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HomeMy WebLinkAboutResolution No. 4520RESOLUTION NO. 4520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA GRANTING A VARIANCE. (Rodeffer Industries, Inc.) The City Council of the City of Azusa does resolve as follows: a� SECTION 1. It is hereby found and determined that application for a variance to permit excavation and removal of rock, sand and gravel and the processing thereof upon the property hereinafter des- cribed was duly filed by Rodeffer Industries, Inc., that a public hearing thereon was duly held by the Planning Commission after legal notice thereof, that the Planning Commission denied said variance by its Resolution No. 312 adopted February 20, 1963, that said action was duly appealed to the City Council and that the City Council has held a public hearing thereon after legal notice thereof. SECTION 2. It is hereby found by the City Council that all of the subject property is included in the W Zone, that the proposed operations are necessary and desirable for the promotion of water conservation within said zone, that facts have been presented and proved and are hereby found to exist permitting and justifying the granting of said variance as required by the Azusa Municipal Code, and that said variance should be granted subject to the conditions herein- after set forth. SECTION 3. A variance is hereby granted to permit the excavation and removal of rock, sand and gravel and the processing and sale thereof upon the property described in Exhibit A attached hereto and hereby made a part of this resolution, said activities to be con- ducted at the respective locations upon said property as shown upon the plat attached hereto marked Exhibit B and hereby made a part hereof, subject to all of the conditions set forth in Exhibit C which is attached hereto and hereby made a part of this resolution, the substantial violation or noncompliance with any of such conditions shall be grounds for the termination and revocation of this variance by the City Council. SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to said applicant. Approved and adopted this i9th day of August, 1963. yor I hereby certify that the foregoirJJresolution was duly adopted by the Council of the City of Azusa at a regular meeting thereof held on the 1.9th day of August, 1963, by the following vote of the Council: AYES: Councilmen: Cooney, McLees, Ortuno NOES: Councilmen Memmesheimer, Jackson ABSENT: Councilmen: None t.BSCIIIPT%L` i� i 1 • ,fit � That portion .of'Sii'UMbion No. is'Asirsa tL 04 and" Wyat�er Cor+ s ; as shown: oA ump . recotdad in 0ooR� 143s, fee 94; "Loa cellaneouei,.kecords of. Los, Angeles 00tMtg0'Ca tforaiai, d�baelriberd ,ae. foii+�ost • _ Lt�tei 19• A -$7s 39s'the North 800.,feet of Lot 4b, the North`,'80d feet of tat• 570 Loto.18s 509 60s 61',- 62'0 63, the north, one-half of Lot- Wand that-portioA of Lots-74 and 75 lying masterlS'end aorthorlye6 '.'of the wterly"and north* westerly, line o£. $tate Rig1way's-100 feet .vide'' os described ' in deed, to Stara of•Csiiforeia0.recorded.is Rook 14740, ?#90 l4, Official Records, of Los Angeles Coanty,, UG • that �Orcti�ro of Lot ,59 diiscilbed "'follows; Ccu"mia8 at,thg,southwest comet of. said Prat $90 thence northerly along the vestarly line of said 1.ot.•660-1 feet j' theme easterly • parallel to the. southerly liras of said. Lot 660 ferati'.thTmce aautherly parallel with .the westerly line of sate tot-660 feet to the southerly Lina thereoftj�,; thence westerly alopg.00td south rip Zine .660 feet to the ALSO' UC,Si" the '•lamd -'4'aci tbed it► Book 94825•'?*Sq gS► Official" Records of •Loan• Angeles Cont►tys cotrreped to the United States AL64'UMP.f'that•vor4op-of Lots 39,:40, 3.,7s 63 and 644s lying • , southaasterip0 saudrimgterlg and• eoutherip :of the :folloging , ;described linat . BOBina at 00 northweaterly.,-oo er-of Ttsci $o. 20971 ' .as-pax mag re4orded itY Rama $99ieig* 66 ruj=67 of 'Naps, records of Los Angeles Cotm%j thenct•North *69" 57. vests :333,00 feetY# thence 06uth 09 53s Westr •1106�eoti..theu►ce South, 670' •L • West* 726 feet thefrt4 ;South 5 10 Vests 849231 feet •-'thence Morth :71 -'W, Veit -2919, f�et. •mor& ,or less .'to o point tE►e'tvdetarip line of , said Lor 3�,; •' '' X fj II S Fes. ` r1 r 1 '• AZUSA SPREADING GROUNDS I D E V ELAPMENT PROPOSAL I I � � I AZUSA CITY PLANNING DEPARTMENT • JULY '63r4L__�N --_j I RIo �� f•� • '� •'�, ' PRO_P7OSE0 EXCAVATIONS �! I•/' �/' / / AZUSA AGR i Q r a \ PROPOSI PROCESSING J , V AREA de AMERICAN CYANAMID r 1 P Ci j no M2 /`/+ WATER CO. NO.4 e gD I 4PgRTMF I 1 PROPOSED I GOLF COURSE I I' I �I 1 1 IIPROPOSED --_-- -_ f__--_ I,IN_OU__S-TRI"'_ AL=� PROPOS I_ (M2) INDUST —4 M2 M2 NO. 3III' G C GLENDOR4 IRRI GATIN CC. GC GC tJ� Soot • Qp� POSSIBLE p' HIGH SCHOOL (33 acres) c PARK (6 acres) o I'ELEM Rib ' _ I R•p a I L � R,1, ,. tom• t �,.{ � Qp� POSSIBLE p' HIGH SCHOOL (33 acres) c PARK (6 acres) o I'ELEM "Plc I ak R •R qIR SITE R'< q'` I 1 l• AL (MI) RtlR a Rq RM{{{P a R RIR RIRI Ic �1��111 � k�lc l 'lelc ' q Ic ' a R C. Ql ..Q3R R3 �; R CONDITIONS TO BE ATTACKED TO AM VARIANCE ISSUED TO RODEFFER INDUSTRIES. INC. FOR THE PRODUCTION M PROCESSING OF ROCK, SANDS W GRAVEL UPON TIIE PROPERTY OF THE SAN GABRIEL RIVER SPREADING CORPORATION. A. HATER DEVELOPMENT 1. The present option from the San Gabriel River Spreading Corporation shall be exercised and the terms thereof continued in effect except to the extent any change may be agreed to by the City of Azusa. 2. No excavation shall be commenced in any of the proposed basins until the Los Angeles County Flood Control Districts Rodeffer Industries, Inc., and the City of Azusa have entered into a written contract satisfactory to the City providing among other things that the Flood Control District will accept title to the basins as excavations are completed and aill devote the same permanently to water spreading and conservation purposese Such agreement shall further provide that the Flood Control District will accept and spread Azusass water and water of the Azusa Agricultural dater Company for the City and the Agricultural Mater Company. Such spreading shall have first priority in the spreading operations of the Flood Control District, 7. All excavations shall be made in accordance with the precise plans for pits prepared by the Los Angeles County Flood Control Districts as now exists or hereafter may be amended. 4. Construction of all basins shall be at all times in conformance with and subject to the approval of the Flood Control District and the City of Azusa. The Lohman Dyke shall at all times be protected. If at any time clay is struck in the vicinity of the dykes no more excavating shall be done in that vicinity and representa- tives of the City and the Flood Control District shall be called to determine the natupof the deposit. If at anftime the Flood Control District feels that corrections should be made, all operations in the area in question will stop until the corrections have been made. If the Company feels it cannot comply with the Districts requests the matter shall be brought before the Azusa City Council for a final decision, 5. All waste mater discharged by operator shall be such as not to contiminate the ground water underlying the property. Any waste dater shall be returned to the ground above the Lohman Dyke, 6, The spreading of water at some sufficient place upon the subject property by the City, the Spreading Corporations the Azusa Agricultural Eater Company, the Committee of Nines or any authorised representative of any of theme shall be permitted to continue from this date until the Flood Control District actually commences spreading operations on the property, y, Any water well drilled by applicant to produce water for operations on subject property together with the pump and all well equipment shall be deeded to the City of Azusa without charge upon completion of the operations permitted hereunder, D. GOLF COURSE m BUFFER 1, No excavation operations shall commence in the proposed spreading basins until one of the following shall have occuredt A. A golf course shall have been developed and completed, the design of which shall have been approved by the City of Azusa or a contract awarded for the construction of such a golf course with a clause that the course will be completed within one (1) year of the awarding of said contract and a penalty clause stating that $50,00 a day will be paid to the City of Azusa for every day over one year it takes to complete said courses delays due to acts of God and labor e2. �... ;. •gtrife excepted. (1) The construction of the golf course and the final appearance of the golf course shall be comparable to that of the County golf course in Arcadia. (2) The golf course shall have 18 holes of at least 6000 yards in length, (3) The golf course shall have a club house which shall consist of but not be limited to the followings a pro shops a restaurants putting greens and shall have adequate parking for at least 1$0 cars, (4) All gonditions set on the conditional use permit allowing the golf course shall be considered as conditions of this variance, Be Applicant shall have offered to deed to the City of Azusa the entire golf course parcel for construction and operation of a public golf course by the City and shall have adequately land. scaped and shall thereafter maintain the strip between Crystal View Estates and the basins until the golf course is completed or the strip Is conveyed to the City as a park, Such parcel shall be deeded to the City with the express condition that unless the City commence construction of an eighteen hole golf course within two years from the date of the offer of the deeds the property shall forthwith revert to the Grantor and if a golf course use is commenced by the City but thereafter discontinued, the property shall revert to the Grantor, In case of such reversion Applicant shall deed to the City of Azusa that portion of the golf course parcel owned by Applicant and lying in Lots 63 and 64 easterly of basins No. 3 and Ho, 4* as a public park, In addition thereto Applicant shall deed to the City of Azusa for Park or buffer purposes additional acreage required by the City* not to exceed forty across owned by Applicant and lying adjacent to m3= Pasin No, 41p sout*nd southeasterly thereofewcluding the Lohman Dyke area, All the remainder of the golf course parcel would belong to Applicant to be developed under such zoning as may then be appropriate* 2* The triangular portion of Lot 38 which lies to the West of the Azusa Agricultural Vater Company property and the strip between Basin 4 and the Corps of Engineers property shall be deeded to the City of Azusa for future park and recreation use before excavation begins* 3* Design of operations shall permit a 100 foot roadway on the east riverbank opposite subject proportyg said roadway to be confined to Corps of Engineers property as much as possible* Any necessary dedication of strips of subject property to permit such a roadway shall be made when said road is to be built* 49 Provision shall be made by Flood Control District to permit the City lit utilize Basin $4 for recreational purposes to the extent such use is feasible and legal* $* The northeasterly portions of the subject property which are not now in the City shall be annexed to the City* C. ROCS OPERATIONS 1* Neither the operator or customers shall use Vernon Avenue or any street easterly of Vernon Avenue or the northerly prolongation thereof, for truck transportation of rock and gravel materials or material produced therefromp to or from the pre®ises, (This restriction Includes the return of empty trucks*) The operator and customers may use any street or right of way now or hereafter existing west of Vernon Avenue and easterly of the San Gabriel River, Any such access road shall be adequately grafted' hard surfaced and maintained by Applicant unless such access road is a public street or highway* 2* Applicant shall comply with all ordinances of the City of Azusa affecting the equipment installation or operations* -4- 9, Fencing shall be placed around the entire area ehere excavation is being or has been conducted and where any operations are being conducted, Said fencing shall be at least 7 feet high and shall consist of six feet of fencing and one foot of three strand barb wire at the top, 4o Screen planting shall be installed and maintained in good condition by Rodeffer Industries, A precise plan showing said screen planting and the types of plants and trees to be planted shall be submitted and approved by the City Planner and the Director of Public morkso Screen planting will be required but not restricted to the east and south sides of the property covered by this variance, $, Operating hours shall be from 6s00 AM to 1Os00 PM Monday through Friday and 6,00 AM to 5s00 PM on Saturday, Ifs after the plant has been in operation for six monthas it is found by the City Council that the operation or trucks connected therewith cause substantial annoyance by reason of noise to any existing residential zone in the City of Azusa between the hours of 6100 AM to 7100 AM or 7100 PM to 10,00 PMs the operation of the crusher will be limited to the hours of 7s00 AM to 7:00 PMo There shall be no plant operation or excavation on Sunday or the following Holidays, igen Years Days Memorial Days the Fourth of Julys Labor Days Thanksgiving Day and Christmas, 6o Pit trucks will be required to be muffled after 60 days or more of starting quarrying operations if it is deemed necessary by the City of Azusa, 7, All trucks and other equipments whether they be the property of the operators or of subcontractors shall he equipped with mufflers to limit sound emission to the greatest extent practicable with standard obtainable equipment, 8, All reasonable and practicable means shall be employed to contzol and reduce dust to a minimum and so as not to cause a nuisance or annoyance in any residential area, 9, All roads from the pits to the crusher area shall have a base of decomposed granite or crushes run base and shall be kept watered down at all times, if after a period of 90 days or more after the start of quarrying operations this is not found to be adequate by the City of Azusa$ Rodeffor industries will at least oil these roads nAd keep then in constant repair, loo Tho primary crusher shall be located completely under ground level and no part of the plant shall exceed thirty-ffivo feat In height, except for stockpiles and the belt end feeding thorn, Stockpiles shall be located on both the entire east and west sides Of the pliant itselfs and shall be normally maintained to a hoight of at least 25 feet at all times from ninety days after starting quarrying operations, 11. There shall be no blasting of any kind on this property, 12, Operator shall so conduct its operations and.repoxt its sales as to cause the ©aximum amount of taxable sales to be troated as sales within the City of Azusa far scales tax purpos®so Tho operator agrees to either submit to the City of Azusa a eortifi®d statomant by an independent auditor or allow the City of Azusa to auadiL tba follcriing Information within eighty (80) days aftertt�°o close of/theisr fiscal (1) Total cubic yards and/or tons of rock products shipped from the Azusa plant during that fiscal year, ----- plant. (2) The total sales arising from production at tho Aausa -- (3) A break down of all non-taxable sales, 13. All needed electric power shall be purchased from the _4_, City of Azusa if available, 140 No excavation shall be created which creates a slope steeper than i,s feet horizontal to 1 foot vertical, 1$* The operator shall file and constantly maintain with the City Clerk a copy of a liability insurance policy in the amount of at least $1000000/$$009000 and $100*000 property damage with a rider that the City of Azusa will be co-insured and notified by the insurance company at least sixty (60) days before any cancellation, 16* All equipment that night produce dusts exhaust fumes and/or smoke will be installed under the supervision of the Air Pollution Control District, Rodeffer Industries upon completion of the installation of their equipment will deliver to the City of Azusa a certificate of compliance* 17, Inspections to check any of the conditions hereby Imposed shall be allowed at anytime without prior notice, 18, Any violation of any condition shall cause the operations causing the violation to be completely shut down im odiately until remedies are made that bring it into compliance with such conditions, 19, This variance aompeNUM& shall not be effective until the applicant shall have signed and returned to the City a copy of this resolution indicating its approval and acceptance thereof subject to all the conditions herein set forth* A