2013-11-19 Regular Council Minutes (approved 12.3.13)

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TIME AND PLACE FIXED TO CONSIDER THE CONTINUED APPEAL FROM OCTOBER 15, 2013, AN APPEAL TO THE CITY COUNCIL REGARDING THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL USE PERMIT (FILE INDEX NO: DAP -001-099, APPLICANT: LARGO CONCRETE) FOR THE OPERATION OF A CONCRETE CONTRACTORS' STORAGE YARD ON AN EXISTING 7.6 -ACRE DEVELOPED SITE IN THE Ml/SDA — LIGHT INDUSTRIAL ZONE AND SENSITIVE DEVELOPMENT AREA OVERLAY ZONE. Environmental Determination: Pursuant to the Guidelines for the California Environmental Quality Act (CEQA), the denial of a proposed project is exempt from the requirements of CEQA as per State CEQA Guidelines sections 15061 (b)(4) and 15270. Mayor Zamora read the title into the record. City Clerk Gomez announced that the affidavit of publication is on file in the City Clerk's Office no protests were received since the public hearing held on October 15, 2013. Development Services Director Mark Tomich provided a PowerPoint presentation and summarized the appeal points as follows: BACKGROUND • July 23, 2013, Planning Commission (PC) review and considered the CUP for Contractors' Storage Yard. o PC did not accept staff recommendation. o Continued for two weeks to allow staff time to prepare a resolution for denial. • August 13, 2013, the PC denied pursuant to Resolution No. R-15-13. • August 22, 2013, Applicant filed Appeal. • October 15, 2013, City Council heard the Appeal continued it to November 19, 2013 to: o Revise conditions of approval, o Meet with Largo Ad Hoc Committee, and o Hold neighborhood meeting (hear concerns of residents) • October 21, 2013, staff met with Largo representatives • October 22, 2013, staff met with Largo Ad Hoc Committee & Two Neighborhood representatives & Largo representatives o Received The Largo Ad Hoc Committee modified and added conditions pertaining to: o Hours of operation Semi Truck trips hours o Vehicles idling limits Parking on Congress St. o Left turn on to Congress Street o Third party storage Back up alarms for vehicles, trucks & equipment October 29, 2013, staff held Neighborhood Meeting at Luque Center. o Some of the major concerns expressed at the meeting include: • Gardening equipment noise; • Truck traffic generated by the project; • Emissions, traffic and safety of children in the neighborhood; • Rezone the M-1 to Residential zone; • Consider a moratorium to allow staff to study the various issues voiced at meeting; • For the past 28 years, the Wilson neighborhood issues have not been addressed; 2013 NOVEMBER 19 REG CC/SARDA/CUA/CPFA/CHA MEETING - 6 -