HomeMy WebLinkAboutAGENDA REPORT 1991 1106 CC REG ITEM 11JMOORPARK
799 Moorpark Avenue Moorpark. California 93021
(805) 529 -6864
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
TO: The Honorable City Council
FROM: Patrick J. Richards, Dir -ector of Community Development
DATE: November 6, 1991 (CC' meeting of 11/6/91)
SUBJECT: EMERGENCY USE AUTHORIZATION NQ. 8 (EUA #8) - BLUE STAR
READY MIX, INC.
On November 1, 1991 staff received, by fax from the County of
Ventura Resource Management Agency a document regarding an Approval
Letter with Conditions for Blues St-ar Ready Mix, Inc.
It is anticipated that there w.iL:L be additional approvals by the
County in the future.
Attachment
JRPARK, CALIFORNIA
liy Cou II Nleeflng
1991
ACTION:
PAUL W. LAWRASON JR. BERNARDO M PEREZ SCE ROY E TALLEY JR
Mayor Mayor Pro Tem i .n )erib,u �Ouncllmember
JOHN E WOZNIAK
Councilmember
Printed On RecycleC Paper
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RESOURCE MANAGEMENT AGENCY AX
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APPROVAL LETTER MESSAr
HEARING AND DECISION: On November 1, 1991) the Planning Director
considered all relevant testimony, information, and findings related to
Emergency Use Authorization p8 and APPROVED the application, subject to
the attached Conditions. The effective date of
November 11, 199! (i s.., this decision is
period). she expiration of the ten calendar day appeal
PROJECT DESCRIPTION!
I. Entitlement: Emergency Use Authorization No. 8 QUA 118)
2. Applicant; Blue Stare Ready Mix, Inc.
3. Locationt 9035 Happy Cam Road, , Hoorpark, CA. 93020 -0729
4. Assessor's Parc•yl No(s); 500 -0- 110 -010, 500 -0- 160 -125,
500 -0 -100 -170, 190, 200, 230, and
502 -0- 050 -240.
S. General Plan Designation: en Space
ace P
6• Existing Zoning OS -160Ac and OS -8OAc
7- Project Descrlpiiont,
operational time limitation utofri6cO0on to exceed the ure and
return 'of trucks to the Blue Star facility for the h r
thesingleeventof
accommodating the "massive" concrete pours required for the
Cal -Trans bridge project (State Highway 23/118 connector, near
Moorpark). Usn of Batch Plant lit as a back -up plant, if required (
for said proje--t, is also authorized. This request is limited to \
one evening dsri.g the week of November 11, 1991•
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FINDINGS
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COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL
.'.
UALTTY
Division has reviewed the project to
ACT' The Planning
S'
asc "here
possibility of a Significant affect one the ienvironment ldue
circumstances.
to unusual
Because of the one -Lima nature of the project, and the
use of existing public roads, it
a -r.
can be seen With certainty that there
will be no possibility of significant effects,
exempt from
'
CE QA thus the
within the Pursuant to on 15061b(3). Further,
f
]5301 saidpuseefalls
use, -categorically exempt
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COMPLIANCE WITH 1.OJlNG _ ORDINANCE. NA ffNCE. Based upon the information
findings developed by
and
sta, it has been determined that
application, with tie attached conditions, meets
this
Ventura
RESOURCE MANAGEMENT AGENCY AX
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v�Rt�r
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ca ��,
APPROVAL LETTER MESSAr
HEARING AND DECISION: On November 1, 1991) the Planning Director
considered all relevant testimony, information, and findings related to
Emergency Use Authorization p8 and APPROVED the application, subject to
the attached Conditions. The effective date of
November 11, 199! (i s.., this decision is
period). she expiration of the ten calendar day appeal
PROJECT DESCRIPTION!
I. Entitlement: Emergency Use Authorization No. 8 QUA 118)
2. Applicant; Blue Stare Ready Mix, Inc.
3. Locationt 9035 Happy Cam Road, , Hoorpark, CA. 93020 -0729
4. Assessor's Parc•yl No(s); 500 -0- 110 -010, 500 -0- 160 -125,
500 -0 -100 -170, 190, 200, 230, and
502 -0- 050 -240.
S. General Plan Designation: en Space
ace P
6• Existing Zoning OS -160Ac and OS -8OAc
7- Project Descrlpiiont,
operational time limitation utofri6cO0on to exceed the ure and
return 'of trucks to the Blue Star facility for the h r
thesingleeventof
accommodating the "massive" concrete pours required for the
Cal -Trans bridge project (State Highway 23/118 connector, near
Moorpark). Usn of Batch Plant lit as a back -up plant, if required (
for said proje--t, is also authorized. This request is limited to \
one evening dsri.g the week of November 11, 1991•
f •
-'
FINDINGS
,s• - -•
COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL
.'.
UALTTY
Division has reviewed the project to
ACT' The Planning
Af
asc "here
possibility of a Significant affect one the ienvironment ldue
circumstances.
to unusual
Because of the one -Lima nature of the project, and the
use of existing public roads, it
can be seen With certainty that there
will be no possibility of significant effects,
exempt from
'
CE QA thus the
within the Pursuant to on 15061b(3). Further,
]5301 saidpuseefalls
use, -categorically exempt
as an existing
k
COMPLIANCE WITH 1.OJlNG _ ORDINANCE. NA ffNCE. Based upon the information
findings developed by
and
sta, it has been determined that
application, with tie attached conditions, meets
this
Ventura
the requirements
County OrdinA-ce Code Section 8111 -2.1.1
in that:
a. The project is consistent with the intent and provisions of the
County's Cenrral Plan
and of Division 8, Chapters I and 2 of tte
Ventura Count Ordnance Code;
b. The project- s ,omPar:ble with the
developmenr character of surrounding
c- The projoe_ sou k' not Igo obnoxious or harmful, or inpnir he
utility o! e� Ober inv;
I oPUrtY or uses;
d• The project ouid not hR detrimental to *'
health, ne Public interest,
C mvenicrcc�, or welfare; and
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-- RECEWED
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V c(0n4 s -or cc Ventura, CA 030C,) 1 1951
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EUA -8
page 2
e. If a conditionally permitted use, the project is compatible with
existing and planned land uses in the general area where the
development is to be located.
In addition, the application meets Zoning Ordinance Section 8111 -2.1.1
(C)(1) in that the impacts t:o the public can be expected to be
substantial should a continuous pour of freeway columns be interrupted,
thus resulting in a potential weakening of said structures. Further,
sufficient informatioru exists and has been substantiated to eliminate
other sand and gravol operators from being considered as alternative
providers for this wor, within the State's schedule.
APPEALS: As staged 11 Section 8111 -8.3, within ten calendar days after
the permit has been approved, conditionally approved, or denied, or on
the following workda, if the tenth day falls on a weekend or holiday,
any aggrieved person may file an appeal of the approval, conditional
approval, or denial with the Planning Division who shall set a hearing
date before the Plann.:r:g Commission to review the matter at the earliest
convenient date,
FFFFCT OF AN Ap -- to Section 8111 -5.5, the filing of an
appeal shall automatically stay all proceedings in furtherance of the
subject request. Neither the applicant nor any enforcement agency may
rely on an authority lecision until the expiration of the appeal period
or until the appea', !s resolved.
ZONTNO CLEARANCE,
A Zoning Clearance sha I be obtat.ned from the Planning Di
commencment of hau =i vision prior to
ng
AUTHORTZED SIGNATLT
Robert K. La usin,< onager
Commercial/ tr :" l nd Use S- tion
c: Applicant
Applicant's Represerr.ative
Public Works Agency
Air Pollution Contr, DistriC.'
Sheriff's Dapartmen+
City of Moorpark
JohnT__genc_ omo
Case Planner
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CONDITIONS FORr E.J //g
APPROVAL DATE: Vorerner g +:);
A. PLANNING _DIVISION ; ONDITIONS
I. Permitted ]Land Yse
APPLICANT: Blue Star Ready
Mix, Inc.
PAGES 1
This Emergency Use Authorization is granted for the Applicant to
exceed the current operational - limitation of 6:00 p.m. for the
departure and return of trucks to the Blue Star facility. This
single event is for the purpose of accommodating the "massive"
concrete pours required for the Cal -Trans bridga project (State
Highway 23/17.8 connector, near Moorpark). This EUA also
authorities use of Batch Plant #2 as a back -up plant, if required
only during request
ngon evening during the s limited t first
heweek ofNovember11,1991 pour
2. Time Limits of EUA
This Emergenc; Use permit is granted for the first pour only
during one; day during the week of November 11, 1991. This
authorization will expire on November 15, 1991, unless the
construction ab is delayed for reasons outside the applicant's
control; thereupon, the Planning Director may extend this
authorizatioi -,e additional week, ending November 22, 1991.
3. EUA Renewal
Thig EUA may not be renewed or extended beyond the prescribed
time limits [.,arsuant to Condition 112. Should it ba needed, a
second EUA mist be obtained for the first pour if it cannot be
done within chp limit of +:ondition #2.
4. Subsequent EUA Applications for Subse
Co nditionsT quent Pours (Tnformatianal
Any subsequent. EUA applications related to further pours shall
require the sibmittal of more extensive evidence at least 21
days in advan a of the first estimated pour date(s). Said
information ,ha 1 .nclude at a minimum:
a) A map stic -ing the construction site and the outer limits
from which a sand and gravel operator could not be expected
to be ahle } aervice this type of job; and
b) A listing jf 31: authorized or permitted sand and gravel
operatcr wi tir 'he geographical area noted above (a); and
c) A determin. -tion, with supporting documentation, as to which
of the at) va b) operators have been, and are currently,
authorized by :al -Trans to perform the required work in
accordance ',t}. -he r..alevant State specifications; and
d) Should any othor sawed and gravel operators other than Blue
Star be a thorized under (c) above, an analysis shall be
provided emonstrat:Lng why that facility cannot be
reasonable xterted be available to provide additional
pours.
5. Res onsibilities Prior to_:ommencement of Hauling
Prior to commee_ement of hauling operations, the permittee shall
sign the ac e,t, ce ,f -e ditions specified in Condition ll12.
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CONDITIONS FOR, u„ P,r #8
APPROVAL DATE: Pdo%rerr per 1, 1 9ra
6. EUA Modifir_ati,n
APPLICANT: Blue Star Ready
Mix, Inc.
PACE: 2
Any minor changes to this EUA shall require the submittal of a
written reques °.
2. Truck Volume Limitations
The maximcw -umber of truck trips (departures and returns)
permitted aft:e., 6x00 p,m shall be limited to forty -eight (48).
8. Notice of Permit Re uirem nts
Unless otha seise required by the Planning Director, the owner(s)
of record, the contractors, and all other parties and vendors
dealing with the operation of the proposed activities shall be
informed by the permittee of the pertinent conditions of this
EUA. A set of EUA conditions shall be retained at the Cal -Trans
construction .'ta unless deemed impractical by the Planning
Director..
9. Truck Movements~
The permittee ;hall, to the extent feasible without jeopardizing
the integrity ,f the construction job, manages truck movements to
minimize distu benre tr thn immedinto neighborhood and the. City
of Moorpark staggering truck departures and returns and by
attempting to retain ari, the construction site the last trucks
required for he po�ir so that they may return the following
morning,
10. Civil Penalties
In case of a y failure by the permittee to perform or comply
m Or decision - making authority rothat on is
would act on Ethe permit final
after notice t.; the permittee and a public hearing, determine by
resolution the amount of the civil penalty, not to exceed
$251000.00, ~c be levied against the permittee. Said penalty
shall be paid within 30 days unless the penalty is under
appeal. Fa!] ee t:o pay the penalty within the allotted time
period shn11 considered grounds for suspension of the EUA,
pursuant to sr ,. 8111 until such time as the penalty is
paid. The payment of a civil penalty shall not insulate the
permittee `rom 'liability in excess of the sum of the penalty for
damages or ir.ji y or expense of liability suffered by the County
of Ventura fro.r any breach of permittee of any term or condition
of said purri' or of anY applicable ordinance or of this
security.
11, Permittee's_Daf., A• Cost
The permittees Agree as condition of issuance or renewal of this
EUA to defend, .t their sole expense, any action brought against
the County becatse of issuance or renewal of this EUA or, in the
alternative, I relinquish this EUA. The permittee will
reimburse the ounty for any court costs and /or attorney's fees
Which the Ccuri y may be required to pay as a result of any
action by a urt. The County may, at its sole discretion,
Participate Cr the defense of any such action., but such
participation al not relieve permi *tee of the obligations
under this cr -ni, or.
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CONDITIONS FOR: E„.,, #8
APPROVAL DATE: Novem er 1, 1997
L2- Acceptance of +::onditions
APPLICANT: Blue Star Ready
Mix, Inc.
PACE: 3
Prior to commencing of hauling operations, the permittee shall
Sign a statement indicating awareness and understanding of all
EUA conditions, and shall agree to abide by these conditions
(located on final page of said conditions).
ACCEPTANCE OF CONDITIONS
I' hereby certify that I have read and fully
understand all Conditions of Approval placed on
abide by these Condi °ions while r operate the use authorized abyee to
permit.
Signad
Date