HomeMy WebLinkAboutAGENDA REPORT 1991 0501 CC REG ITEM 08CITEM
MOORPARK
799 Moorpark Avenue Moorpark, California 9302YYI1yCo tP"rW64
of f 1991
ACTION:
M E M O R A N D U M
TO: The Honorable City Council BYE L!! � 1 ff
FROM: Patrick J. Richards, Director of Community Development
DATE: April 25, 1991 (CC Meeting of 5 -1 -91)
SUBJECT: CONDITIONAL USE PERMIT NO. 706 MINOR MODIFICATION NO. 2
(APPLICANT: CONEJO READY MIX, INC.)
Background
Conditional Use Permit (CUP) No. 706 was originally issued to
Valleywide Ready Mix Concrete Corporation on January 21, 1958 by
the County of Ventura Board of Supervisors. In 1973, the permit
was transferred to Conejo Ready Mix, Inc. Time limit extensions
were approved for CUP No. 706 in 1961, 1964, 1967, and 1981 by the
County of Ventura. A Minor Modification to CUP No. 706 was
approved by the City of Moorpark in 1984 to change the location of
a storage building on the site and to modify the construction
materials for that building.
The 1981 Modification to CUP No. 706 extended the permit through
May 21, 1991. The conditions approved by the County in 1981 are
attached. Condition No. 4 allows the permittee to file for, and
the Planning Director to approve, a Minor Modification to extend
the CUP for one additional ten -year period ending May 21, 2001,
provided that full compliance with all conditions has been
accomplished and that the uses authorized by the permit will remain
compatible to the properties in the general area for the duration
of the additional ten -year period.
Discussion
An application for a Minor Modification to CUP No. 706, to extend
the permit time limit for an additional ten -year period, was
received by the City of Moorpark on November 16, 1990. On December
13, 1990, staff determined the application to be incomplete until
a hydrology study was completed to the satisfaction of the Ventura
County Flood Control District. The Flood Control District had
identified in telephone conversations prior to December 13, and in
a letter to the City of Moorpark dated December 20, 1990, that a
hydrology study was needed because the Conejo Ready Mix facility
had been modified since it came into operation through
..activities such as dumping of waste concrete, illegal
and other actions...,, The Flood Control District was concerned
onof the
that these activities may have reduced the channel capacity of the
Arroyo Simi and raised water surface elevations on adjacent parcels.
PAUL W.LAWRASON JR. BERNARDO M.PEREZ SCOTT MONTGOMERY
Mayor ROY E. TALLEY JR JOHN E. WOZNIAK
Mayor Pro Tem Coun: imember Councilmember
Councilmember
The Honorable City Council
April 25, 1991
Page 2
Metcalf and Eddy, a private consulting firm, has been hired by
Conejo Ready Mix, Inc., to complete a hydrology study to the
satisfaction of Ventura County Flood Control District and the City
Engineer. The District has requested extensive testing to
calculate whether a 100 -year flood would pond water above the
railroad bridge, over the Conejo Ready Mix property. The hydrology
study has not yet been completed to the satisfaction of the Ventura
County Flood Control District.
Because CUP No. 706 will expire on May 21, 1991, Conejo Ready Mix,
Inc., has requested a 90 -day extension of their permit to allow
continued operation of their business pending completion of the
hydrology study and Director of Community Development /City Council
consideration of their application for a ten -year extension of the
CUP from May 21, 1991, to May 21, 2001 (see attached letter). The
requested 90 -day permit extension would change the expiration date
of CUP No. 706 from May 21 to August 19, 1991. During this 90 -day
time period, staff intends to bring Conejo's Minor Modification
application for an extension of their CUP through May 21, 2001,
back to the City Council for discussion prior to approval.
Staff is in favor of the temporary, 90 -day extension, because this
will avoid a situation similar to that of the Blue Star Mining
Operation. Blue Star's CUP expired, and that mining operation has
been operating without a permit and without compliance with
original conditions of approval, while the County of Ventura is
processing a permit extension application. The County has been
involved in lawsuits because Blue Star is continuing to operate
without a valid permit.
Community Development Director's Action
The Director of Community Development has reviewed the requested
Minor Modification to allow a 90 -day extension of CUP -706 from May
21 to August 19, 1991, and intends to approve this request.
Pursuant to Resolution No. CC -88 -523, the Director has the
authority to approve Minor Modifications. This matter is being
presented to the City Council as a courtesy. Should the Council
desire to appeal the Director's decision, a public hearing date
should be scheduled prior to May 15, 1991. The next available
public hearing date would be the Council's regular meeting of June
5, 1991. If the Council takes no action on this Minor
Modification, then the Director's decision stands.
Recommendation
Receive and file the report.
Attachments:
CUP -706 1981 Conditions of Approval
Letter from Applicant "s Attorney dated 4 -9 -91
PJR /DST
3
CASE NO.: CUP -706 APPLICANT: Conejo Ready Mix Inc.
RESOLUTION NO.: 81 -33 PAGE NO.: . Three
DATE: May 21, 1981
PLANNING DIVISION CONDITIONS:
1. That the permit is granted for a concrete batch plant and accessory
buildings as described in: a) the application dated January 7, 1981, and
any attachment thereto; b) the project description contained in the
environmental document for the subject permit; and c) as shown on the
plot plan(s) labeled Exhibit "E", except or unless indicated otherwise
herein. All previous Planning Division permits on this site are null and
void.
2. That the operation of 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) 600 square foot office building, and one (1) 4,800
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 plot
plan(s) labeled Exhibit "E ", except or unless indicated otherwise herein.
4. That the permit is granted for a period of time of ten (10) years, ending
May 21, 1991. That at the end of this ten year period, and following the
filing of a Minor Modification application by the permittee, the Planning
Director will be authorized to review and continue this conditional use
permit for one additional ten (10) year period ending May 21, 2001,
providing that full compliance with all conditions has been accomplished
and that the uses authorized by this permit will remain compatible to the
properties in the general area for the duration of the additional ten year
period.
S. That by November 21, 1990, six months prior to the initial expiration of
this permit, the permittee shall submit a Minor Modification application
pursuant to Condition No. 4 if he wishes an extension of this permit
considered. Upon such timely filing of said application, this permit will
continue in full force until the renewal request is acted upon and all
administrative appeals are determined. That by May 21, 2000, one (1)
year prior to the expiration of this permit, the permittee shall submit a
Major Modification application to the Planning Division if he wishes an
extension of this permit considered. Upon such timely filing of a Major
Modification application, this permit shall continue in force until the
request is acted upon and all administrative appeals are determined.
6. That the permit shall expire when the use for which it is granted is
discontinued for a period of 365 consecutive days or more.
7. That upon expiration of this permit, or abandonment of the use, the
premises shall be restored by the permittee to the conditions existing prior
to the issuance of the permit, as nearly as practicable.
8. That any minor changes may be approved by the Planning Director upon
the filing of a Minor Modification application, but any major changes will
require the filing of a Major Modification application to be considered by
the Planning Commission.
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, and County authorities, and all such
requirements and enactments shall by reference become conditions of this
permit.
10. 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 of rules apply, the stricter ones shall take precedence.
11. That if any of the conditions or limitations of this Conditional Use Permit
are heid to be invalid, that holding shall not invalidate any of the
remaining conditions or limitations set forth.
12. That prior to construction, a Zone Clearance shall be obtained from the
Planning Di ✓isicn ar'd a Building Permit shall be obtained from the Building
any _ rat; Di,,s
c
CASE NO.: CUP -706
RESOLUTION NO.: 81 -33
DATE: May 21, 1981
If " 4'
APPLICANT: Conejo Ready Mix Inc.
PAGE NO.: I Four
13. That the site shall be landscaped as shown on the Landscape Plan labeled
Exhibit "D ". Continued landscape maintenance shall be subject to
periodic inspection by the County. The permittee shall be required to
remedy any defects in ground maintenance, as indicated by the County
inspector, within two weeks after notification.
14. That trash disposal areas shall be screened with a six (6) foot high solid
fence or wall enclosure. Final design of said enclosure shall be subject to
the approval of the Planning Director.
15.
That the property for which this permit is granted shall be completely
surrounded by a two (2) inch mesh chain link fence constructed to a
height of
not less than six (6) feet and containing no openings except
those actually required for ingress
and egress, as shown on the plot
plan(s) labeled Exhibit "E", and as authorized by this
-
permit; and that a
gate or gates made of the same material as the fence shall be provided for
each opening permitted, and that such gate or gates shall be kept closed
and locked during hours of nonoperation.
That portion of the fence facing
public streets
-
shall be opaque subject to the approval of the Planning
Director.
16.
That all parking and storage shall be within the perimeter fence.
17.
-•,_ ,_. .. -
That there be no stockpiling of aggregate or any construction within
Arroyo Simi.
��
- _ 18.
That within ninety (90) days of approval of this permit, vehicle storage
-
areas shall be surfaced with a dust -free material and shall afterwards be
maintained continuously in a dust -free condition.
19.
That the subject development shall provide
which sufficient offstreet parking
meets the requirements of Ordinance Code Article 41, Section
8161- 2.4.1.
20.
That no parking space 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 and shall be suitably marked, outlining
individual parking spaces and traffic flow.
_ 21.
That all required yards, fences, parking areas, storage areas, operations
yards, and
other open uses on the site shall be maintained in a neat and
orderly manner at all times.
- - 22.
_
That signs are subject to Ventura County Ordinance Code, Article 24,
Sign Ordinance.
_ -_ 23.
That no later than ten (10) days after any change of property
ownership
or of lessee(s) or operator(s) of the subject use, there shall be filed 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.
24.
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.
25.
That the permittee agrees as a condition of issuance (or renewal) and
use
of this permit to defend at his sole expense
any action brought against the
County because of issuance (or
renewal) of this permit or, in the
alternative, to relinquish this permit. Permittee
will reimburse the County
for any court costs and /or attorney's fees which the County may
be
required by a court to pay as a result of any such action. County may,
its
at sole discretion, participate in the defense of any such action, but
such
l
participation >hall riot relieve permittee of his obligations under this
condition.
26.
That permittee's acceptance of this permit and /or commencement of
construction and /or
operations under this permit shall be deemed to be
acceptance by
per*uttee of all conditions of this permit.
CASE NO.: CUP -706
RESOLUTION NO.: 81 -33
DATE: May 21, 1981
5
APPLICANT: Conejo Ready Mix Inc.
PAGE NO.: Five
ENVIRONMENTAL HEALTH DIVISION CONDITIONS:
27. That disposal of all potentially hazardous wastes shall be by a means
approved by the Ventura County Environmental Health Division.
28. That adequate sanitary facilities shall be provided in accordance with the
requirements of the Environmental Health Division.
29. That an adequate, safe, potable supply of water shall be provided
for the occupants and users of these facilities.
30. That cross - connection control devices shall be installed on the water
system in accordance with the requirements of the Ventura County
Environmental Health Division.
31. That in order to protect the public safety and prevent groundwater
pollution, any abandoned wells on the property shall be destroyed in
accordance with the Ventura County Well Ordinance.
AIR POLLUTION CONTROL DISTRICT (APCD) CONDITIONS:
32. That facilities shall be constructed and operated in accordance with the
Rules and Regulations of the Ventura County Air Pollution Control
District. An Authority to Construct shall be obtained for all equipment
subject to permit prior to construction.
33. That operations shall be conducted consistent with APCD Rules 50
(Opacity) and 51 (Nuisance).
FIRE DEPARTMENT CONDITIONS:
34. That access roads shall be installed with an all- weather surface, suitable
for access by fire department apparatus.
35. That all drives shall have a minimum vertical clearance of 13 feet 6 inches
(13'6").
36. That prior to construction, the applicant shall submit plans to the Ventura
County Bureau of Fire Prevention for the approval of the location of fire
hydrants. Existing hydrants within 300' of the development shall be
shown on said plans.
r
37. That fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standards of the County
Water Works Manual.
a. Each hydrant shall be a 6 inch wet barrel design, and shall have
one 4" and one 21-, inch outlet(s).
b. The required fire flow shall be achieved at no less than 20 psi
residual pressure.
C. Fire hydrants shall be spaced 300 feet on center, and so located
that no structure will be farther than 150 feet from any one
hydrant.
d. Fire hydrants shall be 24" on center, recessed in from the curb
facie.
38. That the minimum fire flow required is determined by the type of building
construction, proximity to other structures, fire walls, and fire protection
devices provided, as specified by the I.S.O. Guide for Determining
Required Fire Flow. Given the present plans and information, the
required fire flow is approximately 2000 gallons per minute. The applicant
shall verify that the water purveyor can provide the required quantity at
the project.
39. That all grass or brush exposing any structures shall be cleared for a
distance of 100 'eet according to the Ventura County Weed Abatement
Ordinance.
CASE NO.: CUP -706 APPLICANT: Conejo Ready Mix Inc.
RESOLUTION NO.: 81 -33 PAGE NO.: Six
DATE: May 21, 1981
40. That address numbers, a minimum of 6 inches high, shall be installed prior
to occupancy, shall be of contrasting color to the background, and shall
be readily visible at night. Where structures are set back more than 250
feet from the street, larger numbers will be required so that they are
distinguishable from the street.
41. That building plans of all "H" occupancies shall be submitted to the
Ventura County Bureau of Fire Prevention for review.
^ - 42. That fire extinguishers shall be installed in accordance with National Fire
Protection Association Pamphlet #10. The placement of extinguishers shall
be reviewed by the Fire Prevention Bureau.
< -- - -_ - 43. That if any building(s) are to be protected by an automatic sprinkler
system, plans shall be submitted with payment for plan check to the
Ventura County Bureau of Fire Prevention for review.
COUNTY SHERIFF DEPARTMENT CONDITIONS:
44. That adequate crime prevention measures be taken to assure maximum
protection from burglary. These measures include but are not limited to:
_ adequate lighting; security doors, locks, and windows; and clearly visible
entrances on the offices and shops.
_ PUBLIC WORKS AGENCY CONDITIONS:
- - _ 45. That prior to issuance of a zone clearance, the applicant shall offer for
dedication to Ventura County: (1) a road and slope easement 64 feet wide
along the entire frontage of the CUP site; (2) a flood control easement in
accordance with the Corps of Engineers' right of way requirements for the
Arroyo Simi to the Ventura County Flood Control District; and (3) a
- flowage easement for that portion of the site subject to flooding. The
offers shall be accomplished by submitting legal descriptions to the Public
Works Agency for review and approval.
46. That the Ventura County Building and Safety shall coordinate all flood
proofing of new structures with the Ventura County Flood Control District.
47. That ingress and egress shall be restricted to one location on Los Angeles
- _ Avenue. The entrance shall be improved in accordance with Plate E -6 of
the Ventura County Road Standards within 90 days after approval.
_ SW:sP78j
SHEPPARD, MULLIN, RICHTER & HAMPTON
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
ORANGE COUNTY OFFICE
SEVENTH FLOOR
4695 MAcARTHUR COURT
NEWPORT BEACH, CALIFORNIA 92660
(714) 752 -6400
WRITER'S DIRECT DIAL NUMBER
(213) 617 -5489
ATTORNEYS AT LAW
FORTY - EIGHTH FLOOR
333 SOUTH HOPE STREET
LOS ANGELES, CALIFORNIA 90071
TELEPHONE (213) 620 -1780
FACSIMILE (213) 620 -1396
CABLE SHEPLAW
TELEX. 19 -4424
RECEIVED
APR
SAN FRANCISCO OFFICE
SEVENTEENTH FLOOR
FOUR EMBARCADERO CENTER
SAN FRANCISCO, CALIFORNIA 94111
(4151 434 -4914
SAN DIEGO OFFICE
NINETEENTH FLOOR
501 WEST BROADWAY
SAN DIEGO, CALIFORNIA 92101 -3505
(619) 338 -6500
OUR FILE NUMBER
April 9, 1991
CHA -42876
City of Moorpark
799 Moorpark Avenue
Moorpark, California
Attention: Debrah S. Traffenstedt,
Senior Planner
Re: Application for Ninety Day Extension
of Conditional Use Permit No. CUP -706
For Conejo Ready Mix Inc
Dear Ms. Traffenstedt:
Please accept this letter as Conejo Ready Mix, Inc.'s
application for a "minor modification" to its Conditional Use
Permit No. CUP -706 ( "CUP "). Conejo applies to extend the CUP
for a period of ninety (90) days pending resolution of possible
condition requirements suggested by the Ventura County Flood
Control District ( "District "). As you know, Conejo's CUP will
expire on May 21, 1991. For the reasons set forth below, it is
not possible to resolve all issues raised by the District prior
to its expiration. Accordingly, Conejo seeks this ninety day
extension.
Factual Background
On November 16, 1990, Conejo Ready Mix, Inc. filed an
application for Minor Modification to its CUP to extend it for
ten years. By letter dated December 13, 1990 you informed
Conejo that the City of Moorpark determined Conejo's
application to be "incomplete" pending a determination by the
District whether a hydraulic study was necessary. Since
Conejo's application is deemed "incomplete ", Moorpark has yet
to act on Conejo's application for minor modification. The CUP
will expire May 21, 1991.
i
SHEPPARD, MULLIN. RICHTER & HAMPTON
City of Moorpark
April 9, 1991
Page 2
Conejo Ready Mix, Inc., through its consultants
Metcalf & Eddy, have diligently discussed the concerns of, and
have complied with all requests of, the District. The District
has requested extensive testing to calculate whether a 11100
year flood" would pond water above the railroad bridge over the
Conejo site in the Arroyo Simi.- Due to the recent rains, the
measurements and calculations requested by the District have
been impossible to complete. Attached hereto is a true and
correct copy of a letter dated April 4, 1991 from Barry Keller,
Ph.D., Metcalf & Eddy, discussing Conejo's efforts to comply
with all requests made by the District.
Ventura County Flood Control District
Even if all calculations requested were complete, it
is unclear that the District will have the staffing available
to properly evaluate Conejo's efforts prior to the expiration
of the CUP. As detailed in the enclosed letter, Bill Haydon of
the District has stated that his agency is currently short of
staff which may delay the review of Conejo's study after
submission. Further, the District has stated to Conejo that if
Conejo's measurements and calculations reveal that the
downstream railroad bridge cannot sustain a "100 year flood"
and would result in a backup of water covering the Conejo
property, the District will not require any remedial actions or
hydraulic studies on behalf of Conejo as a condition of
extending the CUP.
Requested Action
In order to facilitate an accurate determination by
the District, and to provide the City of Moorpark with ample
time to consider Conejo's "complete" application, Conejo
respectfully requests that it be granted a ninety day extension
of the CUP to allow Conejo to continue operating pending the
outcome of its application for minor modification. Naturally,
during the period of this extension, Conejo will continue to
work with the District to expedite completion of the applicable
study.
Mr. Roy G. Wlichitech
Sheppard, Mullin, Richter & H ptnn
Forty -Eight Floor
333 South Hope street
Los Angeles, Ch 90071
Dear Mr. Michitech,
Metcalf &Eddy 9
4 April 1991
Metcalf & Eddy is proosedinq with all diligence to comply with the
requests of Ventura County Flood Control in connection with the City of
Moorpark Omnditional use Penait renewal. I have been keeping gill
Haydm of Flood Control infoaned of our activities. Fa mentircned that
Flood Control is currently short of staff, so that we may have sane
delay in the review of our study after it is suirni.tted.
Field of the shape of the stream charmel were made
yesterday. The recent high flows during [March rains cleaned a
considerable amount of brush out of the channel, greatly facilitating
umaurements, although soma areas still are difficult. The
measurements were made at the downstream railroad bridge, at the Conejo
site, and at two intermediate locations. These will be used to
calculate whether or not the 100 year flood would pond water above the
railroad bridge, over the Conejo facility. This is the calculation
which was requested by Flood Control at a meeting with Dave 011is of
CwAjo Ready Mix, Bill Frank and Hill Haydon of Flood Control, and me.
I anticipate that the calculations based on these measurements will
be c=pleted within the next two weeks.
Sincerely,
V4A
Barry Keller, Ph.D.
fiydrogeophysicist, RG, RFA
816 Start► Strae4, Su+te 500. Santa Barbara, CA 93101
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SHEPPARD, MULLIN, RICHTER & HAMPTON
City of Moorpark
April 9, 1991
Page 3
If you have any questions or comments, please call.
U
G. Wuchitech
for SHEPPARD, MULLIN, RICHTER & HAMPTON
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