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Home My WebLink AboutAGENDA REPORT 2004 0407 CC REG ITEM 08AMOORPARK CITY COUNCIL AGENDA REPORT I'T'EM J3.A* TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: Scott Wolfe, Principal Planner t %� DATE: March 17, 2004 (CC Meeting of 4/7/04) SUBJECT: Consider Modification No. 4 to Commercial Planned Development No. 1992 -01, a Request to Construct and Operate a Temporary Groundwater Contamination Remediation System for the Alliance Gasoline Station, Located at 50 West Los Angeles Avenue, on the Application of Tristar Promotions. (Assessor's Parcel Number 506 -0- 050 -440) BACKGROUND In the recent past, contamination of the groundwater was found due to leaking underground tanks at the Alliance Gasoline Station, and the operator was required to replace the tank valves. The tank valves were replaced and the leaking has ceased. Monitoring wells were required to gauge the progress of groundwater recovery. Recent groundwater testing has indicated that the contamination still exists and has not dissipated. Since time has not reduced the contamination, the applicant is being required by the County of Ventura Environmental Health Division to provide a more aggressive solution by placing a treatment facility at the service station to remove contaminants from the groundwater. Placement of such a facility requires a modification to the original Commercial Planned Development Permit. DISCUSSION The subject site is currently the location of the Alliance Gasoline station on the south west corner of Moorpark Avenue and Los Angeles Avenue. It is developed with several pumps on two islands, as well as, a convenience market. The property is S: \Community Development \DEV PMTS \C P D \1992 -01 Moorpark Oil \Mod. 4 \Agenda Rpts \cc agenda report.doc 0 00 00 1- Honorable City Council April 7, 2004 Page 2 surrounded by vacant commercial property to the west and south, with an existing commercial center across Los Angeles Avenue to the north, and the Archstone /Le Club apartment complex across Moorpark Avenue to the east. The proposed project consists of a filtration system to be installed immediately adjacent to and east of the convenience market, in an area currently used for landscaping, parking, a telephone booth and air /water service. A site plan and equipment detail plan are attached (Attachments 1 and 2) . The system is proposed to be enclosed behind a six -foot (6') high, solid wooden fence that will completely screen the equipment, as well as, buffer the small amount of noise generated by the pumps inside the enclosure. The wooden fence is to be softened by the placement of planter boxes containing shrubs, placed around the perimeter of the fencing facing Moorpark Avenue and Los Angeles Avenue. The proposed equipment and enclosure will be required on the site for a period of between 18 and 24 months, and will be completely removed upon remediation of the groundwater. The service station is to remain in operation during the entire process. The screen fencing and landscaping are proposed to be temporary. The wooden fence will be six feet (61) in height and will be painted a color to match the stucco of the adjacent building. The gate will be solid and will be painted to match the fence. The equipment, which consists of a series of filtration containers, pipes and pumps, will be completely screened by the fencing. The proposed equipment enclosure will be situated on the southern property line of the subject property, nine feet (9') from Moorpark Avenue. The enclosure will be located over 145 feet from Los Angeles Avenue. This location is the best location on the project site to minimize visibility. Any potential aesthetic impacts of the equipment will be mitigated by the proposed fencing in combination with landscaping in decorative planter boxes to soften the appearance of the enclosure. The planter boxes will contain shrubs of a size and species which should reach or exceed the height of the enclosure within a few months and have sufficient breadth to cover the fence. The facility i,s proposed to be located within an area which currently is occupied by parking for the convenience market. 0000012 Honorable City Council April 7, 2004 Page 3 The retail use of the site requires, and the site currently has ten (10) parking spaces, per the parking section of the Moorpark Municipal Code. The proposed facility would temporarily obstruct at least two (2) of those spaces on the east side of the building. While this represents a reduction in available parking, the turnover rate within a parking lot of a convenience market is generally high. Staff's observation of the parking situation is that while there is occasionally congestion, it is usually at the gas pumps and not at the convenience market parking spaces, which are generally not completely occupied. Staff finds that the impacts of the parking reduction on a temporary basis will be minor given the nature of the business on the site. Given the necessity of the groundwater contamination cleanup, staff recommends that the City Council authorize the placement of the facility. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. An evaluation has been conducted to determine whether the proposed project could significantly affect the environment. It has been found that the project is Categorically Exempt under Section 15330 of the CEQA Guidelines: Class 30, Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and N:. Honorable City Council April 7, 2004 Page 4 the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Deemed Complete: March 11, 2004 City Council Action Deadline: May 10, 2004 STAFF RECOMNONDATION Adopt Resolution No. 2004- , approving Modification No. 4 to Commercial Planned Development No. 1992 -01, to allow the installation and operation of a temporary groundwater contamination remediation system at 50 West Los Angeles Avenue. ATTACHMENTS: 1. Site Plan 2. Equipment Detail Plan 3. Draft Resolution No. 2004- T 1 SIDEWALK I PROPERTY I LINE \`I' 1 ELECTRICAL TRANSFORMER I 1 PLANTERS � 1 r- 1 1 1 UNDEVELOPED LOT 1 i DRIVEWAY SIDEWALK MW4 DISPENSER / i $-3 ISLANDS CANOPY-_-__7_ \\ �' m PROPOSED \ \ \ � D UNDERGROUND ELECTRICAL CONDUIT OSUBPANEL TRASH ENCLOSURE \• / -- i MWi � 1 ----------------------------- - - - - -- z 3 O O X v D m z c m ------ - - - - -- PLANTER BOXES ----- -- -- MW71 WI ORNAMENTAL -: LOCATION (3F _AhL PLANTS CHAIN -LINK FENCING SCALE: I"= 30' 0 IL 18 ft. 30 ft. 60 ft. N SEE DETAILS FIGURE 4 DISCHARGE POINT UNDEVELOPED LOT SITE PLAN W/ PROPOSED REM SYSTEM TRI STAR PROMOTION INC. PROPERTY 50 WEST LOS ANGELES AVENUE MOORPARK, CALIFORNIA KEY �EJN/RO/ImERrRL + MW5 MONITORING WELL LOCATION AND NUMBER ER FFGURE 1 E �7 ��[ @ C c i7 i AC ' i� T .{� oow mw , SMITA PAYU CALwmiM • 93060 -- PROPOSED DUAL -PHASE EXTRACTION WELL DOWN BY: THERESE WATSON DATE: 1?JO?103 PLUMBING FROM WELLS 1,000 -GAL HOLDING TANK 10' GATE ESR -400 VAPOR EXTRACTION UNIT PLANTER BEDS W/ ELECTRICAL SUBPANEL n 0 AIR I SAMPLE - COMPRESSOR PORT ORNAMENTAL PLANTS VAPOR I SAMPLING I H I POINTS SEWER I I TREATMENT SYSTEM n DISCHARGE I I EFFLUENT STACK USI LEL Z METER INFLUENT i MANIFOLDS —,-- --- -- ---- WOOD SECURITY THREE (3) ASC -1200 GAC VESSELS FENCING (EACH CONTAIN 1,000 LBS OF GAC) 1 inch = 10 feet 0 ft. 6 ft. 10 ft. 20 ft. 1,000 -GAL SPARGE TANK Q VSC -400 CARBON CANISTERS ARRANGED IN SERIES- PARALLEL REMEDIATION COMPOUND DETAILS TRI STAR PROMOTION INC. PROPERTY 50 WEST LOS ANGELES AVENUE MOORPARK,_CALIFORNIA ="ft-FJ7V/JW17nj lEl wL FIGURE 2 R30 WK COURT - 6ANG1 PAULA, CAUFORNA - 93060 IA]A TB n LI nATG 49 /n4 /n4 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 4 TO COMMERCIAL PLANNED DEVELOPMENT NO. 1992 -01, A REQUEST TO CONSTRUCT AND OPERATE A TEMPORARY GROUNDWATER CONTAMINATION REMEDIATION SYSTEM FOR THE ALLIANCE GASOLINE STATION, LOCATED AT 50 WEST LOS ANGELES AVENUE, ON THE APPLICATION OF TRISTAR PROMOTIONS. (ASSESSOR'S PARCEL NUMBER 506- 0 -050- 440) WHEREAS, at a duly noticed public hearing on April 7, 2004, the City Council considered Modification No. 4 to Commercial Planned Development No. 1992 -01 on the application of Tristar Promotions for temporary groundwater contamination remediation system equipment, for the Alliance Gasoline Station located at 50 West Los Angeles Avenue (Assessor's Parcel Number 506- 0 -050- 440); and WHEREAS, at its meeting of April 7, 2004, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal, and reached a decision on this matter; and WHEREAS, the City Council concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15330 of the CEQA Guidelines as a Class 30 exemption for minor actions to prevent, minimize, stabilize, mitigate or eliminate the release or threat of release of hazardous waste or hazardous substances. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. information set forth public testimony, the in accordance with 17.44.100: MODIFICATION FINDINGS: Based upon the in the staff report, and oral and written City Council makes the following findings City of Moorpark Municipal Code Section 1. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors and landscaping, is consistent with the provisions S: \Community Development \DEV PMTS \C P D \1992 -01 Moorpark Oil \Mod. 4 \Reso- Cond \cc resolution.doc CC ATTACHMENT 3 Resolution No. 2004 - Page 2 of the General Plan, Zoning Ordinance, and any applicable regulations. 2. The site design would not create negative impacts on or impair the utility of properties in the surrounding area in that the nature of the clientele of the convenience market will minimize negative impact associated with the temporary loss of parking spaces on site. 3. The proposed use is compatible with existing and permitted uses in the surrounding area, in that the temporary remediation system will be screened from view, landscaped, and will generate negligible traffic while in operation. SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby approves Modification No. 4 to Commercial Planned Development No. 1992 -01 subject to the Conditions of Approval in Exhibit A. SECTION 3. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 7th day of April, 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A Resolution No. 2004 - Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR MODIFICATION NO. 4 TO COMMERCIAL PLANNED DEVELOPMENT NO. 1992 -01 General Requirements: 1. All previously imposed conditions of Commercial Planned Development Permit No. 1992 -01 and subsequent modifications shall continue to apply, except as amended herein. 2. The equipment installed under this modification shall be substantially as shown in plans submitted to the Community Development Department as part of the application for this modification. Deviations from these plans will require the issuance of a Permit Adjustment or a subsequent modification, at the discretion of the Community Development Director. 3. Prior to operation of the facility, the remediation equipment shall be screened with a solid wooden fence. The fence shall be painted to match the existing building on site, and shall not contain any signage other than signage required for safety and security of the equipment. Signage required for safety and security shall not exceed two square feet on each face of the fence. 4. Any drain required beneath the equipment shall only be connected to the sanitary sewer system subject to the requirements of Ventura County Waterworks District Number 1. 5. Equipment shall not discharge water to the ground or to any drain other than a properly approved and installed connection to the sanitary sewer system, subject to the requirements of Ventura County Waterworks District Number 1. 6. Prior to commencement of operation of the facility, landscape planter boxes with automatic irrigation shall be installed around the enclosure in a number and size adequate to soften the appearance of the equipment enclosure on the south and west sides. Number, location, and size of planters, as well as, the size and species of shrubs to be planted and maintained within the boxes shall be submitted to the Community Development Director for review and approval prior to issuance of a building permit. 000009 Resolution No. 2004 - Page 4 7. Outdoor storage on site is not permitted. Materials not directly required for the operation of the remediation equipment may not be stored within the equipment enclosure. 8. Protective bollards shall be installed between the parking area and the equipment enclosure, to the satisfaction of the Community Development Director. 9. The applicant shall submit quarterly progress reports to the Community Development Director. All equipment, fencing, and planter boxes shall be removed upon completion of remediation activities and the site shall be restored to its previous condition within thirty (30) days of completion of remediation activities, to the satisfaction of the Community Development Director. 10. No approvals, clearances, or any other requested actions on behalf of the business regulated by Commercial Planned Development Permit No. 1992 -01 (except as required to comply with this modification) shall be issued until the conditions of Commercial Planned Development Permit No. 1992 -01, any previous modifications, and this modification have been met to the satisfaction of the Community Development Director. 0000i-0