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HomeMy WebLinkAboutAGENDA REPORT 1996 0501 CC REG ITEM 10FAGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council FROM: Deborah S. Traffenstedt, Senior Planner SST DATE: April 24, 1996 (CC Meeting of 5 -1 -96) ITC SUBJECT: CONSIDER DRAFT COMMENTS ON SECOND REVISED DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) FOR TRANSIT MIXED CONCRETE COMPANY AGGREGATE MINN, CONDITIONAL USE PERMIT (CUP) NO. 4633 BACKGROUND The proposed Transit Mixed Concrete Project, Ventura County Conditional Use Permit (CUP) No. 4633, is for continued operation and expansion of an existing aggregate mining operation at a site located approximately four miles north of the City of Moorpark, but within the City's Area of Interest. The proposed permit area encompasses 533 acres located at the terminus of Happy Camp Road, about 1.5 miles north of Broadway (Highway 23), as shown on the attached maps (Attachment 1). The Transit Mixed Concrete Project site has been mined since 1948. In 1961, the County issued CUP -1328 for the mine. In 1975, operations at the mine were ceased. In 1976, Blue Star Ready Mix, Inc., purchased the property and acquired a renewal of CUP -1328 (consisting of a Major Modification of the original CUP). In 1986, Blue Star Ready Mix, Inc., filed an application for a new permit, and CUP -1328 expired. In 1988, the County deemed the CUP application complete, and work on a Draft EIR was initiated. The first Draft EIR was released for public review in 1991 and a Revised Draft EIR was released for public review in 1992. In October 1993, the mining operations and property were acquired by Transit Mixed Concrete (TMC) Company, which proposes to operate the mine and related operations in accordance with the CUP application filed by Blue Star Ready Mix, Inc., in 1986. In March 1994, a Revised Draft EIR was circulated for public review. In October 1994, following public hearings, the County's Environmental Report Review Committee directed that the Preliminary Final EIR be prepared and that additional studies be conducted to address outstanding issues on traffic and noise. These studies were completed and, at TMC's request, a Second Revised Draft EIR is now under public review. TMC mining operations have been permitted by the County to continue, pursuant to a Compliance Agreement, while the County processes TMC's CUP -4633 application and completes the associated California Environmental Quality Act environmental review. A Compliance Agreement is an enforcement tool permitted by County Code and is used to achieve zoning compliance. Although CUP -1328 has expired (except for its Reclamation Plan), its provisions have, in effect, been reinstated in accordance with the provisions of the Compliance Agreement. Under the terms of the Compliance Agreement, TMC is permitted to conduct mining operations within the previously approved Grading and Reclamation Plan and subject to the Conditions of Approval for CUP -1328. Honorable City Council April 24, 1996 Page 2 CUP -1328 encompassed 284 acres, of which 175 acres were approved for mining. Under proposed CUP -4633, the applicant proposes to expand the previous CUP boundary to include an estimated 533 acres, with the mining area encompassing about 217 acres. Of the proposed mining area, 146 acres are currently undisturbed. The new applicant is still requesting a 50 -year CUP with mining to occur in three phases. Phase I includes approximately 65 acres, to be completed within 5 -10 years. Phase 2 includes a 50 -acre area that would be mined within 10 -20 years. Phase 3 includes about 102 acres and would be mined over a 30 -40 year period. A new asphalt production plant and a recycling operation are also proposed. For the recycling operation, a portable base plant would be used to periodically crush old concrete brought to the site by returning haul trucks. The proposed maximum annual mine production rate is 3,400,000 tons (in comparison, the 1986 annual mine production rate was 1,210,400 tons and the 1992 rate was 954,000 tons). The production rate was reduced in 1990 and in subsequent years due to the recession. The proposed production rate would result in an estimated 1,718 daily trips (in comparison, the 1986 level of operations at the project site resulted in a daily average of 810 one -way, heavy truck trips). The Summary Tables from the Second Revised Draft EIR are attached (Attachment 2). The TMC Project will result in significant, unmitigable, impacts to biological resources, visual resources, air quality, and noise. Following in the Discussion Section are recommended comments on the current Second Revised Draft EIR that are proposed to be included in a comment letter to the County of Ventura. DISCUSSION SECOND REVISED DRAFT EIR COMMENTS Compatibility with Adjacent Land Uses 1. Page 4 -14, Section 4.1.10, COMPATIBILITY WITH ADJACENT LAND USES, Viewpoint No. 2: The Mine Is Not Compatible with Adjacent Land Uses - The City concurs with Viewpoint No. 2, based on significant traffic, noise, visual, and air quality impacts resulting from the proposed three - phase, 50 -year mining operations. 2. Page 4 -19, Section 4.1.12, GENERAL PLAN CONSISTENCY - The City does not concur with the conclusion regarding no significant truck traffic, noise, and odor impacts. See following comments. Groundwater 3. Pages 4 -44 and 4 -45, GROUNDWATER, GENERAL PLAN CONSISTENCY - The goals referenced are not from the current Moorpark General Plan Land Use Element. Biological Resources 4. Pages 4 -49 through 4 -77, BIOLOGICAL RESOURCES - Discussion should be revised to reflect more current biological resource information based on an updated survey of the project site. The discussion on Page 4 -49 identifies that the last survey of the site was in 1991. The quality of the on -site habitat, and the inventory of sensitive plant and animal species potentially occurring in the Moorpark area, may have changed since 1991. For example, in 1996, four California gnatcatchers (two nesting pairs) were sighted in Coastal sage scrub habitat within the northern area of the City. The California gnatcatcher is a Federally threatened species and is considered a species of special concern by the California Department of Fish and Game. Based on the Draft EIR discussion, the City's understanding is that the proposed mining operations would impact a total of 80 acres of Coastal sage scrub habitat. Honorable City Council April 24, 1996 Page 3 5. Pages 4 -68, 4 -70, 4 -76, and 4 -77 - The City concurs with the conclusions that both the loss of Coastal sage scrub habitat and the loss of nesting and /or breeding habit for sensitive species are significant, unmitigable (Class 1) impacts. 6. Page 4 -74, Section 4.5.4 -1, Consistency with the General Plan of the City of Moorpark, Natural Resources - The Goal identified is not from the City's current General Plan and the stated conclusion is not consistent with the identified Class 1 loss of habitat impact. Suggestion is that Land Use Element Goal 15 and related Policies 15.1 and 15.2 and Open Space, Conservation and Recreation (OSCAR) Element Goal 4 be addressed (see Attachment 3). visual Resources 7. Page 4 -82, Section 4.6.2 -1, Recommended Condition, Nighttime Lighting - The City concurs with the nighttime lighting restrictions; however, we disagree with automatically allowing 60 days per year of nighttime processing. As requested in previous comment letters, the City is again requesting that the proposed automatic 60 days of nighttime processing should not be permitted, because such operations would be very difficult to monitor or enforce. Suggestion is that a temporary or emergency use permit be required for nighttime operations and that the City receive notification upon issuance. 8. Pages 4 -80, 4 -81, and 4 -84 - The text on the referenced pages gives the impression that there are few viewers of the existing Phase 1 and future Phases 2 and 3 cut slopes. One example is the reference on Page 4 -80: "The existing mine is not visible to most of Moorpark due to intervening topography. However, there are scattered views along Tierra Rejada Road." A more correct representation would be that the existing mine's cut slopes are viewed from many areas in Moorpark, including the residential neighborhoods located south of the Arroyo Simi, and from roadways such as Spring Road and Los Angeles Avenue /New Low Angeles Avenue. Spring Road in 1994 had ADT volumes ranging from 5,000 to 8,000. Los Angeles Avenue /New Los Angeles Avenue in 1994 had ADT volumes ranging from 21,000 to 33,000. The ADT volumes are projected to increase in future years. Phases 2 and 3 grading would also increase the number of viewers. To conclude, the City disagrees that Phase 1 excavation would only be visible from Happy Camp Canyon Regional Park. City residents do view the existing cut slopes. We concur that Phases 2 and 3 excavations would result in significant, unmitigable visual impacts. 9. Page 4 -83, Section 4.6.4 -1, Consistency with General Plan of City of Moorpark, Goals listed are not from the City's current Land Use Element. Suggestion is that Land Use Element Goal 14 and Policies 14.1, 14.2, Land Use Element Goal 16 and Policy 16.2, and OSCAR Element Goal 1 and Policy 1.1 be addressed (see Attachment 3). Air Ouality 10. Pages 4 -101, 4 -102, and 4 -106, Odors from Asphalt Plant and Asphalt Haul Trucks - Conclusion in Second Revised Draft EIR is that residents along streets in Moorpark, where the asphalt delivery trucks (120 -144 weekly) would travel, may experience asphalt odors and find them objectionable. Next conclusion is that this impact is an insignificant adverse impact. No evidence is given to support conclusion of insignificance. The prior Draft EIR identified the impact as Class 1. The City concurs with the original assessment. Honorable City Council April 24, 1996 Page 4 (For the City Council's information, the EIR identifies that the primary sources of odors from the project are the proposed hot -mix asphalt plant and haul trucks that would transport the asphalt along Happy Camp Road and streets within Moorpark. According to the EIR, emissions from the asphalt plant will be relatively small, and unlikely to be detected off -site; however, the EIR also states that there is no accepted methodology to assess the potential for odors from asphalt haul trucks to be detected and found objectionable by residents along streets where the haul trucks would travel. The conclusion is that "Given the amount of daily asphalt truck traffic, it is likely that certain residences may experience asphalt odors and find them objectionable. ") Noise 11. Page 4 -128, Recommended Conditions, Third -Party 24 -Hour Telephone Service - The City concurs with the proposed condition requiring a third -party 24- hour telephone service to receive and log noise, night - lighting, dust traffic speeding trucks, unsafe truck operations, use of "fake brakes" and /or other complaints. We are requesting that the City of Moorpark be given notification of any complaint received from a Moorpark resident. 12. Pages 4 -131 -132, Section 4.8.5, MITIGATION MEASURES - Three noise mitigation measures have been proposed (see Attachment 4) that the City generally concurs with. Traffic 13. Pages 140 -141, Section 4.9.2 -3, Proposed Project Intersection Impact Analvsis, Tables 36 and 37 - The levels of service described in the referenced tables for the AM and PM peak hours are no longer entirely accurate. Updated traffic counts were completed in early 1996 for the City's Specific Plan No. 2 Project (see Attachment 5). The attached Existing ICU Comparison Summary has been provided, because the 1993 traffic count information used in the Second Revised Draft EIR understates the LOS at several intersections. For example, Los Angeles Avenue /Moorpark Avenue is shown in the EIR at LOS "A" for the AM peak and at LOS "B" for the PM peak; however, the actual LOS is "C" for the AM peak and LOS "D" for the PM peak. 14. Page 4 -138, Section 4.9.2, PROJECT IMPACTS, City of Moorpark - The City Council should be aware that the following criteria are identified under the City of Moorpark heading for identifying project- specific impacts at the study intersections within the City of Moorpark: At an intersection that is operating at LOS D (with project traffic), a significant impact is attributable to the project if the project traffic results in a V/C ratio change greater than or equal to 0.02. At an intersection that is operating at LOS E or LOS F (with project traffic), a significant impact is attributable to the project if the project traffic results in a V/C ratio change of 0.01 or greater. The above listed criteria have recently been used in two traffic studies prepared for City projects (Moorpark Country Club Estates and Specific Plan No. 8); however, the Council has not formally adopted the above criteria and they are not included in the current City Traffic Study Guidelines. A more conservative approach would be to use the V/C ratio change greater than or equal to 0.01 as a significant impact for all intersections operating at LOS D, E, or F; however, a more strict V �Jsw Honorable City Council April 24, 1996 Page 5 criterion would also affect City projects that will be impacting the same roadways. Staff recommends that this issue be discussed at the May 1 meeting. The City Traffic Engineer is currently reviewing the Traffic Study and will attend the May 1 meeting. 15. Page 4 -143, Section 4.9.2 -4, Safety Impacts, Recommended Condition - The proposed condition requiring an engineering evaluation of the Grimes Canyon Road /SR -118 intersection to determine how many of the trees should be removed will not mitigate the problems at that intersection. The City's, recently approved, Moorpark Country Club Estates Project (which, for the Year 2000 model conditions, was projected to add approximately 20 AM and 30 PM peak hour trips in each direction to the existing traffic on Grimes Canyon Road between "C" Street and Los Angeles Avenue) has been conditioned as follows: Prior to issuance of the first zone clearance for occupancy for any phase within the approved tentative tract, the intersection of Grimes Canyon Road and Highway 118 (Los Angeles Avenue) shall be modified to provide a southbound left turn pocket on Grimes Canyon Road and westbound right turn lane on Los Angeles Avenue. Modifications shall also be made at the railroad crossing adjacent to this intersection to improve the safety of this location, as approved by the City Engineer. In addition, a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Plans for modification of the Los Angeles Avenue(State Route 118) /Grimes Canyon Road intersection shall be reviewed and approved by the City and Caltrans. Plans for modification of the railroad crossing shall be reviewed and approved by the Southern Pacific Railroad, County of Ventura and the City. A sight distance study shall also be conducted as part of the intersection and railroad crossing modifications. The TMC Project should be similarly conditioned to participate in the required improvements. 16. Pages 4 -147 and 4 -148, Sections 4.9.3 -2 and 4.9.3 -3, Year 2000 and Year 2015 Analysis, Participation in Reciprocal Traffic Impact Mitigation Fee Agreement - The City concurs with the proposed language of the condition, which requires the permittee to participate in any reciprocal traffic mitigation fee agreement between the City of Moorpark and the County of Ventura that is designed to reduce the cumulative traffic impacts. Participation is proposed to be based on the permittee's pro rata contribution to the impacting traffic and shall be limited to the incremental addition to traffic (i.e., in addition to the "existing setting" of 1,050 one -way vehicle trips per day, of which 810 involve one - way truck trips). The City questions whether the proposed condition should also be imposed as a mitigation measure. We are concerned that the Year 2015 analysis of traffic impacts did not adequately disclose the impact on Moorpark Avenue and Los Angeles Avenue /New Los Angeles Avenue if the SR -118 and SR -23 bypass arterials are not constructed. The City does not concur with the conclusions for the Year 2015 traffic analysis. The City's 2010 Traffic Model is based on projected General Plan buildout and has been used for the TMC Project 2015 analysis. The City's 2010 model assumes that in conjunction with buildout, completion of the required circulation system will also be achieved, including SR -118 and SR -23 bypass arterials. Construction of the SR -23 and SR -118 bypass arterials, however, is dependent upon fees to be collected from new 0+x'3333 Honorable City Council April 24, 1996 Page 6 development, including development outside the City limits, which would otherwise contribute to significant cumulative traffic impacts within the City of Moorpark. Those future bypass roadways will only be constructed if both the County and the City collectively condition projects to pay a mitigation fee to fund them. The County's traffic fee mitigation program does not provide funding for any roadway improvements within the City limits. The City, therefore, considers the proposed project's cumulative traffic impact as significant. The discussion on Page 4 -148 references that the scenario presented in this analysis is based on the traffic volumes and circulation system as contained in the transportation and circulation section in the EIR for the City's Hidden Creek Ranch Project. What is not made clear, however, is that the Traffic Study for that project also states that even with intersection improvements along Los Angeles Avenue, only approximately 20 percent of projected General Plan buildout between the Year 2000 and the Year 2010 can be accommodated. Key intersections along Los Angeles Avenue will operate at the LOS F range for the General Plan buildout if the SR -118 bypass arterial is not constructed, which would not be an acceptable level of service as defined by the Ventura County Congestion Management Plan. 17. Page 4 -151, Section 4.9.4, GENERAL PLAN CONSISTENCY - Consistency with the City's General Plan is not addressed. Suggestion is that consistency with the City's Circulation Element Goal 2 and related Policies 2.1 through 2.4 should be analyzed. 18. Page 4 -151, Section 4.9.5, MITIGATION MEASURES - See prior comment regarding the need for intersection improvements at Grimes Canyon Road. In addition, the City recommends that the Noise mitigation measure No. N -2 be included for cumulative traffic impacts, but should be modified to also include reference to the funding of the proposed SR -118 bypass extension, based on the trip distribution percentages. Project Alternatives 19. Pages 5 -10 and 5 -11, Section 5.7.2, STATE ROUTE 23 NORTH -SOUTH BYPASS - The City requests that the discussion for this alternative also recognize that the City is also considering an alternative circulation system for the Specific Plan No. 2 project that would create an arterial roadway connecting Walnut Canyon Road to Spring Road, that could serve as an interim SR -23 bypass arterial. For the Alternative Access Routes mitigation measure addressed on Page 5 -11, we repeat our prior comment for traffic impacts that the mitigation measure should be revised to also include reference to the funding of the proposed SR -118 bypass extension. 20. Page 5 -12, Section 5.7.3, EASTERLY EXTENSION OF BROADWAY, Alternative Access, Easterly Extension of Broadway - We concur with the proposed condition requiring the permittee to participate in any assessment district or other financing technique, including the payment of traffic mitigation fees, which the County of Ventura may adopt to fund or partially fund the proposed easterly extension of Broadway to connect with State Route 118. Participation is proposed to be based on the permittee's pro rata contribution to the impacting traffic and shall be limited to the incremental addition to traffic (i.e., in addition to the "existing setting" of 1,050 one -way vehicle trips per day, of which 810 involve one - way truck trips). Again, we recommend that this requirement should be a mitigation measure as well as a condition of approval. 21. Section 6.7, Second Environmentally Superior Alternative - (This alternative has been modified and for the City's Council's review is included as Attachment 6. This alternative does not allow the asphalt plant.) acv V a.�1J_X Honorable City Council April 24, 1996 Page 7 The City is requesting two modifications to the Second Environmentally Superior Alternative: We note that the Environmentally Superior Alternative in the prior Revised Draft EIR required a Major Modification to conduct Phase 2 mining for no more than 10 years and a new CUP to complete Phase 3 mining. The new language allows issuance of a permit for Phases 1 and 2 for a duration of no more than 20 years, with a requirement that a permit modification be approved in order to continue Phase 2 mining beyond that time. A subsequent permit modification to the CUP would be required in order to initiate Phase 3 mining. Given that Phase 1 mining has been occurring since 1986, the City does not object to the revision of the Environmentally Superior Alternative to include approval of Phases 1 and 2. We do, however, strongly object to the new language that could allow Phase 3 mining to be approved with a Minor Modification, without a public hearing. We are, therefore, requesting that the Second Environmentally Superior Alternative be revised to require a new CUP to allow Phase 3 mining. The City's second comment is in regard to the limitation on average daily traffic to that of the "Existing Setting." We note that payment of the County's traffic mitigation fee would not mitigate the cumulative traffic impacts of the project within the City limits. We are, therefore, requesting that the language of the Environmentally Superior Alternative be revised to read as follows: The applicant either limits average daily traffic to that of the "Existing Setting (i.e., 810 one -way, heavy truck trips and 240 employee /other one -way trips), or the applicant would pay the Traffic Impact Mitigation Fee described in Section 4.9.3 -1 for all additional trips, and a bypass roadway has been constructed which Also, as previously requested, the Environmentally Superior Alternative should include a provision that would require the applicant to obtain a temporary or emergency use permit from the County if any truck deliveries or returns are proposed before 6:00 a.m. or after 6:00 p.m., Monday through Saturday. The proposal of the applicant that they can operate at night about 60 days per year is too open ended, and could not be effectively monitored or controlled by the County. The City also requests notification, prior to County approval, of any proposal by TMC to operate at night or on a Sunday. PROJECT CONIIERNTS Staff proposes that the City of Moorpark would recommend that the County select the Second Environmentally Superior Alternative, with certain modifications, as discussed above. An asphalt plant is not allowed by the Second Environmentally Superior Alternative. The City's comment letter should also recommend that the County require the mine operator to submit any future application for a new CUP a minimum of two years prior to permit expiration, to ensure that the mine does not continue to operate without a valid permit as has occurred since 1986. It is staff's opinion that approval of the requested CUP for a 50 -year period (and three mining phases) is not justified based on the following: Honorable City Council April 24, 1996 Page 8 1. A 50 -year CUP is beyond the time period covered by both the County and City General Plans. 2. Estimating impacts for a 50 -year period is beyond the capabilities of both the County and the City of Moorpark. (Neither the County nor the City has adopted land use projections beyond the year 2020, and traffic modeling capabilities are similarly limited. Since land use and traffic projections are used as the basis for calculating air quality and noise impacts, the future impacts of the project cannot be accurately estimated.) 3. The proposed project will result in significant noise, visual, air quality, odor, and traffic impacts to City of Moorpark residents. 4. Planned excavation in Phases 2 and 3 will result in significant visual impacts to existing and future residents and open space /recreation area users. Requiring a new CUP approval for Phase 3 would allow additional opportunities to address the significance of visual impacts to City Specific Plan Areas Nos. 2 and 8, based on approved specific plans. 5. Requiring a new CUP for Phase 3, will allow the City and the public additional opportunities to comment on the project impacts, compliance with conditions of approval, and access issues. This approval restriction would also allow the County the opportunity to impose additional conditions of approval on the new CUP for Phase 3, if required to minimize project impacts. In addition to the preceding comments on the Revised Draft EIR and the project, staff intends to again request that a copy of the annual status report on mitigation compliance be provided to the City. STAFF RECONKENDATION Direct staff to prepare a letter to the County, which addresses City Council and staff comments on the Revised Draft EIR. Attachments: 1. Location Maps 2. Second Draft EIR Summary Tables 3. Moorpark General Plan Goals and Policies Excerpts 4. Proposed Noise Mitigation Measures 5. Existing ICU Comparison Summary (prepared for Specific Plan No. 2) 6. 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'.` S /'� 11 'j�.... „ I�uIS qqA rusnB 6, �LSw �'� l 4) C� (rll L08 P60HOtoAJIM.4 I L R 5 <S ) 1 r Q ) I �� �l •, l 7E''t' � � '��1 � � `t x U ' � ���' � t 1 �it � � ���_� 1 �� CL '��i� I'� SN i I i.I' C rj °G2 °'��. i S� _ _ # �- 1 `.'i : -�•- 1." ) l- '� m EU I `) J 1 1 y r �-! , L" FIGURE IS �'rr Ir�f �'' \�l {tiy�1, t r•����/ I } !� .IT�' r,t_• 5.� f >l�)�., p•^ �F((t� y. , :} q r''. r va. _ { _ 1�5 r /, PROXIMITY TO I, -i -.\ .'?., 11, I d ', i�'� L,.'� •III ' )) �,. h 11.E ' lam.\ I �O / `'l, ^ne ,. ,�' " \, t �I,% •s \ j d } ( m Pen' Z MOORPARK I�l�.l•�! ,.r�.,�,� n`,� �.} �✓,Ie{'r• � � f _i� , �I`� ,I � I £l. ` /f9(,..,.opJ�e,lo l�•::. kall Dam" i Mom* gL ■ r N r r r r r ATTACHMENT 2 TABLE S -1 Summary of Significant, Unmitigable Impacts (Class I) Issue Area Description of Impact Recommended Mitigation Measure Residual Impacts ----------------- --- - ------- ----------------- Incremental disturbance of about B -1 Revegetation Plan --------------- - Revegetation using local native seeds 146 acres of native vegetation, - Topsoil management including coastal sage scrub, - Procedures to control invasive species alluvial scrub, chamise chaparral, - Contingency for supplemental irrigation and other habitat. - Reclamation Plan per SMARA Loss of 80 acres of coastal sage requirements - Oak woodland and alluvial scrub Signi ficant scrub habitat and 7 acres of alluvial replacement scrub habitat which are both considered "very threatened" by the B -2 Avoidance Measures California Department of Fish and Revise the Phase 3 limits of mining to Game. avoid oak trees in the large grove on the BIOLOGICAL east side of the project site. RESOURCES B -3 Habitat Management and Com nsation E10 Loss of nesting and/or breeding habitat for coast horned lizard, Potential enhancements shall include, but coast patch -nosed snake, and not be limited to: 1) purchase and loggerhead shrike, and possibly for installation of wildlife guzzlers; 2) several raptor species that may use purchase and installation of fencing of Significant the project site for roosting and sensitive areas; 3) purchase of an open foraging, including the golden space easement on adjoining lands that eagle, Cooper's hawk, and black- have habitat value; 4) fund revegetation shouldered kite. efforts in disturbed areas of the mine site, particularly areas disturbed prior to 1976; and 5) dedication of land in fee. Phase 2 and 3 excavations would be visible to many communities south of the mine, as well as Significant recreationalists in middle and V -1 Visual Elements of Reclamation Plan upper Happy Camp Canyon - Use gradual and smoothed slopes VISUAL Regional Park. - Create a smooth transition with the RESOURCES adjacent, undisturbed slopes Near -term, Phase 1 excavation would be visible to recreationalists - Revegetate with native plants using the hiking trails in upper Significant Happy Camp Canyon Regional Park. A -1 Air Emissions Miti�tion Plan NO, and PM,, exceedances of both - Equipment/engines prosperly the state and federal air quality maintained tuned Significant standards for O; and PM,,. - Dust control on mined slopes, on -site roads, and stockpiles with water or AIR QUALITY chemical agents ROC emissions in excess of the - Temporary grass cover on inactive slopes prescribed threshold criteria for - Water spray or cover delivery trucks Significant regional air quality. - Cease mining in high winds - Limit haul truck speeds C:\CUP\4633\EIR\2RDE1R 2-3 0_:. TABLE S -1 (continued) Summary of Significant, Unmitigable Impacts (Class I) Issue a Residual Significant, Description of Impact Recommended Mitigation Measure N -2. Alternative Access Routes Area acts f'� C:\CUP\4633\E1R\2RDE1R 2 -4 Significant, N -2. Alternative Access Routes assumes the Requires permittee pro -rata share circulation participation in any assessment district or improvements other financing technique adopted to fund are not or partially fund the proposed S.R. 23 by- implemented pass extension. by the City of Moorpark NOISE Contributes incrementally to cumulative noise along Walnut N -3. Noise Monitoring Program for Walnut Canyon Road/Moorpark Avenue Canyon Road. Requires reciprocal agrrment and Significant, permittee pro -rata share participation in a City of Moorpark sponsored traffic noise assumes recirpocal monitoring program to develop, fund, and agreement aggreement is implement a traffic noise monitoring and not acheived. enforcement program designed to reduce traffic noise impacts on Walnut Canyon Road/Moorpark Avenue. f'� C:\CUP\4633\E1R\2RDE1R 2 -4 I i F r J I A TABLE S -2 Summary of Significant, Mitigable Impacts (Class II) Issue Description of Impact Recommended Mitigation Measure Residual Residual Area Damage to equipment and i i n Recommendations for mitigation of slope Less than CACUP\463AEIR12RDEIR 2 -5 ppaad� --- - - - - -- GG-1 Sloes Stability Analysis and Damage to equipment and i i n Recommendations for mitigation of slope Less than buildings as a result of ground failure hazards such as slope significant ng' configuration, safe excavation procedures, and use of standard engineering practices including buttressing, cut and fill Slope stability problems, including excavation, and control of drainage on any GEOLOGY the potential instability of temporary cut slopes during mining newly exposed landslides. Less than AND GEOHAZARDS operations and the instability of P GG -2 Reclamation Plan significant permanent cut slopes after final Plan revision that: 1) incorporates the reclamation of the site. results of the 1993 and 1994 revegetation test plots; and 2) meet all applicable Instability of permanent slope cuts SMARA requirements, including but not after the reclamation of the site limited to revegetation, topsoil Less than include the instability of, and management, protection of wildlife values, significant damage to, offsite property. and any newly adopted standards for reclamation. Loss of up to 50 oak trees, mostly located in a large grove in Phase 3 area, (significant, mitigable impact, B -2 Avoidance Measures Class I1). The number of oak trees Revise the Phase 3 limits of mining to than BIOLOGICAL lost will depend upon the degree to avoid oak trees in the large grove on the significant RESOURCES which trees can be avoided by: 1) east side of the project site. minor changes in the limits of mining, and 2) the number of trees replaced on -site pursuant to the Tree Protection Regulations. V -1 Visual Elements of Reclamation Plan - Use gradual and smoothed slopes Long -term, the Phase 1 excavation - Create a smooth transition with the would eventually be ameliorated adjacent, undisturbed slopes through reclamation once the - Revegetate with native plants VISUAL RESOURCES reclaimed slopes have been restored to gentle contours and Refer to the following condition of approval Less than significant revegetated with sufficient described below in Table S -3 (VISUAL vegetative cover to blend in with RESOURCES): natural slopes. Windrow Planting CACUP\463AEIR12RDEIR 2 -5 ppaad� TABLE S -2 (continued) Summary of Significant, N itigable Impacts (Class II) Issue a Residual Description of Impact Recommended Mitigation Measure Trucks are prohibited from using "jake Area a loud intrusive sound that is likely acts C: \CUP\4633\EIR\2RDEIR 2 -6 N -1. Prohibit Jake Brakes The use of "jake" brakes results in Trucks are prohibited from using "jake a loud intrusive sound that is likely brakes" along Happy Camp Road and Less than to exceed 70 dB. Walnut Canyon Road or within the City of significant Moorpark, except under emergency operating conditions. Less than N -2. Alternative Access Routes significant, Requires permittee pro -rata share assumes the participation in any assessment district or City of NOISE other financing technique adopted to fund Moorpark or partially fund the proposed S.R. 23 by- implements pass extension. the circulation improvements Contributes incrementally to cumulative noise along Walnut N -3. Noise Monitoring Program for Walnut Canyon Road. Canyon Road/Moomark Avenue Requires reciprocal agrrment and Less than permittee pro -rata share participation in a significant, City of Moorpark sponsored traffic noise assumes monitoring program to develop, fund, and recirpocal implement a traffic noise monitoring and agreement is enforcement program designed to reduce acheived. traffic noise impacts on Walnut Canyon Road/Moorpark Avenue. T -1. Roadbed Maintenance and Repairs Extraordinary road maintenance Eund Requires permittee to pay an $10,737 per Less than and repair of Happy Camp Road and Grimes Canyon Road. year into a revolving fund to be used on significant Happy Camp Road and Grimes Canyon Road for as- needed road repairs. T -2 Traffic Impact Mitigation Fee Pursuant to the Traffic Impact Mitigation TRAFFIC Fee Ordinance (Ordinance #4071), requires the permittee to pay a traffic impact mitigation fee of $74,695.76. Cumulative impacts to the Less than Regional Road Network. Refer to the following condition of approval significant described below in Table S -3 (TRAFFIC): Participation in Reciprocal Traffic Impact Mitigation Fee Agreement C: \CUP\4633\EIR\2RDEIR 2 -6 TABLE S -3 Summary of Insignificant, Adverse Impacts (Class III) Issue Area Description of Impact Recommended Conditions o Approval Residual Im acts GEOLOGY AND C: \CUP14633\EIK\2RDEIR 2 -7 000-110.1 Damage to equipment and Refer to the following mitigation measures described above in Table S -1: GEOLOGY AND buildings as a result of fault rupture, subsidence, and /or Insignificant GEOHAZARDS liquefaction. GG -1 Slone Stability Analysis and Mitigation GG -2 Reclamation Plan Groundwater QualiU - Standing Water Requires removal of fine soil and debris to reduce the retention time of water in mining pits and sediment detention Slight increases in TDS and basins. other dissolved constituents Insignificant that could potentially affect Also requires that rainwater collected in groundwater quality. the large unlined sediment detention basin located in the southeast portion of the site be pumped into the two waste water ponds for use in the mining operations. Groundwater Quality - Spill Prevention Specifies procedures for the storage, handling, and disposal of potentially Accidental spill of fuels, oils, hazardous materials. GROUND paints and solvents that could P Insignificant WATER potentially affect groundwater Requires Environmental Health Division quality. permit for the installation, use and operation of underground hazardous materials storage tanks. Groundwater Duality Protection - Recycling Ponds and &12tic Systems Requires quarterly water quality samples Infiltration of contaminants and if water quality samples exceed the into the groundwater aquifer maximum contamination level(s) set by Insignificant due to leakage from the onsite local, state or federal agencies, the septic system. permittee is to immediately consult with the County and other agencies, to identify and implement the changes needed to comply with water quality standards. C: \CUP14633\EIK\2RDEIR 2 -7 000-110.1 TABLE S -3 (continued) Summary of Insignificant, Adverse Impacts (Class III) Issue Recommended Conditions Residual Area Description of Impact of Approval t Im acts CACVP\4633\EIR\2RDEIR 2 -8 000404 Sediment Detention Basin Decien Specifies capacity and structural integrity of the existing sediment retention ponds (i.e., must adequately contain the sediments resulting from a 100 -year event with a 75% scarified watershed). Monitored via annual Potential for increased SMARA -compliance inspection. EROSION AND ENTATION sediment loading of Happy Clearig Sediment Plan Clearing Insignificant Camp Canyon Regional Park. Requires the removal of sediment when the capacity of any sediment detention basin on site is reduced by more that 10 %. Each year, sediments must be cleared prior to 1 November to ensure there is adequate basin capacity prior to the winter season. Monitored via annual SMARA- compliance inspection. Potential loss of a sensitive Botanical Su rye vs Requires field surveys, prior to mining plant species (i.e., Nevin's activities in Phase 3, to determine the brickellia) that potentially presence of any sensitive plant species Insignificant occurs within the proposed identified in the EIR. If found requires mining area. sensitive seed collection and/or transplanting. Potential dust, nighttime Refer to the following mitigation measures lighting and impairment of described above in Table S -1: wildlife movement on and Insignificant through the proposed project V -1 Visual Elements of Reclamation Plan A -1 Air Emissions Midga ion Plan area. Avoidance /Protection 12fF4hemeral D ainaQes BIOLOGICAL Requires amended Mining Plan so the RESOURCES limits of mining avoid encroachment into the ephemeral drainage at the west side of the project site, north of CUP -4158 mine. Removal of the central Requires grading and excavation within the drainage and potential vicinity of the ephemeral drainage at the disturbance of the western west side of the project site be completed in Insignificant drainage. a manner that ensures drainage from all disturbed areas will}low towards the mine. Requires construction of 3 to 4-feet high earthen berms along the excavated side of the drainage to prevent erosion into the drainage to the east. These berms are to be seeded with annual grasses to ensure their integrity. CACVP\4633\EIR\2RDEIR 2 -8 000404 r y I TABLE S -3 (continued) Summary of Insignificant, Adverse Impacts (Class III) Issue Recommended Conditions Residual I Area Description of Impact of Approval Im acts C: \CUP\4633\EIR\2RDEIR 2-9 00040 1 54 Refer to the following mitigation measures described above in Table S -1: V_1 Visual F]ements of Reclamation Plan Also, the following condition of approval is Long -term, the Phase 1 excavation would eventually be ameliorated through recommended: reclamation once the reclaimed slopes have been restored to Windrow Plantine Insignificant gentle contours and The permittee shall plant and establish a revegetated with sufficient windrow of large native trees near the vegetative cover to blend in lower debris basin (i.e., at the mouth of with natural slopes. the canyon between TMC and Happy Camp Canyon Regional Park) in order to screen the mine from users in the low lying areas of the Happy Camp Canyon Regional Park. VISUAL Nighttime Lightins Requires shielding and direct lighting to RESOURCES minimize off -site glare, particularly to the south and east. Requires reasonable effort be made to avoid nighttime processing on those nights when the Santa Monica Mountains Conservancy conducts scheduled star- gazing hikes in Happy Camp Canyon Minor nighttime lighting. Regional Park. Insignificant Limits nighttime processing to a maximum of 60 days per year, unless otherwise authorized in advance by the Planning Director. Refer to the following condition of approval described below in Table S -3 (NOISE): Third -Party 24 -Hour Telephone Service SO, and CO emissions. Insignificant Refer to the following mitigation measures Asphalt plant and asphalt haul described above in Table S -1: trucks odors that may be Insignificant AIR QUALITY objectionable to residents A -1 Air Emissions Mitigation Plan along the haul route. Refer to the following condition of approval Haul truck exhaust odors that may be objectionable to described below in Table S -3 (NOISE): Insignificant residents along the haul route. This -Party 24 -Hour Telephone Service Fugitive dust. Insignificant C: \CUP\4633\EIR\2RDEIR 2-9 00040 1 54 TABLE S -3 (continued) Summary of Insignificant, Adverse Impacts (Class III) Issue Recommended Conditions Residual Area Description of Impact of Approval I Im acts 24 -hour Contact Person Requires the Planning Director be provided with the current name and/or position title, address, and phone number of the permittee's field agent and other representatives who shall receive all orders and notices as well as all communications regarding matters of condition and code compliance at the permit site. Operation noise, off -site. Acrd -Party 24 -Hour Telephone Service Insignificant Requires a third -party 24 -hour telephone service to receive and log complaints. In operating this service, requires: - adjacent residents be provided number - post service number at entrance and on all permittee owned trucks - service to log complaints and transfer call to 24 -hour contact person - written response within 3 days to each NOISE vehicle safety complaint, indicating the corrective action(s) taken - log maintained describing timing and method of complaint disposition - Planning Director may at any time review the complaint log, method of complaint disposition, and all related correspondence to determine if there is a need to modify this requirement Noise Monitoring Truck traffic noise. Planning Director may direct, at Insignificant permittee expense, noise monitoring to determine if the project exceeds County noise standards. If a noise exceedance is found to exist, requires immediately steps to either cease the operations creating the noise exceedance, Qr implement noise control measures that effectively reduce noise levels to within County noise standards. C: \CUP\4633\EIR\2RDEIR 2 -10 2.3 CONSISTENCY WITH RA COUNTY GENERAL PLAN DESIGNATION The Ventura County General Plan designation for the majority of the proposed project area is Open Space (O -S). This land use designation includes areas managed for the production of resources, "including areas containing major mineral deposits... ". Approximately 40 acres in the northwest corner of the proposed CUP area has a General Plan designation of Agricultural. Mining activities are not being proposed on these 40 acres. The Ventura County General Plan designates certain areas as Mineral Resource Areas on the Resource Protection Maps. These areas are subject to the requirements of the Mineral Resource Protection Overlay Zone (Zoning Ordinance Designation), described below. Most of the proposed CUP area, and all of the proposed mining area, occur within areas so designated and these lands correspond with the Mineral Resource Zone Category 2 (MRZ -2) designation used by the State Division of Mines and Geology. MRZ-2 lands are defined as areas of statewide or regional significance where adequate information exists to indicate significant mineral resources are present. The State Division of Mines and Geology developed Mineral Resources Management Goals and Policies which state that MRZ -2 lands should be protected from preclusive and incompatible land uses so that the mineral resources are available when needed. In response to the DMG goals and policies, the County developed several General Plan goals, policies and programs to limit or preclude development within an MRP overlay zone if the proposed use would hamper or preclude access to, or the extraction of, the mineral resource. 2.4 CONSISTENCY WITH THE VENTURA COUNTY ZONING ORDINANCE Most of the proposed permit area and all of the area proposed for mining is zoned either "O -S- 160AC MRP" (Open Space, 160 acre minimum, Mineral Resource Protection Overlay Zone) or "A -E MRP" (Agricultural Exclusive, Mineral Resource Protection Overlay Zone). The purpose of the "O- S" zone is to provide for the conservation of renewable and nonrenewable resources. Approximately 80 acres in the northwest corner of the CUP area is zoned "A -E" (Agricultural Exclusive). Both the 9 CACUP463AEIR\2RDEIR 2-11 OW 407 Average daily traffic increased Insignificant by 668 one -way vehicle trips Participation in Reciprocal Tra "_W_= Mitigation Fee Agreement Requires permittee participation in any reciprocal traffic impact mitigation fee agreement between the City of Moorpark and the County of Ventura that is designed to reduce cumulative traffic per day. Insignificant Peak hour traffic volumes increase by 41 trips (A.M.) and 34 (P.M.) trips. Contributes to Year 2000 and TRAFFIC impacts. Insignificant Year 2015 traffic volumes. Warning Sign Sight Distance Evaluation Vehicle accident rates are excepted to remain high, with or without the presence of truck traffic. Insignificant Requires the permittee to conduct an engineering evaluation of the Grimes Canyon Road IS.R. 118 intersection to determine how many of the trees should be removed. 2.3 CONSISTENCY WITH RA COUNTY GENERAL PLAN DESIGNATION The Ventura County General Plan designation for the majority of the proposed project area is Open Space (O -S). This land use designation includes areas managed for the production of resources, "including areas containing major mineral deposits... ". Approximately 40 acres in the northwest corner of the proposed CUP area has a General Plan designation of Agricultural. Mining activities are not being proposed on these 40 acres. The Ventura County General Plan designates certain areas as Mineral Resource Areas on the Resource Protection Maps. These areas are subject to the requirements of the Mineral Resource Protection Overlay Zone (Zoning Ordinance Designation), described below. Most of the proposed CUP area, and all of the proposed mining area, occur within areas so designated and these lands correspond with the Mineral Resource Zone Category 2 (MRZ -2) designation used by the State Division of Mines and Geology. MRZ-2 lands are defined as areas of statewide or regional significance where adequate information exists to indicate significant mineral resources are present. The State Division of Mines and Geology developed Mineral Resources Management Goals and Policies which state that MRZ -2 lands should be protected from preclusive and incompatible land uses so that the mineral resources are available when needed. In response to the DMG goals and policies, the County developed several General Plan goals, policies and programs to limit or preclude development within an MRP overlay zone if the proposed use would hamper or preclude access to, or the extraction of, the mineral resource. 2.4 CONSISTENCY WITH THE VENTURA COUNTY ZONING ORDINANCE Most of the proposed permit area and all of the area proposed for mining is zoned either "O -S- 160AC MRP" (Open Space, 160 acre minimum, Mineral Resource Protection Overlay Zone) or "A -E MRP" (Agricultural Exclusive, Mineral Resource Protection Overlay Zone). The purpose of the "O- S" zone is to provide for the conservation of renewable and nonrenewable resources. Approximately 80 acres in the northwest corner of the CUP area is zoned "A -E" (Agricultural Exclusive). Both the 9 CACUP463AEIR\2RDEIR 2-11 OW 407 ATTACHMENT 3 LPMD USE ELEMEMT Policy 12.8: Any proposed project shall be required to contribute its fair share of the cost of providing adequate public services and facilities. Policy 12.9: Where :ietermined feasible, future development shall incluc e infrastructure improvements to allow use of tertic rry treated water. ECONOMIC DEVELOPMENT Ii D EMPLOYMENT GOAL 13: Achieve a well- balanced and diversified economy within the City which provides a variety of economic and employment opportunities. Policy 13.1: A balanced job /housing ratio should be encouraged. Policy 13.2: New commercial and industrial uses which will generate long -term employment opportunities and diversify the community's employment base shall be encouraged. Policy 13.3: The City shall encourage the coordinated revitalization of obsolete or declining commercial areas, particularly focusing on the downtown area. Policy 13.4: The City shall work with the business community in' a cooperative manner to encourage desired businesses to locate and to remain in the City. Policy 13.5: The City shall work with the business and development community to encourage an increase in sales tax capture. Policy 13.6: The City shall establish and implement a business attraction, promotion, and retention plan. PRESERVATION OF ENVIRONMENTAL QUALITY GOAL 14: Establish land uses and development intensities which are compatible with scenic and natural resources and which encourage environmental preservation. Policy 14.1: New development shall be located and designed to minimize adverse visual and /or environmental impacts to the community. Policy 14.2: New development shall respect, integrate with, and complement the natural features of the land. IU 00040h d' k:.\. iS. L, SLXJ .wo-r:SLts.`wi�rkt�rkYt2.i�:::: f•Y'•.S•.. ::..: ,..n:. ..: >••• .,•na taf .:n• w..�d./. s'%:::•: 3c�'•.'::'.: v�... c....,..: i�.l i]. izu .t:.::a.:::��//./d/L:� »`a.,. '' a:' 6: id5ad7.' i:.` k�a'' ai:$:•: �$: b: da:.' r:::•: :::::::•:iui:.w,,:;`.:i6fzv3;: r:::;:°:t,:",:i:.'..:•:•.':u: Policy 14.3: New development shall not contribute to or cause hazardous conditions of any kind. Policy 14.4: The flood control easement area adjacent to the Arroyo Simi floodway shall be preserved and enhanced as an important natural and scenic feature of the community. Policy 14.5: Compatible open space /recreational uses of the Arroyo Simi floodway should be encouraged which are consistent with the provisions of the Federal Emergency Management Agency for floodway uses. Policy 14.6: Areas identified as significant aquifer recharge areas shall be protected and preserved. GOAL 15: Maintain a high quality environment that contributes to and enhances the quality of life and protects public health, safety and welfare. Policy 15.1: Public & private projects shall be designed so that significant vegetation shall be maintained and protected, including riparian and oak woodland vegetation and mature trees (as defined in the City Code). Policy 15.2: Ecologically sensitive habitats shall be protected and preserved or replaced with no net loss of habitat so long as there is substantial public benefit to any relocation program. Policy 15.3: Natural and cultural resources having significant educational, scientific, scenic, recreational or social value shall be protected and preserved. Policy 15.4: Development which will not result in a negative impact on air quality shall be encouraged in order to maintain and enhance air quality for the health and well -being of City residents. Policy 15.5: The City shall require developers to maintain wildlife corridors to allow for the passage of animals between designated open space or recreation areas. Policy 15.6: Commercial, industrial and manufacturing uses shall be required to implement reuse, reduction, and recycling programs consistent with the City's Source Reduction and Recycling Element. 19 COQ('. :• •: ..... .n.. ....:U >::' >�:fi:i:;� >'::;4v �Y.j.:v "i:; :.; .. >:jjt {;iG . ?v: n}•:.•:: nv�; . { :::: ..: .....:: v:4i:{:::::: :.. v:.�:. �: :::. .:.. .. :1i Policy 15.7: Efficient /effective siting, operation and maintenance of sanitation facilities shall be encouraged to minimize offensive odors and discharges from the sanitation plant. Policy 15.8: Development in significant hazard areas, which cannot be mitigated without resulting in significant adverse environmental impacts, shall be prohibited. Policy 15.9: New development projects shall be required to use xeriscape landscaping techniques which include drought- tolerant plant species, reduction of turf area, irrigation designed to meet plant needs, and grouping plants according to their watering needs. Policy 15.10: The City shall encourage the introduction of water conservation fixtures, which exceed Building Code requirements, into new development projects. COMMUNITY APPEARANCE GOAL 16: Enhance and maintain the suburban /rural identity of the community. Policy 16.1: For each existing neighborhood the overall theme(s) and character shall be maintained or enhanced. Redevelopment and /or infill projects shall be consistent with the theme and character of the area. Policy 16.2: Hillside development standards shall be adopted which restrict grading on slopes greater than 20 percent and which encourage the preservation of visual horizon lines and significant hillsides as prominent visual features. (Conceptual Horizon Lines are shown on Exhibit 5, located at the back of this document.) Policy 16.3: The overall density and intensity of development should decrease as the slope increases. Policy 16.4: New residential development should complement the overall community character of the City, establish a sense of place, and ensure compatibility with important existing local community identities. 20 21 OiootLl - T . GOAL 17: Enhance the physical and visual image of the community. Policy 17.1: New development shall be compatible with the scale and visual character of the surrounding neighborhood. Policy 17.2: Identifiable entryways for the overall community, and unique or principal business /commercial districts of the City (i.e., City core and transportation corridors) should be encouraged. Policy 17.3: Design standards should be established for City entryways on the south (SR -23 and Tierra Rejada Road), east (SR -118 freeway at Los Angeles Avenue, and New Los Angeles Avenue), north (Walnut Canyon Road and future SR -23 extension), and west (Los Angeles Avenue), which encourage landscape setbacks, sign monumentation and other special design treatments to enhance gateways to the City. Policy 17.4: Design concepts should be established for the overall community and for special treatment areas, such as the downtown district, which may include guidelines for architecture, landscape architecture, signage, streetscape, and infrastructure. Policy 17.5: New development should incorporate a variety of landscape architecture themes and techniques to help organize and delineate land uses and to enhance the overall visual quality of the City. Policy 17.6: Enhanced landscaping shall be used around residential, commercial and industrial buildings and parking areas as well as along easements of flood control channels, roadways, railroad right of ways, and other public and private areas, to soften the urban environment and enhance views from roadways and surrounding uses. Policy 17.7: Design features which provide visual relief and separation shall be required between land uses of conflicting character. Policy 17.8: Undergrounding of utilities shall be required in conjunction with development projects whenever feasible. 21 OiootLl - T . ` OSCAR E1.ErnEAJT VI. GOALS AND POLICIES Goals and policies result from the needs, issues and constraints identified in the previous chapters. They are based on an assessment of these existing conditions as they impact community values. --- - - -- s Gr•e!s -fly . broad statements identifying major aspirations of the City. They describe desired results in ways that are general and unmeasurable. • Policies are specific statements committing the City to courses of action. GOAL 1 Preserve and enhance the unique aesthetic and visual qualities of Moorpark as a city with scenic topographic features and elements that promote the quality of life that Moorpark citizens pursue. Policy 1.1 - Protect the scenic viewsheds both to and from the City of Moorpark. (1109' This shall include those views extending north to the Santa Susana Mountains and south to Tierra Rejada Valley. This will extend to any new development and to any future renovations and additions that may potentially obscure a viewshed. Policy 1.2 - Study, monitor and link the existing Greenbelt Agreement Area to include landscaped arterial roadways as entrance ways to the City, bikeways, equestrian paths and hiking trails, to create a network of aesthetically pleasing links into and around the City. Policy 1.3 - Develop an architectural and landscape architectural design theme throughout the City that will serve as a guideline and a functional expression to promote the unique aesthetic and visual qualities through future developments. Policy 1.4 - Develop a hillside conservation, preservation and management program that functions to discourage ridgeline development-md /or alteration. Policy 1.5 - Explore with SCE and local utilities the potential to underground existing • above - ground lines. ' A. V( -1 f GOAL 3 Ensure the health, safety and general welfare of the public through designating land uses that will minimize the risk of danger to the public. Policy 3.1 - In areas designated for flood control purposes, promote the use of the area for passive recreation activities, (e.g., hiking, fishing, bike riding) and reserve in open space use until the land can be used for a purpose. Policy 3.2 - Where the Safety Element of the General Plan defines an area where building or development should be limited, promote the use of the property for recreation uses that do not require infrastructure (e.g., hiking, fishing, bike riding) and reserve the area in an open space category. GOAL 4 Preserve and maintain the physical and biological environment from future growth- related degradation. In those areas where degradation is inevitable, ensure the restoration of affected areas. Policy 4.1 - Cooperate and participate in regional air quality management plans, programs, enforcement measures and mitigation measures designed to reduce and /or minimize the amount of primary and secondary air pollutants. Policy 4.2 - Conserve and protect water quality supplies through cooperative efforts with the Ventura County Water Conservation Plan and any future regional water quality and water supply plans and programs that may be instrumental in reducing water quality- related problems. Policy 4.3 - Conserve, preserve and enhance the quality of biological and physical environments throughout the City of Moorpark. Require restoration of those areas unsatisfactorily maintained or subsequently degraded. Policy 4.4 - Protect agricultural areas from future development. This policy applies to those that are agriculturally productive and /or have beneficial qualities for designated use as open space corridors, existing viewsheds or open space. Vl -3 1 '(ti 1. ATTACHMENT 4 b. LegIH of 50dB(A) or ambient noise level plus 3dB(A), whichever is greater, during any hour from 7 P.M. to 10 P.M.. c. Le41 H of 45dB(A) or ambient noise level plus 3dB(A), whichever is greater, during any hour from 10 P.M. to 6 A.M. Policy 2.16.2 -4 Discretionary development which would be impacted by noise or generate noise which cannot be reduced to meet the standards prescribed in Policy 2.162 -1, shall be prohibited. This policy does not apply to noise generated during the construction phase of a project if overriding considerations are adopted by the decision - making body. The proposed project is con_ s stem with this goal and policy because it would not increase noise levels more than 3dB above ambient noise levels. Noise increases are expected to result in insignificant adverse impacts (Class III) for residences along truck haul roads. 4.8.5 MITIGATION MEASURES With the exception of "jake brake" use, the proposed project is expected to result in an insignificant adverse noise impact (Class III). The use of "jake brakes" was identified as a significant, mitigable impact (Class II). To mitigate this impact to a less than significant level, the following mitigation measure is recommended. ' • 6_ C The permittee shall prohibit all TMC owned trucks, and those trucks contracted by TMC, from using "jake brakes" along Happy Camp Road and Walnut Canyon Road or within the City of Moorpark, except under emergency operating conditions. Independent truckers are to be held to the same prohibition and, if found to be repeatedly using "Jake brakes" along the described route, shall be prohibited by the permittee from future use of the permitted facilities. Implementation Responsibility: Permittee or successor in interest. The permittee must also acquire formal agreement from independent truck contractors to conform to the mitigation. Monitoring Frequency: Prior to the issuance of the zoning clearance for Phase 1, the permittee must provide evidence that all TMC truck operators have been informed of the restriction, and that formal agreements have been made with independent truckers (e.g., agreements that are part of the hauling contract, other binding agreement). If the County receives a complaint about the use of "Jake brakes" by any trucks enroute to or from the CUP -4633 project site, the Planning ' Division may require the permittee to fund an independent monitoring effort to detect the violators. Monitoring Work Program/Monitoring Agencies: The Planning Division. Standards of Success: Absence of complaints. C\CUP4633\EIR\2RDEIR 4 -131 000 71 i r N -2. Alternative Access Routes Due to the increased truck traffic and cumulative noise along the streets of the City of Moorpark, particularly Walnut Canyon Road, and the need for various improvements to mitigate future traffic on these streets, as described in the City of Moorpark's Circulation Element, the permittee shall participate in any assessment district or other financing technique, including the payment of traffic mitigation fees, which the County of Ventura may adopt to fund or partially fund the proposed S.R. 23 by -pass extension. If such a district or other mechanism is created, the permittee shall be required to pay only its pro -rata share of any assessment or other charges. Implementation Responsibility: Permittee or successor in interest. Monitoring Frequency: As needed, when a program is developed by the County. Monitoring Work Program/Monitoring Agencies: The Planning Division, in consultation with the Public Works Agency, shall be the monitoring agency. Standards of Success: Acquisition of funds from the permittee. N -3. Noise Monitoring Program for Walnut Canyon Road/Moorpark Avenue Due to the increased trick traffic and cumulative noise along the streets of the City of Moorpark, particularly Walnut Canyon Road, the permittee shall contribute on a pro -rata basis to a City of Moorpark sponsored traffic noise monitoring program on Walnut Canyon Road/Moorpark Avenue if a reciprocal agreement is implemented between the County of Ventura and the City of Moorpark during the life of the permit. This reciprocal agreement shall be between the County of Ventura and the City of Moorpark to develop, fund, and implement a traffic noise monitoring and enforcement program designed to reduce traffic noise impacts on Walnut Canyon Road/Moorpark Avenue. If such an agreement is developed, the permittee shall be required to pay only its pro -rata share of any assessment or other charges. Implementation Responsibility: Permittee or successor in interest. Monitoring Frequency: As needed, when a program is developed by the County. Monitoring Work Program/Monitoring Agencies: The Planning Division, in consultation with the City of Moorpark, shall be the monitoring agency. Standards of Success: Acquisition of funds from the permittee. 4.8.6 RESIDUAL IMPACTS After implementation of the above recommended conditions of approval, the proposed project is expected to generate the following residual impacts: • Without implementation of the City of Moorpark's circulation improvements, noise related to the proposed project is expected to contribute incrementally to the existing significant, cumulative unmitigable impacts (Class I) along Walnut Canyon Road; CACUP\4633\EIR\2RDEIR 4 -132 000415. ATTACHMENT 5 T�kbk 1 F- XISUNQ ICU COMPARISON SUMMARY ' Exc=& Ievei Of service "C Lad of servicc motet: .00 - .60 A .61 - .70 B .71 - .8o C .81 - .90 D .91 -1.00 E Above LOO F TOTAL P.03 APR 23 196 00:0? PAGE.03 1993194 1996 utT &TpcmgY. AM PM AM _PM 1. Moocpmt & High 37 SO A4 .48 2- Spring & IAA 32 A4 33 AS 5. LAlPcince= & SR•119 WB .48 3$ S7 A3 6. LARArroeton & SR -118 EB .45 .62 .46 .64 9. Moorpark & Po{adater/FLmt S2 .60 .46 .59 10. Tkm RcjmWGabbc0 & LA .65 .74 .73 .83 ' 11. Moocpwt & LA. .63 .65 .68 .79 .82 ' 12. 13. Spftg & LA Sckwe & LA .66 SS .74 AS .76 S8 .62 37. Walnut Coyan & C wey 30 34 36 -43 ' Exc=& Ievei Of service "C Lad of servicc motet: .00 - .60 A .61 - .70 B .71 - .8o C .81 - .90 D .91 -1.00 E Above LOO F TOTAL P.03 APR 23 196 00:0? PAGE.03 9 ATTACHMENT 6 address some of the environmental issues, and still achieve some of the applicant's project objectives (refer to Section 5.9). 5.9 SECOND ENVIRONMENTALLY SUPERIOR ALTERNATIVE Based upon the analysis of the proposed project and the alternatives described above, a second environmentally superior alternative (ESA) was developed. This was done pursuant to Section 15126(d)(4) of the CEQA Guidelines, which notes, if the No Project Alternative is the ESA, then the EIR must also identify a second ESA from among the other alternatives. (Refer to Section 5.3 for a discussion of the No Action Alternative.) Under this alternative it is possible to reduce and possibly avoid significant environmental impacts while allowing the applicant to partially achieve the stated project objectives. The Second ESA includes the following elements: • All of the mitigation measures and recommended conditions of approval described in the EIR apply, including the Alternative Access - Easterly Extension of Broadwav described above in Section 5.7. • Issuance of a permit for Phases 1 and 2 for a duration of no more than 20 years, with a requirement that a permit modification be approved in order to continue Phase 2 mining beyond that time. Phase 3 would be included within the CUP boundary only for plant operations and stockpiling. However, a subsequent permit modification to the CUP would be required in order to initiate Phase 3 mining. If Phase 3 mining is not approved, the applicant would reclaim the site using the design and approach described in the reclamation plan approved for the project. The reclamation plan would be modified to describe Phase 1 and 2 post - mining conditions and the activity needed to achieve the required 2 to 1 slope along Phase 1 and 2 boundaries with Phase 3. • No asphalt plant. • The applicant either limits average daily traffic to that of the "Existing Setting" (i.e., 810 one- way heavy truck trips and 240 employee /other one -way trips), or the applicant would pay the Traffic Impact Mitigation Fee described in Section 4.9.3 -1 for all additional trips. • In limiting the number of heavy truck trips, the permittee will be required to maintain monthly records of truck trips. The total actual monthly truck trips would be divided by the number of authorized work days to compute an average daily truck trips for the month. Each monthly total would be summed and average daily truck trips calculated for the previous twelve (12) months. Average daily truck trips for the previous twelve (12) months in excess of the permitted limit would be considered a violation of the truck trip limit. In this manner, the permittee would develop a "rolling average" reflective of seasonal market variations while at the same time ensuring the facility operates within the overall truck trip limit. • All truck traffic would be limited to between the hours of 6:00 A.M. and 6:00 P.M., except for up to 36 ready mix trucks which would be permitted to return between the hours of 6:00 P.M. and 7:00 P.M. The restricted hours would reduce the noise impact to residents early in the C.- \CUP\4633\EIR\2RDEIR 5 -16 000417 morning and in the evening when workers are at home. Exceptions may be granted on a case - by -case basis by the Planning Director. • Based upon the information provided in Section 4.8.2 -3 (i.e., the supplemental noise study regarding Retrofitting Acoustically Upgraded Windows to Noise Impacted Residences), the following condition of approval is recommended if a project is approved that permits more than an average daily limit of 810 heavy truck trips: Acoustically Upgraded Windows The permittee shall participate in any reciprocal agreement between the City of Moorpark and the County of Ventura that is designed to reduce cumulative traffic noise along Walnut Canyon Road, within the northerly portion of the City of Moorpark. Said agreement should identify homes that would benefit from the installation of acoustically upgraded windows and. among those, homes that would benefit from the installation of an air conditioning unit. Participation shall be based on the permittee's pro rata contribution to the traffic. • Based upon the information provided in Section 4.8.2 -3 (i.e., the supplemental noise study regarding Roadside Noise Barriers), the following condition of approval is recommended if a project is approved that permits more than an average daily limit of 810 heavy truck trips: Roadside Noise Barriers The permittee shall participate in any reciprocal agreement between the City of Moorpark and the County of Ventura that is designed to reduce cumulative traffic noise impacts for those residences identified in the Section 4.8.2 -3 as possibly benefitting from the installation of a noise barrier wall. Participation shall be based on the permittee's pro rata contribution to the traffic. The Second ESA would not result in new significant impacts, except for those associated with the easterly extension of Broadway. However, the Broadway extension has been proposed as part of the proposed Hidden Creek Ranch/Specific Plan No. 8 within the City of Moorpark, not as an access route for TMC's CUP request. The EIR being prepared for that proposal describes significant impacts (Class 1) to the biological, visual, and air resources, some of which may be attributable to the Broadway extension. Under this alternative, changes in operating hours and the setting of a limit on heavy truck trips could reduce the magnitude of: 1) the truck noise impacts along Happy Camp Road and Walnut Canyon Road; 2) air quality impacts because of lower emissions; and 3) the amount of truck traffic along Happy Camp Road and Walnut Canyon Road. However, such changes would not reduce impacts to visual and biological resources. Elimination of the asphalt plant will serve to concentrate trucking on the core aggregate business and will eliminate asphalt related odors that may be found objectionable by those along the haul route. Since the daily mining activities under the Second ESA would be substantially similar to those of the proposed project, near term significant impacts to the visual resources and air quality would continue, albeit for a shorter time period, and significant impacts to the biological and visual resources would occur over a lesser area. Deferring Phase 3 CACUPW633\EIR\2RDEIR 5-17 00041,8 d mining would effectively preclude mining on those lands, save for the activity needed to achieve the required 2 to 1 slope along its boundary with Phases 1 and 2, until a subsequent CUP and environmental review has occurred. This alternative has several benefits because it would allow the County to re- evaluate the project site and "existing setting" at various points in time via subsequent environmental and public reviews. The ability to revise and/or add conditions and/or mitigation measures to the project is important for the following reasons: 1) conditions applied to Phase 1, and/or subsequently to Phase 2, of the project may be found ineffective in addressing previously identified or new issues; 2) the environmental conditions at and near the project site may change over time, raising environmental issues not previously identified; 3) new technology may become available that can better address environmental issues; 4) subsequent environmental review may identify a need to revise the mining and /or reclamation plans; and 5) an alternative access road may be developed that would be preferable to the existing access road, the use of which could be evaluated and perhaps required of the applicant upon permit modification. In addition, because mine operations have resulted in such issues as project traffic and noise, the ability to periodically review these operations through a public environmental review process appears warranted. Id However, approval of a lesser project would likely result in another application(s) for a mining project(s) in order to meet the demand for aggregate material within the market area of the proposed project. Such a project(s) would result in its own impacts that, depending upon location, could significantly impact biological and other resources, and would likely result in additional traffic, noise and air quality impacts. dThis alternative was not rejected because it is possible for Ventura County decision makers to approve a lesser project (i.e., similar to current operations), for a shorter period of time, with the Idabove described changes to address some of the environmental issues, and still partially achieve the applicant's project objectives. d5.10 IMPACTS FROM ALTERNATIVES CEQA (Section 15126(d)(3) states that, if an alternative would cause one or more significant effects in addition to those that would be caused by the proposed project, the significant effects of the alternative shall be discussed but in less detail than the significant effects of the proposed project. This has been done for each of the alternatives described above. For those alternatives involving alternative locations, this determination and the related discussion is necessarily qualitative rather than quantitative due to the absence of site specific analyses for those locations. rBased on the available information, the following summarizes the new and potentially significant impacts described above for each of the alternatives: No Project Alternative -none. Alternative Site - Use of New Site Alternative - biological (e.g., loss of habitat and direct impacts to threatened and endangered species), increased air emissions (i.e., due to a potentially d . C:1CUP14633\E1R\2RDE/R 5 -18