Loading...
HomeMy WebLinkAboutAG RPTS 2016 1206 PC SPC GPPK Cq .P i 411 . 4$64 Resolution No. 2016-615 111000... ,4) PLANNING COMMISSION 9TF� ,,,v SPECIAL MEETING AGENDA DECEMBER 6, 2016 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: 8. PUBLIC HEARINGS: (next Resolution No. PC-2016-615) A. Consider Resolution 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. Staff Recommendation: 1) Continue accepting public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2016- approving Conditional Use Permit No. 2003-05, subject to conditions of approval. (Staff: Joseph Fiss) All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517-6233. Special Planning Commission Meeting Agenda December 6, 2016 Page 2 9. DISCUSSION ITEMS: 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of October 25, 2016. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104; ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant II of the City of Moorpark and that an agenda of the Special Meeting of the Moorpark Planning Commission to be held on Tuesday, December 6, 2016, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on December 2, 2016, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 2, 2016. ( fiticlyiJ()c_tp%E e R. Figueroa, administrative Assistant II ITEM: 8.A. MOORPARK,CALIFORNIA Planning Commission of "Z .Cb. ;,C1to ACTION:A-p p rnvivrj t°)-1-11-1+ e r bywo 'i rl cl t]ih. AV 1 t''p 1-7r ',``) . f( 2n16-. h ) BY: �1t3t1VAT a_ MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission /1,,r)5 FROM: David A. Bobardt, Community Development Director Prepared by Joseph Fiss, Planning and Economic Development Manager DATE: November 29, 2016 (PC Special Meeting of December 6, 2016; Continued from August 25, 2009 with Public Hearing Open) SUBJECT: Consider Resolution 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 BACKGROUND Conditional Use Permit (CUP) No. 706 for a concrete batch plant at 13950 Princeton Avenue (formerly Los Angeles Avenue) was originally issued to Valleywide Ready Mixed Concrete Corporation on January 21, 1958 by the County of Ventura Board of Supervisors. This permit was transferred to Conejo Ready-Mixed Concrete, Inc. in 1973. Time extensions for the use were approved by the County in 1961, 1964, 1967 and 1981. In 1981, the Permit was extended through May 21, 1991. At the direction of the City Council, Minor Modification No. 4 was approved by the Community Development Director on April 13, 1992 for a ten-year time extension through May 21, 2001. The applicant submitted an application for Minor Modification No. 5 to CUP 705 on November 22, 2000 to extend the expiration date of the use consistent with the Community Development Department's practice at that time to allow modifications to permits for time extensions not expressly authorized in the project conditions of approval. This practice ceased in 2002 and the applicant was told that his application for a modification would be elevated to a new CUP, with review by the Planning Commission through a public hearing process. On May 2, 2008 the applicant amended the request to include permanent stockpiling and crushing of unused hardened concrete that can be used for road base, or re-mixed into new concrete on an approximately 3.5- acre area west of the existing driveway. 1 Honorable Planning Commission December 6, 2016 Page 2 A public hearing for this case was opened on June 23, 2009. One nearby homeowner expressed concerns about dust, crushing noise and traffic noise at this hearing. Because the applicant was unavailable for this meeting, the agenda item was continued with the hearing open to August 25, 2009. At the August, 25, 2009 meeting, the applicant raised concerns with the staff-recommended conditions of approval and requested additional time to study the conditions. Due to the extent and complexity of the concerns, staff concurred with the request and the Planning Commission took the agenda item off calendar with the public hearing still open, to be re-advertised when ready. During the time since this last meeting, the concrete batch plant continued to operate under the previous permit, and 22 separate temporary use permits were issued for nighttime operations, mostly related to the recent work on the U.S. 101 and S.R. 23 freeways. Staff has communicated with the applicant extensively to discuss the conditions, primarily related to the proposed decorative fencing and trail along the Arroyo Simi, contribution to improvements to Princeton Avenue and use of the expansion area, which is within the 100-year floodplain. Much of this time involved design work on the Princeton Avenue improvements in order to determine how the street widening would impact the National Ready Mixed site. Ultimately, the applicant has chosen not to proceed with the expansion of the project for stockpiling and crushing recycled concrete, as this area would not be usable for the proposed use during the rainy season (October 1 to April 15) without addressing the floodplain issues on this site. The Conditional Use Permit request is now for a continuation of operations on the existing approximately 6.5-acre site, with an expansion in hours of operation on Saturdays to be allowed to operate until 6:00 p.m., instead of 1:00 p.m. as in the previous permit. Recommended conditions of approval have been revised to reflect this scaled-back permit that is limited to a continuation of existing operations, with extended hours on Saturdays. DISCUSSION Project Setting Existing Site Conditions: An aerial photo and site plan are shown in Attachments 1 and 2. The National Ready Mixed Concrete Batch Plant is located on relatively level terrain on an approximately 6.5 acres located on the south side of Princeton Avenue between the State Route 118 overpass and Spring Road. Access to the site is provided along Princeton Avenue through a forty-foot wide driveway. The batch plant produces concrete from aggregate and cement raw materials. Although the site is entirely within the 100-year floodplain, and partially in the floodway (Attachment 3), buildings on the site are limited and no building expansion is proposed under the new CUP. General Plan and Zoning Consistency: The proposed use is consistent with the 1-2 (Medium Industrial) land use designation of the City's General Plan. A Conditional Use Permit is required for a concrete batch plant in the Limited Industrial (M-2) Zone. 2 Honorable Planning Commission December 6, 2016 Page 3 General Plan and Zoning Direction Zoning General Plan Land Use M-2 1-2 Site (Limited Industrial) (Medium Industrial)R-H Concrete Batch Plant North RE-lac (Rural High Single Family (Rural Exclusive) Residential)M-2 Dwellings South (Limited Industrial) 1-2 Arroyo Simi (Medium Industrial) M-2 1-2 East (Limited Industrial) (Medium Industrial) Industrial M-2 1-2 West (Limited Industrial) (Medium Industrial) Industrial Proposed Project Operations: National Ready Mixed provides services such as concrete manufacturing sales and delivery. Existing buildings and structures include a batch plant with a footprint of approximately 2,500 square feet, 642 square feet of offices, 3,200 square feet of shop/storage buildings, outside stockpile structures for raw materials, and a reclaimer which separates slurry water from reclaimed aggregates (water and sand). Raw materials are mixed on-site and poured into standard four-axle concrete trucks. Typically, 25 employees work on-site. The batch plant currently is allowed to operate between the hours of 5:30 a.m. to 6:00 p.m. on weekdays and 5:30 a.m. to 1:00 p.m. on Saturdays, per the conditions on the most recent permit, issued in 1992 (Attachment 4). The applicant has requested extending the hours on Saturdays to 6:00 p.m. as part of this permit. Truck Traffic: Truck activity to and from the site consists of the delivery of aggregate and cement raw materials, typically in five-axle trucks, and shipping of concrete from the site in four-axle concrete mixer trucks. The amount of truck varies considerably depending on the local market need for concrete. During peak development years, an average of 61 aggregate trucks travel to the site each day (92 during a peak day), originating from Fillmore, Sun Valley, and Palmdale. An average of 9 cement raw material trucks travel to the site each day (15 during a peak day), originating from Long Beach, Tehachapi, and Lebec. The raw materials are mixed on-site and poured into concrete mixer trucks. The average daily number of concrete mixer trucks during peak periods is 111 (167 during a peak day within those periods). The service area for the delivery of mixed concrete includes most of Ventura County as well as west Los Angeles County. Trucks traveling to and from the National Ready 3 Honorable Planning Commission December 6, 2016 Page 4 Mixed facility site typically utilize State Route 118 and State Route 23 via Princeton Avenue, east and west of the site. Aggregate from the Grimes Canyon area comes via Moorpark Avenue to Los Angeles Avenue to Spring Road to Princeton Avenue. Trucks are not permitted on High Street or Spring Road north of Princeton Avenue. No changes to the level of truck activity at the batch plant are being proposed from the current operation. Improvements to Princeton Avenue: Condition No. 57 of CUP-706 Minor Modification No. 4 (Attachment 4) required the applicant to bond for the future improvements to Princeton (formerly Los Angeles) Avenue if and when the City proceeds with the overall project to widen the street to four lanes. The City is moving forward with the Princeton Avenue widening project, which will straighten out some of the curves in the road, add a median for left turns, add bicycle lanes in both directions, and add an 8-foot wide sidewalk with 5 feet of landscaping on the south side. Princeton Avenue will still have two through lanes as the amount of projected traffic does not require a four-lane road as long as there is a left turn median so that trucks can turn left into the National Ready Mixed site without impeding through traffic. A cross section of the future widened street is shown in Attachment 5. Property from National Ready Mixed will be needed for street improvements along Princeton Avenue, including both right-of-way and a temporary construction easement. This will require relocation of some of the material stockpiles on the National Ready Mixed site. Recommended conditions have been updated to address the street widening project. This is further discussed in the Analysis section of this report. ANALYSIS The following areas of analysis have been identified with this project: • Walls and Landscaping • Noise • Dust • Road Improvements • Time Limit for Conditional Use Permit • Concrete Stockpiling and Crushing Walls and Landscaping: The existing frontage lacks a visual screening of the batch plant from Princeton Avenue. Previous conditions called for a solid decorative wall along Princeton Avenue, once the road widening is completed. This condition has been updated in the attached draft resolution as the current plans for the Princeton Avenue widening call for a retaining wall at the back of the right-of-way, dropping down to the project site between 2 and 15 feet from west to east. The City would be constructing a 6-foot high decorative block wall on top of this retaining wall, with 5 feet of landscaping between the sidewalk and wall. The applicant would be responsible for contributing $200,000.00 for the Princeton 4 Honorable Planning Commission December 6, 2016 Page 5 Avenue widening project improvements, which includes the wall along the property frontage. The applicant will also be responsible for either participating in a Landscape Maintenance District to maintain the landscaping in front of the site or maintaining the landscaping if a district is either not created or dissolved. A wall within the public right- of-way would be more effective at screening the batch plant operations than one on site, given the greater angle of view of the wall at this location from the sidewalk or street. Noise: Noise from the batch plant operations has been a concern for residents north of Princeton Avenue. Noise had been addressed in the previous permit by limiting hours of operation to 5:30 a.m. to 6:00 p.m. Monday through Friday, and 5:30 a.m. to 1:00 p.m. on Saturday (Attachment 4, Condition No. 27). Existing conditions also allow for the warming up of trucks beginning at 5:15 a.m., prohibit the delivery of material to the site before 6:00 a.m., allow up to 4 bulk cement and aggregate trucks outside of normal hours, and allow. The applicant is requesting an extension in Saturday hours to 6:00 p.m. A proposed condition in the attached resolution would allow for hours of operation between 5:30 a.m. and 6:00 p.m. Monday through Saturday, but would eliminate the current exceptions for warming up of trucks and cement and aggregate deliveries outside of normal hours. Repair and maintenance activities would not be able to begin until 7:00 a.m., and would only be allowed Monday through Friday. Dust: Conditions are recommended for the project to maintain a Ventura County Air Pollution Control District (APCD) permit and to submit a fugitive dust control plan for approval by the Public Works Director/City Engineer and Community Development Director that complies with APCD rules. Road Improvements: As mentioned earlier in this report, the applicant will be required to provide all land needed for Princeton Avenue Road Widening project, as well as contribute to a portion of the City costs associated with this project. This will require relocation of some of the material stockpiles on the project site. Conditions have been included to address this relocation. Time Limit for Conditional Use Permit: The time limit for this permit is recommended to be 20 years, with the Community Development Director having the ability to extend the term for another 10 years upon the written request of the applicant, payment of any fees or deposit required at the time, and reconfirmation of the findings and compliance with conditions of the CUP. The applicant or successor would need to request the extension at least six months prior to expiration. Concrete Stockpiling and Crushing: The applicant has removed their request to expand the project to include stockpiling and crushing of recycled concrete as a part of this permit, since the expansion area is in the 100-year floodplain and its use would be limited during the rainy season. Any consideration of temporary crushing or stockpiling would be subject to consideration of 5 Honorable Planning Commission December 6, 2016 Page 6 a separate Temporary Use Permit (TUP) to address its impacts. Two TUP's have been issued since 2006 to allow for this activity, one in 2007, and one in 2008, where the crushing activity has taken less than two weeks, and the crushed material is stockpiled for use in concrete. Time frames and hours of operation under these TUP's were limited. CONDITIONAL USE PERMIT FINDINGS 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. 6 Honorable Planning Commission December 6, 2016 Page 7 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Planning Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. The Director has reviewed this project and because it is a continuation of existing operations on the same site, has found it to be Categorically Exempt in accordance with Section 15301 (Class 1) of the California Code of Regulations (CEQA Guidelines) 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. No further environmental documentation is required. STAFF RECOMMENDATION 1. Continue accepting public testimony and close the public hearing. 2. Adopt Resolution No. PC-2016- approving Conditional Use Permit No. 2003- 05, subject to conditions of approval. ATTACHMENTS: 1. Aerial Photograph/Location Map 2. Site Plan 3. Flood Plain Exhibit 4. Resolution No. 92-836 5. Princeton Avenue Widening Cross Section 6. Draft PC Resolution with Conditions of Approval 7 Honorable Planning Commission December 6, 2016 Page 8 f ifift r' -J >. �. 4.. 3 ,,,,,.. - ., . AI.:4,- , . }' .•. r of F 71 3 . 4_.... tt � tigyp' F; av ,.'` p' .< .+; � 1a�10 : Ill i#t f �tt LL^ r � ',1,,, lam , '..,t f # X 'iti'' I il if i.1-- .9:'-', 'f�� �, r SI t ' .`t" - '$'$ --:7-1''?""i: ,.,,4k,::;!'4.1;' 7:' ::•;,:il .,. 1 / ''l .�'-. 41,„ - ,. ti +� {1W' p a9.— i iie �`. -% : mar 7l J ` , • r y _: AERIAL PHOTOGRAPH/LOCATION MAP PC ATTACHMENT 1 8 Honorable Planning Commission December 6, 2016 Page 9 ... ,i, , I . ,. . -„.. I; d sii \ i -- i tiz • P II t 1 \ t I .......--"--' . . .3 . . ii (1..{ 1. .. '.A,,, t, t \ , , I , ,, ' , \ ......„...---1\ , , ..-•_ ,,., ., % \\,\ , ,, ,, ik_,, _,. -.- .5 - ._,..— ,,,,\ \ \ \ . . . ,.. . . i., 11. \., \'.. i. -.I!.. 1-- . - - • P ' ' --A ' , %.,\, ‘ \ .,.,„ ___. - - .__LPT-., ,, ..„-p-1-14_ _,,..,__ ---2,,, - --- c-t--t--r.;- .• '77 ,9. a Ito g.Ae , ' , * ` ---- 't,‘,,, „ ,, ,,,, t . . , .. \ i: • pin \ri . \ \ 1'7 . ' '4/ H '''' il... 4, ' \\A; \ \ r----L doll '\ ..: „.. \ „: o, L\`'. V \ \ ', ,\ ... °‘T ' ' a 11 ' - \\,ia. 4,1::?\ 1,, di, ,', •\\\\a,\„,‘ ,,,,, i ..,,, ”. ,\". ---; r-1, f ,.....-- - • -, ,‘ \A\ , ss,\, I .....„-, ii\`,-4 ‘ ::•::\,..' ' ''''':;---1..-\\ ' .,' .\''. . \\.. \ '11 - gi \\ i ," • \ . : \ ' . '', fe%_-- :-N--- ' ,,2_,. ?. ',,\----, • t'g " 1:..-\'t. ', l• ' , , \.,..‘, •,,,, ,1/4._, . , 7 ' ,••• - * ' -> . ‘, „,,,,-- , . , = • - -- .-- • , ,,_•-,-.E.? \ !r: \‘,\ tz..\,,....4‘......) . . . ; It—VII- &‘4\ ' \1'' '....,r..• ' ,,: 1 , — . . 1 a ,—, ...- ' , , 3 I „. "°.!.! I' , \ 11 `, ,,,y: , . ;, , , \ 4 !,111 41 I, ,601 la OP l 1111 N‘ . •,-i z ilk iii 1,4111, 11 '10 11 .11 , • - "-t ' - c,-,- .\ N.,,, 1 cpc-,,, E lip N 1 iii,: k_ !p5. !ill, ;1 1 si$ ,i,hi 41 :,i ii,q 212 \ :'''-.N.' i . \ 1 e ,,,/ WI y :01111,01 ph pi„ills t , -,s.s,( _ , ..,.. ,, , ,I '. ' .),„.„ , ., ‘,, 1 10111.1 1 1,11m'Net,i!hie 1 :-.. --1F--%,_ ‘-‘. ,-„ , -1 a ,g ,e-, \--- ,. , .. bi,0 4..4 t,i,,,•i , , N. , ,J . . ,,..: .„' 1 , >',..• 4' Ul i 0,P.!iiR I HIM illi MI II i illfi; •rE **tt.,\, ,-" ....i-..--•..,- ,,------- \ . .,, ,'_,,.. ig ,, ri 1 •.,„ „, t . ›, ..,... .. , .... 1 „,.. . ..,1 1 1 ;I 1 II it 0 -,„ - 1 11 g `i tii/ h-, 411- 1.545 iliE gi2 10ki. 012 \ upilli 1-ial gt;21 4 Of 6q1 , 1.1111.11! g ill! IN 0 0,1 Oh OP _IP IP, !hi ..... g II' ii 11,1 R•tli•gilt-t}1..-1-Pp•.Pe i 1 li;i 1..dil 0 .! 0 I tf.•.,!eili 1.iit 6 ti 6=6..1 6.6 = ....... ,... SITE PLAN PC ATTACHMENT 2 9 e F Ilk ' i ': L _ 7- e P • = `'v'' , i• s N -.- IC K[ - b ryry _ - '1743'T �rCI3 '4- e. - _\I r. ,.Y ''.. .' -.:'7E--!.. ',41 F' . - 1 - '-' ''''-' ' '— -----.* i ; • 7 --e f'• `fir - , ' 7{ �' V -7, y? .*. it _ J , ti ••,'1'..; t, ,d :, .a - t6 M 2 y. 'ori , .ai ■ Li O t LLlikt 1".• r .. ,a i.. ' �4 Syr '.3 6 • .. } nae. l._.. j "� Z + '"� .< CD 1 NigH„:' ...__.__7 _. CL r� r . ter. LQ r ;ti 7 W • W 4 CD i C .6 ;fi. -Y /7� r a O (n _�/ f .;• r r. U ..�, 'i . d• 7. —, MI`g =1 i_.-._. .'—. I _ _ r . .fir. ` ,1 r, tt , ''4 to C '.`�`' ~ ,r J. �'.r 7x 7 �^ i p }try.. t. �y v d Y__. - x , Y a ., - 7 .any fl S i -, .. — is. 0 RESOLUTION NO. 92-836 CA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING APPROVAL OF MINOR MODIFICATION NO. 4 CONDITIONAL USE PERMIT NUMBER (CUP) NUMBER 706 CONEJO READY MIX, INCORPORATED (APN NUMBER: 512-0-160- 755. ) WHEREAS, at a duly noticed public hearing on September 18, 1991, October 16, 1991, December 18, 1991, and February 19, 1992 the City Council considered the application filed by Conejo Ready Mix, Incorporated, requesting approval of Minor Modification No. 4 to Conditional Use Permit Number 706 to continue operations for an additional 10-year period to expire on May 21, 2001. The CUP request is to continue the existing sale, manufacture and delivery of concrete materials on the 6.57 acre parcel located at 13950 Los Angeles Avenue, which is 0.4 miles east of the corner of High Street, Los Angeles Avenue, and Spring Road. The Assessor's Parcel Number is 512-0-160-755. WHEREAS, at its October 16, 1991 City Council meeting the Council opened and left open the public hearing, received testimony from all those wishing to testify and closed the public hearing on February 19, 1992; and 1WHEREAS, After review and consideration of the information contained in the Staff Reports dated August 7, 1991, September 18, 1991, October 16, 1991, December 18, 1991, and February 19, 1992, the City Council has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1 . That the City Council adopted the findings contained within the February 19, 1992 Staff Report which is incorporated herein by reference as though fully set forth. SECTION 2. Pursuant to the California Environmental Quality Act provisions, the Council finds this project Categorically Exempt from CEQA requirements based upon Class One, Section 15301 (d) exemption status; and SECTION 3 . That the Council finds the proposed project consistent with the City's General Plan. PC ATTACHMENT 4 11 SECTION 4. That the City Council conditionally approves the following: a. Conditional Use Permit Number 706, Minor Modification Number 4 with the conditions as modified by the City Council at its 2-19-92 City Council meeting. PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF MARCH, 1992 Pau W. wrason, Jr. Mayor ATTEST: - _ , 7 - 4t • Lillian E. Kel erman 10, .7. City Clerk 1 /7 `' ^ J � o Ep J J- A:3-4RESOL.CC 12 MOORPARK :~ „• 799 Moorpark Avenue Moorpark, California 93021 (805)529-6864 .ov` .4 •per.-JN STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 42-836 was adopted by the City Council of the City of Moorpark at a meeting held on the 4th day of MARCH , 1992, and that the same was adopted by the fo._lowing vote: AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, TALLEY AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER WOZNIAK ABSTAIN: NONE WITNESS my hand -and the official seal of said City this 10th day of MARCH _ _, 1992. — Lillian E. Ke le man City Clerk (0- 11111101Pn't1r, • w C w, G w PAUL W LAWRASON JR JOHN E WOlNIAK SCOrT MON TGC'MF fly RERNARDO M F'F I f l HOY E TALLEY JR '•1a„Or may), Pro -em ;,Ounc"pmb••r Cc,unCom..mtw'r Counciimemoer Pr r!ed On Rec yc P7 n,,�,,. 13 Resolution No. 92-836 CUP-706, Minor Modification No. 4 Conejo Ready Mix, Incorporated 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, are null and void. All previous conditions of the CUP-706 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 theremaining 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 3 14 Resolution No. 92-836 CUP-706, Minor Modification No. 4 Conejo Ready Mix, Incorporated 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. 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 4 15 Resolution No. 92-836 CUP-706, Minor Modification No. 4 Conejo Ready Mix, Incorporated landscaping shall be approved by the Director of Community Development. This wall shall be constructed after roadway improvements on Los Angeles Avenue are completed. 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) , 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 %he defense of any such claim, action or proceeding if both of the following occurs: 16 Resolution No. 92-836 CUP-706, Minor Modification No. 4 Conejo Ready Mix, Incorporated The City bears its own attorney fees and costs The City defends the claim, action or proceeding in good faith. 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 existing at the time of approval of this Minor Modification including concrete batch plant footprint, to support the' City'scurrent 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 gross floor area of buildings existing at the time of approval of this Minor Modification. 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 plant 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 cif Community Development. The Director of Community Development, may, through a public 6 17 • Resolution No. 92-836 CUP-706, Minor Modification No. 4 Conejo Ready Mix, Incorporated 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. A $10,000 surety shall be maintained with the Department of Community Development at all times during the term 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. 26 a. 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 in an amount not to exceed $403. 20. b. The applicant shall pay all outstanding case processing (Planning and Engineering) , and all City legal service costs prior to issuance of the Minor Modification in an amount not to exceed $15,000.00. 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. The start-up and departure of a total of four (4) bulk cement and aggregate trucks shall be permitted outside of normal hours of daily operation. Should applicant receive a materials supply agreement to provide, concrete for a public works contract for highway, road, or other construction that takes place beyond the normal hours of operation specified above, applicant shall provide written notice to the Director of Community Development 72 hours prior to such operation. Hours of operation restrictions shall be waived in case of emergency work necessitated by imminent danger to property, health, or human life. 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. 7 18 Resolution No. 92-836 CUP-706, Minor Modification No. 4 Conejo Ready Mix, Incorporated 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. 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. 35. 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. L- 8 19 Resolution No. 92-836 CUP-706, Minor Modification No. 4 Conejo Ready Mix, Incorporated CONTROL OF DUST CONDITIONS OF APPROVAL: 36. 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 least three inches thick or concrete at least six inches thick as approved by the City Engineer. 37. 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: 38. 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. 39. 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. 40. 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. 41. 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 Nc 55. 42 . Sixty days (60) days after receiving written notice by the City regarding the completion of roadway improvements per conditions No. 42 and 55 on I,os Angeles Avenue, Conejo Ready Mix, Inc. shall install landscaping in the public right-of-way along Conejo Ready Mix, Ing- . s entire property frontage. 9 20 Resolution No. 92-836 (\ CUP-706, Minor Modification No. 4 Conejo Ready Mix, Incorporated Landscaping shall commence only after Conejo Ready Mix, Inc. receives written notice from the City that the Los Angeles Avenue roadway widening is complete. 43. Continued landscape maintenance 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 City inspector, within two weeks after notification. 44. 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: 45. 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. 46. That disposal of all potentially hazardous wastes 'shall be by a means approved by the Ventura County Environmental Health Division. 47. That adequate sewage disposal shall be provided in accordance with the requirements of the Environmental Health Division. 48. 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: 49. 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. 50. 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 10 21 Resolution No. 92-836 CUP-706, Minor Modification No. 4 Conejo Ready Mix, Incorporated 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 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, at its election, 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 from 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, but in no case shall applicant be required to restore the site beyond the conditions existing in 1967) . 51. 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 '; Administrative, Engineering, 11 22 Resolution No. 92-836 CUP-706, Minor Modification No. 4 Conejo Ready Mix, Incorporated Legal, Planning and other staff related to FEMA revisions required by mitigation measures performed on the applicants' site. 52. 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. 53. 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 accomplishedthen the applicant shall immediately return to the Community Development Director in order for the City to establish the appropriate agencies recommendation to abide by. 54. If, for any reason, City is not deemed to be a successor in interest to the 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, then applicant shall make the same irrevocable offer to the City subject to the County quit-claiming its interest in the original offer. 55. 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 ) 12 23 Resolution No. 92-636 CUP-706, Minor Modification No. 4 Conejo Ready Mix, Incorporated 56. 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. 57. 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: 58. 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. 59. 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. • 13 24 Notice of Exemption - -- - - - _ Appendix To: X ..• F roan: i' tth \ cr.c:+ The City oi_ Moorpark ,alb`,-,h S::: 1 1.: 199 Moorpark Avenue <�.C:: l(loo- - — ----��,,rriSs: ark CA 93021 C - - - - C.__.. V e::z .r a 800 South V.,:toria Avenue Ventura, CA 93009 _ _ > •� Project Title: Conditional Use Permit (CUP) 706, Minor Modification No. 4 Project Location-Specific: 13950 Los Angeles Avenue Moorpark CA 93021 Project Location-City: Moorpark Project Location-County: Ventura Description of Project: Continued operation of concrete manufacturing sales and delivery for an additional ten (10) year period- Name of Public Agency Approving Project: City of Moorpark ` Name of Person or Agency Carrying Out Project: City of Moorpark Exempt Status: (check one) ❑Ministerial(Sec.21080(b)(i): 15:63): Declared Emergency(Sec.21080(b)(3): 15269(a)): Emergency Project(Sec 21C0(b)(4k 15269(b)(c)): Categorical Exemption_Stale type a.-3section:umter Class One, Section 15301(d) Q Stawtory Exemptions.State code number. Reasons why project Is exempt: Please see attached Lead Agency Contact Person:Kathleen Mallory-Phipps ,krea Code/Telephone/Extension: (805) 529-6864 If filed by applicant: t.Attach rer.:fie.d documc:t cf exempt;:n findinc. 2. Has a notice of exemption then filed by the put:ic accnci approving the project? ®Yes 0 No Signature: & . / of a - _. , Date: �- a-j- 79_ Title: Associate Planner Kathleen Mallory 45. L. ittSi_aca. b?!.e:i Apn: • Dam nr::v:•_' for i!inc at OPR: • Reti.scd 0c:ober !CF: 25 . ,.i::CT EXEMPTION rTATEMEN'I' • ,, E'EGORICAL EXEMP::ON: Class One, Section 15301 (d) /el/ . CUP-706, Nino:. Modification No 4 11.2 Department of Community Development has reviewed the project to ,c:;:ertain if there will be a significant effect on the environment. has been determined that this project is categorically exempt ::om CEQA requirements as a Class 1 , Section 15301 (d) exemption c)r the following reason(s) : . The approved project represents restoration and rehabilitation of flood channels, on the southern portion of the project site, in order to meet current environmental standards for public health and safety and does not require expansion of the use beyond that which was previously existing. • • A:CUPexem. frm 26 Princeton cross section in front of NRM MAY 2016.pdf Looking to the east hill N'LY S'LY NR R/W ss /W r ' .I _ 53' 40' I +sTCy 26' 27' 27' 8' 5' I 7/-1 /7-4/ L 5' 5' z,7 ow F © .........---6' SCREEN WALL �qk om �w WALL -GUTTER LA a_ 27 J-' 2q, 59 g% r ,____........."-FG WITHOUT RETAINING WALL RETAINING OR SLOUGH WALL r LR). RDoa 2'r (LOCATIONS �� Mqk PER PLAN) O 0 RETAINING WALL 2' BENCH (LOCATIONS PER ?'> PLAN)- ►j 4 FG WITH PRINCETON AVENUE — TYPICAL STREET SECTION. RETAINING WALL STA. 4+92.59 - STA. 14+17.94 NOT TO SCALE 1 7' center i 2' travel w" bike 27' half , f roa, ay PC ATTACHMENT 5 27 RESOLUTION NO. PC-2016- 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: 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 PC ATTACHMENT 6 28 Resolution No. PC-2016- Page 2 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. 29 Resolution No. PC-2016- 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: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 6th day of December, 2016. Mark Di Cecco, Chair David A. Bobardt Community Development Director Exhibit A— Conditions of Approval Exhibit B — Right-of-Way and Construction Easement Dedication 30 Resolution No. PC-2016- Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) NO. 2003-05 1. 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. 2. The hours of operation for the facility are limited to between 5:30 a.m. and 6:00 p.m. Monday through Saturday. 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. 3. 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. 4. 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 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. 5. 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 31 Resolution No. PC-2016- Page 5 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. 6. 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). 7. 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 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. 8. 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. 9. 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. 10. 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 32 Resolution No. PC-2016- Page 6 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. 11. 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. 12. 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. 13. Development of the westerly 3.46 acre portion of the site is not a part of this approval. 14. 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. 15. 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. 16. 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). 17. 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. 18. 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. 19. 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 the approval of this Conditional Use Permit, landscaping and irrigation plans shall be submitted to the City for review and approval. All landscaping shall be installed within ninety (90) days of approval of approval of this Conditional Use Permit. 20. 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. 33 Resolution No. PC-2016- Page 7 21. 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. 22. No noxious odors may be generated from any use on the subject site. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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: 28. 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 > 34 Resolution No. PC-2016- Page 8111 QF�g._ 7 i 5566 oR g11 (or�5 / 0, , 40 \c,"\c),:\ \c,"c\(t /.444%." 4- G 4414.,0' �. GOA OJ G��'��J `�+���t14. �'Y p'{ \' 4•04,1,•'•w1•.•�`` Rte, '�•,�••f•e AL �/ � . 040r9-\ R-5 ta CV-k- P O o. : P PR '95) �O �� G' ay%M SC G 054 • Q �,�,`, GOP40J f1 0 /, �,1i , ``� `gyp' 44 . 4 Atli /4"► *, ,1� i ' ss*' \ \ I SCALE: 1"=100' ,., 0 100 200 300 ��.i�`� Q P�'\�'"5 ���������� ROAD RIGHT-OF-WAY // I! O�1 (20,403 SQ. FT.) n iti ,tor 7 ‘q TEMPORARY CO RUCTION 7\5"2 p' \ EASEMENT (24,115T SQ. FT.) > A EXHIBIT B RIGHT-OF-WAY AND CONSTRUCTION EASEMENT DEDICATION 2/8/2010 WO 18305.01 18305LEGL-100SCALE.dwg APN 512-0-160-635 & 755 35 MOORPARK,CALIFORNIA Planning Commission of J2.. nt, . 2 I & ITEM 10.A. ACTION: Ap pro vert Stuff- AtztornyfflprirriimtmiNuTEs OF THE PLANNING COMMISSION BY:e. `yMoorpark. California October 25,2016 A Regular Meeting of the Planning Commission of the City of Moorpark was held on October 25, 2016, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Di Cecco called the meeting to order at 7:05 p.m. 2. PLEDGE OF ALLEGIANCE: Freddy A. Carrillo, Associate Planner I, led the Pledge of Allegiance. 3. ROLL CALL: Present: Commissioners Aquino, Groff, Hamous, Vice Chair Landis, and Chair Di Cecco. Absent: None. Staff Present: David Bobardt, Community Development Director; Freddy A. Carrillo, Associate Planner I; and Joyce Figueroa, Administrative Assistant II. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) None. 36 Minutes of the Planning Commission Moorpark, California Page 2 October 25, 2016 8. PUBLIC HEARINGS: (next Resolution No. PC-2016-613) A. Consider a Resolution Recommending Approval of Commercial Planned Development Permit No. 2016-01 and Conditional Use Permit No. 2016- 04 for the Construction and Operation of a New Two-Story Food Market, Restaurant with Alcoholic Beverage Sales, Banquet Room, Commercial Kitchen, and Microbrewery Totaling 16,734 Square Feet on 1.02 Acres at 44 High Street, and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Sean Rasmussen, Wade Weissman Architecture, for Apricot Lane Market Holdings LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2016-613 recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2016-01 and Conditional Use Permit No. 2016-04. (Staff: Freddy Carrillo) Mr. Carrillo gave the staff report. A discussion followed among the Commissioners and staff, which focused on the height and signage on the chimney; parking requirements and codes for High Street; and suggestion of a cross walk similar to the lit cross walk on Moorpark Avenue and Second Street. Chair Di Cecco opened the public hearing. Sean Rasmussen, Wade Weissmann Architecture, for Apricot Lane Market Holdings LLC, discussed the project and bringing the farm experience down to High Street. John Chester, Apricot Lane Farms, discussed the project and presented a film of the background of the farm. Mr. Chester stated he is excited to make this farm work and build a community around the idea of food. Hugh Riley, High Streets Art Center (HSAC), spoke in support of the project and stated he is enthusiastic about this project and is pledging to work with Apricot Farms to manage the patron dynamic and parking. A discussion followed among the Commissioners and Mr. Riley regarding the High Street Arts Center (HSAC) considering exploring valet parking. Linda Rummelhoff, State Farm Agent, spoke in support of the project and stated she is looking forward to Apricot Farms Market and what the project can do for the downtown area revitalization. Joan Martinez, Cactus Patch Restaurant, owner, spoke in support of the project and commended the applicant on the proposed project. 37 Minutes of the Planning Commission Moorpark, California Page 3 October 25, 2016 In response to Chair Di Cecco, Mr. Bobardt summarized one Written Statement Card, in favor of the project and that it would be a wonderful addition to High Street. Chair Di Cecco closed the public hearing. A discussion followed among the Commissioners regarding their concern and preference for parking. The Commissioners agreed that this is a well thought out project that captures the essence of old-town feel on High Street, and support the project. MOTION: Vice Chair Landis moved and Commissioner Hamous seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2016-613. The motion carried by unanimous voice vote. The City Council has final approval authority for this item. B. Consider Resolution Recommending to the City Council Approval of General Plan Amendment 2016-02 to Include the 2015 Ventura County Multi-Hazard Mitigation Plan as Part of the Safety Element and Finding of Exemption from the California Environmental Quality Act in Connection Therewith. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2016-614 recommending to the City Council conditional approval of General Plan Amendment No. 2016-02. (Staff: David Bobardt) Mr. Bobardt gave the staff report. A discussion followed among the Commissioners and staff regarding Stamp Page 185, Table J10, No. MP 2, Neighborhood and Business Watch Programs and No. MP3, new fire station by Moorpark College. Chair Di Cecco opened the public hearing. There were no speakers. Chair Di Cecco closed the public hearing. MOTION: Commissioner Groff moved and Commissioner Aquino seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2016-614. The motion carried by unanimous voice vote. The City Council has final approval authority for this item. 38 Minutes of the Planning Commission Moorpark, California Page 4 October 25, 2016 9. DISCUSSION ITEMS: None. 10. CONSENT CALENDAR: MOTION: Commissioner Hamous moved and Chair Di Cecco seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. A. Consider Approval of the Regular Meeting Minutes of September 27, 2016. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Vice Chair Landis moved and Commissioner Groff seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 8:15 p.m. Mark Di Cecco, Chair David A. Bobardt, Community Development Director 39