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HomeMy WebLinkAboutAGENDA REPORT 1992 0219 CC REG ITEM 09AA. C6M E. G. ITEM 9 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 CITY OF MOORPARK CITY COUNCIL STAFF REPORT FEBRUARY 11, 1992 (805) 529 -6864 '0,' PARK, CA'_!FOR` "A City (V N,eeting of G 1992 ACTION: By SECTION I — GENERAL INFORMATION HEARING DATE: B. HEARING TIME: February 19, 1992 HEARING LOCATION: City Council Chambers 799 Moorpark Avenue Moorpark, Ca. 93021 STAFF CONTACT: Kathleen Mallory Phipps Associate Planner PROPOSED PROJECT: 7:00 P.M. D. CASE NO.: CUP -706 Minor Modification No. 4 F. APPLICANT: CONEJO READY MIX INCORPORATED 4549 Brazil Street Los Angeles, Ca. 90039 The applicant is requesting a 10 -year Conditional Use Permit extension to continue operating a Concrete Mix facility on a 6.57 acre parcel of land. The proposed 10 -year extension would expire on May 21, 2001. H. PROJECT LOCATION: The project site is located at 13950 Los Angeles Avenue, approximately .04 miles east of the intersection of Spring Road, High Street, and Los Angeles Avenue. The Assessor Parcel No. is now 512 -0- 160 -735 (Old Assessor Parcel No. 512 -0- 160 -445). I. APPLICATION COMPLETENESS: The prior 10 -year Conditional Use Permit expired on May 21, 1991. The applicant filed for another 10 -year Conditional Use Permit on November 16, 1990. On December 13, 1990 staff determined that the application was incomplete and notified the applicant. PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGGMERY BERNARDO M- PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tern Councilmemb<r Councilmember Councilmembrr The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 14, 1992 Page 2 Since December, the applicant has been studying issues that were seen as items of incompleteness pursuant to the Ventura County Flood Control District; specifically increased storm drain elevations in the Arroyo Simi Flood Channel as a result of alleged illegal grading activity in the Arroyo. A 90 -day extension was granted to Conejo Ready Mix, Inc. to enable the applicant to complete a satisfactory hydrology study. The 90 -day extension was granted from May 21, 1991 to August 19, 1991. The 10 year extension request was not extended by the 90 day extension. On July 19, 1991, the applicant's consultant submitted to the Ventura County Flood Control District, a hydrology study which was considered satisfactory and enabled staff to proceed further with the Conditional Use Permit processing. In order to allow the City's Engineer sufficient time to review the hydrology study and for staff to draft appropriate conditions of approval, a 60 -day time extension was initiated and granted by the Director of Community Development on August 8, 1991. The 60 -day extension was granted from August 19, 1991 to October 18, 1991. This extension also did not extend the initial 10 year date. Staff tentatively scheduled this item for consideration on the October 2, 1991 Council agenda. -- Conejo Ready Mix, Inc. then requested that this item be continued to October 16, 1991. Based upon this request by Conejo Ready Mix, Inc. on October 16, 1991, the Council granted Conejo Ready Mix, Inc. a 90 -day extension. The 90 -day extension was to expire on January 13, 1992. On December 18, 1992 this CUP request was heard by the Council. The Council then directed staff and Conejo Ready Mix, Inc. to finalize outstanding issues, and continued this item to be considered at the February 5, 1992 City Council meeting. On February 5, 1992 the Council granted an extension to Conejo Ready Mix, Inc. to finalize outstanding issues. The Council directed staff to continue this item to the February 19, 1992 City Council meeting. Since February 5, 1992, staff has meet with the applicant to discuss conditions for permit approval. Changes in conditions of approval are bolded. The following conditions have been amended: Conditions No.: 1. Has been revised to read: That this permit is granted for a concrete batch plant and accessory buildings as described in: a) the application dated November 19, 1990; b) the project description contained in the application; and c) as shown on the site plan ( dated 5- 21 -81) , except or unless indicated otherwise therein. All previous land use entitlement permits predating the CUP -706, Minor Modification No. 4 are null and void. All conditions of CUP- The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 14, 1992 Page 3 11. Has been revised to read: That there will be no stockpiling of aggregate or any construction within the Ventura County Flood Control District easement dated May 27, 1981, numbered 048631, without permission from Ventura County Flood Control. If permission is granted by the Ventura County Flood Control District, Conejo Ready Mix, Inc. shall, within 5 days, inform and provide the City with a letter from the Ventura County Flood Control District specifying the duration of such agreement. Should Conejo Ready Mix, Inc. wish to move its primary aggregate storage area, this will require Conejo Ready Mix, Inc. to apply for a Minor Modification application at the City of Moorpark (see Exhibit 1). 27. These time periods have been suggested by Conejo Ready Mix, Inc. and have been revised to read: The hours of operation for Conejo Ready Mix, Incorporated shall be Monday through Friday, 5:30 a.m. to 6:00 p.m. and Saturday 5:30 a.m. to 1:00 p.m. On Sunday no operations shall occur. The following limited operations may take place after 6:00 p.m.: 1) Ready mix trucks returning to the site after 6:00 p.m. Monday through Friday or after 1:00 p.m. on Saturday, will be allowed to wash out into the reclaimer and park ". Warm up of trucks may begin at 5:15 a.m. No delivery of bulk materials may take place prior to 6:00 a.m. 29. Has been revised to read: All roof mounted equipment and other noise generation sources serving the structures on -site shall be attenuated to 65 decibels (dba) (during normal hours of operation) at the property line, or to the ambient noise level at the property line measured at the time of the permit approval. 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. Determination if a noise study is needed shall be made within 6 months of the granting of this Minor Modification to the Conditional Use Permit. Failure to submit a requested noise study within 3 months of the Director's determination will result in automatic revocation of this permit. The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 14, 1992 Page 4 31. Has been revised to read: Any stationary engine, shall be equipped with a muffler of a type recommended by the manufacturer. No stationary internal combustion engine shall be operated on the project without a muffler. No internal combustion engine shall operate in a stationary manner in excess of 65 dba during daylight hours at the property line, excluding licensed vehicles. 35, 51, and 57 Discussions have occurred between City Staff and Conejo Ready Mix, Inc. and it has been determined that the requirements for the covenant for future roadway improvements and the payment of the Los Angeles Avenue Area of Contribution (AOC) fee could be deleted in consideration with revised condition No. 57. 52, 53, The City Engineer has proposed revised language (please see page 24 and 25 for revised condition language). 61. Condition 61 has been added, which specifies: Prior to the resolution of approval being signed by the Mayor, the applicant shall pay for all costs incurred by City Staff as a result of processing the CUP -706, Minor Modification No. 4 entitlement request. J. REQUESTED ACTION AND STAFF RECOMMENDATION: 1. Make the appropriate findings (see Attachment No. 1). 2. Direct staff to prepare a resolution approving the Minor Modification to Conditional Use Permit No. 706 with conditions that this permit is only valid until May 21, 2001. This resolution of approval shall be considered at the Council's next regularly scheduled meeting of 3 -4 -92. SECTION II - PROJECT SITE BACKGROUND A. SITE ZONING: M -2 Limited Industrial B. SITE GENERAL PLAN: I -2 Medium Industrial C. VICINITY ZONING: at present North: RE -1 ac. Rural Exclusive (1 acre min.) South: M -2 Limited Industrial East: M -2 Limited Industrial West: M -2 Limited Industrial "' (see next page): The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 11, 1992 Page 5 I' SIT -= r VICINITY ZONING: in 1981 North: RE -1 ac. Rural Exclusive (1 acre min.) approximately 3 homes in 1981 South: M -2 Limited Industrial East: M -2 Limited Industrial West: M -2 Limited Industrial In 1981 the land use in the area was comprised of the following: North: Approximately 3 homes South: Vacant land East: Vacant land, further to the East, the Virginia Colony single - family residential tract West: Two industrial uses and further west to residential units D. VICINITY GENERAL PLAN: North: R -H Rural High South: I -2 Medium Industrial East: I -2 Medium Industrial West: I -2 Medium Industrial The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 14, 1992 Page 6 E. PROJECT SITE HISTORY: Conditional Use Permit (CUP) No. 706 was originally issued to Valleywide Ready Mix Concrete Corporation on January 21, 1958 by the County of Ventura Board of Supervisors. In 1973, the permit was transferred to Conejo Ready Mix, Inc.. Time limit extensions were approved for CUP -706 in 1961, 1964, 1967, and 1981 by the County of Ventura. During the last extension (1981) granted by the County, conditions of approval specified that future extensions would be granted by the Planning Director which is the same as the Director of Community Development. The 1981 conditions of approval afforded the Director of Community Development the authority to approve the minor modification application. However, the conditions of approval did not specify for how long the Director of Community Development was able to grant the permit for. The 1981 Ventura County conditions of approval are attached. Concerns have emerged that alleged unpermitted grading, both on the project site and neighboring parcels, has caused increased water surface elevations in the Arroyo Simi Levee. Thus, this increase in surface elevation in the Arroyo Simi imposes additional flood threat on other unprotected land in the area. Changes in the Arroyo flood plain elevation caused by the subject property can be serious in the event of water inundation. A flood plain means any land area susceptible to being inundated by water from any source. In the event that the flood plain elevation is increased, water flow in more likely to flow onto the subject property and adjacent properties causing flooding and structural and physical damage. Part of the Conejo Ready Mix, Inc. property is within the 100 -year flood plain, and portions of the Conejo lot are within the 500 -year flood plain Increased Arroyo flood plain elevation is seen as a serious concern. F. EXISTING SETTING: PROJECT DESCRIPTION Conejo Ready Mix Inc., located at 13950 Los Angeles Avenue, provides services such as concrete manufacturing, sales and delivery. PROJECT LOCATION The project site is bounded, on the north, by Los Angeles Avenue. A few homes are nestled upon the 60 foot bluffs which overlook the Conejo Ready Mix Incorporated site. To the south the project site is adjacent to vacant land (Arroyo Simi Floodplain). However, further south is the construction of an industrial development (Science Drive Industrial Project). To the east is a steel '^ fabrication yard and to the west can be found a partially vacant contractor storage yard. The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 14, 1992 Page 7 The subject site will be located just west of the 118/23 freeway connection. LOS ANGELES AVENUE A major community arterial and ultimately (after the conclusion of freeway construction) a primary arterial, plans for the widening of Los Angeles Avenue have been in transition for the past 5 (five) years. At present Los Angeles Avenue as a two -lane community arterial is severely impacted by vehicle traffic and further impacted by trucks wishing to turn onto properties against traffic at peak hours. Originally, a 72, (foot) right -of -way based upon the proposed geometric design was suggested for the widening of Los Angeles Avenue. However, a November, 1989 Council action approved a Los Angeles Avenue right -of -way of 88, (feet) based upon the proposed geometric design. Plans for the widening of Los Angeles Avenue have been constrained by topography; principally, hills to the North and cliffs to the South. Therefore due to topographic constraints, the amount of right -of -way found on Los Angeles Avenue jogs in certain areas. As a result, the 88' (foot) right -of -way proposed by Council, is nearly impossible to achieve along the entire length of Los Angeles Avenue. Based upon verifications of deed recordation information, the necessary right -of -way in front of Conejo Ready Mix Inc. has been dedicated to the City. Therefore, if the City Attorney concurs with the City Engineer, Conejo Ready Mix Inc. will not need to dedicate to the City any additional right -of -way on Los Angeles Avenue. Roadway traffic over the past 5 years has significantly increased. Based upon 1989 traffic volumes on SR -118 an estimated 22,500 and 25,000 vehicles travel this roadway annually. Caltrans analysis of vehicle -miles travelled in 1989 compared with that from 1988 vehicle -miles travelled identifies an increased on California highway travel from 1988 to 1989 of 4.6 %. At present, traffic volumes studies for Los Angeles Avenue show that 32,000 vehicles per day travel this arterial. Inasmuch as traffic and congestion are native to Moorpark, this figure may likely increase over the coming years. As more vehicles travel along SR -118 roadway improvements along SR -118 may improve vehicle travel on this state route. HOURS OF OPERATION Hours of operation can be defined as: the hours of business in which concrete is loaded into trucks. According to Conejo Ready Mix Inc. Monday through Friday hours of operation are: 5:30 a.m. to -- The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 14, 1992 Page 8 7:00 p.m., or daylight to dusk. These hours of operation vary depending upon the time of year and availability of daylight. Because concrete demands are greatest earlier in the day, most of Conejo Ready Mix Inc. 's business is conducted between the hours of 5:30 a.m. and 8:30 a.m.. Business hours on Saturday start at 5:30 a.m. and usually terminate by 12 noon. Conejo Ready Mix, Inc. is not open for business on Sunday. Occasionally, business activity occurs on the Ready Mix Inc. site after the time lines specified above. However, activity, prior to the hours of operation specified above, is usually a result of a concrete truck starting its engine in order leave -to pick up concrete at another site; or maintenance /service of tanks on site. Specific conditions of approval have been included (Condition No. 27) to allow for operation outside of the normally permitted hours. BUILDINGS ON SITE Existing buildings and structures located on the 6.57 acre (286, 189.20 sq. ft.) parcel include: a batch plant of approximately 2,500 sq. ft. of foot print area; 642 sq. ft. of offices; 3,200 sq. ft. of shop /storage buildings, and a Reclaimer. A concrete reclaimer is a machine which separates slurry water from reclaimed aggregates (water and sand); in essence a reclaimer recycles concrete materials. TOPOGRAPHY AND VEGETATION The Conejo Ready Mix Inc. site is located on relatively flat terrain with little vegetation. Vegetation that can be found on site are full grown trees and shrubs which are visible from the southern property boundary, Los Angeles Avenue, and located on the project site behind the chain link fence. The landscaping on site serves as a visual mitigation from the roadway. SECTION III - PROJECT DESCRIPTION A. CONDITIONAL USE PERMIT: 1. Project Features: This application will not change the existing project site description. Granting of this request to Conejo Ready Mix Inc., enables Conejo Ready Mix Inc. to continue operating for an additional 10 -year period. The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 14, 1992 Page 9 SECTION IV - ANALYSIS A. CONFORMANCE WITH CITY ORDINANCES, ZONING, AND GENERAL PLAN: To summarize, the proposed project is considered consistent with City requirements related to Moorpark's General Plan and Zoning Ordinance. Pursuant to Table 9 of Moorpark's General Plan, the I -2, (Medium Industrial General Plan land use) designation for the Conejo Ready Mix, Inc. site is compatible with the M -2 zoning, (Limited Industrial Zone) identified in Moorpark's Zoning Ordinance. In order to ensure that the proposed project continues to be consistent with City Policies and that conditions of approval are adhered to, staff recommends a 10 -year permit extension for Conejo Ready Mix, Inc.. Six months (6 mo.$) prior to the end of the 10- year period (May 21, 2001), Conejo Ready Mix, Inc. shall file a Major Modification application request for continued operation. B. NEIGHBORHOOD CONCERN - Residential concerns over the possible granting of an extended Conditional Use Permit to Conejo Ready Mix, Inc. have emerged. Specifically, concerns are over: noise associated with service (hours of operation); dust as a result of operation; levels of service, and past compliance with conditions imposed by Ventura County in 1981. In order for all residents to voice their concerns over the granting of Conditional Use Permit 706, a public hearing was held on September 18, 1991. The public hearing was continued to October 2, 1991. Conejo Ready Mix, Inc. then requested a continuance till October 16, 1991. At the October 16, 1991 public hearing, the Council granted a 90 -day extension to Conejo Ready Mix Inc.. On December 18, 1991 a public hearing was conducted. The Council continued this item to February 5, 1992 to enable staff and Conejo Ready Mix, Inc. to finalize outstanding concerns. However, prior to February 5, 1992 Conejo Ready Mix, Inc. requested an extension to February 19, 1992. Therefore, the public hearing will be held this evening February 19, 1992. Staff believes that the conditions attached herein address all the concerns mentioned and will enable surrounding residents and Conejo Ready Mix, Inc. to operate and live in an environment conducive for both. Reduction of noise will occur by eliminating 24 hour operation. Condition No. 27 establishes specific operating times. In order to ensure that these operating times are complied with, a Surety bond -- The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 14, 1992 Page 10 shall be filed prior to granting of the Minor Modification. Furthermore, Condition No. 30 identifies that delivery of raw material must occur during normal business hours. Condition No. 38 establishes street sweeping or scraping 100 yards to the east and west of the Conejo Ready Mix, Inc. site, in order to eliminate the amount of dirt /particulates generated as a result of concrete production. Condition No. 38 also specifies that Conejo Ready Mix, Inc. will sweep or scrape areas covered by asphalt on site to eliminate amounts of dust generated. Furthermore, areas where cars, trucks or vehicles with wheels are parked must be covered with asphalt or concrete in order to eliminate the amount of dust generated as a result of activity. C. ENVIRONMENTAL CONCERNS: According to the Ventura County Flood Control District, the Arroyo Simi Floodplain has experienced a 2' (foot) increase in surface elevation over the past 15 years. This concern combined with the requirements imposed through the City's flood insurance program as required by FEMA, has raised questions about the need for mitigation of impacts created by the alleged filling of the Simi Arroyo property. Conejo Ready Mix, Inc. and the City Engineer met with the Ventura County Flood Control District to discuss Conditions of Approval (52 a, b and 53) to mitigation potential Flood Control concerns. Thus, conditions have been modified to incorporate Ventura County Flood Control Districts concerns and City concerns. The subject project is not. expected to result in significant environmental impacts if the attached conditions are complied with. Staff has studied this issue and believes that the concerns raised by the Ventura County Flood Control District (increase in water surface elevation in the Arroyo Semi Levee) would be properly mitigated with the conditions of approval attached herein. Based upon the information and findings developed by staff, it has been determined that this project is categorically exempt from CEQA (California Environmental Quality Act) based upon Class 1 findings; an exemption for minor alterations. This application is exempt because the application is for a continued use and will correct existing inadequacies and increases in flood surface elevations. Pursuant to CEQA Guidelines Class 1 findings can be defined as "Consisting of operation of existing public or private structures, facilities, mechanical equipment or topographic features, involving negligible or no expansion of use beyond that previously existing" (Pg. 211). The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 14, 1992 Page 11 The application with the attached conditions, meets the requirements of Moorpark Ordinance Code Section 81263 -3 in that; a. The proposed use would be consistent with the purpose, intent, guidelines, standards, policies and provisions of the City's General Plan and Ordinance Code; b. The proposed use would not impair the integrity and character of the zone in which it is located; C. The proposed use would be compatible with the land use permitted within the General Plan land designations and the zones in the general area where the uses are to be located; d. The proposed use would not be obnoxious or harmful or impair the utility of the property itself or neighboring property or uses; and e. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare. D. AGENCY REVIEW: Agencies and Departments which reviewed CUP -706, include the City Engineer, and the County Flood Control District. Staff has included the recommended conditions /requirements generated through this agency review as conditions of project approval. At the time of application submittal a determination was made that the only outside agencies effected were: the Ventura County Flood Control District and the City Engineer. E. CONCLUSION: Staff recommends approval of Conditional Use Permit No. 706, Minor Modification No. 4 based upon the following: 1. The Conejo Ready Mix, Inc. facility is a permitted use in both the M -2 designation of the Zoning Ordinance and the I -2 General Plan designation. 2. Staff's and adjacent residences concerns have been mitigated as identified in the conditions of approval. 3. The conditions of approval for the Conditional Use Permit and the requirements of the Ventura County Flood Control District will insure that public health and safety are maintained and that the Conejo Ready Mix, Inc. facility will comply with The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 14, 1992 Page 12 applicable provisions of the General Plan and Zoning Ordinance. F. STAFF RECOMMENDATION: 1. That the City Council direct staff to draft a resolution to be considered at the next regular meeting of February 19, 1992 approving Minor Modification No. 4, Conditional Use Permit No. 706 with the attached conditions and findings attached. 2. That the permit is granted for a time period of ten (10) years, ending May 21, 2001. Prepared by: Kathleen Mallory Ph'" ps Associate Planner Approved by: Patrick )6. Richards Director of Community Development The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 14, 1992 Page 13 Exhibit(s): 1. Primary aggregate storage site, submitted by applicant. Attachments: 1. Findings. 2. Maps. 3. Conditions. 4. Concerned residents letter dated 7 -1 -91. 5. Concerned residents letter dated 10- 16 -91. 6. 1981 Conditions of Approval. 7. Conejo's response to residents concerns. 8. Conejo's letter dated 12 -5 -91. 9. September 9, 1991 Conejo correspondence 10. October 16, 1991 Conejo correspondence. 11. December 3, 1991 Conejo correspondence. 12. Conejo's letter dated January 27, 1992 13. Conejo's letter dated February 3, 1992. 14. Conejo's letter dated February 4, 1992. 15. Letter from City staff dated February 7, 1992. 16. Los Angeles Avenue proposed right of way alignment. a The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc. February 14, 1992 Page 14 ATTACHMENT NO. 1 RECOMMENDED FINDINGS CONDITIONAL USE PERMIT No. 706 MINOR MODIFICATION NO. 4 Staff recommends approval of CUP -706 based upon the following findings and conditions attached: a.) CUP -706 is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance; b.) It is compatible with the character of surrounding developments; c.) It would not be obnoxious or harmful, or impair the utility of neighboring property uses; d.) A Conditionally Permitted Use, is compatible with existing land uses in the area where the Conejo Ready Mix, Inc. facility is located. A:CCSTAFRE.FEB The Honorable City Council CUP -706, Minor Modification No. 4, Conejo Ready Mix, Inc February 11, 1992 Page 15 ATTACHMENT 2 -- -- v- SITE PLAN 0 feet 200 Parcel "A" of 7 P M. 23 CONEJO READY WX i SITE PLAN 0 feet 200 Parcel "A" of 7 P M. 23 CONEJO READY WX _ E G" ei `Est n +a1ko" �, OMMUNITY rro ,ra.- O • i i- ,` \� ��� COLLEGES AR► �U r,,, : Owe ; S i i . {n` Fa 41�err sT oe 23 7 0 4 Ci CYAINASIUM C(I Tf0% O 4 r �.'' °, } /d i�e� pi�,lrr� $1 S/, x E shoe QJti , 4' S • f �D V Kam 6114 t o 2 p s S ?' ' 3", SI • m S r% 1. v Sr 1 ,yi i G 2 Irilo.e 1 = AVENl1E Q� c.. ! 11� ' - -- -_ nUt7PiEU ROUTE J~ D -_-� _ - -_" ._. ^. _STATE _ HIGHWAY ti1t.11 118 LO rfo;D c =,o I'vi 0 0 R P Au"' I E y "nA ES b►=iny W u` SITE i a c !ate /� �,. 1 f' cD H I A E v, ` O I' ~�a ' O o'c' NUE O1 al v,rw u mot mot 1 ,O •rrtr St Z Chartrt SI N ✓' I ^`�� F-' ► QI (° c r o„ o r S Avenida ' N H. CJ' 51 �i HIGH ST LOS ANGE�E coronlaS�t riNE�N ~ 0 E first St — norutn, A e_ F,Irh Are ° I {ulh ve o N O rt Y Srcoltd n' Strret i ¢ �c E1.t'G' v(hv St Slydh nve = I 1-h n o �usTn Ave f 1.nn Are Q' r O Q' inhetts Av - aEsther Ave _ rt n '�l = Slvrnt.n Are i h 0 H. •' " � O I-J [ fM(NTA11Y N r ,10 ri f1 (7 t LC001. c i ANGELES (L0 � z E i 0 cl — ; ��� LL H ,P hi 23 0 0 i rJ F Mdb.•pn SI }Le•InA j V CDel - 11-eld rlr 6J. O ci v? 0 2000 VICINITY MAP SCALE IN FEET CONEJO READY MIX Nq�TH MOORPARK, CALIFORNIA Wica dy !� n CUP -706, Minor Modification No. 4 Conejo Ready Mix, Inc. February 14, 1992 Page 17 ATTACHMENT 3 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL CONDITIONS OF PROJECT APPROVAL: 1. That this permit is granted for a concrete batch plant and accessory buildings as described in: a.) the application dated November 19, 1990; b.) the project description contained in the application; and c.) as shown on the site plan (dated 5- 21-81), except or unless indicted otherwise therein. All previous land use entitlement permits predating CUP -706, Minor Modification No. 4 are null and void. All conditions of the CUP -706, Minor Modification No. 4 remain in full force and effect except as modified by this Minor Modification permit. 2. That this concrete batch plant shall be limited to one (1) cement silo, one (1) elevator and batcher, one (1) loading hopper and conveyor belt, one (1) 642 square foot office building, one fly ash silo, and one ( 2 ) 3,200 square foot shop building. 3. That the location of all buildings, fences, signs, roadways, parking areas, landscaping and other facilities or features shall be as shown on the site plan submitted with the 11 -19 -90 application, except or unless indicated otherwise herein. 4. That the permit is granted for a period of time of ten (10) years, ending May 21, 2001. 5. That if any of the conditions or limitations of this Conditional Use Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitation set forth. 6. This permit shall expire if the use for which it is granted is discontinued for a period of 180 consecutive days or more as determined by the City. 7. That upon expiration of this permit, or abandonment of the use, any structures no longer being used shall be removed. Any office building, or shop building shall not be required to be removed if they are to be used under the provisions of the City's Zoning Code as a legally permitted principle use on the subject site at the time of termination of this permit. All cement batch plant equipment and related raw materials used in the manufacture of cement shall be removed within 90 days following the expiration of there permit. P CUP -706, Minor Modification No. 4 Conejo Ready Mix, Inc. February 14, 1992 Page 18 8. That any minor changes may be approved by the Director of Community Development upon the filing of a Minor Modification application, but any major changes will require the filling of a Major Modification application to be considered by the City Council. 9. That the design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, County, and City authorities, and all related requirements and enactments shall by reference become conditions of this permit. 10. That trash disposal areas shall be screened with a six ( 6 ) foot high solid wall enclosure with metal gates. Final design of said enclosure shall be subject to the approval of the Planning Director and shall provide for recycling materials bins within. 11. That there will be no stockpiling of aggregate or any construction within the Ventura County Flood Control District easement dated May 27, 1981, numbered 048631, without permission from Ventura County Flood Control. If permission is granted by the Ventura County Flood Control District, Conejo Ready Mix, Inc. shall, within 5 days, inform and provide the City with a letter from the Ventura County Flood Control District specifying the duration of such agreement. Should Conejo Ready Mix, Inc. wish to move its primary aggregate storage area, this will require Conejo Ready Mix, Inc. to apply for a Minor Modification application at the City of Moorpark (see Exhibit 1). 12. That the property for which this permit is granted shall include specific enclosure guidelines as approved by the Director of Community Development prior to the Minor Modification being final. These guidelines are that the northern portion of the property site, along Los Angeles Avenue shall have the following type of enclosure: 1) six (6) foot high tan slumpstone wall, and 2) three (3) slump stone courses; with slump stone pilasters with wrought iron between; hedge planting shall occur in front of each type. The balance of the property shall be fenced in with a six (6) foot high chain link fence having Boston or English Ivy planted adjacent to the fence to act as a screen. All fence /wall and landscaping shall be approved by the Director of Community Development. This wall shall be constructed after roadway improvements on Los Angeles Avenue are completed. CUP -706, Minor Modification No. 4 Conejo Ready Mix, Inc. February 14, 1992 Page 19 13. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set or rules apply, the stricter ones shall take precedence. 14. The development is subject to all applicable regulations of the M -2 Zone and all agencies of the State, Ventura County, the City of Moorpark and any other governmental entities. 15. All facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the City of Moorpark. 16. That no later than five ( 30 ) days after any change of property ownership or of lessee(s) or operator(s) of the subject use, there shall be filled with the Planning Director the name(s) and address(es) of the new owner(s) , lessee(s) or operator(s) I together with a letter from any such person(s), acknowledging and agreeing to comply with all conditions of this permit. 17. That the exercise of any right granted by this permit shall conform in all respects to the regulations and requirements of the California State Regional Water Quality Control Board. 18. That the permittee shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, council, agents, officers, or employees concerning the permittee, which claim, action or proceeding is brought within the time period specified as 10 years. The City will promptly notify the permittee of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the permittee shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers, and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occurs: The City bears its own attorney fees and costs The City defends the claim, action or proceeding in good faith. CUP -706, Minor Modification No. 4 Conejo Ready Mix, Inc. February 14, 1992 Page 20 The permittee shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the permittee. 19. No noxious odors shall be generated from any use on the subject site. 20. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 21. Prior to this approval of the Minor Modification, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions and present such statement to the Department of Community Development. 22. The applicant shall make a one time only contribution to the City of Moorpark in the amount of $.25 per square foot of gross floor area of buildings including concrete batch plant " footprint, to support the City's current and future park system. 23. The applicant shall make a one time only contribution to the City of Moorpark's Art in Public Places Fund, an amount of $10 per each 100 square feet of building area. 24. Prior to issuance of the Minor Modification, the permittee shall make a contribution to the Moorpark Traffic Systems Management Fund of $.15 per square foot of floor area of buildings including concrete batch plat footprint to fund Traffic System Management programs as a mitigation measure to fully mitigate air quality impacts so as to fund TSM programs or clean fuel programs as determined by the City. 25. Prior to the issuance of the Minor Modification, a Surety Performance Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development, may, through a public hearing to be heard before the City Council recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance of the Conditions of Approval or for some other just cause. A $10,000 surety shall be maintained with the Department of Community Development at all times during the 5- years of this permit. This condition shall automatically be superseded by a related resolution or ordinance regarding condition compliance for entitlement approvals adopted by the City Council. CUP -706, Minor Modification No. 4 Conejo Ready Mix, Inc. February 14, 1992 Page 21 26. The applicant, permittee, or successors in interest, shall submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review. The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of the Minor Modification. NOISE - CONDITIONS OF APPROVAL: 27. The hours of operation for Conejo Ready Mix, Incorporated shall be Monday through Friday, 5:30 a.m. to 6:00 p.m. and Saturday 5:30 a.m. to 1:00 p.m. On Sunday no operations shall occur. The following limited operations may take place after 6:00 p.m.: 1) Ready mix trucks returning to the site after 6:00 p.m. Monday through Friday or after 1:00 p.m. on Saturday, will be allowed to wash out into the reclaimer and park ". Warm up of trucks may begin at 5:15 a.m. No delivery of bulk materials may take place prior to 6:00 a.m. Shall Conejo Ready Mix, Inc. need to operate beyond the above specified times, Conejo Ready Mix, Inc. shall apply for a '- temporary use permit at least 1 month prior to the outside normal operations proposed operating date. The temporary use permit may be approved by the Director of Community Development and shall be issued at the discretion of the Director of Community Development with conditions as needed. 28. No exterior intercom systems shall be used before the hours of 8:00 a.m. and after 6:00 p.m.. Any exterior intercom system may not exceed 65 dBA measured at the property line. 29. All roof mounted equipment and other noise generation sources serving the structures on -site shall be attenuated to 65 decibels (dba) (during normal hours of operation) at the property line, or to the ambient noise level at the property line measured at the time of the permit approval. 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. Determination if a noise study is needed shall be made within 6 months of the granting of this Minor Modification to the Conditional Use Permit. Failure to submit a requested noise study within 3 months of the Director's determination will result in automatic revocation of this permit. CUP -706, Minor Modification No. 4 Conejo Ready Mix, Inc. February 14, 1992 Page 22 30. Raw materials must be delivered during normal business hours of operation. 31. Any stationary engine, shall be equipped with a muffler of a type recommended by the manufacturer. No stationary internal combustion engine shall be operated. on the project without said muffler. No internal combustion engine shall operate in a stationary manner in excess of 65 dBA during daylight hours at the property line, excluding licensed vehicles. TRAFFIC /PARKING- CONDITIONS OF APPROVAL: 32. That all parking and storage shall be within the perimeter fence. 33. No outside storage of any materials or overnight parking of any semi - trucks or any other vehicle shall occur outside of the perimeter of the property line. 34. That no parking spaces shall be located within ten (10) feet of a vehicular entrance to the property; that all areas shown as parking areas shall be surfaced with asphaltic concrete or concrete and shall be suitably marked, outlining individual parking spaces and traffic flow. DELETION, SUBJECT TO RESOLUTION OF FUTURE ROADWAY IMPROVEMENTS AND FLOOD CONTROL IMPROVEMENTS. 35. In recognition of the need for public street and traffic improvements to meet the demand generated by cumulative development in the City, the applicant shall prior to the issuance of the Minor Modification, execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of and be subject to an assessment district or other financing techniques including but not limited to the payment of traffic mitigation fees, to provide funds for such improvements, should such a mechanism be established by the City. 36. That all required yards, fences, parking areas, storage areas, operations yard, and other open uses on the site shall be maintained in a neat and orderly manner at all times. CONTROL OF DUST CONDITIONS OF APPROVAL: 37. That within ninety (90) days of approval of this permit, vehicle storage areas shall begin to be surfaced with asphalt or concrete and must be completely surfaced within 180 days of approval of the permit. Thickness requirements shall be at CUP -706, Minor Modification No. 4 Conejo Ready Mix, Inc. February 14, 1992 Page 23 least three inches thick or concrete at least six inches thick as approved by the City Engineer. 38. To reduce the amount of dust generated, once a month, areas that are asphalted or concrete surfaced, except those areas used for aggregate storage shall be swept and where needed scraped to remove collected concrete and dirt. LANDSCAPING- CONDITIONS OF APPROVAL: 39. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 40. Within one month from the conclusion of the Los Angeles Avenue widening project, as determined by the City Engineer, the applicant shall submit a landscape plan and wall plan to the Department of Community Development for approval. Landscaping shall be along the public right -of -way and the property frontage in front of the required fence. All cost of review shall be paid for by the applicant. 41. The project site shall be landscaped the property frontage of Los Angeles Avenue to screen the project site from roadway view as approved by the Director of Community Development. 42. After the City determines the Los Angeles Avenue specific roadway improvements are to be constructed and after sending Conejo Ready Mix, Inc. written notice, Conejo Ready Mix, Inc. shall, within 8 months, complete all Los Angeles Avenue roadway improvements along Conejo Ready Mix, Inc.'s property frontage (per City standards and City approved plans) and consistent with condition No. 57. 43. Sixty days (60) days after receiving written notice by the City regarding the completion of roadway improvements per conditions No. 42 and 57 on Los Angeles Avenue, Conejo Ready Mix, Inc. shall install landscaping in the public right -of -way along Conejo Ready Mix, Inc.'s entire property frontage. Landscaping shall commence only after Conejo Ready Mix, Inc. receives written notice from the City that the Los Angeles Avenue roadway widening is complete. 44. Continued landscape maintenance shall be subject to periodic inspection by the City. The permittee shall be CUP -706, Minor Modification No. 4 Conejo Ready Mix, Inc. February 14, 1992 Page 24 required to remedy any defects in ground maintenance, as indicated by the City inspector, within two weeks after notification. 45. The applicant shall place a Surety Bond prior to the Minor Modification being approved in the .amount of 150% of the valuation of the landscape plan and wall plan to insure that landscaping of Los Angeles Avenue will occur. ENVIRONMENTAL HEALTH- CONDITIONS OF APPROVAL: 46. Prior to approval of the Minor Modification, the proposed use shall be reviewed and approved by the Ventura County Environmental Health Department to ensure that the proposal complies with all State and local regulations related to the storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Department, the applicant shall prepare a hazardous waste minimization plan. 47. That disposal of all potentially hazardous wastes shall be by a means approved by the Ventura County Environmental Health Division. 48. That adequate sewage disposal shall be provided in accordance with the requirements of the Environmental Health Division. 49. That an adequate, safe, potable supply of water shall be provided for the occupants and users of these facilities. CITY ENGINEER- CONDITIONS OF PROJECT APPROVAL: 50. The applicant shall demonstrate to the City Engineer that any new building pad /foundation has adequate protection from a 100 -year storm per City Ordinance No. 100 and feasible access during a 10- year storm. 51. The applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current area of contribution rate at the time of approval of Minor Modification No. 4 for Conditional Use Permit No. 706. Deposit of these funds shall occur prior to granting of the Minor Modification. 52. Within six months from the time of approval of the renewal of CUP -706, the applicant shall, under the supervision of the City Engineer, prepare and submit a proposal for remedial measures to the Arroyo Simi. The proposal shall be designed to restore topography on applicant's site to a condition in CUP -706, Minor Modification No. 4 Conejo Ready Mix, Inc. February 14, 1992 Page 25 which the site's effect on flood water surface elevation is substantially the same as that in the Flood Control maps dated 1967. All mitigative measures shall be implemented within one year of acceptance of the proposal by the City Engineer. The Ventura County Flood control District, the California Department of Fish and Game, and any other agencies with jurisdictions. An extension of time for completing the mitigative measures may be granted by the Director of Community Development and the City Engineer provided that substantial progress is being made towards completing the mitigation. Applicant may conduct, or pay the City of Moorpark all expenses associated with, further preliminary studies of the Arroyo Simi to determine whether any mitigation measures would be effective in reducing flood water surface elevations. The limits of this study will be form the bridge immediately downstream to the bridge immediately upstream of the applicant's property. If these studies reveal, to the reasonable satisfaction of the City Engineer and the Ventura County Flood Control District, that mitigation measures on the applicant's and adjacent sites would not be effective, the mitigative measures on applicant's site described in this condition may not be required. (Realignment of the Channel may be required at the discretion of the Flood control District based on results of the study). 53. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. If a FIRM map revision is necessitated by mitigation measures performed on the applicant's site, required by the above Condition No. 52, all necessary materials required by FEMA for a map revision shall be provided to the City Engineer's office within six months of the determination that this mitigation requires a FIRM map revision. This material will demonstrate the new 10, 50, 100, year flood plain locations following the mitigative measures. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance maps. A conditional letter of map revision shall be provided to the City prior to the granting of any additional extension. The applicant will be responsible for all costs charged by the FEMA and incurred by City's Administrative, Engineering, Legal, Planning and other staff related to FEMA revisions required by mitigation_ measures performed on the applicants' site. CUP -706, Minor Modification No. 4 Conejo Ready Mix, Inc. February 14, 1992 Page 26 54. Prior to any work being conducted within the State or City right -of -way, the applicant shall obtain an Encroachment Permit from the appropriate agency. 55. If necessary, the applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit and a permit from the Department of Fish and Game and the Army Corp of Engineers if deemed necessary. If multi- agency coordination cannot be accomplished then the applicant shall immediately return to the Community Development Director in order for the City to establish the appropriate agencies recommendation to abide by. 56. An irrevocable offer to dedicate 64' of right -of -way and easements along Los Angeles Avenue was granted to the County of Ventura and recorded on May 27, 1981. This additional width of right -of -way (R.O.W.) appears adequate by the City for alternative widening alignments should this agreement be deemed legal and binding for both the City and all heirs, assigns, and interests of the applicant. If this agreement is determined to be insufficient or invalid for any of the parties mentioned above the applicant shall, within 30 days following City Council approval of The Los Angeles Avenue Alignment Study, convey to the City an irrevocable offer of dedication for that portion of their property frontage along Los Angeles Avenue to facilitate an 88' (foot) right -of -way street section (see attached exhibit) . 57. Prior to final approval of Minor Modification No. 4, CUP -706, the applicant shall place a surety bond in the amount of $290,000 to guarantee construction of grading, fill dirt, roadway, curb, gutter, sidewalk, and retaining wall along Los Angeles Avenue. Such improvements will provide for an 88' (foot) right -of -way along the Los Angeles Avenue property frontage for a five foot sidewalk, curb, and gutter and eight feet of paving. The amount of the surety bond shall increase annually beginning in January 1993 and each January thereafter through January 2001 by the percentage amount of change in the Engineering News Report (ENR) Highway Bid Price Index (Index). If the Index decreases in any year, the bond amount shall remain the same as the prior year. If the Index is discontinued or revised, such index or computation with which it is replaced shall be used in order to obtain substantially the same result as would otherwise be obtained if the Index had not been discontinued or revised. This construction shall only be required if and when the City constructs four lane roadway improvements along the frontage of the CUP -706 property (see Attachment 16). CUP -706, Minor Modification No. 4 Conejo Ready Mix, Inc. February 14, 1992 Page 27 58. The applicant shall reclaim production water on site. Reclamation measures shall be implemented within 6 months of approval of Minor Modification for Conditional Use Permit No. 706. 59. The applicant shall maintain an adequate siltation basin on site to retain normal drainage under non -rain conditions. The siltation basin is to be protected and enclosed per Uniform Building Code (UBC). COUNTY SHERIFF DEPARTMENT CONDITIONS OF PROJECT APPROVAL: 60. That adequate crime prevention measures be taken to assure maximum protection from burglary. These measures shall include but are not limited to: adequate lighting; security doors, locks, and windows; and clearly visible entrances on the offices and shops as approved by the Sheriff's Department. 61. Prior to the resolution of approval being signed by the Mayor, the applicant shall pay for all costs incurred by City Staff as a result of processing the CUP -706, Minor Modification No. 4 entitlement request. PAGE 28 INSERT EXHIBIT 1 TO BE PROVIDED BY THE APPLICANT. r ATTACHMENT 4 JUL( 3 Moorpark Planning Department Attn: Planning Director, Debbie Trafenstaft and Stiff City of M. 799 Moorpark Avenue, Moorpark, Ca 93021 July 1, 1991 Regarding: CUP- 706 /Conejo..Ready Mix This letter is in regard to CUP -706 which you are currently evaluatin under a Minor Modification. We have several complaints, but I will first address the issues regarding the CUP -706. Most importantly condition number 4 clearly states that if all of the conditions are not complied With that the permit not be granted for the second time. Quote: "the planning director will be authorized to review and continua this conditional use permit for one additional ten year period ending May 21, 2001,pr2vidincr that full compliance with ALL condition has been accomolished and that the uses•autherized by this ermit •gill remain compatible to the properties in the general area for the duration of the additional ten year period. The following conditions were never complied with: 17., 18., w 30., 37., and r 45. Our primary concerns are with 30 and '. 45. Condition .30 was to provide cross - connection control device for the water system. The water department has not been able to verify that this was ever.-done and as a result. our water, I believe is contaminated. We have had to have a water softener system installed because without it everyone in our house gets rashes -or skin problems including our visitors. Condition # 45 states that they were required to dedicate a road easement 64 feet wide along the entire frontage of the CUP site As you know this area is one of our most dangerous sections of road. I know of at least one traffic fatality that has occurred in that area in recent Years.. Ten years ago had they dedicated this properly as they were required it may have made the differ ^ of Navin q y -nee' g that section of road widened and straigljteijrd prior -to construction of the fl•Cov.1y. This condition still has not 1,C,•r� co :r'P i cd :: i �1�, ,Intl if r 1 ntr .ippro•; ,I 1 , these ccnd i L i nnr; : i 1 1 �rn� ►• � . C C Page 2 Next I would like to address our personal concerns. We have contacted zhe owners directly regardinq some of these issues but none of them have been corrected. When the original Conditional Use Permit was issued, the company had a total of 9 trucks and 12 employees. They currently have 21 Of their own trucks as well as loading other companies cement trucks and in addition have 8 sand hauling trucks. This is at least triple the operation it was in 1981. The noise level has changed dramatically since we first moved into our home in 1977, the trucks used to start uo at 5:30 — 6:00 and that was it, a little engine noise, and the smell of diesal fuel, usually on Saturday one or two trucks would make deliveries around or 10 o'clock. Now the noise is loud and constant, they have 9 for the time of day it is, they operate all night long at times no regard Our specific complaints follow. They have a loud outdoor telephone be that can be heard ringing all over, and on Sundays no one answers 11 rings all day long. They have a lot of loud poorl uip it so it Y running is always making more noise than necessa ng equipment that hours during the ni ht , sometim �'• They have deliveries at all g es at 3 and 4 in the morning and they bang on these trucks with big sticks to break loose the sand and gravel, this noise is so loud it carries all over. issues, as I am sure you are aware of that laspect of address the traffic the worst for last, every morning at 5:30 the Problem.• Saving with the back up bell, that Y have the tractor start up goes ding, ding, ding, ding, ding, and it doesn't stop until at least noon, the noise pitch is designed to be annoying and loud as a warning to nears Pitched annoying sound and you wake u Y persons, so it is this high Of the week including it at 5:30 A. M. ever g Saturdays._ Y morning The EIR fo=-.the original CUP ncor:gStly stated house on the hill and therefore no noise factor that there was one addressed in the EIR. or needed to be hills across the street land aalso la 1981 there were three homes on the adjacent to the cement factory. . tract of homes planned directly I think it is also important to note that With our city business license if a Person wants to sell doll clothes from her home she must notify all of her - Ji`icu neichlror� in Ord 2f to get her permit, Cec�use of the cla � t 5 C C Page 3 such a major i:Ipact on the area, need not not4fy anyone. There is another cement factory almost next door, Cal.rat, it is clean, quite and attractive, thay had the street widened with sidewalks and curbs Put in. I think it is very clear what needs to be done to protect the area surrounding this project. The City of Moorpark needs to make the owners apply fora Maior `cdif� cation as the CUP -706, condition # 4 specifies. This will mandate that there be a public hearing and all Of the residents will be notified properly and will be able to address there concerns. It is totally unfair that this company be allowed to continue to do business until the year 2001 without several maior issues being discussed. Thank You, Clifford & Christine May 13853 E. Los Angeles Avenue Moorpark, Ca 93021 (805) 529 -5090- P.S We have videotaped many of the violations that have been discussed and will supply a copy to anyone needing to view it. C.C. Steve Xueny Mayor Paul Lawrason ' councilmembers /Roy Talley /scott Montgcmery /Bernardo Perez /John Wozniak C C Andrewv L. Burg * POB 111 MoorpaL.. _ . k dU5 ) 529 -6373 At n: Moorpark ResidenATTACHMENT 5 I am reading this letter to represent Andrew Burg. He has requested that I read it in first person. Dear Neighbors, My family and I have lived here for over 7 years. Although we all- are encroaching on the wilderness that was once here, Moorpark is now home and we must harmonize. We do the best we can to respect that remaining wilderness, and we do everything we can to respect our neighbors and their rights. We live in "Village Heights" where there are two cement plants nearby. The first one, Ca1Mat, is directly across the 118 street. The other, Conejo Readv;Mix, is over h -mile to the east. CalMat never seems to raise any dust. They are quiet (or used to be), and r have even sent a representative around to ask if they were bothering us in any way. They were not at the time. In great contrast, Conejo has been violating city rules or regulations for as long as we've been here. When we first moved in, we were awakened frequently between ll:pm and 4:am by the loud and sudden sound of a "pop -off" valve at Conejo. It makes loud noises when air pressure is too high in the process of unloading raw materials to the plant. I know what it is because I visited Conejo and talked with employees in the wee hours of the morning when their machines were making loud noises. When calling the city, you told me to call the Police. All the police would do was "file a report ". By the time an officer got to Conejo, the noise frequently stopped. It took many late -night calls to the police and to the owner before Conejo finally. installed baffles to reduce the sound. But they still unload raw materials after dark and they still wake us up periodically. Their phone rings a loud external horn. That has frequently broken the peaceful silence of a quiet Sunday morning. They do not take care of their dust situation. There is constantly dirt on the roadway in the driveway area. On many days, especially windy days, dust can be seen blowing from their property, being carried into the air. Much of it seems to land on My property. We get particularly heavy dust near any open window. When we first moved here, I would often be wakened by the foul smell of diesel exhaust. I've even looked out my window to see Plumes of smoke rising from the property. I called the fire department, only to have them find an idling truck at Conejo. My request at this time is that Conejo Ready Mix stringently abide by the rules and regulations of the city of Moorpark and that these guidelines be rigorously tightened and strictly enforced. Violations should be dealt with sternly so that Conejo learns to operate within the guidelines of good neighborly conduct. Thank you for Listening... Sincerely, Andrew Bur J ATTACHMENT 6 _ CASE NO.. CUP -706 APPLICAN —z Ccneto Ready Mix Inc, RESOLUTION NO_; PAGE NO.: 1. DATE: May 21, 1981 PLANNING DIVISION CONDITIONS- That 1. the Permit is granted for a concrete batch Plant and accessory buildings as described in: a) the application dated January 7, 1981, and any attachment thereto; environmental D) the Protect description contained i' the document for the subleet permit; and c) as shown on the Plot plan(s) labeled Exhibit "E', except or unless indicated otherwise herein- All previous Planning Division permits on this site are null and void. 2. That the ooeratlon of this concrete batch Cement silo, plant shall be limited to one (1) one (1) elevator and batcner, one (1) loading conveyor Deft, one (1-) 600 square hopper and square foot shop building. foot offlca building, and one (1) and 3. That the loeatlon of all buildings, fences, signs, roadways, parking areas, • Dian(s) lab and other facilities or features shall be as shown on the plot . -- Dian(s) labeled Exhibit 'S� -�ceot or unless Indicated otherwise herein. 4• That the permit is granted for a period of time of ten (10) May 21, 1991• That at the end of this ten year Years, ending filing of a Minor Modification a Y period, and following the Director will application by the permittee, the Planning be authorized to review and continue this conditional use Permit for one additional ten Providing that full compliance with Year period ending May 21, 2001 and that the uses authorized p h all eonditiorls has been accomplished properties in the general area for the permit will. remain compatible to rhe_ _ • - Period. • the duration of the additional ten year S. That by November 21, 1990, s!x months r permit, the permittee shall Prior tp the initial expiration of Pursuant submit a Minor Modification application Condition No. 1 It he wishes an extension of this considered. Upon such timely filing of said application. extension continue in full force until Lhe renewal permit administrative a request is acted u permit will appeals are determined. Thac by May acted upon and all Year• prior to the expiration of this permit, the permi21, shall submit one (1) • - Maior Modification a extension of application to the Planning Division it he wishes an this permit considered, • _ Modification' application, Upon such timely filing of a Major request is act this Permit shall continue in force until the acted upon and all adminlstrative appeals are determined. .: " 6• That the permit shall expire when the use for which it !s —'' discontinued fora period of 365 consecutive. days granted is „ Y or store. .� 7. That upon expiration of this permit, or abandonment Hof the - premises shall be restored by the permittee to the -- - -: to the Issuance of the permit, s pearl to conditions existing the ermit a Y practicable, 9 Prior . _ a;• That any minor changes may be a r•the filing of a Minor PProved by the Planning require the filln Modlflcatlon aPPllcation, but g Director upon 0 of a Major Modification a any major changes .,III the Planning Ccmmission. PPllcatlon to be considered by 9• That the design, gn' maintenance an p or the thereon d operation enactments shall comply Permit area and requirements of federal. state, with all applicable requirements and County authorities, q and all and and enactments shall by reference become cone,tions of this Permit. 10. That no condition requiring of this entitlement shall be interpreted 3s �rrmittinq or of an any viotaliorl of Isw, Or any fawful rules or regulat,cns or orders authorised ,ovzrnrt,ental a�enCy, In instances where More than one sec of rules app1Y, the stricter ones shall take precedence. .. 11. That it are het( No of the . conditions be ,n or limitations of this Condit cn.a Use Permit f(maini r tien; Grid, lri ,) shall not ins a1iC i :e any na C:r,C. .i! holc,n . of the Thai .ne) cr vto, conStruCt,cn, a 1-nr Cl: Prop d and �afrt r r•�c>,cn/ V rrrr•il Snill Le cJ'alncO fr -ir nCm Ir r, 3q CASE NO.. CUP -706 C C .,_ APPLICAN• -!Ccnelo i7eaay f•tix Inc. - RESOLUTION NO.: - -. PAGE NO.: 2 DATE: Xtay 21, 1981 13. tat the site snail be landscaped as shown on the Landscape Plan labeled ergo C •D' Continued landscape maintenance snail �e subject to Periodic Insoectlon my the County, The Permittee snail be required CO remedy any defects in ground maintenance, as indicated by the jaunty Inspector, within two weeks after notification, 14- That trash disposal areas shall be screened with a six (6) foot high solid fence or wall enclosure. Final design of said enclosure snail be suolect to the approval of the Planning Director. .15. That the property for which this permit i!._ granted shall be completely height _of by a two (2) inch mesa chain link fence constructed to a - height _of .not..less. than six (6) feet and containing no openings except those actually required for Ingress and egress, as shown on the plot Plan(S) labeled Exniblt "E", and as authoriZed by this gate or gates made of the same material as [he fence snail bet, and that a each opening Permitted, and that such gate or gates shall be kept for and locked during Hours of nonopera ch That pt closed Public streets snail be opaque subject to the Portion of the fence facing Director. approval of the Planning 16. That all parking and �Storaq,� within the oerime• i 77. That nee. Mere be no A Simi, gregate or any construction within �78.�Thac within nine[ ) of areas shall be surfaced i h YS dust /reeama erials and�it, v maintained continuous! in a en'cle storage y dust -free condition, . snail afterwards be 19. That the subject development shall which meets the requirements provide sufficient otfstreet 8161 - 2.4,1, of Ordinance— Ode Parking Article 47, Section 20. That no parking space shall be located within ten (10) entrance to the property; that all areas feet of a vehicular shown as parking areas Surfaced with asphaltic concrete and shall be 3uitabl individual Parkin shall De Parking spaces and traffic flow. Y marked, outlining 21. That all required yards, fences, parking areas, storage areas yarns, and other open uses on the site shall De maintained is a orderly manner at all times, • oPeratlons neat and 22. That signs are subject, to Ventura County Ordinance Code Sign Ordinance. - Article 24, 23. That no later than ten (10) days after any change of pro or of lessee(s) or operator($) of the subject the Planning arty ownership 9 Director the name(s) and address( us, )hareIneall D• filed with r, lessees) or operator s es acknowledging ( )' together with a le[ter from an new owners ), 9 9 and agreeing to comply with Y sucn Person($), all conaltlons 24, That the exerc of this permit, ise of an l resFects Y r ght granted by this permit shall conform In all Regional netts wto the regulations and requirements of the ater Quality Control 8oaro, California State 25. That the permittee agrees as a condition of issuance (:r rencw,il C this permit to defend at his sole expense any act :cn =rouon Count ) and use aiternativeectu°se of issuance (or renev,al) of this :c --,t tor;aijnt the fcr °nY Court relinquish this Permit. Permittee will re.incurse the County reCusred and /or by a court attorney's Ices welch C:, 4—zunty may be at its sale to Pay as a result of any Such action, sucn dlscretlon, parescs C:a.nty may, cc� cn ticiPat'on shall not relieve tipermit a et f$ his f cci ,attic s dung r inis -0, t , �$. Thal ,eion se's acCeptJnCe Of this permit Jna /:r C:^tmencrmcnl of JCCC t•.,ht �nL and /Cr cCrra:.cn$ unaer this permit . ^)it :C Y o: ,,11 Ccncit,cns cf Iris$ perr i r Al C CaSF NO.: CUP -7C6 RESOLUTION. Np aPPL1 CAN T._�= Canelo Ready r+lix Inc. • PACE NO.: DATE: may 21, 1931 _NVIR0\MFYT4L "FAL -4 0IVISION t'CNOtTIONS� 27, That disposal cf all approved b potentially hazardous wastes shall be , Y the Ventura County Environmental health Division. a means - 29• That adequate sanitary facilities shall be Provided in accordance with the requirements of the Cnv,rpnmenta! health Olvlaion. Z9. That an adequate, for to safe, potaole suDDlV of water shalt be ` e occupants and users of the dealities -�� providelt :J- That ergs3-connection system in accordance control devices shall be installed on with the the water •\s Environmental Health requirements Division, of the Ventura County - 37• That in order - to Protect the Public Pollution. any aoanaoned welts safety and prevent accordance with the Ventura on the afety Property groundwater County Well Ordinance, shall be destroyed in AIR POLLUTION CONTROL DISTRICT Ap 32. CD) CONDITIONS- That facilities shall be constructed Rules and Regulations and operated In accordance with District. of the Ventura County air h the suolect An authority to Construct shall be obtained for Control Permit prl� to construction. a!! a ui q pment 33. That operations ~ (Opacity) shall be conducted can with Y) and 57 (Nuisance). APCO Rules 50 -_ • ' crap DEPARTMENT CONDITIONS. - - 34. That access roads for access shall be installed with an all by fire department apparatus, surface suitable 35. That all drives shall have a minimum vertical clearance of 73 feet 6 inches 36. That prior to construction, County Bureau of F the applicant shall submit hydrants. Fxistin ire Prevention for the aPProval Of the loocath n of Lure Shown on said plans. hydrants within 300' of the Ceveiopmenc shall f be -.s F ire hyardntS Shall De installed and in �•____ '- uction and �`"""--° --- W shall conform to service prior to Works Manual. the minimum standards combustible •. _ of the County Each hydrant shall be a 6 Inch wet barrel dell n ono 4" and all, 25 Inch oullal(a), 6 , and shall have The required fire flow shall be achieved at no less residual pressure, than 20 psi Fire that shall be spaced 300 feet on center, no structure w,11 be Partner than 150 tent (rem hYarant, and so located any one d• Fire hydrants nts shall be 2a• on center, recesses in from the -'3• That curb f tie minimum 7 eonstr fire Ilow ucl,�n proxImil reCuirPO IS determined b devices prow, Y to other Y the type of building Reo F did' as Specified structures, fire walls, and fire protection r. s ed reCu +rid (,� F�� Given DY LhC I.S.O. Guide for Oa•tt•rm,n,n -- sn,,/ a Itot. ,S the present plans and tre rr ^e�,lY that the pleeX#M DIY 2000 QJII ns PCr min�teint T^` 1JV01iCJr,' _ rldr CJn prcviJe the rc�utrru qu.11t+ty at C,r:t oil ,rasS Cr t rt :n r•LCs (a.r; ..._r;- -.r:,� =n1' Strictures :hJll Cr cl:.1r¢d (' i +r /.:r -•f'♦ :J tni s 0 < <1. CASE NO.: CUP -706 s� APPLICANT Ccnelo Ready fAix Inc. RESOLUTION NO.: PAGE NO.: 4. DATE: *lay 21, 1981 ;0. That address numbers, a minimum of 6 inches high, shall be installed or,or, to occupancy, snail be of contrasting color [a :he background, and snail be readily visible at night. Where structures are set back more than Z..0 feet from the street, larger numbers will be required so that they are distinguishable from the street. 41_ That building plans of all "H" occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for review. 42. That fire extinguishers shall be installed in Protection association accordance with National Fire Pamphlet a10. The be reviewed by the Fire Prevention Bureau. lacement of extinguishers snail 43. That If any building(s) are to be protected by an system, plans snail be submitted with payment for plan check automatic sprinkler to the Ventura County Bureau of Fire Prevention for review. COUNTY SHERIFF DEPARTMENT CONDITIONS: 44. That adequate crime Protection e from bur la prevention measures be taken to assure maximum adequate lighten glary. These measures include Out are not limited to: 9; SecurltY doors, locks, and windows; entrances on the offices . and clearly visible P PUBLIC WORKS AGENCY CONDITION5: 45. That prior to Issuance of a Zone clearance, the applicant shall offer for dedication to Ventura County: (1) a road and slope easement 64 feet wide along the entire frontage of the CUP site; (2) a flood control easement in accordance with the Coros of Engineers' right of'way requirements for the Arroyo Simi to the Ventura County Flood Control District; and (3) a flowage easement for that portion of the site subject to flooding. The offers shall be accomplished by submitting legal descriptions to the Public Works Agency for review an d approval. 46. That the Ventura County Building and`Safety 'tvall�c`ooralnate all flood Proofing of new structures with the Ventura County Flood Control District. 47. That ingress and egress shall be restricted to one location on Los An Avenue. The entrance shall be improved in accordance with Plate the Ventura County Road Standards within 90 Angeles ys aftar a E -6 of approval. Sw :sP78j .1 1 ' 5, ad ;acent 'oninn: Adiacent Jne-orcre z.tinimum zoning is "R- E.t;,<. (Rural Exclusive. an the SOUCh Jnd west. north and east ana "'•1 -2" (Lim.tea Inau S;iel) The "q- E -)AC" :one allows concrete Datcn plants as a conditionally the expansion anon permitted use, and ;he "M-Z" ;one :Haws with the issuance modification of existing concrete batch condition °f a CUP. Therefore, the atones ed would be compatible with pro 70S2tl use as r lands; the existing zoning on • r7, Existino and aaiacent Lana Uses - - -- '� - - -- - -- oncrete Patch The permit area r which lane the or the existing [he p inuuaes entire 6. plant - is located. The 57 -acre parcel an f the sublet[ parcel Properties an th• west and sed for are vacant; the the east uis an automobile repair shoo; Property on s used for one residence, and the PM;oert s feet The elevation of Y on the north above th• plant sit• should raduc• nols• Impacts ionnth• o e ; knoll herefore, the proposed use would be compatible w, uses; 11 dent•. th surrounding land - d�'JUS:�nn •r r � - - -- • graded for res; The Subject site teat existing has been is Proposed. g batch plant ooeratlons. Cleared and traversed The southern 200 feet of No new grading by Arroyo Simi (see Ne subject site require the dedication Exhibit ]), Condition Is easement; ConaiUDn 36 a flood control 45 would floodor would re easement and a flowage Doled In accordance quire that all new Control District; with the structures be and Condition requirements of the Of any aggregate n 17 would Flood There- fore, any construction Proh,Oit the stockpiling i the Proposed m within with existing oa,ficat,on as conditioned Arroyo Simi. There- . • `g natural features; ould be compatible 9. Traffic Circulation; _......_. —.. —_ Access a .. Angeles :,venue g to the site .. to (Highway is directly from 50 truck deliveries V 118), 7raffiC is estimated to Los i the dedication of °r loadings Per day average <0 a 6.1 foot wide road easemencLalanditlOn 4S requires the sloe lacing Highway 118. - ) entrance Condition 47 requires ghat a frontage of has reviewed improved to County standards. The P {j the driveway l Problems. the proposal and has not Identified Public Works ' Therefore, there is ode any significant Agency - _ - - the proposed prole[[, and the quote provislon for traffic i • _ - Circulation Element of the Count protect would be access to serve Y General Plan; !rt Compliance with the Services SaME.tIOn• -.-+ - -�. ._..__....:...•. .. - system. ana water '- - ►�,-. --- - -. ��.... - No new is Provided a���tne�u' water mains would by County Waterworks -"� Septic require that aae s w be required.- s Oistr;ct No. 1 Potable water q sanitary facili*- Cona,tions 28 and 29 would • ments of supply be provided and that an the Environmental in accordance wrth adequate, - _ the recommend Health 0f Health Division, the require- ad available at the approval, the Therefore, with . - - Pralact site; required services would li. General Plan- Parcel The A10orpark COmmunit the as ' 1 -2- (Medium IndustrlJl y Plan desisn;tes the sub ect in M-2' ), which 1 permits far (Limited Industrial) zone, all0..s uses permittea on concrete batch s Stated .... _ oncret A the basis that Plants in ..M above, existing in the °r.1- ., Sucn existing the 2.i zone caved be moaifiro compatible with th zone. The a Plants are "func;.,;nally appropriate- 12. Moorpark Comm Pr °Posro �rolect would be unity Plan; Cev�o�ent Adv; given a ce Sory Ccmm,ftr,; a�enc,es (P anof the conoit,�n On May 1, 1991. -me applicant .•Js S rcccmmencea y . ana Public ping, EnvirOrlmen(Jl Meath, b °]FIJCJr County reCommen tYOrks),. The APCJ.� Fire Prevention, red cond,l,ons of applicant raised no aPProval `Dltctions to the ._., 17. JuN (sac exhibit $)i Sr7ictiCn :no r Ji Ccmm..nts: `C Cnil ecturJl Cn JJnUJry 13, 1921 t'1a: 1 .".rC'.al `f :r r,a via•, Ccmr•. !r. � , n . .Of Jrk PlJnni ^. _ • oG;:rCve a ICI( mcc.ii:J[iCn,. a.itn _• Ava�nLe. turn r�cl, et J ft� -ti( t:lJ1 CJltr;ns % ;ar�•� 1'O.ryar, in r IJf nCS: �Ul1aJ IrJ:f. �n t -i ..nra•:cf 1 a .rira,iniJ ..t-" , CP ;Crci.r.i.] t1Jt ',) i.r: a:: �u:..ic -S ~OuiC `t rJ::tri'/ lr Cf era i'.....r.] C C _ and 'hat none of the ;nloouna traffic would have !•ridn beak volumes. •:s Stored aDOVe, Che dstimatea Za,ly trancc is =0 tJ =0 ;rucks .;Cr day• Therefore, the r2ublic works Adency determined :hjL Rio +eft turn Pocket would Ze reduireo, based On current and an(iCipated trartic volumes. C41trans was Sent a CO but had no comments. PY of the subject :roposal, g Oi._.,on 3130 received a !etter from the MOOraark Community �Ili..ce dated February 2, 1981, requesting land SCaDlnq Of the bOunoarieS visible to the public, dust control, and the aaootion of some means of reducing the possibility of traffic the 400roach and entrance to the property (see 1 Exnlolt 6). A landscaoing and Irrigation plan was CUP -706 in 1970. This plan, which was Prepared for l� requires landscapin adopted . in 1970 as Exnibit s� Is already In q along Los Angeles Avenue. This landscaping 1 Y place. CcnaiElon 13 d would require 1, Of the lanscape area, continued maintenance improved Oust control from the batch plant would be by the installation of the new batch plant, and Conditions 32 and 33 would require conformance with APCD Rules and Regulations. In addition, Conoition ;8 would require vehicle storage areas to be surfaced with a- dust -free material. As to the issue of traffic safety, the Public Works Agency has recommended entrance on Los Angeles Avenue be that only one driveway • be improved in permitted, and that This entrance i accordance with Plate E-6 of the County Road Standards (Condition 47), Therefore, with the reccmmen �} concerns raises by the Moorpark Community Alliance have beenlaiddressed; • 14. PUbIiC Czmments: NO COmmen(s from interested citizen received by Erie Planning Civision to date; have been .• ]S. Ordinance Comoliancet Based _ set forth upon It has upon the Information and findings been determined that the subject i as recommended for approval with application the attached conditions meets the requirements of the ' 8163 -3 in that as conditioned; Ventura County Ordinance Code Section a. The proposed uses. would be compatible with existing and • future land uses within the zone in [he general area where the uses are to be located; b. The proposed uses would not be obnoxious _ _ y adjacent property; or harmful to C.- The proposed uses would not= Impair • the character of the Zone in which they are located; and integrity. . and d- The proposed uses interest, health, safet would not be detrimental; to the public y, convenience, Or welfare, -.-' RECOMMENOED ACTION. _ _ r. 1• Find that this project would not have a environment; Certify ignificant affect on has been corn Y that Ehe attached the completed In compllance attached Negative Declaraticn EIR Guidelines issued thereunder; C. E. and the .• reviewed and certify that this body Shas and considered the information contained in the Negative Ceclaratlon; and 2• Adopt the proposed (indin Use Permit rro gs and approve the modi(iCJtIJn of CCndiliOnal 5) CUP -706 subject to the attacned concltions (Sec Exnioit Prepared by: Revle%.ed by; Steve wcod / 'F • ��� Civit.cn ' A -ITACHMENT f11 12 Liu f.,AIX Ila September 5, 1991 Paul W. Lawrason Jr., Mayor Bernardo M. Perez, Mayor Pro Tem Scott Montgomery, Councilmember Roy E. Talley Jr., Councilmember John E. Wozniak, Councilmember City of Moorpark 799 Moorpark avenue Moorpark, California 93021 Gentlemen: I represent the company that has owned Conejo Ready Mix, Inc. since early 1989. I would like to respond to the letter, received by the city in July, from the new planning commissioner and her husband, Christine & Clifford May. You may recall that this was published with the council package without comment from the city on August 7, 1991. 1) The letter states that we have not dedicated a road easement and that we are the reason that the road hasn't been widened, causing a traffic fatality. This is mistaken. The easement required by the CUP was dedicated in a document signed May 7, 1981 and recorded May 27, 1981. Also, when asked last year for additional land to help with the widening, Conejo gave the City the land. Copies of the documents are attached and are also available at the County Recorder's office. 2) We have investigated the allegation that Conejo has caused water line contamination causing the Mays' skin rashes or skin problems. We believe this is not the case for three reasons. F1xst, there are cross - connection control devices presently in place at Conejo Ready Mix. Second, even if those devices were not in place, and assuming for a moment that we somehow could contaminate our water line at the plant, a) the contaminants would have to push over 850 Pounds of water, 280 feet u4 our pine from the plant, gaining l0 feet of elevation, against an So psi flow to get to the water main... ...and_ b) turn left at the water main and travel 480 feet aan i nst the water flow,. passing two or three other tees, to arrive at the r�lay, s se: V1G entrance. The water in the Water rain flo;;s east, not Nest. Conejo is C l 92 east of the May's. Contaminants do not flow upstream or uphill. Contamination is not physically possible. Third, the County Waterworks District tested the May's water in November 1990, according to S.L. Goodman of the District. The test revealed that the Mav's water is -iust Fine. I am sure the May's are sincere in their belief that the water has caused their skin problems. However, there is no evidence to support this belief, contamination is not physically possible, and there is substantial evidence from water district experts that contamination has, in fact, not occurred. 3) For the record we have 21 mixer trucks, five of which are parked because of the slow market. Sales volume fluctuates dramatically in the concrete business. We sometimes rent outside mixer trucks to handle busy sales days, and our own trucks sit idle on others. Everyone in the concrete business operates this way. The design capacity of the batch plant has not changed since 1981. You can only load so much concrete per hour out of it, no matter how many trucks you have. The number of trucks operating only relates to the distance our customers are from the plant. We have four rock and sand trucks, and two bulk cement rigs, though only one of those is regularly used. We also allow one other rock truck, not, owned by us, to.park there. We hire outside trucking when it's needed. Again, there are also days when our own fleet is idle. The back up bells on the heavy equipment are safety equipment required by CAL OSHA and are not, unfortunately, an option. 4) Conejo does its best to be responsive to complaints. In fact, the outdoor telephone bell that the May's mentioned was disconnected in 1990 after a complaint was received. I can not speak for the former owners. However, the current manager, who arrived one year ago, hasn't had an complaints. I•--11ope that I have cleared up the concerns raised by the May's letter: We are reasonable people who will try to respond to reasonable requests when we can. Please let me know if I can answer any other questions about this letter, or Conejo Ready Mix in general. I can be reached calling (818) 243 -4243. Thanks very much. by Sincerely, Conejo Ready Mix, Inc. by Dave 011ie' as-its As.iL. sec re -Iry j 3„ • Recorded at 'request of and Return to P6.3lic works .agency Real Property Services yI w;,��� c�u���� w�_j o[�t AP 1 511- 166 -445 g(lacpT J H 11.11.1 instr. 1 8091400.52 ^r. NO TAX IDUE ��� --2 i � � f FRED --� • Aunt o Ventura l• 2. OFFER TO GP.ANT OF EASE:IENT 1• AGREEMENT (Los Angeles Avenue) • f FORA VALUABLE CONSIDEI TION, receipt of which is hereby ac- �,_: knowledged, t . CONEJO READY MIX, 114C., a California corporation • , do (es) hereby GRANT to r COUNTY OF VENTURA i bl an irrevocable offer to grant an easement and right of way for public road and related purposes in, on, over, under and across the following dcscribcd real property in the.State of California, County of Ventura. a ) (See description on following•page(s)) The undersigned, hereinafter called,'4Grantgr', has offered _ this Offer To Grant of Easement Agreement, 'hereinafter called "Agreement ", -and the County of•Ventura,'hereinafter called 'County ", h2s accented this Agreement, upon the express under- standing and intention that: r" 1. REJECTION OF OFFER. By acceptance of this Agreement, County does hereoy reject the Offer, provided, however, that the ?Offer shall remain open and in effect so that County aay accgPt the Offer at a later date. 12. TERMINATION. This Offer shall automatically termi- nateiupon the tl:st of the followingito occur: a) The;adAption of a Resolution by the Ventura County Board of Supervisors wherein they rescind the prior rejection Of the Offer and acceot *he Grant of 'Easement; 1 of CUP 706 MOD. LOS ANGELES AVENUE i7IDE27ING - That portion' of Section 4. Township 2 North, Range 19 West, Tract L. Rancho Simi. in the County of Ventura. State of • f California. ,Ias said Section 4 is shown on the map recorded with the County Recorder of said County in Book 3, page 7. of Miscellaneous Records, described as follows: - A strip of land. 64.00 feet wide, lying southeasterly of and • adjoining the southeasterly boundary of the portion of Los Angeles Avenue. 60.00 feet wide, described in the deed re- corded June 17, 1916, with said County Recorder in Book 150. i• page 219, of Deeds., extending northeasterly from the westerly boundary of Parcel 'A" -shown on the map filed with the County .^• - Recorder of said County in Book 7, page 23, of Parcel Maps,' • i' to the easterly boundary of said Parcel "A'. Go s 2 Of I r - r Znstr. i R091400.523£1 -� recordation whereby b) Upon ce t on of a Quitclaim Deed he by 3 L C: C_ L;, County relinquishes, all its right, titic•and interest in and - to the real property hereinabove offered; or c) After the expiration of a period of 20 years, cc=nencinq from the date of this Agreement. 3.. AU•:CMATIC VESTING. Title to said easement -shall auto- _ - matically vest in the County upon recordation of a Resolution of the County of Ventura Board of Supervisors accepting same without any further action on the part of Grantor. Title shall relate back to and be effective as of the date this Agreement is recorded in the office of the Ventura County Recorder, here- inafter called 'Recorder.' 4. CCNSZDERATSON. 'Consideration for this Offer To Grant ` Of Easement is County's aoflroval of CUP 706 Modification " S. PARTIES BOUIlD AND BENEFITED. The terms of this Agree- ment shall inure to.tne benefit of and be binding on the heirs, assigns or successors in interest to the parties hereto. '• ►'' /:) 6 6. RECORDATION. Grantor and County intend that this i "• 1 ; ' Agreement snail be recorded in the Recorder's Office. COMPLETE UNDERSTANDING. This Agreement constitutes •, the entire unaerstanaing oetween the parties with respect to -'•' -f - the subject matter herdof, superseding all negotiations, prior : -' discussions, and preliminary agreements or understandings, written "or oral. This'Agreement may- not be amended except in ;V writing :by the parties hereto or their successors or assigns, •• j and recorded in the Recorder's Office. • : CONEJO -TEADY corpor ,a MIX, NC., a California t i BV �. i Dated: LDO:jy 3 OF 3 • 3 L C: C_ L;, iS -C. . ZM COR.PORA L.L ACKIVOWT__C' -S NT STATE OF COLN_rY OF ss On this '� day of �IIt --1-a Before me, a Nocary PubLi�.�ia ;n `ar said uoun[yl-anu State, personally appeared kno,,4n co -e to oe cne ' mown co me to be :he Secretary oz cne Corporation that executed the within lnsc�.:.:enc, J • known to me to be the persons who executed the within instruWenc on behalf of the said Corporation and acknc•aledged to me that such Corporation executed the within instn.:.ent pursuant to its by -Laws or a resolution of its board of directors. WITNESS my hand and official seal. r- ---------- - - - - -- - - -- '� AIJDREY H. CLARK i f.+.� -a •.)i�a. -o.K �u.ar...• - ��OCa r , Iv ']11c In ana for said CoL• :ty and State RH 1 � • 1 r. COUh•TY OF VEN'TURA CERTIFICATE OF ACCEPTANCE OF DEED' OR GRANT •t" This is to certify that the interest in Areal property 'conveyed by the deed or grant dated MA; Y 7+ 19' R / from O�vE;i'n (ZFA N M e to cr.�.ucunty or Ventura, is'aereoy accepcea oy Me unaer9l ea officler:on behalf of the County of Venturas pursuant to authorit- conferred by resolution of the Board of Supervisors on May 5, :1970 and the grantee consents to recordation thereof by its duly .-author-i-ed ' officer. Dated: CF'' �4;n • L C co W 6v B y (�I1• �. Q ,�.�, C Auc.horized Officer C..; ♦ � , � •� n.. -� NvtK SAE• � _ �ICOn01Ml•�IW111101t Tt ;, CUT Or M')OUAR; r C .,.. 9,0- 144160 Rea Fe I I Total P ° ��ai._ xy ♦wor..nMnecOnoiorragl0 Recorded I Olf1e1a1 Records I w., City Clerk County of CItT of Moorpark a Y• ti erww Ventura mow. •., �'� 4� 799 loorpark Ave. Richard D. Dean -N Ch" Moorpark. CA 93021 t. Reorder i �J 8s02u 28- 5•p -90 t VD • ?"f �..7 �`^•• erACe ^Save live time IOn aeCOAOfn7 use - 1 �''►�, l •� No rem Repotted °'•'1�� (Coverneenc•Code Section 6103 /, 2 may` Recorded for or the be 1 ..,. w �2M2f Ire Vin: 1 d }7, 1:;)t�:,: � no it of the City of)Moocpsrk Coaejo Ready Nxe Ine.. A California Corporstloo + r does hereby =rant to the CITT or WORrAU. • sunlclpal corporation . ma� all rij,ht. title. and inter•at 1. and to the follovtnR duerlyed property is the Couaty of Ventura. State of California/ • ~ i 4: h5 •� SE EXHIBIT "A" ' . (LEGAL DESCRIE7IOM) 1� • ATTACHED HLILETO ' • "and more partieularl h t y o�n.ast 'SEE MIBIT rB" ?(Ar � •,I , ED NEtETo tt • 'ATTACH '�• - � rr �s �. . I. \�C �iL :• Cz M • �: ` `_ Sheet - "�„ ... :: �•y,�' �ti.',;i:'\ L�-r 'ct•C`•.>i:+ a1. cam'. 7��{ ' L �.: 1., +':::.'`r•.•.... 1... .. - ,t,, vw•L�.• d'.•.. .�,Y. "' ?: Wit` •...:t,:: �• �,ti'• :,:1 :,�,� •.� Q'. 7 —��• I�.��I����tiI ;YI V i�R-�y„`r.�I; �'I��.a Y. v.J� \���t7`J(�t' ~l Y�'in 1. •'1��/ " `I lrl ��l!'�I�. .-.r!` -� J� '`•' r f� Y'•.. - T�• ., n...,. t.�._ -t .� .i�.of. :r a.,. ��M,r.r �. y _'•t'�-`— «:r l- r 1.1, �c�t ;r v•v +; Mjl r.S �l j' D•!f�^•1 �;iJ ��a I71�.• j- � � r ' .�. Wit", n • -• • � ` -' f ice•► -� -y �_,_ � - '� Catr. 0 1 Date fYit .Y %''; _�,:,: ".•l ..•" �S%,L.�1► -i yr ••�'1 CONEJO nEADY MIX, INC. a California Corporatlon i ,c• % �f3 !>E.ir— (_o•t.e:.TO,�G�ADy/1i�,t �,^ BY mot^ State of California)- ' Grantor(s). County of ss on this '40ck before me day t �A 2CFi , In the year 119- 1t In and for said e �a notary public personally known to. eperosrnpro appeared to me (e basis' satisfactory evidence) , to be the dpe son who executed the 1 within instrument as (president)(dZtriy coron to poration therein named and acknowledged ob©ealf of the corporation executed it. g that the S:itnoss by hand and QFFICLIL� kl, official seal C:':I;(llE H. CQi0110t �" " - =• h0i17f f�8UC. UlIWhM / � I�.� /� �V.►� 1h cn•,r. u:.....ti r s t t t1 C£RTZFTCAT£ OF A rvrvra �r -• - NOTICE IS HEREBY _ ' Of Ventura, State gofeCallfornia1tesotollovet k In-'the County 1• Tha 4on the S • {� Of i from' the wouncYl of the City was accepted by the, City Y of Moorpark. 2. That the said ,a,�� thA1 PO Ca subdivision accepting t in the County ��( is the City of Moorpark, address �yy of Ventura, State of California, w r' Moorpark Avenue hose 97021. , Moorpark, California, aThat the authorized City Clark of the City' of Moorpark is pt and consent to any dead or grant conveyin en thO recordation of upon real propegty to said City whichsth° CityeCouncil- hes approved, pursuant to Resolution, No. :BS -167 which was duly recorded with County. the County Recorder of Ventura' • , City of Moorpark t ' City Clc^iy Of the ' City of Moorpark - ,set C o! < •• ?.yc Mt, c� L•�r Q �T -; , JL .t ATTACH MENT 8 December 5, 1991 BY TELECOPIER AND U.S. MAIL Ms. Kathleen Mallory Phipps City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Conejo Ready Mix, Inc., CUP -706. Dear_ Kathleen: Q�7 � This is in response to your letters of December 2, 1991, and December 4, 1991. The position taken by the City in the December 2, 1991 letter is manifestly unreasonable. A draft of the revised new proposed permit conditions will not be provided to Conejo until Friday, December 6, 1991, (and not until 4:00 p.m. according to our telephone conversation yesterday); however, the City requests that Conejo provide its legal objections in just two working days, or by Tuesday, December 10, 1991. Conejo hopes that the City has corrected all deficiencies in the previous draft of the conditions. Nevertheless, Conejo thinks it would be prudent of the City to provide Conejo a draft of the conditions in advance of mailing the notices of a public hearing. If major deficiencies remain in the draft and they cannot be corrected before December 18, 1991, it will be necessary to seek a continuance of the hearing. Accordingly, Conejo objects to the City's scheduling of the hearing for December 18, 1991. (Conejo provided two sets of mailing labels originally in August, and. in '?oi_ ^.g S--:did not in. any way agree to-.or endcrse --hz current schedule initiated by City staff.)* Conejo disagrees with the characterization of events contained in your letter of December 4, 1991. Conejo will not at this point respond to the characterization as such would serve no constructive purpose. Oc call. If you have any questions or if I can be of assistance, please PO OX 69 • `•'OCRPARK. CAL IFORNIA 93020-PHONE (805) 529 1673-FAX (8051529-30,3 RECEIVED DEC­- ='6 c4 cc: Patrick J. Richards C �m Sincerely, Conejo Ready Mix, Inc. by , Dave 011is, as its Assistant Secretary � 4 ' ATTACHMENT 9 September 9, 1991 Honorable City Council City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 RE: Conejo Ready Mix, Inc., CUP -706 Gentlemen: Conejo Ready Mix, Inc. hereby requests the City Council to postpone until October 16, 1991, the hearing on the above - referenced CUP, which has been scheduled for September 18, 1991. This postponement is necessary to enable Conejo to fairly respond to proposed additional CUP conditions. Conejo has been informed that additional conditions may be proposed, but has not vet received any formal notice of the content of the proposed conditions. Conejo objects to (1) any imposition of procedures not prescribed or customary for minor modifications, (2) any treatment of this matter as a major modification, and (3) the imposition of any permit conditions other than those originally specified in the original permit and agreed to by Ventura County. Sincerely, Conejo Ready Mix, Inc. By <��- Dave 011is, as its Asst. Secretary cc: Kathleen Mallory Phipps ►'i 'Xn'f•':ia!fiic..,r r...;ir '120- PHOI.; F.; _'1.10: r � . ATTAC H Ni E N T 10 October 16, 1991 BY HAND DELIVERY Kathleen Mallory Phipps Pi E City of Moorpark ; s • G r: 799 Moorpark Avenue Moorpark, CA 93021 Re: Conejo Ready Mix, Inc., Renewal of CUP -706 Dear Kathleen: At your request, I am writing to provide Conejo's objections to the proposed new conditions. Conejo objects to the imposition of any new conditions. Conejo's application is for a minor modification of our present CUP, to extend it for another ten years. There is no basis for the imposition of new or additional conditions. In addition, proposed new conditions Nos. 4, 6, 8 -23, 25 -34, 36, 38 -40, 42 -60 are unreasonable, are vague and indefinite, are arbitrary and capricious, are not related to the CUP or the use of the property, improperly constitute an individual tax, exceed the authority of the City as set forth in the California Code and Moorpark Ordinances, and /or constitute an unconstitutional taking of property without compensation. It would be impossible for Conejo or any company to comply with these conditions, which would put Conejo out of business and render our property valueless. Because many of the proposed new conditions are vague and ambiguous, providing more detailed written objections would be difficult and bu'rder_scre. Tt' iS part-, for t i is -reason i 2haL since September 25, 1991, Conejo has requested a meeting with the City to discuss the conditions. Conejo also objects to the procedures that have been employed by the City, which procedures have been grossly unfair and constitute a violation of state and federal constitutional due process and equal protection rights. Conejo objects to the extent that there has been, or continues to be, any participation in this matter by Mrs. May, a Planning Commission member who by her letter to the City Council, has demonstrated a personal interest in this matter. It is impossible for the City to conduct a fair hearing regarding this matter because of the irrevocable prejudice and harm done to Conejo as a result of the illegal participation of a city official with a personal interest in this matter. (7 �• 1...! n'J �.�. :�. .. ��r. .i •1 ,i i'.I• � � ��i Pi in!. .: n 'n;'3 `A 3t- S:7-� Nothing in this letter shall be deemed to be a waiver by Conejo of any further objections to any of the sixty proposed new conditions or the procedures employed by the City. In addition, Conejo does not waive the right to seek any appropriate legal or equitable relief. If the City does not renew CUP -706 with its original terms or grant the continuance and extension requested in Conejo's letter of September 25, 1991, Conejo intends to appeal this matter to the appropriate appeal body. I would appreciate it if you would inform me of the appropriate appeal procedures, including the time for appeal and appropriate appeal body. If you have any questions, please do not hesitate to call. Sincerely, Conejo Ready Mix, Inc. By Dave 011is, as its Asst. Secretary �cc: Patrick Richards 0 C l - - - - - AT7ACHMENT 11 December 3, 1991 BY TELECOPIER AND U.S. MAIL Kathleen Mallory Phipps City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Dear Kathleen: I have not yet received a revised draft of the City's proposed new conditions. As I explained in my letter of November 25, 1991, Conejo cannot begin preparing for a hearing on this matter until the revised draft is received. It would be helpful if a draft of even some of the revised new proposed conditions could be provided. Conejo respectfully suggests that the proposed conditions should provide for a ten year renewal in 2001 if a major modification application is filed. In the meeting of November 13, 1991, Mr. Kueny explained that the City took the position that an application for a completely new permit would need to be made because the current permit did not provide for renewal after the year 2001. In fact, the current permit does provide for renewal in 2001: That by May 21, 2000, one (1) year prior to the expiration of this permit, the permittee shall submit a Major Modification application to the Planning Division if he wishes an extension of this permit considered. Upon such timely filing of a Major Modification application, this permit shall continue in force until the request is acted upon and all administrative appeals are determined. (CUP -706, Condition 5). There is no basis for withdrawing this valid permit condition, and Conejo requests that the City reconsider its position on this issue. Please call me at your earliest convenience to discuss these issues. cc: Patrick J. Richards Sincerely, Conejo Ready Mix, Inc. by <-I-)— Q Dave 011is, as its Assistant Secretary -- RECEIVED - DEC - 4 1191 r%i�,► of "_1 X11rr, -,.-4- di/27i92 13:09 $818 59r- 7881 GRX 002 a � -- at; , s3 ATTACHMENT 12 January 27, 1992 Kathleen Mallory Phipps City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: CUP -706, Letter of January 21, 1992 Dear Kathleen: Thank you for your letter of January 21, 1992. Enclosed please find a copy of your letter which has been marked to reflect changes that we believe more specifically protect the interests of the public, the City, and Conejo. The enclosed copy has been redlined to indicate deletions. Additions are noted with capital letters for which the proposed text follows: A. Conditional Use Permits are null and void, except that, any conditions of CUP -706, dated May 21, 1981, not herein modified remain in full force and effect. B. Ventura County Flood Control District easement dated May 27, 1981, numbered 048631, without permission from Ventura County Flood Control. C.- No unloading of bulk cement_ trucks or bulk fly ash trucks shall occur before 6:00 a.m. on days of operation. The following limited operations may take place before 5:30 a-m. on days of operation: 1) Two bulk cement hauling trucks and four aggregate hauling trucks will be allowed to start, warm up for 20 minutes, and leave the site before 5:30 a.m. 2) Ready mix trucks will be allowed to start their engines no earlier than 5:15 a.m., providing that no truck loading occurs prior to 5:30 a.m. The following limited operations may take place after 6:00 p.m.: 1) Ready mix trucks returning to the site after 6:00 p.m. Monday through Friday or after 1:00 p.m. on Saturday, will be allowed to wash out into the reclaimer and park. Should Conejo need to operate beyond the above specified hours of operation in order to obtain a contract to provide concrete for a highway, road, or other construction that takes place at night or beyond its regular hours of operation, Conejo may do so if it notifies the Director of Community Development (or designee), by mail, at least 72 hours in advance, of the following: 1) Description of the specific job_ ^` 2) Estimated start date. 3) Estimated duration. P.U. t3OX 69 • mOORPARK. CAL IFORN)A 93020 • PHONE (805) 529 167:1 • FAX (805) 3078 r 01/27/92 13:10 IM818 54S 7881 CRX 4) Approximate hours of operation (beyond normal hours). 5) If any significant variations in the description provided develop after the start of the job, conejo will inform the City by an additional letter as soon as they are discovered. D. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. As you may notice, our proposal is to make condition 131 similar to the original form proposed by the City. we believe that stationary noise sources are more appropriately included within the general noise limitation of condition 129. Accordingly, we propose that the following be substituted for condition 129: 29. All roof mounted equipment and other stationary noise generation sources on -site shall be attenuated to 65 decibels (dBA) (during normal hours of operation), at the northern property line, or to the ambient noise level at the northern property line (measured over fifteen minute intervals using standard acoustical engineering techniques) . Stationary noise generation sources shall be deemed to include the following: all stationary and mobile operation of loaders; operation of fly ash and bulk cement trucks during unloading; and operation of ready mix trucks during loading and washout. As you may note, the above language unambiguously addresses and limits the noise sources that have been discussed by residents. Regarding condition 035, we are unclear of the meaning of your note. Additionally, I have spoken with the Dirk Lovett of the City Engineer's office, and he was unaware of any revisions yet to the non -f lood control portions of'conditions 50 -59. I will call you to discuss these matters. Finally, we do not understand the need for proposed condition 161. At the City's request, conejo signed a cost reimbursement agreement with the City, and I believe that Conejo is current on all bills it has received from the City. I do not understand the apparent reference to other outstanding costs, but if you would send me an invoice for these costs, we may be able to work this out and avoid the need for your proposed condition 061. z 003 0 r- " 01/27/92 13:11 $818 54F 7881 cc: Steve Kueny Patrick J. Richards CRX Sincerely, Conejo Ready Mix, Inc. by < Z e Z2 Dave 011is, as its Assistant Secretary la 004 01/27/92 13 =25 $818 54c 7881 GRX Q012 January 21, 1992 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 5291884 Mr. Dave 011is Conejo Ready --Mix, Inc. 4549 Brazil Street Los Angeles, CA 90039 (via facsimile, original forthcoming) Subject: CUP -706, Minor Modification No. 4 Dear Dave: This letter is a follow up to the meeting held on Friday, January 17, 1992. Pursuant to this meeting; revised condition language can be found below. As Conejo Ready -Mix does not want the issuance of the CUP to intigate a Zone Change, language to this effect will be included in the preamble of the resolution of approval for CUP -706, Minor Modification No. 4. Pursuant to the January 17, 1992 meeting, the following conditions have been revised (additions to language are bolded): 1. That this permit is granted for a concrete batch plant and accessory buildings as described in: a) the application dated November 19, 1990; b) the project described contained in the application; and c) as shown on the site plan (dated 5- 21 -81) , except or unless indicated otherwise therein. All previous land use entltlefneftt permirms pr ti-nT - -the- - ef"- 3.9 fr-, - m±noz- Modi €ication No- 4 are — ntrl-l- --and— +sera -r - al eel Of L- .� s - meth € iQCl --try th" Mir Modi f is at ' . 11. That there shall be no stockpiling of aggregate or any construction within th 27. The hours of operation for Conejo Ready -Mix, Inc. shall be Monday through Friday, 5:30 a.m. to 6:00 p.m. and Saturday 5:30 a.m. to 1:00 p.m.. On Sunday, no operation shall occur.* PAUL W. LAWRAGON JR. JOHN E. WOZNiAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. M*YOt Ma7w Pro Tam Cour.Mmam ( Couno1won bai O*Vr4Wr4ff4W 01/27/92 13!12 x`818 54c 7881 CRX 1z C106 Mr. Dave 011is, Conejo Ready -Mix, Inc. S� CUP -706, Minor Modification No. 4 January 21, 1992 Page 2 31. " - mil er--o of _ tvm-- 4Jl4j iJl� - aed en the ee� he operate In a-- statieeaey ma ie 35. Deletion of this condition will be referenced in the preamble of the resolution of approval provided that City requested improvements to Los Angeles Avenue and the Simi Arroyo occur. 50 -59 Please Consult with the City Engineer regarding the revised language for these conditions. Please contact me should you wish to discuss these revised conditions of approval. You may pick up a copy of the Staff Report for the February 5, 1992 City Council meeting on Monday, February 3, 1992; please ask for Celia LaFleur who will be holding a copy of the staff report for you. To date, staff has spent a total of 145 hours and 45 minutes. As staff's billing rate is $71.00 per hour, staff's time has totalled $10,349.25. Additional staff time will be spent preparing the staff report, revising conditions, preparing the resolution of approval and attending City Council meetings. Our records show that $5,449.23 has been paid to the City by Conejo Ready -Mix, Inc. to cover costs associated with City Staff review only. Please be advised of the new condition added to CUP -706, Minor Modiciation seen as Condition No. 61: 61. Prior to the resolution of approval being signed by the Mayor, the applicant shall pay for all costs incurred by City Staff as a result of processing the CUP -706, Minor Modification No. 4 entitleaent request. ' 01/27/92 13:13 V818 545 7881 CRX 8 007 v Mr. Dave 011is, Conejo Ready -Mix, Inc. CUP -706, Minor Modification No. 4 January 21, 1992 Page 3 Should you have any questions, please feel free to give me a call at (805) 529 -6864. Sincerely, Kathleen Mallory Phipps Associate Planner cc: Steve Xueny, City Manager Cheryl Kane, City Attorney Patrick J. Richards, Director of Community Development A:2- SCCmtg.ltr (jrA 1v W'v IlhV. ATTACHMENT 13 February 3, 1992 BY TELECOPIER AND U.S. MAIL Honorable City Council of Moorpark City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Conejo Ready Mix, Inc., CUP -706. Gentlemen: Sq Conejo Ready Mix, Inc. hereby requests that the City Council postpone, until February 19, 1992, the hearing on the above referenced CUP, which has been scheduled for February 5, 1992. Conejo believes that great progress has been made with City Staff toward resolving disputes regarding the proposed new conditions. Conejo believes that only a few differences remain -- unresolved, but Conejo has not yet received a Staff Report or draft of revised conditions and cannot confirm this. In a meeting last week with the Ventura County Flood Control District, the Assistant City Engineer, and Conejo Representatives, modifications to the language of the Arroyo Simi mitigation conditions were discussed. Conejo expects today to forward proposed revised language to the City Staff, City Engineer, and the Ventura County Flood Control District. Conejo is somewhat uncertain of the status of the conditions relating to the Los Angeles Avenue improvements. Correspondence from the Citv Staff and Assistant City Engineer seems to indicate that additional engineering work is necessary. As requested by the City Engineer, Conejo.forwarded a deposit of $5,000.00 to the City to facilitate the engineering. A postponement is also appropriate because City Staff has scheduled a meeting with Conejo at 2:00 p.m. Friday, February 7, 1992, to discuss our remaining differences. Conejo is hopeful that all outstanding issues will be addressed at this meeting. It is my understanding, following discussion with City Staff, that they support this request for postponement, and believe it to be the appropriate course of action. FEB P.O BOX 6. • MOORPARK. CAL WORN A 93020 • PHONE (805) 529.1673 • FAX (805) 529 -3078 cc: Kathleen Mallory Phipps Sincerely, Conejo Ready Mix, Inc. by '�; � Q 6 3� Dave 011is' as its Assistant Secretary U f 4,t �� �1�?��'�. (IN, _. ATTACHMENT 14 ir'aovy�v... �- February 4, 1992 F E B o BY TELECOPIER AND U.S. MAIL QtY of Steve Kueny City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Conejo Ready Mix, Inc., CUP -706 Dear Mr. Kueny: As we agreed in our meeting January 17, 1992, Conejo representatives and the Assistant City Engineer, Dirk Lovett, met on January 31, 1992, with the Ventura County Flood Control District to discuss the new flood control conditions proposed for CUP -706. As you know, Conejo has objected to the language of conditions 52 and 53 because Conejo feels that they could be read to require Conejo to undertake mitigative measures and other related work on property not owned by Conejo. Conejo had proposed language for conditions 52 and 53 which was discussed at the Friday meeting. Conejo had provided drafts of the proposed language; however, additional modifications were discussed and Conejo agreed to draft new language and submit it to all parties for review. The new language proposed by Conejo is as follows: 52. Within 6 months from the time of approval of the renewal of CUP -706, applicant shall, under the supervision of the City Engineer, prepare and submit a proposal for remedial measures to the Arroyo Simi. The proposal shall be designed to restore topography on applicant's site to a condition in which the site's effect on flood water surface elevation is substantially the same as that in the Flood Control maps dated 1967. All mitigative measures shall be implemented within one year of acceptance of the proposal by the City Engineer, the Ventura County Flood Control District, the California Department of Fish and Game, and any other agencies with jurisdiction. An extension of time for completing the mitigative measures may be granted by the Director of Community Development and the City Engineer provided that substantial progress is being made towards completing the mitigation. Applicant may conduct further preliminary studies of the Arroyo Simi to determine whether any mitigation measures on applicant's site would be effective in reducing flood water surface elevations. If these studies reveal, to PA BOX 69 • MOORPARK, CALIFORNIA 93020 • PHONE (805) 529 -1673 • FAX (805) 529 -3078 - z the reasonable satisfaction of the City Engineer and the / Ventura County Flood Control District, that mitigation measures on the applicant's site would not be effective, the mitigative measures on applicant's site described in this condition, shall not be required. 53. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. If a FIRM map revision is necessitated by mitigation measures performed on the applicant's site, required by the above condition 52, all necessary materials required by FEMA for a map revision shall be provided to the City Engineer's office within six months of the determination that this mitigation requires a FIRM map revision. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance maps. A conditional letter of map revision shall be provided to the City prior to the granting of any additional extension. The applicant will be responsible for all costs, incurred by the City, related to FEMA revisions required by mitigation measures performed on the applicant's site. By copy of this letter, we are also forwarding this proposal to Mr. Haydon and Dirk Lovett. If you have any questions, please do not hesitate to call. Sincerely, Conejo Ready Mix, Inc. by <�2� o157 Dave 011is, as its Assistant Secretary cc: Bill Haydon Dirk Lovett Patrick J. Richards Kathleen Mallory Phipps February 7, 1992 • i MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6861 3 ATTACHMENT 15 Mr. Dave 011is Conejo Ready Mix, Inc. 4549 Brazil Street Los Angeles, CA 90039 Subject: CUP -706, Minor Modification No. 4 Dear Dave: Staff has reviewed your letters dated January 27, 1992, February 3 and 4, 1992 requesting modifications to the following conditions: Conditions No. 1, 11, 27, 29, 31, 52, 53, and 61. Based upon your requests, staff has the following response and has made the following condition revisions: Condition No-.: 1. Staff does not agree to modify the wording of this condition, as seen within your letter dated January 27, 19 9 2 . Staff's wording of Condition No. 1 will remain as worded within our correspondence dated January 21, 1992. 11. Staff has modified this condition to include Staff's and Conejo Ready Mix's requested wording. The new condition wording shall be: "That there will be no stockpilling of aggregate or any construction within the Ventura County Flood Control District easement dated May 27, 1981, numbered 048631, without permission from Ventura County Flood Control. If permission is granted by the Ventura County Flood Control District, Conejo Ready Mix, Inc. shall, within 5 days, inform and provide the City with a letter from the Ventura County .Flood Control District specifying the duration of such agreement. Should Conejo Ready Mix, Inc. wish to move its primary aggregate storage location or expand its primary aggregate storage area, either will require Conejo Ready Mix, Inc. to apply for a Minor Modification application at the City of Moorpark (see Exhibit to be submitted by Dave 011is which will identify Conejo Ready Mix's primary aggregate storage area). 27. Staff does not agree with all of the condition wording proposed by Conejo Ready Mix, Inc. as stipulated within Conejo's January 27, 1992 correspondence. Hours of operation shall be as stipulated within the January 21, 1992 correspondence from Staff to Conejo Ready Mix, Inc.. PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M_ PEREZ ROY E TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmemtv_r Councilmember P,mred On Recycled Pape., r • 0 Mr. Dave 011is, CUP -706, Minor Modification No. 4 February 7, 1992 Page 2 However, the following addendum will be added to Condition No. 11: "The hours of operation for Conejo Ready Mix, Inc. shall be Monday through Friday, 5:30 a.m. to 6:00 p.m. and Saturday, 5:30 a.m. to 1:00 p.m.. On Sunday, no operation shall occur. The following limited operations may take place after 6:00 p.m.: 1) Ready mix trucks returning to the site after 6:00 p.m. Monday through Friday or after 1:00 p.m. on Saturday, will be allowed to wash out into the reclaimer and park ". 29. Staff does not agree to modify Condition No. 29 and replace it with the language proposed by Conejo Ready Mix, Inc. within the January 27, 1992 correspondence from Conejo Ready Mix, Inc. to the City. 31. Staff's does not agree to modify this condition. Condition wording shall be as specified within the January 21, 1992 correspondence from the City to Conejo Ready Mix, Inc.. 35. During my conversations with you on January 30, 1992 regarding this condition, I informed you that this condition would be added to the preamble of the Resolution of Approval. I explained to you that this condition would be identified as a WHEREAS (within the Resolution of Approval). I informed you that as soon as the preamble wording was available, I would let you know to enable Conejo Ready Mix, Inc. sufficient time to review the Resolution of Approval. 52 and 53. Staff is still reviewing the condition language proposed by Conejo Ready Mix, Inc. as identified within the correspondence sent to the City on February 4, 1992. 61. All conditions of approval specify that the applicant (Conejo Ready Mix, Inc.) must have a balance of $0.00 prior to Council granting of the CUP. Additionally, the City does not prepare invoices but below is a listing of money paid to the City for planning services only as well as staff time working on this project. To date, staff has spent 158 hours on this project. This does not include staff preparation and review for the February 19, 1992 City Council meeting. Staff time (158 hrs.) x $71.00 (staff's billing rate per hour) _ $11,218.00 total billed by City of Moorpark to date. b Mr. Dave 011is, CUP -706, Minor Modification No. 4 ' February 7, 1992 Page 3 Conejo Ready Mix, Inc. has paid the following to the Planning Department for staff planning services: $5,449.23 (paid to Planning Department) $1,500.00 (Staff administration as part of $5,000 paid to the City Engineer) Total paid: $6,949.23 Total billed by City of Moorpark to date: $11,218.00 Total outstanding balance due to date: $4,268.77 Also, please be advised that after City Council approval of this entitlement request and when Conejo Ready Mix, Inc. seeks to comply with conditions of approval, the City will ask for a monetary deposit to enable the City to monitor Conejo Ready Mix's compliance with conditions of approval. Please be advised that Conejo Ready Mix, Inc. must submit a revised site plan identifying the location of Conejo Ready Mix's primary aggregate storage area, as stipulated within Condition No. 11. ,. Should you have any questions regarding this matter, please feel free to contact me at (805) 529 -6864. Sincerely, Kathleen Mallory Phipa" Associate Planner Attachment: Revised Conditions of approval cc: Steve Kueny, City Manager Patrick J. Richards, Director of Community Development A:2- 5follup.ltr