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HomeMy WebLinkAboutRES PC 2016 615 2016 1206 RESOLUTION NO. PC-2016-615 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2003-05, FOR THE CONTINUED OPERATION OF AN EXISTING CONCRETE BATCH PLANT FACILITY ON APPROXIMATELY 6.5 ACRES LOCATED AT 13950 PRINCETON AVENUE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF NATIONAL READY MIXED CONCRETE WHEREAS, at duly noticed public hearings held on June 23, 2009, August 25, 2009, and December 6, 2016, the Planning Commission considered Conditional Use Permit No. 2003-05, on the application of National Ready Mixed Concrete, for the continuation of an existing concrete batch plant facility, on approximately 6.5 acres located at 13950 Princeton Avenue; and WHEREAS, at its meeting of December 6, 2016, the Planning Commission considered the agenda report and any supplements thereto and written public comments, took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and WHEREAS, the Community Development Director has determined that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 of the CEQA Guidelines as a Class 1 categorical exemption for existing facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 of the CEQA Guidelines as a Class 1 categorical exemption for existing facilities in that the concrete batch plant has been operating under a Conditional Use Permit since 1958, and that this Conditional Use Permit allows for a continuation of the existing uses on the site with negligible or no expansion. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: Resolution No. PC-2016-615 Page 2 1. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that this type of use is anticipated in the M-2 (Limited Industrial) zone, subject to the approval of a Conditional Use Permit. Goal No. 10 of the Land Use Element of the General Plan is to "Encourage a diversity of industrial uses which are located and designed in a compatible manner with surrounding land uses" Policy 10.2 states that "Industrial uses shall incorporate design features, such as screen walls, landscaping and setbacks, and include height and lighting restrictions so as to minimize adverse impact on adjacent uses and enhance the visual characteristics of the area." Goal No. 13 of the Land Use Element of the General Plan is to "Achieve a well-balanced and diversified economy within the City which provides a variety of economic and employment opportunities". Policy 13.5 states that "The city shall work with the business and development community to encourage an increase in sales tax capture." This project meets these objectives; 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that this area has historically included Limited Industrial type uses, including heavy equipment repair, another concrete batch plant, and a shoring company. Nearby residential uses post-date the establishment of this zoning and many of these land uses; 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties in that conditions of approval have been proposed for appropriate screening and landscaping. The batch plant and crushing operations are consistent with surrounding land uses; 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been proposed regarding hours of operation, noise and traffic in order to mitigate potential impacts on neighboring properties; and 5. The proposed use would not be detrimental to the public health, safety, convenience, or welfare in that the applicant is required to comply with all local, State, and Federal laws, including permitting for Environmental Health, and Air Pollution Control District requirements, and in that conditions of approval have been proposed regarding hours of operation, noise and traffic in order to mitigate potential impacts on public health, safety, convenience, and welfare. SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2003-05 subject to the Conditions of Approval included in Exhibit A, attached and incorporated herein by reference. Resolution No. PC-2016-615 Page 3 SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Aquino, Groff, Hamous, Vice Chair Landis, and Chair Di Cecco NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 6th day of December, 2016. Mark i C- o, Chair / iedf— Davi A. Bobardt, Community Development Director Exhibit A— Conditions of Approval Exhibit B — Right-of-Way and Construction Easement Dedication Resolution No. PC-2016-615 Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) NO. 2003-05 1. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. This permit replaces Conditional Use Permit No. 706 as amended by Minor Modification No. 4 in its entirety. Upon receipt by the City of written acceptance of this permit and its conditions of approval, City shall release requirement for Surety Performance Bond in the amount of $10,000.00 per Condition No. 25 of Conditional Use Permit No. 706, Minor Modification No. 4, as stated in Resolution No. 92-836. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 4. The applicant 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, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided by the California Code of Civil Procedure Section 1094.6 and Government Code Section 65009. The City will promptly notify the applicant 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 applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: The City bears its own attorney fees and costs; and ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. Resolution No. PC-2016-615 Page 5 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2003-05, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking layout shall require review and approval as determined by the Community Development Director consistent with Chapter 17.44 of the Zoning Ordinance. 7. This permit is granted for a period of twenty (20) years from the date of final action on this permit. Upon submittal of request by the applicant and payment of processing fees at least six months prior to its expiration, the Community Development Director may extend this term one time for an additional ten (10) years if all of the required findings of the original CUP continue to apply and the project is in compliance with the terms of the permit. The Community Development Director may modify or require additional conditions as determined necessary to make required findings for the Conditional Use Permit, as long as any modifications or additional conditions are at least as strict as those required with the original approval. 8. The hours of operation for the facility are limited to between 5:30 a.m. and 6:00 p.m. Monday through Saturday. Concrete mix trucks returning to the site after hours will be allowed to wash out into the reclaimer and park. Temporary deviation from these days and hours may be approved by the Community Development Director for transportation improvement projects or unexpected facility repairs (i.e. not planned renovations) through consideration of a Temporary Use Permit application. The applicant shall notify nearby residents of work outside normal hours in a manner as required by the conditions of the Temporary Use Permit. 9. Repair and maintenance of vehicles on the site, and crushing of material on site for use as aggregate is limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday. Within thirty (30) days of approval of the Conditional Use Permit, the applicant must provide for review and approval of the Community Development Director a site plan showing a designated area for vehicle repair and maintenance to minimize off-site noise impacts. Once the site plan is approved, all vehicle repair and maintenance must take place within the approved area. 10. Storage of concrete blocks manufactured on the site must take place in an area that is not visible from the adjacent Princeton Avenue public right-of-way, once Princeton Avenue improvements are completed adjacent to the subject property (Project No. 8012). Within thirty (30) days of approval of the Conditional Use Permit, the applicant must provide for review and approval of the Community Resolution No. PC-2016-615 Page 6 Development Director a site plan showing where concrete blocks will be stored. Within thirty (30) days of notification by the City that Princeton Avenue improvements are complete, the applicant shall store all concrete blocks manufactured on site in accordance with the approved site plan. 11. The Princeton Avenue Roadway Improvement Plan (Project No. 8012) is incorporated herein by this reference. Pursuant to that Plan, within thirty (30) days of provision by the City of deeds to the applicant for signature, the applicant shall grant to the City fee title for right-of-way purposes and a construction easement along the entire portion of the Applicant's Princeton Avenue frontage (approximately 894 +/- feet). The deed for future road purposes, shall include, but not be limited to, public street, drainage, utility purposes, and all uses necessary or convenient thereto consistent with the Princeton Avenue Roadway Improvement Plan (Project No. 8012) as generally described and shown in Exhibit B, to the satisfaction of the City Engineer/Public Works Director. The Applicant acknowledges that the Applicant's property will continue to accept drainage flows onto the Applicant's property. To the extent a drainage easement does not yet exist, the Applicant shall grant to the City an easement for the right to dispose of storm water from Princeton Avenue onto the Applicant's property. Any land provided from this property to the City for right-of-way purposes as part of Project No. 8012 that is not needed for right-of-way at the completion of the project will be returned to the property upon submission of appropriate application and fees by the property owner. 12. Within thirty (30) days of written notification by the City that a contract has been awarded for the construction of the Princeton Avenue Widening project (Project No. 8012), the applicant shall pay to the Community Development Department $200,000.00, an amount to cover a portion of the City costs associated with the construction of eight (8) feet of asphalt roadway paving, curb, gutter, sidewalk, parkway landscaping, driveway apron, and a six (6) foot decorative block screen wall (to be built on top of the City constructed and funded retaining wall) along the entire property frontage (approximately 894 +/- feet). Upon receipt of payment, City shall release requirement for Surety Performance Bond in the amount of $365,400.00 per Condition No. 55 of Conditional Use Permit No. 706, Minor Modification No. 4, as stated in Resolution No. 92-836. 13. By accepting this permit, the applicant agrees to cast affirmative ballots for the formation of one or more assessment districts and levying of assessments, for the maintenance of parkway landscaping within the right-of-way between the front property line and curb (City Landscape Maintenance District (LMD)), including but not limited to all water and electricity costs. The City anticipates that the annual LMD costs are approximately $4,800.00 per year. The applicant further agrees to provide for maintenance of parkway landscaping within the right-of-way between the front property line and curb in the event the aforementioned assessment district is dissolved or altered in any way or Resolution No. PC-2016-615 Page 7 assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. 14. The applicant must obtain all necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Community Development Department within thirty (30) days of approval of this permit. If, during the life of the Conditional Use Permit, any approved uses require additional review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials. 15. The applicant must obtain all necessary permits from Ventura County Air Pollution Control District (APCD) and provide proof of said permits to the Community Development Department within thirty (30) days of approval of this permit. 16. The applicant must provide a plan for ongoing dust control for the entire site that demonstrates compliance with Ventura County Air Pollution Control District Rule 55 (Fugitive Dust), subject to the satisfaction of the Public Works Director/City Engineer and Community Development Director, within thirty (30) days of approval of this permit. 17. If at any time it is determined that the use is not consistent with the City's noise requirements, the applicant will be required to implement appropriate measures as determined by the Community Development Director to bring the use into compliance with provisions of the City's Noise Element of the General Plan and the noise standards in the Moorpark Municipal Code. 18. A plan showing a clearly defined storage area for aggregate material must be provided within ninety (90) days of approval of this permit that demonstrates the stockpile will not be visible from the adjacent Princeton Avenue right-of-way. Stockpiles of aggregate material may not exceed ten (10) feet in height, as measured from the adjacent grade at the foot of the stockpile. 19. Development of the westerly 3.46 acre portion of the site is not a part of this approval. 20. A plan showing relocation of the existing material storage bins on the north side of the site must be provided within ninety (90) days of approval of this permit. 21. With the exception of concrete mixing trucks, bulk cement trucks, and fly ash trucks, consistent with California State law, extended "idling" of commercial delivery vehicles is prohibited. Resolution No. PC-2016-615 Page 8 22. All trucking associated with this use shall comply with Title 10 (Vehicles and Traffic) of the Moorpark Municipal Code and the City's adopted truck routes (Resolution No. 2006-2534 or its successor). 23. Entitlement Processing Fees: Within ninety (90) days of approval, the applicant shall submit to the Community Development Department $26,000.00 for outstanding entitlement case processing fees. 24. Employee parking areas must be maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping must be maintained so that it remains clearly visible during the life of the development. 25. Enhanced landscaping shall be provided at the entrance to the site from Princeton Avenue to the satisfaction of the Community Development Director and Parks and Recreation Director. Within thirty (30) days of written notice by the City that improvements along Princeton Avenue frontage of the National Ready Mixed site associated with Project No. 8012 have been completed, landscaping and irrigation plans shall be submitted to the City for review and approval. All landscaping and irrigation shall be installed within ninety (90) days of approval of landscaping and irrigation plans. Upon completion of installation of landscaping to the satisfaction of the City, City shall release requirement for Surety Bond in the amount of $60,000.00 per Condition No. 44 of Conditional Use Permit No. 706, Minor Modification No. 4, as stated in Resolution No. 92-836. 26. Prior to any re-striping of the parking area, a Zoning Clearance is required. All disabled parking spaces and paths of travel must be re-striped and maintained in their original approved locations unless new locations are approved by the Community Development Director. 27. The continued maintenance of the subject site and facilities is subject to periodic inspection with site access pre-arranged with the applicant by City staff. The applicant and his/her successors, heirs, and assigns are required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) working days from written notification. 28. No noxious odors may be generated from any use on the subject site. 29. The applicant and his/her successors, heirs, and assigns must remove any graffiti within seventy-two (72) hours from written notification by the City of Moorpark. All such graffiti removal must be accomplished to the satisfaction of the Community Development Director. Resolution No. PC-2016-615 Page 9 30. Within ninety (90) days of approval of this Conditional Use Permit, the applicant shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste Management staff and the Community Development Director for review and approval. The Plan must include a designated building manager, who is responsible for initiating on-site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 31. Within ninety (90) days of approval of this Conditional Use Permit, all trash enclosures on site shall be covered to the satisfaction of the Solid Waste Management staff and the Community Development Director. 32. The plant manager or designee shall be required to conduct a routine on-site waste management education program for educating and alerting employees and/or residents to any new developments or requirements for solid waste management. This condition is to be coordinated through the City's Solid Waste Management staff. 33. The applicant shall comply with Chapter 8.52 Stormwater Quality Management of the Moorpark Municipal Code and any provision amendatory and supplementary thereto. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 34. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property." < END OF EXHIBIT A > Resolution No. PC-2016-615 Page 10 EXHIBIT B RIGHT-OF-WAY AND CONSTRUCTION EASEMENT DEDICATION eolb 5568 © 9�1 G���, '9°';46 '\:f°' ill/A ,..., `-,:t.„, ifr. � \f., ,4 ,§Jc:\,/1 A ii,,,,e GO\0 c.,4k's //14#" "%tk es , CA f �P / j �P y� ZI<I;+///' /011 :q** CL V:95;') cIL P ARC pt 95) ,�0 / c' k,�,p�°�O Q `�v``�'�.+• moo. 44P 4. „, \ \ ..... /// !��► SCALE: 1"=100' #! 0 100 200 300 7! s1P�G�j�ik ;;' Q , ROAD RIGHT—OF—WAY OGT (20,403 SO. FT.) / ,o fit rL Vs. TEMPORARY CONSTRUCTION EASEMENT (24,115 SO. FT.) .f1 S). X 2/8/2010 WO 18305.01 183O5LEGL-100SCALE.dwg APN 512-0-160-635 & 755 Resolution No. PC-2016-615 Page 11 ROAD RIGHT OF WAY LEGAL DESCRIPTION All that portion of Parcel A as described in Document No.2007-123849 of Official Records,in the City of Moorpark, County.of Ventura, State of California, recorded in the Officeof the County Recorder of said County,lying northwesterly of a line that is parallel with and 40 feet southeasterly, measured at right angle,from the following described line Beginning at the westerly terminus of that certain course shown on the map recorded in Book 52, Pages 58 through 61,:inclusive,of Records of Survey as".N87°17'49"E M&BASIS OF BEARINGS",being a point on the centerline of West Los Angeles Avenue as shown thereon, now known as Princeton Avenue; thence along said centerline.. 1st- North 87°46'51"East 816.13feet to an angle point thereon.thence,continuing along said centerline,: 2nd North 71°36'08"East 397:26 feet;thence,leaving said centerline, 3rd North 59°08'29"East 234.22 feet to the beginning of a tangent curve concave northwesterly having a radius of 458.96 feet;thence,along said curve, 4th Northeasterly through a central angle of 24°39'22°an arc length of°1.97.50 feet;thence, 5th- North 34°29'07"East 178.96 feet to the beginning of a curve concave southeasterly,having a • radius of 504.95 feet;thence, along said curve, 6th:- Northeasterly through a central angle of 31°47'42"an arc length of 280.21 feet;thence, 7th North 66'161.49"East 500.42 feet to the beginning of a curve concave southerly, having a radius of 700.00 feet;thence,along said curve, 8th- Easterly through a central angle of 24°1217"an arc length of 295.72 feet. Containing an area of 20,403 square feet, more or less. All bearings and distances described herein are based on the California Coordinate System of 1983 (CCS83),Zone 5,2007.0 epoch. To obtain ground distances, multiply distances shown herein by 1.000.06602.. Resolution No. PC-2016-615 Page 12 TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION All that portion of Parcell as shown.on Book 10, Page 4 o Parcel Maps,In the City of Moorpark,County of Ventura,State of California,recorded In the Office of the County Recorder of said County,lying northwesterly of a line that is parallel with and 60 feet southeasterly,measured at right angle,from the following described line: Beginning at the westerly terminus of that certain course shown on the map recorded In Book.52,Pages 58 through 61, inclusive,of Records of Survey as"N87"17'49"E M&BASIS OF BEARINGS", being a point on the centerline of West Los Angeles Avenue as shown thereon, now known as Princeton Avenue; thence along said centerline 1st- North 87°46'51".East 81613 feet to an angle point thereon;thence, continuing along said centerline, : - • 2nd North 71°36'08"East 397.26 feel;thence, leaving said centerline, 3rd North 59°08'29"East 234:22 feet to the beginning of a tangent curve concave northwesterly having a radius..of 458.96 feet;thence, alongsaid curve, 4th 7 Northeasterly through a central angle of 24°39'22"an arc length of 197.50 feet;thence, 5th- North 34°29'07"East 178.96 feet to the beginning of a curve concave southeasterly,having a radius of.504.95 feet;thence,along said curve; 6th Northeasterly through a central angle of 31'47'42"an arc length of 280.21.feet;thence, 7th- North 86'16'49"East 600:42 feet to the beginning of a curve concave southerly, having a radius of 700.00 feet. TOGETHER with all that portion of said Parcel 1, lying 15 feet southeasterly, measured at right angle, from the following described line: Beginning at the intersection of a line that Is parallel with and 60 feet southeasterly,measured at right angle,of the above described line with the northeasterly tine of Book 3429, Page 504 of Official Records,being the beginning of a curve concave southeasterly having a radius of 429.95 feet,a radial tine to said beginning of curve bears North 24°29'21"West;thence,southwesterly along said parallel line and said curve,through a central angle of 4.07'13":an arc length of 30.92 feet. TOGETHER with all that portion of said Parcel 1, lying 10 feet southeasterly,measured at right angle, from the followingdescribed line: Beginning at the Intersection of a line that is parallel with and 60 feet southeasterly, measured at right angle, of the above described line with the northeasterly line of Book 3429,Page 504 of Official Records, being the beginning of a curve concave southeasterly having a radius of.429.95 feet, a radial line to said beginning of curve bears North 24°29'21'West;thence, northeasterly along said parallel line and said curve,through a central angle of 0°45'23"an arc length of 5,74 feet;thence, 1 Resolution No. PC-2016-615 Page 13 North 66°16'49"East 500.42 feet to the beginning of a tangent curve concave southeasterly having a radius of 630.00;thence, continuing along said parallel line and northeasterly along said curve through a central angle of 2°26'58"an arc length of 26.93 feet to the northeasterly line of said Parcel 1. EXCEPT therefrom all that portion of said Parcel 1,lying northwesterly of a line that is parallel with and 40 feet southeasterly,measured at right angle,from the above described line. Containing an area of 24,115 square feet,more or less. All bearings and distances described herein are based on the California Coordinate System of 1983 (CCS83),Zone 5, 2007.0 epoch. To obtain ground distances, multiply distances shown herein by 1.00006602. < END OF EXHIBIT B >