levels in the project vicinity above levels existing without the project? 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 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 x the project expose people residing or working in the project area to excessive noise levels? Response: There will be a temporary increase in noise during grading and construction. Noise generators will be required to comply with the City's Noise Ordinance and allowed hours of construction. Future residents on site may be subject to excessive noise levels from traffic on Los Angeles Avenue and Spring Road. Sources: Noise Study/Project Application and exhibits(11/17/15), General Plan Noise Element(1998) Mitigation: A sound wall, at least eight (8) feet in height on the project side, shall be constructed along the Los Angeles Avenue and Spring Road Frontages, and adjacent to the commercially zoned property. Units in the first rows of homes by Los Angeles Avenue on both sides of the proposed driveway will require upgraded windows, as follows: A. For all first row units, first floor windows will require STC rating greater than or equal to 26. B. For all other first row units facing Los Angeles Avenue, second floor windows will require STC rating greater than or equal to 32. C. For all 3-story second row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 32. D. For all 3-story third row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 30. The mechanical ventilation system shall be capable of providing two (2) air changes per hour in habitable rooms with a minimum of 15 cubic feet per minute of outside air, per occupant. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten (10) feet of straight or curved duct or six (6) feet plus one (1) sharp 90 degree bend. Attic vents facing adjacent roadways, if applicable, should include an acoustical baffle, or the attic floor (including the access panel) should be fully insulated to prevent vehicle noise intrusion. Resolution No. 2017-3647 Page 19 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact M. 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? - Response: This project will have a beneficial impact of helping to achieve housing goals in support of the Housing Element of the General Plan. There will be no negative impacts related to population growth or housing. Sources: Project Application and exhibits(11/17/15) Mitigation: None required. N. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemmental 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. Development fees and increased property taxes will be paid to fund required public services. Sources: Project Application and exhibits (11/17/15), General Plan Safety Element (2001), General Plan Open Space, Conservation, and Recreation Element(1986) Mitigation: None required. Resolution No. 2017-3647 Page 20 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact O. 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? Response: On site recreational facilities are proposed. Park and recreation fees will be paid. Sources: Project Application and exhibits (11/17/15), General Plan Open Space, Conservation, and Recreation Element(1986) Mitigation: None required. P. TRANSPORTATIONITRAFFIC—Would the project: 1) Conflict with an applicable plan, ordinance or policy X establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? 2) Conflict with an applicable congestion management X program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either X 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 X (e.g., sharp curves or dangerous intersections) or incompatible uses(e.g.,farm equipment)? 5)Result in inadequate emergency access? X 6)Result in inadequate parking capacity? X 7) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Resolution No. 2017-3647 Page 21 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: The proposed project will not reduce the level of service (LOS) of intersections in the area. Access to the site will be provided from the Los Angeles Avenue and Spring Road. Adequate parking will be provided on site, including within garages, driveways and on public and private streets. The Project will pay Los Angeles Avenue Area of Contribution Fees in effect at the time to fund core improvements to the Los Angeles Avenue corridor. The Project will pay a Citywide Traffic Mitigation Fee of Twelve Thousand Five Hundred Dollars ($12,500.00) per residential unit, adjusted annually commencing January 1, 2019 in order to fund street improvements to mitigate its cumulative contribution to traffic throughout Moorpark. In addition, project will be subject to the County Traffic Impact Mitigation Fee Agreement. The County of Ventura Public Works Agency Transportation Department provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on transportation and traffic(attached). The California Department of Transportation provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on transportation and traffic(attached). Sources: Project Application and exhibits(11/17/15), General Plan Circulation Element(1992) Mitigation: None Q. UTILITIES AND SERVICE SYSTEMS—Would the project: 1) Exceed wastewater treatment requirements of the x applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or x wastewater treatment facilities or expansion of existing - facilities, the construction of which could cause significant environmental effects? 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? Resolution No. 2017-3647 Page 22 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 7) Comply with federal, state, and local statutes and x regulations related to solid waste? Response: Utilities and service systems within the area are adequate to serve the project. Development • fees will be paid to fund required utilities and service systems, or they will be provided by the developer. Sources: Project Application and exhibits (11/17/15), Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater Quality Control Measures(2002). Mitigation: None required. R. MANDATORY FINDINGS OF SIGNIFICANCE 1)Does the project have the potential to degrade the quality x 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 x 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 x cause substantial adverse effects on human beings, either - directly or indirectly? Response: This is an infill project on a substantially disturbed site within an urban setting. Sources: See below. Resolution No. 2017-3647 Page 23 Earlier Environmental Documents Used in the Preparation of this Initial Study None Additional Project References Used to Prepare This Initial Study 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. 1. Environmental Information Form application and materials submitted 11/17/15. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 2004-2224. 6. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. 7. Ventura County Air Quality Assessment Guidelines, October 31, 2003. Attachments: Correspondence from Ventura County Air Pollution Control District Correspondence from California Department of Fish and Wildlife Correspondence from Ventura County Watershed Protection District—Groundwater Resources Correspondence from Ventura County Watershed Protection District—Watershed Planning and Permits Correspondence from County of Ventura Public Works Agency Transportation Department Correspondence from California Department of Transportation Resolution No. 2017-3647 Page 24 VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT Memorandum TO: Joseph Fiss,Economic Development and Planning Manager,City of Moorpark DATE: November 2,2017 FROM: Alicia Stratton SUBJECT: Request for Review of Mitigated Negative Declaration for Development Agreement 2015-01,City of Moorpark(RMA Reference No. 17-022) Air Pollution Control District staff has reviewed the subject Mitigated Negative Declaration(MND),which is a proposal for a 95-unit condominium project on 8.25 acres. The project location is the south side of Los Angeles Avenue,West of Spring Road and north of Arroyo Simi in the city of Moorpark. Page 3 of the MND addresses air quality issues. This discussion indicates that air quality impacts from the project would be greater than the 25 lbs/day threshold of NOx and that a standard condition of approval has been added to the project for the developer to pay a contribution to the City's Air Quality fund,thereby reducing this impact to a less than significant level. The discussion also indicates that the project is estimated to result in approximately 6.15 tons of NOx per year and 4.93 tons per year of ROG. We are aware that the City of Moorpark assesses annual air pollution impacts,not daily emissions. Please note that Ventura County Air Pollution Control District's air thresholds for significance of development projects is 25 pounds per day for reactive organic compounds(ROG)and oxides of nitrogen(NOx)as described in the Ventura County Air Quality Assessment Guidelines;according to this measurement,the project as described would not exceed this daily threshold for these pollutants. And although the discussion also indicates that no additional mitigation is needed,the District recommends the following conditions be placed on the project to help minimize fugitive dust,particulate matter and creation of ozone precursor emissions that may result from the project: 1. The area disturbed by clearing,grading,earth moving,or excavation operations shall be minimized to prevent excessive amounts of dust; 2. Pre-grading/excavation activities shall include watering the area to be graded or excavated before commencement of grading or excavation operations. Resolution No. 2017-3647 Page 25 Application of water should penetrate sufficiently to minimize fugitive dust during grading activities; 3. Signs shall be posted onsite limiting traffic to 15 miles per hour or less. 4. All clearing,grading,earth moving,or excavation activities shall cease during periods of high winds(i.e.,wind speed sufficient to cause fugitive dust to impact adjacent properties). During periods of high winds,all clearing,grading,earth moving,and excavation operations shall be curtailed to the degree necessary to prevent fugitive dust created by onsite activities and operations from being a nuisance or hazard,either offsite or onsite. 5. Personnel involved in grading operations,including contractors and subcontractors,should be advised to wear respiratory protection in accordance with California Division of Occupational Safety and Health regulations;and, 6. Signs displaying the APCD Complaint Line Telephone number for public complaints shall be posted in a prominent location visible to the public off the site:(805)645-1400 during business hours and(805)654-2797 after hours. Thank you for the opportunity to review this project. If you have any questions,please call me at(805)645-1426 or email alicia@vcapcd.org. 1 Resolution No. 2017-3647 Page 26 State of California—Natural R'-'4ources Agency EC 1ND G.BROWN JR.,Governor y°"�� DEPARTMENT OF FISH A eb WILDLIFE G RLTON H.BONHAM,Director f IIIF South Coast Region 3883 Ruffin Road San Diego,CA 92123 (858)467-4201 www.wildlife.ca.ciov October 31,2017 Mr.Joseph Fiss Economic Development and Planning Manager City of Moorpark-Community Development Department 799 Moorpark Avenue Moorpark,CA 93021 jfiss@moorpark.gov Subject: General Plan Amendment No.2015-02,Zone Change No.2015-03, Residential:Planned Development No.2015-02,Vesting.Tentative Tract Map No.5972,and Development Agreement No.2015-01,a 95-Unit Townhouse Condominium Project on 8.25 acres(Project)SCH:No.2017101005 Dear Mr. Fiss: The California Department of Fish and Wildlife(CORN)received a Notice of Intent to Adopt a Mitigated Negative Declaration(MND)circulated by the City of Moorpark(Lead Agency).The Lead Agency's MND is for General Plan Amendment No.2015-02,Zone Change No.2015-03, Residential Planned Development No.2015-02,Vesting Tentative Tract Map No.5972,and Development Agreement No.2015-01,a 95-Unit Townhouse Condominium Project on 8.25 acres(Project),pursuant to the California Environmental Quality Act(CEQA)and CEQA Guidelines. Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife.Likewise,we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW,by law,may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code. CDFW ROLE CORN is California's Trustee Agency for fish and wildlife resources,and holds those resources in trust by statute for all the people of the state. (Fish&G.Code,§§711.7,subd. (a)&1802; Pub.Resources Code,§21070;CEQA Guidelines§15386,subd.(a)).CDFW,in its trustee capacity, has jurisdiction over the conservation, protection,and management of fish,wildlife, native plants,and habitat necessary for biologically sustainable populations of those species (Id.,§1802). Similarly,for purposes of CEQA,the law charges CDFW to provide as available, biological expertise during public agency environmental review efforts,focusing specifically on projects and related activities that have the potential to adversely affect fish and wildlife resources. CDFW is also submitting comments as a Responsible.Agency under CEQA, (Pub.Resources Code,§21069;CEQA Guidelines,§15381).CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code.As proposed,for example,the Project may be subject to CDFW's lake and streambed alteration regulatory authority,(Fish& Conserving California's Wilcllfe Since 1870 Resolution No. 2017-3647 Page 27 Mr.:)oseph Fiss City of Moorpark October 31,2017 Page 3 of 6 Specific impact:The loss of 40 trees on-site and the associated benefit that on-site trees provide to local avian species for nesting habitat be considered a permanent impact. The Lead Agency methodology for determining the appraised value,nor the appraised value of the 40 trees is disclosed in the MND.The Lead Agency's MND also indicates that if the Project cannot incorporate trees equal to the appraised value,the City of Moorpark is to receive compensation for the loss of the appraised value of the trees. Why impact would.occur:Trees identified in a 2015 Tree Report for removal to develop the Project as proposed. Evidence impact would be significant The proposed Project site is currently a semi- disturbed Open Space with several trees and shrubs,and several small and infrequently used structures.The Lead Agency's MND states that the applicant shall remove 40 trees on the site. If sufficient space does,not exist to mitigate theremoval of the trees the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site.The transference of monies between the applicant and the Lead Agency does not mitigate the significance of the impacts,as this would be considered deferred mitigation,which does not avoid,minimize, or fully offset Project-related impacts. Recommended Potentially Feasible Mitigation Measure(s) Mitigation Measure#1:To minimize significant impacts:The Project site is just north of the Arroyo Simi;a perennial stream with a large riparian area,which provides a significant habitat resource to locally occurring aquatic and,terrestrial species.CDFW recommends trees be replaced with native species local to the area. In addition,if sufficient space does not exists on- site,the remaining trees should be planted acijacent to the Project,or off-site to enhance the riparian buffer between the Project site and the Arroyo Simi.Trees could also be placed within areas preserved as wildland Open Space,or the Lead Agency could propose acquisition and enhancement of a mitigation parcel of sufficient size to incorporate the remaining number of replacement trees. Mitigation Measure#2:To minimize significant impacts: CDFW recommends the Lead Agency include the economic value of on-site wildlife and wildlife use of the trees when determining the appraisal values of the trees. II.Environmental Setting and Related Impact Shortcoming Issue#1:There does not appear to have been any nesting bird surveys conducted,or proposed nesting bird surveys, prior to the removal of the 40 trees on the Project site. Additionally,the'MND does not state when the removal of these trees will occur. Specific impact:The loss of the 40 trees,if not replaced on-site,would be a permanent significant impact to locally occurring native nesting birds. Why impact would occur: Trees have been identified in a 2015 Tree Report for removal to develop the Project as proposed. Evidence impact would be significant:The Riparian area of the Arroyo Simi is a probable location for many species of native aquatic and terrestrial species,especially nesting birds.In Resolution No. 2017-3647 Page 28 Mr. Joseph Fiss City of Moorpark October 31,2017 Page 4 of 6 the absence of any surveys conducted by the applicant, it is unknown if locally occurring bird species using the Arroyo Simi riparian area are also using trees on the adjacent,proposed Project site as nesting habitat. Recommended Potentially Feasible Mitigation Measure(s) Mitigation Measure#1:To minimize significant impacts:CDFW recommends mitigation of impacts to the 40 trees include establishing a buffer of herbaceous plants and shrubs between the Project site and adjacent the Arroyo Simi Riparian area and Arroyo Simi Floodplain.These plantings should consist of like-kind plant assemblages,listed in the MND 2015 Tree Report. Establishment of the buffer would minimize edge effects and the movement of non-native weeds and Argentine ants into the adjacent open space and riparian area of the Arroyo Simi(Holway, Suarez,and Case,2002; Porensky,and Truman 2013;Simberloff,et al.,2013). Mitigation Measure#2:To minimize significant impacts:CDFW recommends nesting bird surveys be conducted as described in the nesting birds survey protocols and guidelines located at https://www.wildlife.ca.gov/Conservation/Survey-Protocols.An ornithologist familiar with local avian species should conduct the surveys. Survey findings should be disclosed to decision- makers prior to adoption of the MND,as the results may influence the need for additional avoidance,minimization,and mitigation measures.Additional nesting bird surveys should be conducted prior to any ground disturbing or vegetation removal activities. Mitigation Measure#3:To minimize significant impacts:CDFW recommends the Lead Agency's MND include adequate protection measures to prevent impacts to nesting birds during construction.Nesting birds have the potential to be impacted directly,or indirectly,by construction noise,dust,or vibration.Nests missed during pre-project surveys could lead to nest abandonment during Project implementation. CDFW recommends avoiding the nesting bird season,which generally runs from February 1st through September 1st(as early as January 1st for some raptors),for all Project-related activities,to avoid take of birds or their eggs.Migratory nongame native bird species are protected by international treaty under the Federal Migratory Bird Treaty Act(MBTA)of 1918 (Title 50,§10.13,Code of Federal Regulations). Additionally,Sections 3503,3503.5,and 3513 of the California Fish and Game Code prohibit take of all birds and their active nests including raptors and other migratory non-game birds(as listed under the Federal MBTA). If avoidance of the avian breeding season is not feasible,CDFW recommends the Lead Agency develop a nesting bird's management plan,submitted to CDFW for review,prior to ground disturbing or vegetation removal. All Project personnel,including contractors working on-site, should be provided a copy of the nesting bird's management plan,and instructed how to avoid nests and nest buffer areas. Reductions in the nest buffer distance may be appropriate depending on the avian species involved,ambient levels of human activity,screening vegetation,or possibly other factors. Issue#2:The Arroyo Simi,a perennial stream adjacent to the Project site,has the potential to support a wide variety of state-listed,state species of special concern,and native aquatic and terrestrial species.Project modifications may affect the hydrology of the Arroyo Simi stream,as well as its functions and values;consequently,it may become uninhabitable for local fish and wildlife species. Resolution No. 2017-3647 Page 29 • Mr.'Joseph Fiss City of Moorpark October 31,2017 Page 5 of 6 Specific impact:Without a hydrology report,it is not possible for CDFW to assess potential impacts from runoff of impervious surfaces from the Project site that empty into the Arroyo Simi. Why impact would occur:The Project would create 8.25 acres of newly constructed impervious surfaces. Recommended Potentially Feasible Mitigation Measure(s) Mitigation Measure#1:To minimize significant impacts:CDFW acknowledges that the Lead • Agency will transfer through deed title those portions north of the Project site known as the. Arroyo Simi Floodplain,Arroyo Simi Riparian Corridor,and Arroyo Simi Stream,to a • conservation entity to manage and preserve in perpetuity(Arroyo Simi Open Space)for wildlife resources.CDFW reoommends that the Lead Agency require the Project applicant to provide an endowment,sufficient to manage this area within the Arroyo Simi Open Space,for a 50-year management period.The endowment should be used by the conservation entity for fencing(if necessary),weed management(a weed management plan should be contracted between the Lead Agency and conservation entity),trash removal,and miscellaneous person hours required to properly manage this area within the Arroyo Simi Open Space for the highest habitat value possible for aquatic and terrestrial species. Mitigation Measure#2:To minimize significant impacts:CDFW has regulatory authority with regard to activities occurring in streams and/or lakes that could adversely affect any fish or wildlife resource.For any activity that will substantially divert or obstruct the natural flow,or change the bed,channel,or bank(which may include associated riparian resources)of a river or stream or use material from a stream bed,the Project applicant must provide written notification to CDFW pursuant to Section 1602 of the Fish and Game Code.Based on this notification and other information CDFW then determines whether a Lake and Streambed Alteration(LSA)Agreement is required.CDR/V's issuance of an LSA Agreement is a project subject to CEQA.To facilitate issuance of a LSA Agreerrient,if necessary,the environmental document should fully identify the potential impacts to the lake,stream or riparian resources and provide adequate avoidance,mitigation,monitoring and reporting commitments for issuance of the LSA Agreement.Early consultation is recommended,since modification of the proposed project may be required to avoid or reduce impacts to fish and wildlife resources.Again,the failure to include thisanalysis in the Project's environmental document could preclude CDFW from relying on the Lead Agency's analysis to issue a LSA Agreement without CDFW first conducting its own,separate Lead Agency subsequent or supplemental analysis for the Project. Information on submitting a Notification for a LSA Agreement,the current fee schedule,and timelines required in obtaining an Agreement and found using the following URL: https://www.wildlife.ca.crov/Conservation/LSA. ENVIRONMENTAL DATA CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database,which may be used to make subsequent or supplemental environmental determinations(Pub.Resources Code,§21003,subd(e)). Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Database(CNDDB).The CNNDB field survey form located at the following link:http://www.dfg.ca.govibiogeodata/cnddb/pdfs/CNDDB_ FieldSurveyForm.pdf.The completed form mailed electronically to CNDDB at the following Resolution No. 2017-3647 Page 30 poteCtid Ventura County Watershed Protection District Groundwater Resources MEMORANDUM DATE: October 31,2017 DUE DATE: 11-2-17 TO: Anthony Ciuffetelli,RMA/Planning IEDR Coordinator FROM: David J.Panaro,P.G,Water Resources Specialist 14.` or VIA: Kimball R. Loeb,PG,CEG,CHG,Groundwater Manage ! SUBJECT: RMA Ref.#17-022,RPD No.2015-02,City of Moorpark The Ventura County Watershed Protection District(VCWPD) Groundwater Resources Section completed a preliminary review of a Notice of Intent to adopt a Mitigated Negative Declaration to effect a General Plan Amendment (No. 2015-02), Zone Change(No. 2015-03), Residential Planned Development (No. 2015-02), Vesting Negative Tract Map (Map No. 5972), and Development Agreement(No.2015-01),for a proposed 95-unit townhouse condominium project on 8:25 acres within the City of Moorpark. In accordance with the County of Ventura Initial Site Assessment Guidelines(ISAG)we are providing the following comments: PROJECT LOCATION The proposed project will be located between Los Angeles Avenue on the north,Spring Road on the east, and the southern edge of Arroyo Simi to the south.Single family home lots abut the project's eastern boundary. Two current legal parcels (506-0-020-570 and 506-0-020-640 at 1.430 and 6.816 acres respectively)will be combined to make up the 8.25 gross acre project.site. A good portion of the project is unbuildable where the County holds a permanent water course easement (Right-of-Way 10004.023E)through which the Arroyo Simi channel presently flows. Additional land area will likely be taken up by construction of a Stormwater Retention Basin along the northern boundary of the County easement as a typical mitigation necessary to control site runoff, loss of land surface permeability(groundwater recharge),and to mitigate any additional increases to the existing design channel maximum flow volume capacity. GROUNDWATER ISSUES The County of Ventura does not have any records indicating the presence of water wells on the proposed site. As identified in the Notice of Intent to adopt a Mitigated Negative Declaration potential impacts and mitigations checklist,the proposed development will generate a significant amount of impervious surface runoff, This impedes infiltration of precipitation and groundwater recharge and can be cumulatively significant.The District recommends the finding for Section I. Hydrology and Water Quality, Impact Item 2 be changed from "No Impact' to "Less-than- Significant". CC:K:1Programs\Groundwater\Project Reviews\RMA 17-022 City of Moorpark 95-Unit Townhouses Resolution No. 2017-3647 Page 31 VENTURA COUNTY WATERSHED PROTECTION DISTRICT WATERSHED PLANNING AND PERMITS DIVISION 800 South Victoria Avenue,Ventura, California 93009 Sergio Vargas, Deputy Director—(805)650-4077 MEMORANDUM DATE: October 31,2017 TO: Anthony Ciuffetelli, RMA Planning/EDR Coordinator FROM: Sergio Vargas, Deputy Director SUBJECT: RMA Ref#17-022 NOP to Adopt MND, Spring Rd. LLC TTM 5972 APN: 506002064,506002057 Zone 3 Watershed Protection District Project Number:WC2017-0070 INCOMPLETE Pursuant to your request for comments of Notice of Intent to Adopt a Mitigated Negative Declaration,dated October 5,2017,this office appreciates the opportunity to review and comment on the submitted materials and provides the following comments. PROJECT LOCATION: South side of Los Angeles Avenue(SR-118), west of Spring Road and north of Arroyo Simi(4875 Spring Road and 384 Los Angeles Avenue) PROJECT DESCRIPTION: A request to develop ninety-five(95)townhouse condominium dwellings and a recreation facility on 8.25 acres, located, south of Los Angeles Avenue (Hwy118) and west of Spring Road. The application-consists of a Residential Planned Development(RPD), a tentative tract map to subdivide five parcels into one lot for condominium purposes, a General Plan Amendment (from General Commercial to Residential Very High Density and Floodway)•and a Zone Change (CPD to Residential Planned Development [RPD] and Open Space[OS]). APPLICATION COMPLETENESS: INCOMPLETE-from our area of concern. WATERSHED PROTECTION DISTRICT COMMENTS: Comments from Advanced Planning Section: 1. The project proposes a 48" RCP storm drain connection into the Arroyo Simi channel and District facility approximately 400 feet west of Spring Road. Please indicate who will be responsible for the proposed storm drain connection. The Resolution No. 2017-3647 Page 32 Page 2 of 4 October 31,2017 RMA Ref#17-022 NOP to Adopt MND,Spring Rd.LLC proposed connection will require an encroachment permit from the Watershed Protection District in accordance with WP-2 Ordinance. The design of the proposed storm drain connection shall comply with Ventura County Watershed Protection Standards of Design. 2. In the submitted October 26,2015 Drainage Report for TTM 5972 at 4875 Spring Road by Delane Engineering,the H&H calculations are mostly focused on internal drainage issues. There is an absence of a detailed discussion of the effects of external flood control impacts in the drainage report. Based on the information provided in the report,there are several impacts the project has yet to adequately address as result of the proposed fill in the floodplain and they are as follows:The channel flood flow and velocity are being increased,the FEMA Regulatory Floodway is being encroached on by development and the storage volume in the floodplain is being decreased. Per District Ordinance WP-2,Section 202, "No person shall do or commit or cause to be done or committed any of the following described acts without first obtaining a written permit from the District: "....(c)Alter the surface of land by construction, excavation, embankment or otherwise, so as to alter the capacity of a watercourse or the characteristics of the flow of water therein...." The proposed development is altering the characteristics of flow in the channel by the proposed fill in areas of existing floodplain and floodway,therefore,the project shall include mitigation measures to address impacts to existing channel as result of the proposed fill in accordance with WP-2 Ordinance. For instance,after full development,the Arroyo Simi flood control system will lose flood storage during a 1%flood event. The increased volume in the channel will increase flow velocity, increase erosion, potentially increasing channel maintenance costs. Please analyze and create a mitigation plan for handling potential impacts of loss in flood storage volume,increase in velocity and erosion. 3. The study shall identify and quantify the natural flood storage being impacted by the project. Please submit a revised drainage report and submit to District for review and approval, including proposed mitigation measures. Please be aware that the natural floodplain plays an important role in flood control and flood attenuation and is an integral part of the system hydrology. Developments within floodplains diminish the storm water storage functions of floodplains and may have negative hydrologic impacts.The hydrologic impacts of an individual development may be small relative to the size of the hydrologic system, but the cumulative impacts can be significant. Resolution No. 2017-3647 Page 33 Page 3 of 4 October 31,2017 RMA Ref#17-022 NOP to Adopt MND,Spring Rd.LLC 4. The project shall dedicate in fee of Parcel X at recordation of the Final Map of TTM5972 consistent with District resolution dated November 4, 1997 for right of way reservation along the Arroyo Simi recorded February 4, 1998. Please review proposed development limits adjacent to the Arroyo for consistency with right of way reservation. A. Detailed Comments 1. Page 7 of the Drainage Report does not provide substantiated basis for asserting the proposed fill which has no impact on FEMA's Based flood Elevation and/or adjacent properties. In addition,the project proposes to fill within the existing FEMA regulatory Floodway which means that the Arroyo Simi will experience an elevation rise greater than one foot transferring impacts to the Arroyo Simi,a District jurisdictional channel as result of the proposed development without appropriate mitigation.The project shall consider the improvement of the Arroyo Simi as means of compensatory volume mitigation. 2. Please show in the report existing and proposed floodplains and floodways in the site plan exhibit to better understand the impacts. 3. The Permittee shall obtain a Watercourse Permit from the Ventura County Watershed Protection District (District) to ensure that development is compliant with the Ventura County Watershed Protection District Ordinance WP-2. The purpose of the permit is to mitigate potential hydraulic impacts to neighboring properties, prevent altering the characteristics of the flow of water except as allowed under the Watercourse'Permit within the Arroyo Simi which is a District jurisdictional channel, and to prevent potential downstream migration of • improperly constructed on-site structures and other improvements. The permit application shall include the following: a. Construction plans prepared,signed,and stamped by a California licensed civil engineer including but not limited to,a site plan depicting general • drainage trends,existing and proposed topography and elevations, proposed improvements in both plan and profile, and construction details that meet the standards of the City of Simi Valley and the Ventura County Watershed Protection District; b. Site specific hydrology for existing and proposed conditions that conforms to the Ventura County Watershed Protection District's Hydrology Manual, latest edition, and that continues to demonstrate compliance with the District's requirement that runoff after development not exceed the runoff under existing conditions for any frequency of event; c. Hydraulics using a methodology and/or computer model applicable to the proposed improvements and acceptable to the Ventura County Watershed Protection District. Such models include HECRAS and WSPG, latest editions. Models must incorporate all project aspects, including landscaping and vegetative mitigation and be performed on a sufficient Resolution No. 2017-3647 Page 34 Page 4 of 4 October 31,2017 RMA Ref#17-022 NOP to Adopt MND,Spring Rd.LLC channel length to show all project impacts.The floodway of the Arroyo Simi should be delineated on all applicable project plans to demonstrate that capacity is available to pass the flood flow. The City of Moorpark is the floodplain administrator and we anticipate that the City's requirements will preclude any fill or other construction within the floodway limits and prescribe restrictions for any loss of storage or increase in water surface elevation for the 1-percent chance flood peak discharge within Arroyo Simi; d. A California licensed civil engineer shall perform a sediment transport study and a detailed scour analysis for the proposed improvements, or provide an analysis and recommendations as to why such studies may not be needed in this case; e. Provide a detailed geotechnical study demonstrating adequate support for the proposed improvements•prepared by a California licensed geotechnical (soils engineering)consultant; f. Provide structural calculations and details prepared, signed, and stamped ' by a California licensed structural or civil engineer as necessary to demonstrate that the proposed improvements will be stable under the project loading conditions expected including hydraulic impactloading; END OF TEXT Resolution No. 2017-3647 Page 35 County of Ventura .a PUBLIC WORKS AGENCY u TRANSPORTATION DEPARTMENT t Traffic,Advance Planning&Permits Division @` ®)� MEMORANDUM DATE: 10/31/2017 TO: RMA Planning Division Attention:Anthony Ciuffetelli FROM: Anitha Balan,Engineering Manager II SUBJECT: REVIEW OF DOCUMENT 17-022 EIR Project:City of Moorpark 95-Unit Condo Development Lead Agency:City of Moorpark Develop ninety-five(95)townhouse condominium dwellings and a recreational facility on 8.25 acres.Located at 4875 Spring Road,Moorpark. Pursuant to your request, the Public Works Agency - Transportation Department has reviewed the EIR for the City of Moorpark 95-Unit Condo Development. The proposed project consists of ninety-five (95) townhouse condominium dwellings and recreation facility on 8.25 acres, located south of Los Angeles Avenue (Highway 118) and west of Spring Road. The City of Moorpark has prepared a Mitigated Negative Declaration for the following project General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development No. 2015-02, Vesting Tentative Tract Map No. 5972 and Development Agreement No.2015-01,a 95 unit townhouse condominium. • We offer the following comment(s): 1. We generally concur with the comments in the MND for those areas under the purview of the Transportation Department. No project specific impacts on County roadways were identified in the MND. 2. The cumulative impacts of the development of this project, when considered with the cumulative impact of all other approved (or anticipated) development projects in the County, will be potentially significant. To address the cumulative adverse impacts of traffic on the County of Ventura Regional Road Network, the appropriate Traffic Impact Mitigation Fee (TIMF) should be paid to the County when the development occurs . Based on the information provided in the MND for the 95-unit townhouse condominium project and the reciprocal 1 Resolution No. 2017-3647 Page 36 agreement between the City of Moorpark and the County of Ventura, the fee due to the County is: $16,245=95 DU x$171.00 per DU The above estimate is based on information provided in the Transportation/Traffic Discussion in the MND/IS dated October 2,2017. This project is located in Traffic District#4. The above estimated fee may be subject to adjustment at the time of deposit, due to provisions in the .TIMF Ordinance allowing the fee to be adjusted for inflation based on the Engineering News Record Construction Cost Index. Our review is limited to the impacts this project may have on the County's Regional Road Network. • 2 Resolution No. 2017-3647 Page 37 Application of water should penetrate sufficiently to minimize fugitive dust during grading activities; 3. Signs shall be posted onsite limiting traffic to 15 miles per hour or less. 4. All clearing,grading,earth moving,or excavation activities shall cease during periods of high winds(i.e.,wind speed sufficient to cause fugitive dust to impact adjacent properties). During periods of high winds,all clearing,grading,earth moving,and excavation operations shall be curtailed to the degree necessary to prevent fugitive dust created by onsite activities and operations from being a nuisance or hazard,either offsite or onsite. 5. Personnel involved in grading operations,including contractors and subcontractors,should be advised to wear respiratory protection in accordance with California Division of Occupational Safety and Health regulations;and, 6. Signs displaying the APCD Complaint Line Telephone number for public complaints shall be posted in a prominent location visible to the public off the site:(805)645-1400 during business hours and(805)654-2797 after hours. Thank you for the opportunity to review this project. If you have any questions,please call me at(805)645-1426 or email alicia@vcapcd.org. Resolution No. 2017-3647 Page 38 $TATE OF CALIFORNIA—CALIFORNIA STATE TRA',r,-a-RTATION AGENCY EDMUND G.BROWN Jr..Governor DEPARTMENT OF TRANSPORTATION c416'. DISTRICT 7-OFFICE OF REGIONAL PLANNING 100 S.MAIN STREET,SUITE 100 :"! LOS ANGELES,CA 90012 PHONE(213)897-6536 Serious Drought. Making Conservation FAX (213)897-1337 TTY 71] a California Way of Life. www.dotca.gov October 31,2017 Mr.Joseph Fiss City of Moorpark 799 Moorpark Avenue Moorpark,CA 93021 RE: Spring Road LLC SCH#2017101005 GTS#07-VEN-2017-00088ME-MND Dear Mr.Fiss: Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the above referenced project. The pwuposed Project would develop 95 townhouse condo units and a recreation facility on 8.25 acres, located south of Los Angeles Avenue(Hwy 118)and west of Spring Road. After reviewing the Mitigated Negative Declaration,Caltrans does not expect project approval.to result in a direct adverse impact to the existing State transportation facilities. In the spirit of mutual cooperation,Caltrans staff is available to work with your planners and traffic engineers for this project,if needed.If you have any questions regarding these comments,please contact project coordinator Ms.Miya Edmonson,at(213)897-6536 and refer to GTS#VEN-2017- 00088ME Sinc J/ A O, ON IGR/cc! Acting Branch Chief cc:Scott Morgan,State Clearinghouse "Provide a safe,sustainable,integrated and efficient transportation system to enhance California's economy and livability" Resolution No. 2017-3647 Page 39 EXHIBIT B GENERAL PLAN AMENDMENT MAP GENERAL PLAN AMENDMENT 2015-02 1 — Iiii I i ifill Pi - - 1 \ , E. LOS ANGELES- .4,.`:'E C--2 iJP;V;:! . fl.. .�<s. :: 51 - ..41.......YUNriV.A.R.:,/', :' ' ..., - ` � 4. Y AopizoWir.,m442AWASW47,:4* Jr li __ :, 3 9b - i 1 FLOOD WAYM PROJECT = RFD-16,5 _ C-2 = GENERAL COMMERCIAL 1 L = LOW DENSITY RESIDENTIAL (IDU/AC) M = MEDIUM DENSITY RESIDENTIAL (4DU/AC) ML = MEDIUM DENSITY RESIDENTIAL (2DU/AC) ', a _ VH = VERY HIGH DENSITY RESIDENTIAL (1SDU/AC) p mil SP92—i = CARLSBERG SPECIFIC PLAN x`'`~'-• ! PROPOSED GENERAL PLAN D E LA N E FOR RPD—6.5 ENGINEERING 2812 SAWA HDN7C6 8L/D,sum 276 sr/u: r-eno' I6RK m. krtb Mt a MME 31'O9s64971.;-RfM.Dk1 BIKER L.Cam °.401.NNd PR617SL EYRI64 ROW ' 5 IR`-,.MAMIE U1-:CC. I Resolution No. 2017-3647 Page 40 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2017-3647 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of December, 2017, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 20th day of December, 2017. Maureen Benson, City Clerk (seal)