HomeMy WebLinkAboutAGENDA REPORT 1995 0215 CC REG ITEM 11GITEM A G. _
A G E N D A R E P O R T
C I T Y O F M O O R P A R K`
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Developmedt �"
Deborah S. Traffenstedt, Senior Planner
DATE: February 8, 1995 (CC Meeting of 2- 15 -95)
SUBJECT: CONSIDER SCOPE OF WORK FOR SPECIFIC PLAN NO. 1
ENVIRONMENTAL IMPACT REPORT (EIR) AND AUTHORIZE THE CITY
MANAGER TO SIGN AN AGREEMENT WHICH ESTABLISHES THE TIME
PERIOD FOR COMPLETION OF THE EIR
BACKGROUND
A joint City Council /Planning Commission workshop was held on May
25, 1994, to discuss the draft land use and circulation plan
submitted by the Levy Company (applicant) for the Specific Plan No.
1 project. At that workshop, staff was authorized by the City
Council to distribute a Notice of Preparation of a Draft EIR and
directed to schedule a subsequent meeting before the Council for
discussion of project alternatives.
The Notice of Preparation was distributed in September 1994 to
responsible and trustee agencies and interested parties. Based on
preliminary environmental studies, neighborhood meetings, and the
comments received from other agencies, a draft scope of work for
the EIR was subsequently prepared. The Community Development
Committee reviewed the draft Scope of Work for the EIR at their
January 12, 1995 meeting, and provided comments to staff as
discussed in the following section of this report.
DISCUSSION
EIR Scope of Work
A draft Scope of Work for the Specific Plan No. 1 EIR is attached,
which describes the issues to be addressed concerning the project's
effects on the environment, along with the specific analytical
methods to be employed in the preparation of the EIR. Based on
comments from the Community Development Committee, staff is
recommending that the EIR Scope of Work be revised to include
analysis of an alternative consisting of no Route 118 Bypass
through the property (assuming a northerly alignment for the future
highway). Analysis of the "No Route 118 Bypass Alternative" is
recommended, because there is the potential that a future State
Route 118 freeway corridor could be located to the north of the
current City limits, and then connect with and be coincident with
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The Honorable City Council
February 8, 1995
Page 2
a new State Route 23 alignment between Broadway and the existing
State Routes 23 and 118 freeways. The intent for the Specific Plan
No. 1 EIR would be that the "No Route 118 Bypass Alternative" would
illustrate how the land use would be planned for the project area
if there were no future highway or six -lane City arterial roadway
bisecting the property. The Specific Plan No. 1 EIR would also
identify how potential impacts would change, if there were no Route
118 Bypass through the property. It is beyond the scope of the
Specific Plan No. 1 EIR to fully analyze the impacts of locating
the future highway along a northerly alignment. This alternative
would not be consistent with the current City Circulation Element.
Another proposed circulation alternative, that is not consistent
with the existing Circulation Element, is the "High Street
Extension Alternative." This alternative has been included based
on prior direction from the City Council at the May 1994 workshop.
A High Street extension will require that Redevelopment Agency
owned property be used to allow for a wider street section. The
EIR will analyze the potential environmental impacts of the
extension of High Street. Staff will require that the Traffic Study
analyze the proposed street width and intersection design to assure
that it conforms to City, County and State (highway) standards.
Attached to this report are several draft exhibits, which
illustrate several of the proposed land use and circulation
alternatives for Specific Plan No. 1. The attached exhibits are
conceptual, only, and do not represent the quality of exhibit to be
included in the EIR. For example, the "Reduced Grading Concept
Alternative" exhibit in the EIR will include contour information,
so as to illustrate how grading will be reduced.
EIR Time Period for Completion
The California Environmental Quality Act requires that each local
agency shall establish time limits, not to exceed one year for
completing and certifying environmental impact reports. CEQA does
permit, however, that a reasonable extension of the time period may
be provided for in the event that compelling circumstances justify
additional time and the project applicant consents thereto.
Staff and the applicant have agreed that there are compelling
circumstances which justify a time period longer than one year for
completion of the EIR. One such circumstance is that the applicant
has elected to follow the specific plan processing option (as
established by City Council) that allows the applicant to directly
hire the environmental consultant. Staff, therefore, does not have
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The Honorable City Council
February 8, 1995
Page 3
complete control over the EIR completion schedule. Another
justification for a longer time period is that the City agreed to
circulate the Notice of Preparation prior to receipt of a draft
Specific Plan document. Although the City could have elected to
wait until a draft Specific Plan had been submitted, there are
advantages to obtaining other agency input prior to completion of
detailed plans. Since the one -year EIR processing time period for
this project could be interpreted as beginning at the time of
distribution of the Notice of Preparation, rather than actual
submittal of the draft Specific Plan, staff is recommending that an
Agreement is required to clarify the processing time period.
A draft Agreement is attached (Attachment 3). Staff is requesting
that the City Council authorize the City Manager, with City
Attorney concurrence, to approve the final language and sign the
Agreement between the City and the Levy Company establishing the
EIR processing time period. The proposed time period is one year
beginning on the first day of the public review period for the
Draft EIR and Specific Plan.
RECOMMENDATION
1. Discuss Specific Plan No. 1 land use and circulation
alternatives to be analyzed in the EIR.
2. Approve the draft Scope of Work for the Specific Plan No. 1
EIR, including staff's proposed modification to the
Alternatives section.
3. Authorize the City Manager to approve the final language and
sign an Agreement, which establishes the time period for an
EIR certification decision for the Specific Plan No. 1
project.
Attachments:
1. Draft Scope of Work for Specific Plan No. 1 EIR
2. Draft Alternative Exhibits
3. Draft Agreement
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DRAFT
SCOPE OF WORK
Environmental Impact Report
for
Levy Property Specific Plan No.1
PROPOSED PROJECT
RECEIVED
DEC Q 2 1994
City of Moorpark
The proposed project entails adoption of a Specific Plan, pursuant to Section 65451 of
the California Government Code, setting forth standards, guidelines and planning
procedures for the long -term development of the 285 acre Levy property. The project
site is located in the rolling hills north of Poindexter Avenue, immediately west of the
former Moorpark High School, beginning approximately 1600 feet west of Moorpark
Avenue (State Route 23) and extending approximately 1400 feet west of Gabbert Road
(see Figure 1).
The purpose of the Specific Plan is to implement the land use objectives for this site, as
stated in the City of Moorpark General Plan Land Use Element, adopted by the
Moorpark City Council on May 13, 1992. These objectives include examining the existing
environmental and public service system;; in the project area to define planning
opportunities and constraints and to create and implement a development plan that
expands the City's housing stock with various product types, with provisions for public
amenities and services that not only serve this site, but benefit the larger community.
Pursuant to the Land Use Element, the number, of dwelling units that may be developed
shall not exceed 415, unless the property owner agrees to provide public improvements,
public services and /or financial contributions that the City Council determines to be of
substantial public benefit to the community, in which case the number of dwelling units
shall not exceed 620. In addition, a mininium of three acres shall be designated as
Public Institutional within the project site
ATTACF ' ENT I
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The specific plan will include distinct elements setting forth policies, objectives,
performance standards and City approval procedures with respect to: land uses,
circulation, public services, infrastructure, open space, urban design, architectural and
landscape themes, grading restrictions and development phasing. In addition to the
proposed Specific Plan application No. 93-2, the project requires approval by the City
of Moorpark for General Plan Amendment 93 -2 and Zone Change 93 -4.
The proposed land use and circulation concepts are illustrated in Figure 2 and are
briefly summarized as follows:
Land Use
Units /Acres
Low Density Residential
40 du /50 acres
Medium Density Residential
300 du /75 acres
Very High Density Residential
280 du /28 acres
Institutional
4 acres
Park
11 acres
Open Space
93 acres
Caltrans Corridor
20 acres
Stormwater Detention
4 acres
Total Project Area: 285 acres
Total Dwelling Units: 620
Primary access will be provided by the extension of Casey Road, connecting Walnut
Canyon on the east and Gabbert Road on the west. A preliminary internal circulation
plan is shown in Figure 2. A trail element r�, proposed along the western and northern
perimeters of the site, to connect to the City 4 planned regional trail system.
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o
o SITE LOCATION
S�a a: 1-_20001
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PROPOSED PROJECT
SPECFIC PLAN No. 1
THE LEVY COMPANY/ CrtY OF YOORPARK
LANG USE PLAM
COTAL ANEW
RcjGVelOf m r+ Arco
PREPARATION OF DRAFT EIR
The following describes the issues to be addressed concerning this project's effects on the
environment, along with the specific analytical methods to be employed in the
preparation of the environmental impact report. These methods will result in the
completion of a document that satisfies the most current statutory requirements of the
California Environmental Quality Act (CEQA) and the City of Moorpark procedures
for implementing CEQA. The issues that will be addressed in each technical section of
the EIR have been defined on the basis of an environmental sensitivity analysis
previously completed by Impact Sciences, Inc., and the results of a detailed Initial
Study that was circulated for a 30 -day revievv and comment period as part of a Notice
of Preparation of an EIR that was sent to state, county and local agencies. The purpose
of the NOP was to identify environmental concerns and areas of responsibility for these
agencies, with respect to this project, to be addressed in the EIR.
Administrative Draft EIR
Introduction
Impact Sciences, Inc. incorporates an Introduction section into each of its EIRs based on
one assumption; the general public is exposed to an EIR very few times, and as such must
be educated about its intent, content, and format. The Introduction section of this EIR
will focus on educating the reader with regard to what to expect from the document, and
facilitate their successful participation in the environmental review process. The
Introduction section of the EIR will fulfill these goals.
Executive Summary
To facilitate a quick review of the project, an executive summary will be prepared that
will include an illustrated project description, the conclusions of the impact analyses,
mitigation measures, and a summary of the project alternatives.
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Project Description
The EIR project description will include a summary of the Specific Plan description
highlighting the principal land uses, circulation and infrastructure features and
buildout characteristics and intensities. Illustrations from the Specific Plan will be
incorporated as necessary to supplement this written description.
Environmental Setting
The California Environmental Quality Act (CEQA) requires a description of the
environment on and in the vicinity of the project site as it exists prior to project
implementation. The Environmental Setting section of the EIR will summarize site
description data developed during field investigations by Impact Sciences and other
environmental consultants retained by the project applicant, and will include a general
description of the existing land uses which occur on and adjacent to the proposed project
site. This description of the site and surrounding environment is useful in providing a
verbal picture of the project area, enabling the reader to more readily comprehend the
environmental analyses and conclusions of t1w EIR.
Several City and regional planning documents provide information concerning land use
designations, development restrictions, air quality management restrictions and other
plans and policies that are intended to ensure the orderly growth and development of
the project area. As required by CEQA, the project would be compared with these plans
and policies to determine project consistency
Cumulative Impacts Database
Identification of an accurate and complete database defining other reasonably
foreseeable past, present and future development activities that could add to the
proposed project's environmental effects and result in cumulative impacts is an
important component of the environmental review and "design year" process. Utilizing
information provided by City staff from various departments, Impact Sciences, Inc. will
prepare a draft cumulative project set, obtain review comments from Department staff,
and generate a final cumulative project listing for inclusion in the EIR. This will consist
of a list and a location map, identifying approv,ed projects, planned projects and projects
under construction.
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Environmental Impact Analyses and Recommended Mitigation Measures
For each of the topics to be addressed in the EIR, a standard format will be followed.
This will consist of a description of the current environmental conditions pertaining to
that topic, an assessment of the changes in those conditions that would result from the
proposed project, the significance of those changes with respect to criteria established
by law or local policy and measures to mitigate the project's effects to below the level
of significance, if possible. Where relevant, an assessment of cumulative impacts will
be presented, concerning the combined effect of this project, together with other
planned, pending or active projects affecting the same environmental conditions.
Specific analytical approaches and information products to be developed for the
various topics included in the EIR are defined below,
Aesthetics and Light and Glare
This section will define the changes in the project site's visual character, as seen from
surrounding private residences and public roadways. Those areas of the project site
that are highly visible to a surrounding audience will be identified via a visual
sensitivity map derived from field investigations, along with black and white
photographs from selected viewing locations, and the proposed development concept
will be evaluated to determine how those � iews will be modified. Black and white
renderings of proposed housing product types that illustrate the proposed development
concepts will be presented, if available irom the applicant. An analysis of the
proposed grading and development concept,, with regard to impacts on the southern
most ridgeline parallel to Poindexter Avenue, (designated as a "horizon line" in the
City's Land Use Element) and on slopes of }treater than 20 percent gradient will be
conducted. This will be illustrated with topographic base maps that define the
location and extent of the horizon line and all existing slope areas of 20 percent or
greater incline, together with a topographi, map that defines the proposed limits of
grading that affect these significant lantitorms. A review of the specific plan
proposals relative to outdoor lighting will be conducted to ensure that appropriate
limitations on outdoor lighting are included to minimize light and glare impacts and to
avoid any glare impacts at the Moorpark Ci d ege Observatory.
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A survey will be conducted to identify the locations, number, types, sizes and health of
the trees that are found on the project site, as a basis for assessing the impact of tree
removals that would result from the proposed grading concept. This will be
accomplished by a comprehensive field survey in which each tree on the project site
will be tagged with an identification number and information will be collected by
Impact Sciences' staff biologist and landscape architect regarding the species, height
and general health of each tree. Tree locations will be generally identified during the
field surveys and mapped on a 100 -foot scale base topography map. The results of the
tree survey will be documented in a summaw report, containing the information taken
for each tree and a written discussion of the survey results. Using this report as a
baseline, an analysis of the project's impacts on existing trees will be presented in the
EIR analysis of the project's visual impacts, with respect to the existing landscape
environment.
Air Quality
Air quality is a topic that requires a broad approach in dealing with both on -site and
off -site impacts. The State of California Air Resources Board (ARB) and the Ventura
County Air Pollution Control District (APCIJ) have developed standards by which a
project's impact on ambient air quality :an i)e assessed. These standards are
incorporated in the ARB's Guidelines for Air OualijY. Impact Assessments: General
Development and Transportation Projects (Guidelines for Air Oualit{ Impact
Assessments. 1983) and the APCD's Guidelines for Air Ouality Impact Analyysgs
(Guidelines, 1989).
The information presented below provides an outline of the individual analyses which
will be conducted based upon the most current Air Quality Management Plan (A MP
and guidelines in order to meet the procedura ', requirements of the ARB, the APCD, and
the City of Moorpark.
The existing air quality environment in Moorpark, Ventura County, and the South
Central Coast Air Basin will be described utilizing; data made available by the ARB.
In order to ensure compliance with federal as .yell as state and local air quality
standards, applicable standards for the respective governmental units will be
identified. The existing air quality informatwn will be compared to these standards to
provide an accurate frame of reference in �A 11 1ch �o consider the project's potential to
r 001242
impact the ambient air quality environment. Traffic data inputs will be obtained from
Austin -Foust Associates, with respect to existing, future- without - project and future -
with- project traffic volumes.
Localized air quality concentrations (i.e., carbon monoxide "hot spots ") affecting
emission sensitive land uses will be analyzed utilizing a screening model developed by
the APCD and "CALINE4," a computer model developed by the California Department
of Transportation and the ARB (ARB, AOAT -3: Air Quality Analysis Tools 1989).
Specific analysis locations will be approved by the Director of Community
Development. The results of this multiple wind directional analysis will be compared
to State of California and federal one - and eight -hour CO standards. This assessment
will include an analysis of potential air quality impacts associated with the future
alignment of SR -118 within the project site. to determine whether abutting land uses
could be significantly affected.
A quantitative discussion of the potential impacts of construction vehicle emissions and
fugitive dust (during site grading and construction) will be presented, based on data
provided by the project applicant. Net regional air emissions expected to be generated
at full buildout of the proposed project will be calculated, utilizing URBEMIS #2, a
computer modeling tool developed and distributed by the ARB (AOAT -2: Air Quality
Analysis Tools, 1987), enabling the EIR to determine more precisely the net impact of
the proposed project. The results of the URBEMIS #2 program will be compared to
APCD standards for selected pollutants, ,Mcl a determination will be made as to
whether or not the proposed project would result in a development that would emit
"significant" amounts of regional pollutant emissions.
Project - related changes in CO concentrations on the project site and at the off -site
emission sensitive land uses will again Ix- analyzed utilizing the screening model
developed by the APCD and the CALINFA computer model. The net change in
emissions at these locations resulting from project - generated traffic will be compared to
the applicable one- and eight -hour CO standards. Special emphasis will also be
afforded to assessing the impact of traffic emissions at residential units located along
nearby roadways and at nearby school sites. "he potent ial for toxic air pollutants and
odors that could affect local residents would ,iIso be identified and discussed.
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The EIR will contain an analysis of the project's consistency with Transportation
Control Measures (TCMs) identified in the 1991 Air Quality Management Plan
(AQMP), as well as the draft 1994 AQMP. Emphasis will be afforded to including as
many of the TCMs identified in the AQMP into the mitigation of operational impacts.
Mitigation measures necessary to offset any potential project - generated impacts to
ambient air quality will be identified based on methodologies available from the
APCD and other sources. This discussion will focus on innovative measures which could
reduce impacts to the air environment of Moorpark through various implementation
programs.
A quantitative discussion of air quality emissions generated by cumulative
development activity within the project vicinity, will be presented. This discussion
will focus on the cumulative impact of growth- induced traffic volume increases on
localized carbon monoxide concentrations.
Energy
Construction and operation of the proposed project would result in the use of various
forms of fuel and energy. Petroleum -based fuels would be consumed by construction
machinery and vehicles. Long -term fuel consumption would occur as a result of vehicle
travel to and from the project site, as well as home cooling and heating systems that are
supplied by purveyors who use petroleum based fuels in the production of electrical
energy. Natural gas and electricity from non - petroleum sources such as hydroelectricity
and perhaps other technologies would also ix consumed by home cooling and heating
systems.
Likely forms of energy use associated with the proposed development concepts will be
identified and estimates of project - related electricity, natural gas and gasoline
consumption will be calculated. Energy conserving or energy wasting features of the
specific plan will be identified. Methods of reducing total energy consumption through
site and building design and reductions in \ eliicle miles traveled will be identified.
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Housing and Population
This project is of large size and would substantially expand the City's housing stock and
resident population. To determine the significance of this growth, an analysis of the
population potential and buildout time frame will be prepared. This will be compared
to existing City and countywide plans to determine whether the population growth
that would result from this project would be consistent with existing population
forecasts for this area. In addition, the projected development mix and timing will be
evaluated for consistency with the City's existing and proposed growth management
ordinances. The project's effect on the City's and subregional jobs /housing balance will
be calculated.
This EIR section will include a discussion of the project's impact on the one housing unit
and household that exists on the project site The housing component of the specific
plan will be reviewed for conformance with housing policies in the adopted
Redevelopment Plan, conformance with the housing production requirements of
California Redevelopment Law, and for conforrrunce with applicable goals, policies
and objectives contained in the City's Housing Element of the General Plan. Proposed
housing types and affordability will also M)e evaluated with respect to any City
inclusionary housing requirements.
Human Health /Risk of Upset
The primary objective of this section is to identify any natural or human -built hazards
that may affect this site and surrounding properties and to develop methods of
mitigating those hazards to a safe level to protect construction workers as well as
existing and future residents. For example, the site is identified by the Ventura County
Fire Protection District as a "high fire hazard area. Further, past farming or oil
production activities may have left hazardous waste materials on the site. The EIR
will discuss the site's fire hazard with respect to its open space and vegetation
characteristics and will examine the spe(, -ic plan's open space and landscaping
components to determine if this hazard will .)e adequately mitigated through project
design. This section will also incorporate the results of a Phase I level hazardous
waste assessment to be prepared by a ha<<jrdous waste specialist under separate
contract to the applicant. The Phase I report will determine the likelihood of
encountering hazardous substances during fioure grading; activities and will include
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appropriate remedial measures, if needed, to ensure that construction workers and
nearby residents are not exposed to such substances.
Noise
As with air quality, the analysis of impacts to the noise environment would require a
broad approach in dealing with both on -site and off -site impacts. Noise levels within
the project site may be affected by sources in the project vicinity. In contrast, project -
generated noise may affect surrounding uses. The Noise Element of the City of
Moorpark General Plan identifies interior and exterior noise standards for various land
uses. Consequently, our effort would focus or noise impacts which could exceed these
adopted standards.
Approved modeling methodologies will be used to predict existing and future exterior
noise environments on and near the project site. Consideration will be given to the site's
proximity to existing and proposed roadway s, the Southern Pacific railroad tracks and
existing residential uses.
Existing noise sources in the project area will be identified and reviewed. Such noise
sources will include:
• vehicular traffic utilizing surrounding major arterials and local collectors; and
• train movements along the southern boundary of the project site
• general human activity present in tho vicinity
Existing noise levels will be modeled for the project site as well as for each roadway
identified in the Traffic and Circulation section of the EIR. Specific modeling locations
will be approved by the Director of Community Development. With the modeling
results, noise contours will be developed and will be presented as graphic illustrations.
The significance of these existing contour; relati; e to, the adjacent land uses will be
discussed.
Noise impacts associated with construction activities will be identified. Future noise
levels (pre- and post- project) due to increase:-, in roadway traffic volumes would also be
modeled for the project site's major roadway , the alignment of future State Route 118,
and selected off -site locations. Specific rn +,(ieling locations will be approved by the
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Director of Community Development. Post - project noise contours will be developed and
presented as graphic illustrations. Potential changes in noise sources as a result of new
stationary uses on the site will be assessed. With this information, noise conflicts
associated with changes in the noise environment can be determined. This includes an
assessment of potential impacts to the proposed on -site uses as well as nearby
residences and the Chaparral Middle School. Appropriate mitigation measures will
be recommended to alleviate any significant impact created.
Biological Resources
Impact Sciences, Inc. staff biologists will conduct a comprehensive assessment of flora
and fauna found on site and will evaluate the impacts of the Specific Plan on any
sensitive habitat(s) that may be identified. Specific tasks to be performed are
identified below.
Literature Review: Prior to initiation of field investigations, pertinent literature will
be reviewed. Specific data sources include the California Department of Fish and
Game's (CDFG) Natural Diversity Data 13ase, lists of sensitive plant and animal
species and natural communities provided by the CDFG and other recognized
authorities, museum and herbarium record, the OWs General Plan database and
other information readily available at the r.'�ty of Moorpark.
Walkover Survey: Walkover surveys will be performed for identification of the plants
and animals indicated above. Vegetati(in communities will be field checked,
identified and mapped, generating a vegetation map of the site. Any areas of
particular biological sensitivity (i.e., raptoa roosts or nests, etc.) will also be mapped.
Results of a comprehensive tree study (see prt-vious description under Aesthetics), with
respect to the biological value of the existint; tree,, on the project site, will be presented.
Impact Analysis /Mitigation Measures: An ,o�,sessment of the extent and significance of
the project's grading impacts with respec t to removal of sensitive, unique, rare or
endangered plant and wildlife habitat kvr_ be prepared. This will also include an
assessment of whether the project would inhibit the replenishment of existing native
plant species and whether the landscaping . >mponent if the specific plan could result
in the establishment of invasive plant spec ify that would compete with native plants
that remain on and near the project site. 1 ssibie constraints on the range of rare or
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endangered animal species that may occur on or utilize the project site will be
identified. The fragmentation of the site's open space will be assessed in terms of the
reduction in the site's overall biological resource value.
Appropriate mitigation measures will be recommended, if necessary, to mitigate any
significant impacts.
Public Services
The proposed project would increase the demand for fire, police, and paramedic
services, schools, libraries and parks and recreational facilities. Each of these topics
will be addressed in the EIR, as follows.
The significance of the project's demand for fire protection and law enforcement services
will be evaluated in consultation with the Ventura County Fire and Sheriff's
Departments, who provide these services to the City on a contractual basis. Increased
demand on library facilities will be assessed in consultation with the Ventura County
Library Services Agency. The total potential student generation will be quantified, by
elementary, middle and high school level, to assess impacts on existing and planned
Moorpark Unified School District (MUSE)} tacilities. Specific concerns identified by
the County Fire Department and the MUSD in their responses to the NOP will be
addressed. Measures that would reduce potentially significant impacts will be
developed with the assistance of these agencies The project's demand for park land
will be quantified, in accordance with the standards set forth in the City's Open Space,
Conservation and Recreation Element of th,- General Plan, compared to the amount of
public park land proposed as part of the specific plan plus any required Quimby fees,
and evaluated to determine whether any net impacts oli parks and recreation resources
would result. An analysis of the proposed trail element, with respect to impacts on
existing trail facilities, as well as an analysa�, of the plan's consistency with local and
regional master planned trail facilities, will )e prepared
Earth
This EIR section will summarize the results of a preliminary soils and geology report
supplied by the project applicant, as explained below. It is assumed that this report
will address surface and subsurface soils imi the site with respect to development
001428
suitability, constraints, and applicable mitigation measures to the satisfaction of the
City engineer. In addition, this section will summarize the results of a paleontology
study provided by the project applicant.
A geology study of the entire project site will be completed to determine the extent of
geological constraints, the presence of possible unique geologic features and the general
nature of grading and design measures needed for safe, stable site development based on
the land use element of the specific plan, This study will identify the depths to
groundwater under the project site and will determine whether project grading could
intercept an aquifer. The impacts of post -deg elopment wind and water erosion, as well
as necessary mitigation measures, will also be included as part of the geotechnical
study. The impacts of water erosion will also be addressed as part of the hydrology
study relating to the analysis of debris basins. Information concerning site - specific
grading and geotechnical engineering considerations, as well as locations and
abandonment status of old wells, will be provided during future grading plan checks
associated with individual project development proposals and will not be included in
the EIR or the specific plan. A determination of the site's sensitivity for
paleontological resources and recommendations for future investigations, grading
controls or other mitigation measures will b,, made by a professional paleontologist.
Transportation /Circulation
This section of the EIR will consist of a summary of a traffic study to be prepared by
Austin -Foust Associates, Inc. (AFA), who has considerable and recent experience in this
area. The study will address the trip generation, trip distribution and intersection
impact analysis associated with the propo,,ed land use and circulation plan. It will
also include a long range analysis that utilizes the most current citywide traffic model
data to estimate the cumulative increase in traffi( through the year 2010, as well as a
short range analysis for the projected year .1, 0) ,,onditions, to examine phased project
development in relation to roadway neAl,, and to satisfy Ventura County CMP
requirements. Potential impacts will bc, i .amined in relation to the existing and
planned circulation system, including an ,inalysis of project and cumulative traffic
distribution with and without the completion of the planned SR 118 Bypass.
The specific elements of the roadway netriNork Co be evaluated shall be determined
through consultation with the City of Moorpark 7 raffic Engineer and through review of
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the Ventura County Congestion Management Plan. The traffic analysis will be
consistent with the requirements of the Ventura County Congestion Management Plan as
well as the City of Moorpark Traffic Study guidelines. An analysis of the specific
plan's impact on existing bicycle facilities, as well as an analysis of the specific plan's
Plann¢ci
consistency with local and regional trail and pathway facilities, will be prepared.
Finally, potential increases in traffic hazards to vehicles, pedestrians and bicyclists
attributable to this project's traffic will be evaluated; this analysis will include a
consideration of local school traffic, and a review of the Gabbert Road and private road
crossing of the Southern Pacific Railway tracks
Utilities
This section will incorporate the results of preliminary utility studies and conceptual
master utility plans to be provided by the project applicant, as part of the specific
plan. The EIR will present a description of existing utility systems and facilities
serving this property and this part of Moorpark, proposed on -site utility systems
included the specific plan, proposed connections to existing off -site facilities and will
assess potential impacts on local utilit.� facilities and supplies, as follows.
Additionally, a determination of how the mi -site public roadways and street lighting
system will be added to the City's street maintenance system will be made, in
consultation with the City Engineer.
Water: A project of this magnitude would substantially increase water demand in this
area. The increased demand will be quantified and evaluated in consultation with the
Ventura County Waterworks District No. L, which distributes water to the City of
Moorpark, and with the Calleguas Municipal Water District, which supplies imported
water to the VCWD for distribution throughout the City of Moorpark. Significant
extensions to or expansions of off -site water ,apply and distribution facilities required
to provide an adequate water supply to the developed site will be identified. Total
project and cumulative water demand will ht,, compared to VCWD and Calleguas MWD
demand projections for this area. Water + ,nservation measures such as the use of
reclaimed water for irrigation purposes on Ow protect site will be discussed.
Wastewater: A project of this magnitude Vrould substantially increase wastewater
generation and the need for wastewater colle, Lion and treatment facilities provided by
the Ventura County Waterworks District ""o (V('WD). The increased demand
00130
requires quantification and evaluation in consultation with the VCWD to determine
whether significant extensions of or expansions to off -site wastewater collection and
treatment facilities would be required to serve the developed project site.
Storm Drainage: Given that this specific plan would allow for land alteration and site
development, alteration of present surface drainage patterns are expected and a
substantial amount of impervious surface area would be introduced to the project site.
The pre- and post- development site runoff condition will be evaluated to determine the
effects on drainage patterns, times of concentration and the rate and amount of runoff,
compared to existing conditions. The conceptual master drainage concept will be
evaluated to determine whether it will adequately control post - development runoff
conditions, in accordance with Ventura Counter Flood Control District standards, and to
determine what effect it would have on existrng drainage facilities such as the Walnut
Canyon Flood Control Channel along the ',� ruth site boundary. Stormwater quality
control considerations, pursuant to regional or local implementation programs for the
National Pollutant Discharge Elimination Svr:terr, will be discussed.
Solid Waste Disposal: A project of this magnitude would generate a substantial amount
of solid wastes, including hazardous waste,,. on im annual basis, over the life of the
project. Solid wastes would also be generated during the construction phases. Given the
mandate of AB 939, which stipulates that local governments must reduce the disposal
of solid wastes at landfills by 259/o by the N,e.ir 11195 and by 50% by the year 2000, the
solid waste generation of this project will tx quantified and evaluated with respect to
Ventura County Solid Waste Management I iepartment's Guidelines for Preparation of
Environrnental Assessments for Solid Wars Orpacts and the City's Solid Waste
Reduction Plan.
Water Resources
An evaluation of pre- and post - development hydrology and drainage system .
requirements will be conducted to determine whether the project would significantly
alter present surface drainage patterns and whether it would expose persons or property
to flood hazards. A portion of the project site is located within the Federal Emergency
Management Agency (FEMA) RX) year flood hazard area (Zone "A" of the Flood
Insurance Rate Map 060712 - 0005A). Area,, within the 100 -year flood hazard zone
occur along the south site boundary, on eitht�i rice of t ;abbert Road, and in the low-
00131
lying area between Gabbert Road and the nearest hillside to the east. Site
development may alter ground elevations or otherwise affect the course or flow of flood
waters in the FEMA - designated 100 -year flood hazard zones. A U.S.G.S. - designated
blue line stream occurs along the east side of Gabbert Road. The proposed
grading/ drainage concepts will be reviewed to determine whether this natural
drainage would be significantly altered.
The discussion of hydrology will also include an analysis of water quality with respect
to the applicability of the National Pollutant Discharge Elimination System
(NPDES) permitting requirements relating to non -point discharges, as well as the
policies and guidelines contained in the Ventura County Water Management Plan and
the Los Angeles County Regional Water Quality Control Board Water Control Plan, Los
Angeles Region, Santa Clara River and Los Angeles River Basins.
An evaluation of the project's water demand, as well as water demand associated with
cumulative development, with respect to impacts on public water supplies will also be
conducted. A specific water supply issue of concern, expressed by both the Calleguas
Municipal Water District and the County of Ventura Public Works Agency Water
Resources and Development Department in their responses to the Notice of Preparation,
is how this project will affect the overdrafted North Las Posas Groundwater Basin
which underlies the project site and the C rty of Moorpark. The use of detention or
retention basins to control runoff could result in net additions to or maintenance of current
groundwater storage through infiltration,, percolation. No deep excavations are
anticipated as part of the grading plan; hovve ler, the results of a geologic study which
identifies depths to groundwater will be re,luired to Determine whether an aquifer
could be intercepted by cuts or excavations. I'he EIR will address these issues and will
identify groundwater conservation measure,, already included in the specific plan or
which could be added to the plan, to redrace this project's reduction of groundwater
absorption at this site.
Cultural Resources
A complete Phase I archaeological survey of the project site was conducted by W and S
Consultants in March 1994. The purpose of this survey was to inventory and evaluate
any known historical or prehistoric archaeological sites lying within the property, and
to identify and record previously unknomi cultural resources. No evidence of any
0013
cultural resources were found, however, some possibility exists that historical resources
may be present within the central portion of the project area. This section of the EIR
will summarize the results of W and S Consultants survey, including recommendations
for further monitoring of grading activities in the central project area.
Alternatives
Pursuant to current state law regarding CEQA, a reasonable range of alternatives will
be defined and evaluated that are structured to reduce or avoid one or more of the
potentially significant impacts of the proposed project, and which are considered
consistent with the objectives of the City and /or the project applicant. Alternative
land use, grading or circulation concepts will be illustrated on black and white exhibits.
Each of these alternatives will be assessed in a qualitative manner, except where
simple calculations of demand or impact quantities can be made and compared to the
level of impact magnitude associated with the proposed project. This will provide the
City's decision makers with sufficient information to assess the comparative
environmental advantages /disadvantages betAeen a reasonable range of project
alternatives.
The alternatives will include, but are not necessarily limited to: (1) Development of a
maximum of 415 dwelling units, in accordance with the current Land Use Element
policies; (2) Reduced grading, in accordance with the City's proposed Hillside
Ordinance; and (3) Proposed project with an extension of High Street from its current
terminus into the project site. (This circulation alternative could also be applied to
other alternative land use or grading concepts). To establish a baseline for comparison,
the "No- Project" alternative, i.e. leave the ,ite in its presently vacant condition, will
also be prepared, as required by CEQA. 'Ilia environmentally superior alternative will
be identified.
Environmental Policy and Other Integrative Sections
As required by CEQA, the balance of the EIR will contain all legally required sections
for a project of this type, including an assessment of the project's growth inducement
potential, short -term versus long -term impact,, irretrievable and irreversible impacts,
statement of impacts found not to be significant, references, and organizations and
persons consulted.
00133
MITIGATION MONITORING PROGRAM
A mitigation monitoring program (MMP) will be prepared in a six - column format,
including the identification of project impacts, mitigation measures / timing, residual
impact level, responsible party, monitoring; agency, and monitoring action. At the
City's discretion, the MMP will either be included in the Draft EIR or will be provided
as a separate document for the consideration of the City's decision makers as they make
their environmental findings pursuant to CE(,; A
SUBMIT ADMINISTRATIVE DRAFT EIR TO CITY FOR REVIEW
AND COMMENT
Uponcompletion of the Administrative Draft EIR as outlined above, Impact Sciences,
Inc. will transmit seven (7) copies for review by City staff
PREPARATION AND CIRCULATION OF DRAFT EIR
Upon completion of City staff review, Impact Sciences, Inc. will retrieve the combined
City staff comments from the Community Development Department. Comments would
be incorporated by modifying the Administrative Draft EIR as necessary to ensure
adequate, accurate, and complete assessment rf pertinent environmental issues, prior to
release for public review. Three 'check.' copes of the revised Administrative Draft
will be submitted for final City review and approval.
At the direction of City staff, Impact Sciences, Inc. will be responsible for the printing
and distribution of the Draft EIR and Draft Specific Plan, for the required 45 -day
public review and comment period. Copies %N ill he sent to all agencies and entities on
the City's EIR Distribution list. Impact Sciences Inc. would prepare all legal notices
associated with Draft EIR distribution for City review approval and publication.
PREPARATION OF RESPONSE TO PUBLIC COMMENTS AND
FINAL EIR
Pursuant to City of Moorpark requirements f rr the implementation of CEQA, Impact
Sciences, Inc. will prepare written responses to comments received during the public
review period. This will include responses t( all verbal comments recorded at public
00134
hearings as well as written comments received by the City. The draft Response to
Comments volume will be provided to City staff for their review, corrected per staff's
direction, and published as the Final EIR. At the City's discretion, the Final EIR
document may consist solely of comments and responses to comments concerning the Draft
EIR, along with corrections or clarifications to affected pages of the Draft EIR, or it
may consist of the entire Draft EIR, including corrections and clarifications, along with
the comments and responses to comments.
DECISION - MAKING PROCESS
The Impact Sciences, Inc. Project Manager and other key members of the consulting team
will attend hearings before the Moorpark Planning Commission and City Council to
present the Draft Specific Plan and Draft EIR and to respond to questions posed by
members of the Commission /Council or the public. Attendance at up to eight (8) public
hearings is anticipated (two before the Planning Commission and six before the City
Council). It is also anticipated that Impact Sciences will attend up to four other
meetings with the Planning Commission and/or City Council, as directed by City staff.
OPTIONAL TASK - PREPARATION OF STAFF REPORTS, FINDINGS
OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
If requested by City staff, Impact Sciences, Inc. taff will prepare all appropriate
inputs to City staff reports. These inputs would include findings, resolutions and text
that would summarize the impacts and conclusions of the EIR. Further, we would
prepare additional text that would identify specific methods by which mitigation
measures could be incorporated as part of this, project's design. Through this text, it is
our intent to build a verbal bridge between the HR and the planning and approval
process.
PREPARE FINAL DOCUMENTS
Following final action on the EIR and Specific Plan by the City Council, modifications
to the Specific Plan, Final EIR, or Mitigation Monitoring Program will be made, if
directed by the City. Final documents would be filed with the City's Community
Development Department by the project apple( ant
21 0013-0
RECEIVED
DEC 1 1994
City Of Mnnrr,�r�
DEVELOPMENT PLANNING SERVICES
651 Via Alondra, Suite 714
Camarillo, CA 93012
(805) 484 -8303 • Fax: 484 -8993
November 30, 1994
Ms. Debbie Traffenstedt
Community Development Department
799 Moorpark Avenue
Moorpark, CA 93021
Dear Debbie:
SUBJECT: Specific Plan No. 1
In response to our recent discussions I am enclosing revised schematic land use plan and alternative
plan exhibits for use with the Impact Sciences, Inc. EIR Scope of Work report which you have received
under separate transmittal. The revisions include removal of the High Street extension from
Alternatives 2 and 3; however, the High Street extension would be feasible in all plan alternatives. The
exhibits are as follows:
PROPOSED PROJECT: The 620 unit proposal which was presented to the City Council at our last
workshop.
ALTERNATIVE 1 /HIGH STREET EXTENSION_ The proposed 620 unit project with the inclusion of a
High Street connection.
ALTERNATIVE 2 /REDUCED GRADING CONCEPT,:_ This plan, with 510 units, generally complies with
the proposed Hillside Ordinance.
ALTERNATIVE 3/415 DWELLING UNITS This alternative has a build -out of 415 homes
Upon review of the additional "east side" circulation options it was determined that the topography of
the Guny property and the Walnut Canyon residential area make it unrealistic to connect the east side of
Specific Plan #1 to Walnut Canyon Road "at- grade" anywhere north of Casey Road. A collector road
through that area would involve severe constraints: off -site grading through 80 foot high hillsides with
natural slope gradients from 35% to 80 %; unsafe roadway grades approaching Walnut Canyon Road of
8% to 12 %; removal of as many as ten existing residences along the west side of Walnut Canyon Road.
Additionally, the grading profile and street grades required to make an "at- grade" connection to Walnut
Canyon Road would not be consistent with Caltrans roadway grades for the future extension of SR 118.
ATTACHMENT
Public Agency Entitlement • Planning Deign • Project Management 00136
Ms. Debbie Traffenstedt
Community Development Department
CITY OF MOORPARK
November 30, 1994
Page Two
Another alternative discussed was a road south of Casey Road and north of High Street through the old
high school property. This alternative would involve significant grading through the center of the high
school property with a connection to Charles Street "threading" through the civic center property,
south of city hall and north of the library. The resulting division of the civic center and loss of parking
and pedestrian access to the library make this an undesirable alternative from a land use planning
perspective.
From a traffic engineering point of view neither of the east side circulation options discussed above are
superior to the High Street extension. The majority of trips from Specific Plan #1 will go south, east,
or west; very few will utilize northbound Walnut Canyon Road. A first -run of the 50% build -out
traffic model for Specific Plan #1 (year 2000) and preliminary intersection engineering for Casey
Road and High Street extension indicate that both intersections could adequately handle project -
generated and future regional projected traffic volumes. In fact, the extension of High Street from
Specific Plan #1 to Moorpark Avenue provides for superior traffic distribution at the Moorpark
Avenue /High Street intersection than does the Casey Road only configuration or the two east side
circulation options. This is because Specific Plan #1 project - generated trips would utilize the new
extension of High Street rather than Casey or the two option roads, thereby decreasing traffic on
northbound and southbound Moorpark Avenue /Walnut Canyon Road north of High Street in the civic
center area.
I look forward to presenting this material, as well as the EIR scope of work, to the Community
Development Committee and the City Council at the earliest possible date. Please call me if you have
any questions or require further information.
Sincerely,
Dennis Hardgrave
for The Levy Company
cc: The Levy Company
00 1377
PROPOSED PROJECT
SPECIFIC PLAN NO. 1
THE LEVY COMPANY/ CITY OF MOORPARK
LAND USE PLAN
L LOW DENSITY
M MEDIUM DENSITY
VH VERY HIGH
I INSTITUTIONAL
P PARK
OS OPEN SPACE
CAL TRANS CORRIDOR
CASEY RD./ GABBERT
STORMWATER DETENTION
TOTAL PROJECT AREA
TOTAL PROJECT UNITS
is .OS
I.
0
0
:w
W
TOTAL AREA
63.5
80.0
20.0
4.0
10.0
60.0
29.0
14.5
4.0
285.0 Ac.
620 DU
R�dcv�bPr"�n� >�r�cz
boron dcI67- t
ALTERNATIVE 1
HIGH STREET EXTENSION
SPECIFIC PLAN NO. 1
THE LEVY COMPANY/ CITY OF MOORPARK
LAND USE PLAN
TOTAL AREA
L LOW DENSITY 63.5
M MEDIUM DENSITY 80.0 It�%iA1 TRAIL
VH VERY HIGH 20.0
I INSTITUTIONAL 4.0
P PARK 8.0 L
OS OPEN SPACE 60.0
CAL TRANS CORRIDOR 29.0
CASEY RD. / HIGH ST. / GABBERT 16.5
STORMWATER DETENTION 4..0_ M
TOTAL PROJECT AREA 285.0 Ac. `
TOTAL PROJECT UNITS 620 DU `
• OS
VH
D
-� OS I OS
VH
VH
CIS _ r
t. OS r POINDEXIER AVE.
1
D
D
1--
w
m
m
Q
O C'3
O
W LOS ANGELES AVE.
C
I
t
CASEY RD.
Civic
: -ENTER
HIGH ST.
,,,�ftmft
Q
Y
0-
Q
8
2
• OS
1 D . ••
B -
OS
I•••• ,,OS G
t.
D
ALTERNATIVE 2
REDUCED
GRADING CONCEPT
f-
SPECIFIC PLAN NO. 1
THE LEVY
COMPANY/ CITY OF MOORPARK
03
LAND USE PLAN
UNITS TOTAL AREA OPEN
SPACE
L LOW DENSITY
(40u) 63.5
36.0
M MEDIUM DENSITY
(230u) 80.0
30.5
VH VERY HIGH
(240u) 20.0
0
1 INSTITUTIONAL
4.0
0
P PARK
8.0
OS OPEN SPACE
60.0
60.0
CAL TRANS CORRIDOR
29.0
CASEY RD. HIGH ST. GABSERT 15.5
STORMWATER DETENTION
4.0
TOTALS
510u 285.0 Ac.
126.5 Ac.
• OS
1 D . ••
B -
OS
I•••• ,,OS G
t.
D
7 VH
alo
POINDEXTER AVE.
LOS ANGELES AVE.
r
t
CASEY RD.
CIVIC
CENTER
HIGH ST.
Y
a.
a
fr
QO�j
0
f-
03
m
O
0
O
1.r
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7 VH
alo
POINDEXTER AVE.
LOS ANGELES AVE.
r
t
CASEY RD.
CIVIC
CENTER
HIGH ST.
Y
a.
a
fr
QO�j
VI
rei
Cl
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IT
0
�r
AL I F- ANATIVE 3
415 DWELLING UNITS
SPECIFIC PLAN NO. 1
THE LEVY COMPANY/ CITY OF MOORPARK
LAND USE PLAN
UNITS TOTAL AREA OPEN SPACE
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
THE LEVY COMPANY ESTABLISHING THE ENVIRONMENTAL
IMPACT REPORT (EIR) PROCESSING TIME PERIOD
FOR THE SPECIFIC PLAN NO. 1 PROJECT
THIS AGREEMENT, made and entered into this day of If
1995, by and between the CITY OF MOORPARK, a municipal corporation
located in the County of Ventura, State of California ( "City ") and
the Levy Company, a California limited partnership.
W I T N E S S E T H
WHEREAS, the Levy Company is the sole owner of property
located in the City of Moorpark, within the area identified as
Specific Plan No. 1 on the City's General Plan land use map
(Assessor's Parcel Numbers: 511 -0- 020 -015, 511 -0- 020 -025, 511 -0-
020 -035, 511 -0- 020 -045, 511 -0- 020 -055, and 500 - 340 -045); and
WHEREAS, the Levy Company has filed an application for a
General Plan amendment, zone change, and specific plan for a
project hereinafter referred to as the Specific Plan No. 1 Project;
and
WHEREAS, in September 1994, a Notice of Preparation of a Draft
Environmental Impact Report (EIR) was distributed for the Specific
Plan No. 1 Project; and
WHEREAS, the application for the Specific Plan No. 1 project
cannot be deemed complete by the City until after the Levy Company
submits a draft Specific Plan, which is in compliance with the
Government Code and City General Plan content requirements; and
WHEREAS, the Levy Company and the City concur that a
reasonable extension of the time period for completing and
certifying the EIR for the Specific Plan No. 1 project is
justified;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises contained herein, the parties agree as
follows:
I. APPLICATION COMPLETENESS
The City and the Levy Company hereby
application for the Specific Plan No. 1
accepted as complete by the City, within
following City receipt of a draft Specific
compliance with the Government Code and
content requirements.
dat- 2- 2- 95 13:25pmC:\WP51\SP- 1\CTR2LEVY.CO 1
A-17ACHMENT 3
agree that the
project will be
30 (thirty) days
Plan, which is in
City General Plan
0014
II. TIME LIMIT FOR COMPLETING AND CERTIFYING EIR
The City and the Levy Company hereby agree that the one -year
time limit for completing and making a certification decision
for the Specific Plan No. 1 Project EIR shall begin on the
first day of the public review period for the Draft EIR.
In no event shall this Agreement require City certification of
the EIR prepared by the Levy Company's environmental
consultant for the Specific Plan No. 1 Project.
III. RESERVATION OF RIGHTS
In no event or circumstance, shall this Agreement be deemed to
limit or otherwise be deemed a waiver of any right,
obligation, claim, cause of action, or defense that either
party may have under any applicable California or federal law.
IV. GOVERNING LAW
This Agreement shall be governed by, and construed in
accordance with the laws of the State of California.
V. SUCCESSORS, ASSIGNS
This Agreement shall be binding upon and inure to the benefit
of all heirs, successors, and assigns.
VI. MISCELLANEOUS PROVISIONS
A. Any notice to be given pursuant to this Agreement shall
be in writing, and all such notices and any other
document to be delivered shall be delivered by personal
service or by deposit in the United States mail,
certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom
intended as follows:
To: City of Moorpark
Director of Community Development
799 Moorpark Avenue
Moorpark, CA 93021
To: Levy Company
Attention A. A. Milligan
P. 0. Box 2575
Ventura, CA 93002 -2575
Either party may, from time to time, by written notice to
the other, designate a different address or contact
person, which shall be substituted for the one above
specified. Notices or other documents shall be deemed
delivered upon receipt by personal service or as of the
second (2nd) day after deposit in the United States mail.
dst- 2- 2- 95 13:25pmC:\WP51 \SP- 1 \CTR2LBVY.CO 2
00143
B. Nothing contained in this Agreement shall be deemed,
construed or represented by the City or the Levy Company
or by any third person to create the relationship of
principal or agent, or of a partnership, or of a joint
venture, or of any other association of any kind or
nature between the City and the Levy Company.
C. This Agreement constitutes the entire agreement of the
parties concerning the subject matter hereof and all
prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be
amended in any way except by a writing expressly
purporting to be such an amendment, signed and
acknowledged by both of the parties hereto.
D. Should interpretation of this Agreement, or any portion
thereof, be necessary, it is deemed that this Agreement
was prepared by the parties jointly and equally, and
shall not be interpreted against either party on the
ground that the party prepared the Agreement or caused it
to be prepared.
E. No waiver of any provision of this Agreement shall be
deemed, or shall constitute, a waiver of any other
provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of
the same provision. No waiver shall be binding, unless
executed in writing by the party making the waiver.
F. In the event any action, suit or proceeding is brought
for the enforcement of, or the declaration of any right
or obligation pursuant to this Agreement or as a result
of any alleged breach of any provision of this Agreement,
the prevailing party shall be entitled to recover its
costs and expenses, including reasonable attorney's fees,
from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award
thereof.
G. Cases involving a dispute between the City and the Levy
Company may be decided by an arbitrator if both sides
agree in writing, with costs proportional to the judgment
of the arbitrator.
H. This Agreement is made, entered into, and executed in
Ventura County, California, and any action filed in any
court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or
covenants referred to herein shall be filed in the
applicable court in Ventura County, California.
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00144
I. The captions and headings of the various and Articles and
Paragraphs of this Agreement are for convenience and
identification only and shall not be deemed to limit or
define the content of the respective Articles and
Paragraphs hereof.
CITY OF MOORPARK :
BY
Steven Kueny
City Manager
ATTEST:
BY
Lillian E. Hare
City Clerk
dst- 2- 2- 951 3:25ppmC:\WP51 \SP- 1 \CTR2LEVY.CO 4
THE LEVY COMPANY:
A. A. Milligan
General Partner
00145