CONDITIONAL USE PERMIT CUP-899. APPLICANT: STUART'S ROLLER WORLD; PROPERTY OWNERS: HARRY AND MARY DRAPEL.
Staff report dated June 22, 1998, was presented pertaining to a scheduled CUP review of the operation of an existing indoor roller skating operation which includes a roller rink, arcade, snack bar and pro shop as part of a request to expand the operation to include a new outdoor "skate park" on property located at 464 West Commonwealth Avenue.
Senior Planner Commerdinger reported this item had originally been heard on February 11, 1998, for both a scheduled CUP review and a request to construct an outdoor skate park. The Commission decision at that time was to deny the expansion plans until the August 12 hearing, and also to have a scheduled review prior to that time.
Staff has been in contact with the business owner and surrounding property owners since the February hearing, and has urged Mr. Silver to take a more active role in the management of the operation, to minimize impact on police services, and to address the Building Code issues on site. Outstanding issues relating to the conditions of approval included: construction of a trash enclosure, posting of signs to eliminate client parking on the adjoining property to the east, and Building Code corrections to the illegal structure on the west side. Senior Planner Commerdinger reported that, since the writing of the staff report, "No Parking" signs have been installed, and a second set of plans have been resubmitted for the illegal structure, which address the corrections called out in the first plan check.
Police activity shows disturbance of the peace calls to the site. In April, the business owner was called into the Development Services office, along with representatives from the Police Department, in an attempt to refocus his approach of site activity. At that time, Mr. Silver indicated that he would implement tighter controls on the business, and since that meeting there has been only one disturbance of the peace call.
Prior to the August 12, 1998, revocation hearing, staff will be reviewing what progress has been made in terms of continued compliance with the conditions of approval, police activity, and outstanding Building Code issues.
Commissioner Godfrey inquired as to how many items had been completed between February 11, 1998, and the end of June. Senior Planner Commerdinger reiterated that there had been no progress during that period of time.
Commissioner Simons was not satisfied with the existing landscaping, and asked if it met with staff's approval. Senior Planner Commerdinger stated that in terms of the square footage of the lot, staff also wished to see upgrades to the landscape; however, all planters on site have been planted with appropriate landscaping. The site was "inherited" from the Acura dealership and this was the landscaping provided at the time. A revised landscape plan is a condition of approval with the skate park expansion, but staff had not changed the existing condition of approval pertaining to landscaping. Commissioner Simons also questioned whether the applicant felt that the parking situation could be controlled, and staff indicated that Mr. Silver stated that it could be.
Commissioner LeQuire asked if continued use of the roller rink could be restricted to skating events only and not rented out as a reception/party facility, etc. Senior Planner Commerdinger answered affirmatively.
Commissioner Munson asked if there had been any meetings conducted with Mr. Silver and Mrs. Plummer, owner of the French Village. Senior Planner Commerdinger answered that there have been limited face-to-face discussions between the two property owners, as well as contact between the attorneys representing same.
Public hearing opened.
Mark Baker, representing Stuart Silver, stated that due to a family emergency, Mr. Silver was unable to attend. Mr. Baker informed the Commission that it was Mr. Silver's intent to withdraw the plans for the proposed skate park, and that plans had been resubmitted for the illegal structure on the west side. Mr. Silver will also comply with the condition which prohibits "rave" parties and will appear at the hearing on August 12, 1998.
Commissioner Simons asked if there was any security personnel on site. Mr. Baker answered that, in addition to himself, there is a pro shop manager and other personnel who are authorized to report any problems to the Fullerton Police Department.
Chairman Sandoval wished the record to reflect that the Commission was in receipt of a letter from attorney Daniel Bowen representing Florence and Randy Plummer (property owners to the east).
Daniel Bowen reiterated the major problems that his client has experienced with Stuart's Roller World:
- Inadequacy of parking, which exists during normal weekday operations, not only during special events
- Vandalism and personal injury to clients of French Village
- Youth skateboarding in the parking lot and on the sidewalk
- The roller rink is not compatible with adjoining businesses in the area
- Non-compliance with conditions of approval
- Continual presence of trash and debris on property
Public hearing closed.
MOTION by Commissioner Ballard, seconded and CARRIED unanimously, that the Commission ACCEPT staff's recommendation to set a Conditional Use Permit revocation hearing for August 12, 1998.
SITE PLAN SP-751 & CONDITIONAL USE PERMIT CUP-993. APPLICANT: LSA ASSOCIATES, INC.; PROPERTY OWNER: CON AGRA, INC.
Staff report dated July 1, 1998, was presented pertaining to a request to consider a site plan for the construction of a new flour mill and a Conditional Use Permit to conduct flour milling operations, on property located beyond the eastern terminus of Raymer Avenue, just north of the intersection of Commonwealth Avenue and Brookhurst Street (M-G zone) (Mitigated Negative Declaration). A vicinity sketch was displayed.
Senior Planner Commerdinger reported that this item contained an application for both a Site Plan to construct the buildings, and a Conditional Use Permit for the activity. Each would be discussed individually.
The site has been utilized since the early 1940's by Hunt-Wesson Foods for tomato canning and cooking oil production. Hunt-Wesson is a fully-owned subsidiary by Con-Agra, Inc., the parent company. The zoning is M-G and has been since at least 1941. Senior Planner Commerdinger noted that the reason this item was being heard was because of the Conditional Use Permit; the site plan meets or exceeds all code requirements and could have been heard at staff level had the CUP not been a part of the application.
The construction of the facility is being proposed in two phases: the first phase is a warehouse building at the far east side of the property, with a flour mill building attached to it and eight silos, approximately 60 feet beyond the flour mill. The second phase would include an additional eight silos further west. The paving of the entire site, including turnaround and parking areas, would be included in phase one. The layout of the site has been revised twice at the request of staff, in order to move the buildings as far west as possible, and to rotate the buildings 180 degrees so that the lowest-lying building was the one closest to the residences (east). The site is surrounded by industrial use to the north and west, commercial to the south, and residences to the east.
There are provisions within the code which state that if an industrial use is built next to a residential area, there must be a specific amount of setback between the two. In this instance, the warehouse is approximately 210 feet west of the eastern railroad right of way, and a 305-foot separation between the wall of the warehouse and the residential property line. The flour mill is 445 feet away; the phase one silos are an additional 60 feet to the west, and the phase two silos are another 15 feet west. The site meets or exceeds all applicable development standards in terms of lot coverage, floor area ratio, parking and setback from the residential area to the east.
During early discussions with representatives of Con Agra, Inc., staff discussed the issue of the close proximity of the project to the Fullerton Airport and its impact. Staff presented a letter from the FAA stating that the proposal meets their requirements and is not detrimental to the operation of the Airport.
Regarding the Conditional Use Permit, Senior Planner Commerdinger noted that flour milling operations are not specifically listed in the Municipal Code as either a permitted, conditional or accessory use. However, there is a provision which allows any non-residential item not listed to be able to be considered for a conditional use permit. Examples of permitted uses for the site include: metal fabrication, canning, cut stone/stone products and textile mills. Staff's concerns during initial discussions with Con Agra included: proposed hours of operation for both the construction and operation of the project (including noise generation), environmental issues, and impacts on public emergency services. Given the number of those issues presented, staff required that Con Agra hire a consultant to prepare an Initial Study and Negative Declaration. Such a study was prepared by LSA Associates, and addressed such impacts as population and housing, utilities, water, air quality, and service systems. Thirteen mitigation measures were also included in the report and attached as conditions of approval to the staff report.
Staff addressed the issue of hours of operation for construction purposes. The initial study documents indicated that 13 days of 24-hour construction was required. Because this does not meet code, the construction schedule, if implemented, must be changed. Part of the operation involves delivery/switching of rail cars on site, however Con Agra proposes to do this only within the hours as specified in the noise ordinance-between the hours of 7:00 a.m. to 10:00 p.m. A 14-foot noise wall is also proposed along the eastern properly line and will be the height of the railroad track, and silencers will be used to mitigate any noise from silo fans on the far side. Because of the potential for air emissions, staffed wished to ensure that requirements of the SCAQMD were adhered to and that all permits had been applied for. This includes a number of operational issues within the facility itself, i.e. filters, controls and emergency shut-offs. The proposed facility will be almost fully automated, with a maximum number of 20 employees. The facility design has been reviewed by the Fullerton Fire and Building Departments for compliance with applicable codes. Con Agra has also hired a special consultant to address any concerns in the areas of construction or operation.
In conclusion, regarding access to the site, there was an issue of emergency access between this property and the Lincoln Property industrial subdivision to the north. As of this date, the City has acquired an easement, which has been finalized and recorded.
Staff recommended approval of the request, subject to 16 conditions of approval, and the 13 mitigation measures attached.
Rod Propst, Airport Manager, gave a brief background of his experience. He spoke of the FAA's Part 77 Air Space, a land use control around airports which protects airplanes as they arrive and depart. He displayed an overhead, which depicted various "control surfaces" including a horizontal surface 150 feet above the Airport. The Airport sits at 94 feet mean sea level, thus the horizontal surface is 244 feet mean sea level. This proposed project does not violate this surface, however he suggested that Con Agra fill out a Notice of Proposed Construction or Alteration to be submitted to the FAA. That document was return as "No Hazard."
Mr. Propst reported that Runway 6, used for departures by pilots for noise abatement purposes, would be the only runway which could be affected by the proposed project. He assured the Commission that if used in a no wind situation, a pilot would turn right, follow the railroad tracks until he reaches 1100 feet mean sea level. By the time a pilot reached the area of the site (approximately one minute), he will clear the area by several hundred feet. Mr. Propst stated unequivocally that the project was not a safety hazard to the Airport.
Commissioner Simons noted that in the staff report, phase two was to be constructed 16 months after the completion of phase one. However, the EIR stated that phases one and two would both be completed in late 1999. Senior Planner Commerdinger noted that the initial time line has changed many times, and the 16-month period was an approximation. Commissioner Simons also wished clarification on the issue of air emission credits which Con Agra proposes to purchase. Senior Planner Commerdinger explained that any time a business creates a finite level of air emissions, the SCAQMD requires that mitigation measures must be provided. One of these options is to purchase credits from other businesses, so that the total number of emissions within the air basin as defined do not exceed a total level. Chief Planner Rosen added that the additional emissions from this facility would be minor, and the offsets they are purchasing are above and beyond what would normally be required for this type of facility.
Commissioner LeQuire was concerned with the construction plans, which call for 13 days of 24-hour construction, and staff's determination that this would be unacceptable. Senior Planner Commerdinger replied that there are two issues: one is the type of construction, which staff has not determined to be the most appropriate. If this type of construction does not occur, it would address the 24-hour issue. Otherwise, the City ordinance requiring that all construction be accomplished between the hours of 7 a.m. - 8 p.m. would prevail.
Commissioner Godfrey desired a more detailed explanation of the air emissions generated by the project. Chief Planner Rosen explained that the SCAQMD would have to perform an analysis of emission sources which could occur on site. They would find that particulate matter (dust) would be the issue, and Con Agra is proposing to provide special "trapping" devices to control this. Also, there would be a small amount of emissions from fumigation of the silos and grainery areas. These would require special reporting to the SCAQMD. Commissioner Godfrey said that it was his understanding from the Mitigated Negative Declaration that there is more dust produced from daily traffic than there would be from this project. Senior Planner Commerdinger referred to page 4 of the EIR, which states that with the implementation of a engineered minimum baghouse filter system, dust emissions will be minimized. However, dust mitigation measures during construction must be provided at all times.
Regarding rail operations, Commissioner Simons asked if a curfew would be imposed on rail switching on site. Senior Planner Commerdinger stated that staff imposed a condition of approval requiring that switching of train cars on site shall be limited to the hours of 7 a.m. - 10 p.m. In addition, the 14-foot sound barrier wall will be constructed with phase one. Commissioner Simons noted that the Building Official considers this to be a "hazardous" use. Building Official Daleo clarified that, because of the nature of the operation, if there is a potential for a hazardous occupancy, the code specifies provisions to make the occupancy safe. In any H occupancy, the Fire Code, Building Code and NFPA standards are implemented to create a safe environment.
Public hearing opened.
Frank Haselton, LSA Associates, One Park Plaza, Suite 500, Irvine, stated that Mike Amling of LSA was also present, as well as Brad Hover, from Con Agra offices in Omaha, Nebraska. Mr. Haselton gave a brief history of the proposal. He reminded the Commission of the food processing uses of this site, and the contribution of Hunt-Wesson to the City of Fullerton over the years. A community meeting was held, with over 140 households invited to express their views on the project. Approximately 35 neighbors attended the two-hour meeting, and LSA endeavored to answer the many questions presented. Mr. Haselton reminded those in attendance that this was a permitted use for this zone, and other business allowed would be boat manufacturers and dry cleaning plants, which would have more of an environmental impact than the flour mill. Mr. Haselton displayed a site plan of the facility and gave a brief description of the flour milling operation. The wheat arrives by rail, is stored in the silos, and goes through a milling process. The wheat is separated by grade and packed in bulk, with very little waste product.
Commissioner Ranii questioned the 24-hour construction period. Mr. Haselton contended that all construction will meet all code requirements for noise, and if the slipform construction cannot be used, they will utilize other methods. The applicant had also read and concurred with all of the recommended conditions of approval, including the mitigation measures.
Commissioner Ballard asked if it would be a safety issue to not conform to the 24-hour slipform construction.
Mr. Brad Hover, Vice-President of Con Agra, Inc., 1627 Wright Circle, Omaha, Nebraska, answered that if construction must cease at night, a cold joint forms into the actual slip itself, so that each layer of concrete would be visible. In any case, they will abide by all requirements of the city's noise ordinance. He went on to report that this will be a state-of-the-art flour mill, the only one of its kind in the Los Angeles area. It is a major benefit to Con Agra to utilize this site because of its access to two major railroads, and the close proximity to local vendors. There will be sensors throughout the facility, and a control room operated by trained technicians. During his association with flour mills, there had never been an explosion, a citation for unsafe conditions, or injuries from the silos.
The following persons spoke in opposition to the project:
Bill Wotring, 2052 West Jacaranda Place (displayed models showing the scale between the adjacent residences and the flour mill operation, and photos showing other flour mills which are not close to residential neighborhoods). He also produced a petition signed by adjacent property owners to the east with approximately 150 signatures.
Dave Navarrete, Fullerton resident
Al Triay, 1369 Riverside Drive, owns the R-3 property at the end of Commonwealth Avenue
Jack Hunsaker, 2011 West Gregory Avenue
Simon Hernandez, 2030 West Chapman Avenue
Lou Alvarez, 2041 Jacaranda Place
Steven Bova, 2033 Jacaranda Place
Dawn Bova, 2033 Jacaranda Place
Lorraine Nowak, 1944 West Gregory Avenue
Kathy Heredia, Carol Drive
Wayne Alvey, owns property at 436 and 238 North Wanda Drive
Ann-Marie Bowlby, 1901 Thomas Way
Eric Gier, 224 N. Wanda Drive (presented a letter with six signatures)
Steve Peabody, 1920 West Gregory Avenue
Mr. & Mrs. Houghton & Family, 1820 West Gregory Avenue
Marie Whaling, Fullerton Resident
Ernesto Mata, 2014 West Gregory Avenue
Robert McBirney, 1212 West Amerige Avenue
George Schade, 234 North Martha Place
Mike Hill, 1937 West Gregory Avenue
David Gough, 437 North Wanda Drive
Byron Shell, 405 North Wanda Drive
Joyce Finch, 1564 West Amerige Avenue
John Pena, 425 North Wanda Drive
Mark Hirzel, 432 Delphine Place
Bowen Conser, 1936 West Gregory Avenue
Kathy McBirney, 1212 West Amerige Avenue
Christine Diedrich, 2000 West Gregory Avenue
Sheridan George, 233 Florence Place
Barbara Marr, Fullerton Resident
Robbie Britton, 237 North Adlena Place
Brian Martindale, 420 North King Place
The points of opposition included:
- The height of the silos and other buildings are too massive for this area
- Residences to the south of the site were not notified
- The flour mill will only generate twenty jobs and they will most likely be from Omaha
- Residents will live with constant fear of their health, well being and safety because of the potential for explosions
- Lower property values for adjoining existing residences, and proposed residences to the north
- Flour mill will not generate substantial tax revenues
- The noise will be disruptive to adjacent residences
- Zoning should be changed so businesses such as this cannot be built so close to residential
- Residents wish to see a thorough Environmental Impact Report for the project
- How will Con Agra compensate homeowners and other business owners in the event of a catastrophic occurrence?
- Will the fans from the silos or high pressure air cause turbulence for aircraft flying overhead?
- Adjoining residents have experienced airborne acids and other liquids during the time when the tomato canning business was in existence and fear the same
- Increased railroad traffic will also cause increased noise and diesel fumes
- The adjacent neighborhoods have improved since the closing of the Hunt-Wesson canning operation
- Flour milling operation will cause increase in odors, insects, flies and rats
- Phosphene gas will be used to kill rodents and is highly flammable and toxic. Plastic sheeting is the recommended containment for this chemical and would not be effective in a Santa Ana wind condition
- Residents are concerned that the 14-foot wall will not be high enough to deter noise and odors, and it will be an invitation for graffiti
- A flour mill should be located near wheat fields, desert or a rural area and not residences
- The adjacent neighborhood did not have ample time to prepare their presentation, and Con Agra has worked on this project for three years
- The entire City of Fullerton should have been notified of a project of this magnitude
- Will be a safety hazard for helicopters who utilize the Fullerton Airport, such as the Orange County Fire Authority or the California Highway Patrol
- The PM-10 factor will have serious health consequences to residents
- The wheat will be transferred from the trains to the silos and the raw materials will be exposed to the elements, including Santa Ana winds. The dry heat could cause a spark and subsequent explosion
- There will be gas-fired boiler for feed pelletization proposed for the operation
- Will there be penalties imposed on Con-Agra when and if they violate the noise ordinance?
- Con Agra did receive an OSHA citation for exposed wiring in an area of grain dust accumulation (Texas facility in 1992), as well as a citation for phosphene in rail cars carrying grain (location unknown, January 1983).
- Con Agra should make a more concentrated effort to possibly place a portion of the operation underground, or enclose the silos to look more like an office building
- Heavy commercial trucks will break down the condition of City streets
Chairman Sandoval wished the record to reflect that there were many other persons in opposition to the project who did not speak.
The following persons supported the project as presented:
Kate Reeves, 201 Friar Place
Gary Miller, Economic Development Division of the Orange County Business Council
Bob Wyatt, Orange County Farm Bureau
Kevin Clutter, Director of Technical Services, California Grain and Feed Association (presented a letter in support of the project)
The points of support included:
- There will not be any offending odors from a flour milling operation
- The explosion of the grain mill in Kansas is different than what could happen with a flour milling operation. The explosion was caused by a terminal grain elevator, and product coming straight from the field has much more dust than the product which will be delivered to this facility. All equipment for the proposed operation will be self-contained.
- This will be a state-of-the-art operation, and Con Agra has taken steps to be a good neighbor and are sympathetic to neighborhood concerns
- Farming is still a vital part of the economic base of Orange County
- Con Agra has an exemplary record of safety
- Baghouse filter systems have a 92-99% efficiency rate in removing particulates from the air
Frank Haselton again spoke in an attempt to address questions from the residents. He reminded those in attendance that they have to apply for many permits before construction may even begin, and their actions are heavily regulated. He appreciated all the comments and concerns of the residents, and their taking the time to speak on this issue. Mr. Haselton added the following comments:
- Sites such as this are market driven. Because it is located next to a regional rail facility and is in close proximity to vendors of Con Agra, it is especially desirable.
- SCAQMD has very stringent regulations pertaining to air quality, to which Con Agra must adhere. The purchase of air quality emission credits were not a requirement, but was done by Con Agra in an attempt to create a buffer for themselves.
- Regarding tax revenues, most industrial properties do not generate tax revenues. They do generate jobs, but most tax revenues are generated by the vendors themselves.
- There are 40 Amtrak, 6 Metrolink, and 25 freight routes which utilize the railroad tracks in any one day. When in full production, Con Agra will add a total of one additional train per week, will not use the berm, and will not go past the mill structure.
- Nighttime and daytime noise levels in the area were recently assessed by Con Agra. The ongoing generation from the plant itself is within the ambient noise level established by the City, in the 52-64 dba range. In addition, no train activity may occur between 10 p.m. and 7 a.m.
- Phospene will not be kept on site for immediate pest control. A contractor will be called out to handle any vector issues which may occur.
- A Mitigation Monitoring Program is a condition of approval and will require noise readings once per month for an extended period of time. In addition, Con Agra must identify who will be responsible for these tests, including air quality emissions.
- Concerning exhaust fans at the top of the silos, the velocity is 500 feet per minute and does not constitute a turbulence issue by finding of the FAA.
- Flour mills do not emit odors outside of a "slight bakery" odor, and this issue is also regulated by the SCAQMD, and corrective measures must be taken if warranted.
Mr. Brad Hover, also spoke again to address resident concerns.
In answer to a question by Commission Godfrey on whether or not the mill operation could be built on a smaller scale, e.g. no higher than 32 feet, Mr. Hover answered negatively for both physical and economical reasons. He clarified that gravity is an important aspect in a flour milling operation, therefore the silos must be the proposed height. Because of the layout of the property, and the close proximity to the railroad tracks, it would also be impossible to "flatten" the proposed buildings.
Mr. Hover reiterated that although there would be only 20 employees on site, four of these would be core management personnel who would relocate from other facilities. The remaining 16 persons would be hired locally. The trucking company, security firm, and any maintenance support groups will all be local companies.
Chairman Sandoval questioned whether there would be any cooking odor from the gas boiler. Mr. Hover explained that the pellet mill operation is a process which takes the mill feed, squeezes it through a press with steam, where it becomes a pellet and gives more weight to pack the product into trucks. There are no plans in phase one for this process because the pellet demand does not exist at this time. The operation does not emit an odor, is self-enclosed, and the boiler will only produce steam, and not cook the product in any way.
Public hearing closed.
Commissioner Ranii stated that because of the railroad access, this property has been zoned for heavy manufacturing since the 1940s. The Commission supported this zone designation during the General Plan update process five years ago. Because the proposed use is not on the "preapproved" list, a hearing was required for Commission approval to determine if it met all the parameters for this parcel of land. He did not favor the proposed project; however, because it met all city and AQMD requirements, and will not exacerbate any existing railroad problems experienced by the residents, he supported staff's recommendation.
Commissioner Godfrey did not share the residents' view that this project was proposed just for the City's economic benefit. He also pointed out that the Commission could not consider view obstruction issues or job issues as part of their analysis. The adequacy or inadequacy of the zoning to support the project was what the Commission would be determining in its review. Because the project met all zoning requirements, he stated he would also accept staff's recommendation for approval.
Commissioner LeQuire appreciated residents' comments concerning railroad noise, but he was satisfied that the proposed project would only add one trip per week on already heavily traveled tracks. He stated that he was satisfied with Con Agra's attempts to reconfigure the site plan to place it as far away from the residential area as possible, considering the narrow layout of the parcel. He reported seeing articles of this project in the newspapers, and felt that the residents had ample time in which to prepare for the hearing. Because he concurred that the project was consistent with all zoning requirements, and the property owner had the right to built this operation on this parcel, he voted in favor of the project.
Commissioner Simons thanked those in attendance for their efforts in making their concerns known to the Commission. He was appreciative of the expanded mailing notification range by staff, and the thoroughness of the Mitigated Negative Declaration. He felt the project met all air quality standards and zoning requirements, and supported the project as presented.
Commissioner Ballard concurred with the Commissioners who were in support of the project.
Commissioner Munson recognized the anger expressed by the residents over the proposed project. He hoped that the Con Agra representatives recognized the lack of confidence and trust by the neighbors, who had experienced unsolved problems with the Hunt-Wesson facility in the past. He was uncomfortable with the height of the buildings and their close proximity to the Fullerton Airport, and the potential for noise from the mill operation. He explained that the Planning Commission must view projects as meeting all requirements of the zone for which they are proposed. He reiterated that while he felt the buildings were too massive, he felt his "hands were tied" because the property was zoned for this use. He urged the Con Agra representatives to take the resident comments into consideration, and do whatever they could to alleviate those concerns.
Chairman Sandoval recognized that Con Agra made many changes to the original site plan, in order to make the project more compatible with the residences surrounding it. She reminded the residents that the project met the criteria for an industrial area, and if it had been on the list of approved uses in the code, it would have been constructed without any Planning Commission public hearing being held. She reluctantly voted in support of the project and thanked staff for all of their efforts. She indicated two minor changes in the resolution. Condition No. 5 relating to the monthly noise report should have the sentence: "These reports shall be prepared by a licensed third party acceptable to staff" changed to read: "These reports shall be prepared by a licensed third party, qualified to prepare such reports, approved by the Director of Development Services." Also, in the mitigation measures, she wished a correction made to No. 11, with the sentence: "A noise wall will be installed between the railroad tracks and the residences in places where the existing berm is less than 14 feet." She felt this did not reflect that the wall would be built on Con Agra's side of the berm. Senior Planner Commerdinger indicated that staff would make the necessary change.
There was a consensus of the Commission for approval. MOTION by Commissioner Simons, seconded and CARRIED unanimously that the Mitigated Negative Declaration be CERTIFIED. The title of Resolution No. 6792 APPROVING site and architectural plans for the construction of a new flour mill and a Conditional Use Permit to conduct flour milling operations on property located beyond the eastern terminus of Raymer Avenue, north of the intersection of Commonwealth Avenue and Brookhurst Street, was read and further reading was waived. MOTION by Commissioner Ballard, seconded and CARRIED unanimously, that said Resolution be ADOPTED AS AMENDED.
Chairman Sandoval thanked those in attendance for their patience during the hearing process, and gave instructions on how this item may be appealed to the City Council.
