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4w . BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Initial Study/Mitigated Negative Declaration ' 4.10 LAND USE AND PLANNING Less Than _ Would the project:. Potentially Significant Less Than No Significant Impact With Significant Impact Impact Mitigation Impact Incorporated . a. Physically divide an established community? ? b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, ? or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? ? ' a) Physically divide an established community? ' No Im act. The project site is currently occupied by a concrete manufacturing facility, and is located within a heavy industrial area. Given the developed nature of the site and the industrialized nature of the project area, the existing facility does not currently divide an established community. In addition, none of the proposed aesthetic, drainage, water quality, and safety improvements would result in a ' division of an established community. Thus, no impacts would occur in this regard. Mitigation Measures: No mitigation is required. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal ' program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ' Less Than Si_anifrcant Impact. The project site is designated "Heavy Industrial" (M2) by the City's Zoning Code and "Industrial" (IND) by the City's General Plan. The proposed project is consistent with the General Plan designation for the site. ' As stated within Section 2.0, Project Description, the City has determined that the existing Bender Ready-Mix facility is not currently in compliance with the Zoning Code. Upon review of current activities at the site, the City has determined that the facility has been operating without a valid Conditional Use ' Permit (CUP). The Zoning Code allows for the following conditionally-permitted uses within the M2 zone: ' "In addition to uses permitted subject to the issuance of a conditional use permit pursuant to sections 41-489 and 41-472.5, the following uses may be permitted in the M2 district subject to the issuance of a conditional use permit: (a) Acid manufacturing. (b) Junkyards, automobile wrecking yards and salvage yards, and impound yards. ' (c) Cement, lime, gypsum or plaster of pans manufacture. (d) Fertilizer manufacture...." ' JULY 2011 4.10-1 LAND USE AND PLANNING 31A-71