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Big Dipper Water Conditional Use Permit 95-158-(5)
Report on the 5-21-97 Hearing Added 06/02/97
Issues that must be investigated before any expansion is granted
Changes in the original and new
permit
Summary of recommend conditions
Report on the 1-28-97 Big Dipper
Water Hearing Loaded 02/05/97
The hearing was held on to 5-21-97 She was granted a 10 year permit calling for a total of 21.600 trips per year (1800 per month). This is approximately the same number as her present permit. She was granted .an Increase from 6 trucks to 10 and the ability to average the number of trips per month. For example 3000 trips in July and 600 in January.
There was never been opposition to her delivering water to existing homes as she and her group claim. It is opposition to Growth and More Growth backed by the Chamber of Commerce whose policy is to support unlimited commercial growth in Acton. See the new Proposed conditions
The Big Dipper had applied to expand it's existing CUP, for a twenty year period, with a 66% increase in the number of trips, an increase to 10 trucks, and to allow her to sell an infinite amount of retail sales of water at the site to trucks not owned by the Big Dipper.
She circulated a petition in the community, with the fake claim that the various elements in the community were attempting to cancel her permit and cut off water sales to the existing residences.
Initially the Acton Town Council opposed only the expansion, but after various threats by Big Dipper and their attorneys, the town council became it's impotent self and did nothing. At least the good news is they did not approve the increase.
The attorney for Big Dipper, Gary Pond, argued that the Acton Town Council removed it's opposition, implying that they were now in favor of the project. The only person testifying against it was Charles Brink who clearly was in favor of the continuation of her permit to serve existing homes in Acton.
The only person except her own attorneys and a co-owner, testifying in her behalf was a homeowner. He stated he had a bad well and depended on her for water and pleaded with the Planning Commission not to cut him off. This was never the intent and they had already offered her an extension, without expansion of her CUP, which she refused.
As you can see from the correspondence published here, her permit was for a massive expansion that would be growth enhancing. Under CEQA, this has to be evaluated based on the cumulative impact. The Regional Planning Commission and their attorney, Mr. Charles Moore agreed and declined to grant the expansion in total trips.
John Schwarze, of Regional Planning, did suggest an excellent compromise that would limit the number of trips on a yearly basis (now 21,600) instead of monthly. This would allow her more trips during the summer when demand is highest which would be offset by the lesser trips during the winter when demand is lower.
It is estimated that over 75% of her trips would go through downtown Acton and by both schools. This means if you figure one up and one down, that approximately 30,000 truck trips would be passing in front of the schools during the given year. While this number is not an expansion of her existing CUP it's a frightening number ( 82 per day) to consider because of the impact on the children and community safety of these heavily loaded trucks. The good news is her drivers have excellent reputations in the community for being good, safe drivers and as long as she continues selecting these people hopefully we can learn to coexist with 21,000 trips per year of water being delivered by Big Dipper.
Ms. Damian was allowed to expand from six owned trucks to ten owned trucks. It is unclear what type of homeowners trucks she will be allowed, because the final rules have yet to be written.
The real news is that everyone who is dependent upon her and Carson Brothers for water, will have water service available and they will actually be able to have more trips during the summer. Also, the good news for the community is that she was not allowed to expand, by 66%, to serve more houses to be built in areas that did not have adequate water supplies.
It would also appear that she will not be able to sell large quantities of water to grading contractors. Her first permit was needed when she started operation by sending hundreds of trucks per day up County Way, for grading at Sterling Ranch.
This hearing has been a classic example of false information provided by her and her agent, Lillian Smith, to try to get sympathy in the community to enlarge her commercial business. It is also interesting to see how the Town Council of Acton caved in, as usual, when someone said "Boo" to them. Lastly it is very important to note that Regional Planning did the right thing and thwarted her plans for expansion when prompted by this newspaper and community members.
A letter Sent By Charles Brink
Regional Planning Commission Re: Big Dipper Project, 95-175
February 24, 1997
2-26-97 Item 7. Conditional Use Permit 95-158-(5) (Mr. McCarthy) for Norma Jean Demyen
Proposed water storage and distribution system on 15.7 acres; Zone A-2-1 at 3375 Country
Way Acton
I have attached a summary of my recommended conditions.
I want to raise objections to the expansion of the Big Dipper water service in Acton on a number of grounds.
There has been on need shown for expansion of the water delivery business. It would be totally inappropriate to grant this expansion.
Most people believe that she does not even approach her permitted levels under the current CUP. Home construction In Acton is operating at a level of one tenth of what it was when the original CUP was issued and grading water usage is minimal.
As for expansion of delivery to NEW residences, it seems inappropriate to allow more homes to be built that are dependent upon hauled in water.
It would be wrong stop delivery to existing residences. In no way do any of these comments suggest that you should not renew the current permit with small modifications.
When you continued the matter to February 26, 1997. you asked her to make an effort to get community input on the matter. All see did was asked for support in a petition which implies that she is only selling water to homes. The petition ignores grading water issue and her request for expansion and should be disregarded as support of expansion.
The existing permit allows unlimited operation during a water shortage to supply domestic drinking water and that needs to be continued in the new permit. A similar exemption needs to be added to water provided for fire suppression and donated for charitable uses.
1. CEQA. If the expanded permit is granted this expansion will:
Nearly double the number of trips per day.
Increase the owned trucks from 6 to 10.
Add unlimited non-owned trucks ("Homeowner").
It would mean at least a doubling of truck traffic within the community. This unquestionably is growth enhancing because her application shows the expanded water delivery service will allow more homes to be built. Without the delivery of groundwater by her service there would be less homes built.
There is a question as to delivery of water outside the Acton water basin. LA County has claimed that any expansion of homes in Acton would not be permissible without a source of outside water supply, (AVEK). It would be inappropriate to allow water to be delivered outside the community that would further deplete available water to the community and should be prohibited.
Therefore, as this expansion is clearly growth enhancing, it must have an environmental investigation.
2. Traffic Impacts. A traffic study needs to be done on the impact of these additional trips. The roads in Acton are small and rural (just as we like them) and these trucks are some of the largest trucks in both weight and size. I would like to state that everyone I have talked to has said that her drivers are very courteous.
Still, the additional air pollution in our community is significant and this information must be evaluated and this permit cannot be permitted under a negative declaration because it obviously has impacts.
3. Retail Sales. When they stop using just their own trucks and start retail sells of water, then it becomes a commercial business in an A2 zone. That would seem to require a non conforming use permit.
But the concept of filling homeowner trucks is a needed function in the community. A suggested condition would be to permit a number of (300?) homeowner truck trips (In and out) per month for water to use on the homeowner's property.
Hopefully that limited use would not require a change of zoning in the area. Therefore, I would like to see a restriction against local sales on the property without some meaningful mitigation.
1. The original permit allowed her to use a gasoline powered generator, or pump motor. This should require an AQMD permit to operate since it is a fixed point source.
Either require an AQMD permit or prohibit the use of internal combustion engines to power the pumps or generators except during power failures.
2. Add a condition prohibiting fuel storage on site as it sits directly over the main aquifer covered by a few feet of porous sand and contamination is a great concern.
3. Add a condition prohibiting any maintenance of the vehicles on the site.
4. Add a condition that a truck usage log be provided to the County on a yearly basis as a condition of keeping the permit. These logs should be available to the public for review after they have been provided to the County.
While I disagree with the Acton town council's statement that it is "a duly elected advisory board", I agree with their position as stated in their letter.
The Chamber of Commerce's letter is not in the community's best interest and this is a group with a skewed outlook for Acton. There is limited support in the community for the local merchants and their letter is self serving and anti-community. Further, a number of members, have business but do not live in the community.
Keep the permit as is including its five year life but modify the following conditions
Add to 8d.. water for fire suppression and donated water for charitable uses shall be excluded from the limitations. Change the description of a trip to: filling of one trick and change the number to 1560 trips per month.
Delete the requirement that the "laden weight (as determined at a public scale)" and substitute "record the owner, the number of gallons delivered, and the delivery location".
Add that the truck usage log be provided to the County on a yearly basis and that these logs be available for public review.
Add to 8f.. Any internal combustion engine will require an AQMD permit to operate. This does not apply to the use of internal combustion engines to power the pumps or generators during power failures.
Add to 8e.. to prohibit any signs on the property.
Added new conditions..
Permit 300 homeowner truck trips (in and out) per month for water to use on the homeowner's property.
Prohibit fuel storage on site and any type of maintenance of the vehicles on the site.
Prohibit water from being hauled outside of the Acton water basin.
The Big Dipper has been supplying water in Acton for a number of years for both homes and grading use. In 1988 a number of people in the community became unhappy with the number of water trucks being used for grading, and increased traffic on the local roads.
They contacted the County with their objections and the County required Ms. Damian to obtain a CUP for her water delivery business. It also required Carson Brothers to obtain a similar CUP. The CUPs had a lifetime of five years. Her CUP restricted her business to no more than six trucks, either owned or leased, and a total number of 3160 in and out trips per month.
The demand for grading water was substantially reduced as District 37 was convinced by this Newspaper and others that they should deliver water through the pipelines, as opposed to trucks, to the grading sites. This would minimize environmental impacts on the community.
Ms. Damian is now asking for an increase from 3160 trips per month to 5200 trips per month, an increase of up to ten trucks, and unlimited "homeowner" trucks. It is unclear whether it would mean that homeowners who had a grading business would have their trucks exempted.
Another issue was she wanted a twenty year CUP instead of a five year CUP. During this twenty year period, if granted, the community could not modify her CUP.
No one opposes her continued operation at the present levels which include unlimited deliveries to local homeowners during water shortages.
The first hearing was held on January 28, 1997. The Acton Town Council sent a letter opposing any expansion of the facility . The Acton Chamber of Commerce took an opposite position, fully supporting all the increases.
At the hearing her attorney Gary Pond, stated this expansion was needed for the community, and couldn't understand why the town council objected to her expansion. He continued that "The ATC President (Dick Morris) had told him everything was OK, it was a done deal and he had no objections to her expansions." Mr. Morris was unavailable for confirmation of this statement.
The Regional Planning Commission pointed out that Ms. Damian was in violation of her existing permit by her failure to maintain a listing of the vehicles as required. Again Mr. Pond took a position that this wasn't a problem. It was just the fact that she couldn't get her computer to print the information out and asked for a continuance, which was granted.
In addition RPC pointed out that she was filling homeowner's trucks which seemed to be a violation. She claimed that she filled them only during periods of time when she didn't have all her six trucks in use. As she did not speak, the rules of Regional Planning did not allow the opponents to speak. Both George Miller, who was there with his wife, was to speak for the Acton town council, and your Editor didn't have an opportunity to speak.
RPC continued the matter to February 26, 1997and asked them to make an effort to have outreach within the community to discuss the matter. They specifically reminded her that she needed to show a need for the expanded services.