R-019-14 Denying the appeal and Upholding the Planning Commission's decision of an application for a conditional use permit (Largo Concrete)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 incompatible uses are a potential danger to the neighborhood in general and insufficient mitigation is proposed to reduce potential negative impacts. 2. That the proposed Use, together with the conditions applicable thereto will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; The proposed concrete contractors' storage yard use will be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity for the following reasons: A. The City Council finds that the proposed conditions of approval were not sufficient or adequate in addressing pedestrian safety, increased traffic conditions, screening of storage material, hours of operation, and noise generated by the proposed contractors' storage yard. It is the City Council's determination that the existing traffic levels of service were not analyzed sufficiently to understand impacts and hazards from the 27 daily trip ends on Congress Street. The City Council has also determined that recommended conditions of approval did not adequately address noise from vehicles arriving at the subject site adequately and other noises occurring prior to the start of business. The conditions of approval do not adequately address noise emanating from steel and other metal materials being stored and managed on site. B. On July 23, 2013, a Petition with signatures and 12 letters in opposition of the project was received. In addition, after hearing public testimony with no members of the public in support of the project, receiving seven (7) additional signatures in opposition of the project, and an additional letter opposing the project, the City Council found that the project is detrimental to the public health, safety and welfare and materially injurious to the properties and improvements in the vicinity including streets, traffic, pedestrian safety, aesthetics and increased noise levels. 3. "That the proposed Use complies with each of the applicable provisions of this title. " The concrete contractors' storage yard use does not completely conform with the Sensitive Development Area Overlay Zone of the Colton Zoning Code: A. Pursuant to Chapter 18.30, the Sensitive Development Area Overlay Zone is intended to reduce flexibility in design and restrict development of parcels of land in certain areas of the City deemed to require sensitive development standards. The City Council considered the public testimony provided by surrounding residents in their efforts to preserve their neighborhood character and safety including potential increases in daily semi -truck and flatbed truck traffic on an existing deteriorating street going through an existing single family residential neighborhood increases potential conflicts between pedestrians, specifically R-19-14 page 4