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Home My WebLink AboutRES CC 1998 1493 1998 0715RESOLUTION NO. 98 -1493 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING SPECIFIC PLAN 92 -1 MINOR MODIFICATION NO. 1 ON THE APPLICATION OF SIMI- MOORPARK FREEWAY PROPERTIES FOR A TEMPORARY USE OF A ROCK CRUSHER ON THE SPECIFIC PLAN 92 -1 SITE, ASSESSORS PARCEL NO'S. 513 - 050 -110 AND 170. WHEREAS, on July 6, 1998, the applicant applied for Specific Plan No. 92 -1 Minor Modification No. 1 and WHEREAS, the Director of Community Development referred the matter to the City Council on July 15, 1998; and WHEREAS, at its meeting of July 15, 1998, the City Council considered the application filed by Simi Moorpark Freeway Properties, requesting approval of Minor Modification No. 1; and WHEREAS, at its meeting of July 15, 1998, the City Council after review and consideration of the information contained in the staff report dated July 15, 1998 reached a decision on this matter; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented in the staff report and accompanying documents, and public testimony, the City Council finds that: a. The project is Categorically Exempt from the California Environmental Quality Act requirements as a Class 4 exemption for the minor alteration of land as a minor temporary use. b. The Minor Modification is consistent with the intent and provisions of the City's General Plan and of the City Ordinance Code; C. The Minor Modification is compatible with the character of surrounding development; d. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; A:\981493.WPD Resolution No. 98 -1493 Page 2 e. The Permit would not be detrimental to the public interest, health, safety, convenience, or welfare; and f. The conditionally permitted L and planned land uses in the development is to be located. se is compatible with existing general area where the g. The proposed project would not have a substantial adverse impact on surrounding properties. SECTION 2. The City Council conditionally approves Specific Plan 92 -1 Minor Modification No. 1 for temporary operation of rock crusher. SECTION 3. Approval of Specific Plan 92 -1 Minor Modification No. 1 is hereby approved subject to the following conditions: 1. Approval of an Electrical Permit is required for all lighting. All provisions of Sections 17.24.090 of the Municipal Code shall apply to this permit to insure that lighting minimizes on and off -site glare and have sharp cut off qualities. 2. All conditions of approval of Specific Plan 92 -1 and Resolution 94 -1061 apply, unless modified by this Resolution. 3. All streets and driveways used to access the site shall remain accessible for public safety agency vehicles. 4. All requirements of other City departments shall be complied with, including the Fire Prevention District, Air Pollution Control District and Environmental Health. 5. This application shall be valid for a period not to exceed six months from the date of approval. Prior to the expiration of the Minor Modification all equipment and materials shall be removed from the site which will shall be restored to its original condition and appropriate erosion control measures applied to the site. Applicant shall post a bond with the City sufficient to insure removal of all equipment and material and implementation of erosion control measures, subject to approval of the City Engineer and the Director of Community Development. A:1981493.WPD Resolution No. 98 -1493 Page 3 6. All equipment and other noise generation sources on -site shall be attenuated not to exceed 65 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. The Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 7. During construction, operation and removal of the rock crusher, dust shall be controlled by regular watering. In addition the following measures shall apply: a. Water the site and all access roads to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning, after the completion of work for the day, and using recycled water if available. Additional watering for dust control shall occur as directed by the City. b. Cease all rock crushing operations if airborne dust is created during periods of high winds (greater than 15 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d. Keep all operation and construction equipment on or near the site, until these activities are completed. e. The area disturbed by operation of the rock crusher shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. A:1981493.WPD Resolution No. 98 -1493 Page 4 g. Apply non - hazardous chemical stabilizers to all inactive portions of the site. h. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 8. All diesel engines used in construction or operation equipment shall use reformulated diesel fuel. 9. During smog season (May - October) the City shall order that operation or construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit operation or construction during Stage II alerts. 10 Operations shall be limited to between the following hours: a) 7 :00 a.m. and 7:00 p.m. Monday through Friday. 11. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling route must be identified as part of the grading plan and shall be approved by the City Engineer. 12. The applicant shall ensure that all equipment is fitted with modern sound reduction equipment. 13. Equipment not in use for more than ten minutes shall be turned off. 14. If any hazardous waste is encountered during the construction or operation of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. rkIP E[ *XTATRJ 7 Resolution No. 98 -1493 Page 5 15. The applicant shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 16. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 17. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas. The hauling plan must be approved by the Director of Community Development prior to approval of a Zone Clearance. 18. All vehicles on the site shall observe a 15 mile per hour speed limit. 19. A maximum of twelve (12) truckloads per hour average to and from the site is allowed. 20. No materials generated by the equipment shall be used off - site or given or sold to any party other than the applicant. 21. Approval of a Zone Clearance is required prior to the construction of the equipment or start of operation. 22. Prior to the issuance of the Zone Clearance the applicant shall pay all outstanding case processing fees, including all costs for Condition Compliance review of the Minor Modification. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. A:1981493.WPD Resolution No. 98 -1493 Page 6 PASSED, APPROVED, AND ADOPTED THIS 15 DAY OF JULY, 1998. ATTEST: Deborah S. Traffen dt, City Clerk FiNK4 «5CATAU•� Resolution No. 98 -1493 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 98 -1493 was adopted by the City Council of the City of Moorpark at a meeting held on the 15th day of July, 1998, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 22nd day of July, 1998. Deborah S. Traffenst t, City Clerk (seal) A:1981493.WPD