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HomeMy WebLinkAboutResolution No. 85530 0 RESOLUTION NO. 8553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING RESOLUTION NO. 3546 AND MODIFYING THE CONDITIONS OF APPROVAL THEREIN FOR THE SPECIAL USE PERMIT FOR AZUSA ROCK COMPANY QUARRY THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. On November 27, 1956, the City Council of the City of Azusa adopted Resolution No. 3546 approving Special Use Permit to allow a rock quarry operation on the subject property, located at 3901 Fish Canyon Road and further described therein, subject to certain conditions of approval. B. On March 21, 1988, the City Council of the City of Azusa directed the Planning Commission to hold hearings on the possible revocation of said special use permit. C. The Planning Commission held duly noticed public hearings on April 20, 1988, June 8, 1988, August 3, 1988 and September 7, 1988, concerning problems on the quarry site and whether the special use permit should be revoked. D. At said hearings before the Planning Commission, many persons testified and documents were received into evidence. E. On September 7, 1988, the Planning Commission adopted Resolution No. 2602 recommending to the City Council that the Special Use Permit be revoked. F. On October 3, 1988 and November 21, 1988, the City Council of the City of Azusa held duly noticed public hearings concerning problems on the site and whether the permit should be revoked. In addition, the notice of the public hearing for November 21, 1988, also specified that the Council would consider potential mitigation measures for the site in addition to revocation. At said hearings before the City Council the Council received into evidence documents received into evidence by the Planning Commission as well as verbatim transcripts of the Planning Commission hearings prepared by a Court Reporter. At said hearings before the City Council the Council also received the testimony of many persons and many documents in addition to those received by the Planning Commission at the Planning Commission hearings. The Council members reviewed all the evidence and testimony presented at both the Planning Commission and City Council hearings. 12/9/88 PMT/RES5631 • • SECTION 2. The City Council of the City of Azusa further finds, determines and declares that: A. Airborne dirt and dust from the quarry operations on the hillsides and from heavy truck traffic on Encanto Parkway has bothered neighboring residents of the quarry. Air quality studies conducted by Azusa Rock and City of Duarte have produced contradictory evidence as to the extent of this problem which is attributable to the Azusa Rock Quarry operations. Consultants hired by Azusa Rock prepared a study that indicated that prevailing wind patterns into the Foothills and other onsite factors result in minimal dust emissions outside of the subject property. Consultants hired by the City of Duarte contended that this study seriously underestimated air emissions from Azusa Rock which impact nearby residents. Although the South Coast Air Quality Management District has received occasional complaints about the quarry, Azusa Rock has not received any citations from the SCAQMD for dust emissions since 1986. B. Heavy trucks traveling to and from the Azusa Rock Quarry along Encanto Parkway have posed traffic hazards for residents of adjoining neighborhoods. Traffic studies appear to indicate that the level of traffic on Encanto Parkway does not exceed the carrying capacity of the road. However, testimony has been received that the truck traffic, especially in the early morning hours, is a disruptive influence on the residents who live adjacent to Encanto Parkway. C. The quarrying operations on the subject property and the resulting truck traffic have resulted in noise impacts on surrounding properties. Noise from the quarrying activities on the subject property are often difficult to separate from other background noise, but mining on the hillside creates noise levels audible from increased distances. Heavy truck traffic on Encanto Parkway results in high noise levels, but state laws prohibit cities from enforcing their noise ordinances on traffic on public streets. D. The stability of the hillside areas has been questioned due to the existence of nearby geologic fault zones and the experience of slope instability on other similar areas. Geological studies performed so far have proven to be inconclusive in determining whether any lack of slope stability is present on the subject site which could present a public safety problem. E. The scar on the hillside created by the quarrying operations on the subject property is visible at times across the San Gabriel Valley. In areas in close proximity to the foothills, the scar is so prominent as to become a dominant physical characteristic of the entire hillside. -2- 12/9/88 PMT/RES5631 • • F. The problems identified in subparagraphs A through E, inclusive, alleged public health and safety problems, can be mitigated to acceptable levels by the conditions set forth in Section 3 of this Resolution based upon the information available to the City at this time. SECTION 3. Based upon the findings set forth in Sections 1 and 2 above, Resolution No. 3546 and the Special Use Permit described therein are hereby amended to add the following conditions to said resolution and permit: A. Plant operating hours, except for trucking operations on Encanto Parkway, shall be Monday through Saturday from 6:00 a.m. to 10:00 p.m., with Sundays and holidays closed, except that operations on Sundays may be approved by the City on a case by case basis. Maintenance and repair do not constitute plant operations. B. 1. In order to remove truck traffic from Encanto Parkway, quarry materials shall be transported across the San Gabriel River for processing at existing processing facilities along the east bank of the River, using two methods, subject to environmental analysis: a. Via conveyor belt, and b. Via trucks using a new road, with the preferred alignment being across the River, traversing southwesterly along the east bank of the River and connecting to Foothill Boulevard. The road shall be constructed in accordance with Los Angeles County and U.S. Army Corps. of Engineers' requirements, including but not limited to providing a grade separated interchange at the existing bike trail. 2. The new road and conveyor belt, which will remove truck traffic from Encanto Parkway except when the River is impassable, shall, subject to all necessary approvals by governmental agencies, be constructed within one year at no expense to the City of Azusa. If it is determined within one year of approval of this resolution that the road across the River is not feasible, or the resulting environmental impacts cannot be adequately mitigated, Fish Canyon Road shall be re- aligned around Van Tassel levee at no expense to the City, as a mean of reducing truck noise. If the new road and conveyor described in Subparagraph B.1. are installed, no trucks going to or coming from the subject property shall be allowed to use Encanto Parkway except in emergencies or if the river is impassable. A monthly progress report shall be submitted to the City regarding implementation of this condition. 3. In the event that trucks use Todd Avenue as a result of Azusa Rock's processing of material at existing processing facilities, a pavement -3- 12/9/88 PMT/RES5631 • • maintenance fund of $10,000 per year, annually adjusted for inflation, shall be established by Azusa Rock to fund pavement maintenance and rehabilitation of Todd Avenue. This fund may be used by the City at any time for the stated purpose. In addition, Azusa Rock shall maintain Todd Avenue free of dirt, dust and rock by providing daily street sweeping. C. 1. If trucks operate on Encanto Parkway, the following truck operating hours shall be in effect: a. For the first 12 months following approval of these additional conditions of this conditional use permit: 6:00 a.m. to 6:00 p.m., Monday through Friday. b. After the initial 12 month time period: 7:00 a.m. to 6:00 p.m., Monday through Friday. 2. The rate of transportation on Encanto Parkway shall at no time exceed 20 truck loads per hour up to 5 p.m. and 10 truck loads per hour between 5:00 p.m. and 6:00 p.m. No trucks shall be allowed to arrive earlier than 15 minutes prior to 6:00 a.m. during the first 12 months, or earlier than 30 minutes prior to 7:00 a.m. thereafter, or after 6:00 p.m. There shall be no truck traffic on Saturday, Sunday or holidays, except in the event of an emergency. D. All quarrying activities shall be within the subject property boundaries. The temporary access road west of the gun club property shall be realigned to a location completely within the boundaries of the subject property, and revegetation and reclamation of the damaged area of the adjacent property shall be commenced in six (6) months. Upon completion of realignment or within one (1) year, whichever is sooner, an aerial photograph of the subject property with the property lines delineated shall be submitted to the City for future monitoring. E. Dust control measures shall meet or exceed those required by the rules and regulations of the South Coast Air Quality Management District, including the following: 1. All access roads, including the areas of excavation, and cat tracks, shall be watered down regularly to control dust. The shoulder of Fish Canyon Road and Van Tassel levee and the areas around the plant, shall be watered down using dust palliatives. 2. The road from the scale to Fish Canyon Road shall be paved. -4- 12/9/88 PMT/RES5631 12/9/88 3. All trucks shall be watered and washed down before they leave the quarry site. 4. All watering equipment shall be checked and tested every six months. 5. Regulation 13, New Source Review, of the SCAQMD regulations shall be complied with at all times. F. In order to improve the aesthetics of the quarry operation the excavation approach shall be modified such that the cut slopes will be oriented to the west, away from the Valley. In addition, revegetation and reclamation shall occur on an ongoing basis, with special emphasis on the cut slopes now visible from the valley. G. A geotechnical report shall be prepared and submitted to the City within one (1) year, indicating drainage patterns and the maximum allowable slope angle in order to protect the public health, safety and welfare, as well as to encourage soil deposition to assist in reclamation and re -vegetation. H. All areas of operation shall be fenced with chain link. A fencing plan shall be submitted for City approval. I. The conditional use permit regulating the quarry shall be in effect for twenty-five (25) years following the date of approval of this resolution, which shall be renewed for another twenty-five (25) years if there is substantial compliance with the conditions of approval. Thereafter, Azusa Rock may apply for extension of the use permit. The conditional use permit regulating the operation of the quarry shall be reviewed every two years by Staff and the Planning Commission for compliance with these conditions, which will be subject to a duly noticed public hearing with any action of the Planning Commission appealable to the City Council within twenty (20) days of the action. J. Explosives shall be used only as a last resort after other excavation methods prove infeasible and shall be reported and approved in advance by City Staff on a case by case basis using, the U.S. Bureau of Mines Bulletin 656. K. Public access to Fish Canyon Falls shall be restored in accordance with a negotiated settlement between the U.S. Forest Service and Azusa Rock. L. Azusa Rock shall file with the City within ninety (90) days a site plan showing the location and capacity of existing and proposed equipment. The use of additional equipment or any intensifi- cation or significant change of location of operations shall not be permitted without first -5- PMT/RES5631 obtaining a Precise Plan of Design on each occasion. M. A reclamation fund shall be created, to be jointly managed by the City and Azusa Rock, for the purpose of reclamation. Azusa Rock shall con- tribute a minimum of $.02 per ton to this fund. All interest earned shall accrue in the fund. N. Conditions of approval for Resolution No. 3546 which are not in conflict with those listed in subparagraphs A through M, inclusive, of this Section, shall remain in full force and effect. SECTION 4. The City Council of the City of Azusa finds and determines that this action is categorically exempt from the provisions of the California Environmental Quality Act pursuant to the regulations set forth in Sections 15307, 15308 and 15321 of Title 14 of the California Administrative Code and other applicable law. Additionally, the Council finds that this action will have no adverse effect upon the environment. The Director of Community Development shall forthwith file a "Notice of Exemption" with the County Clerk and the state office of Planning and Research. SECTION 5. Section 1094.6 of the California Code of Civil Procedure shall be applicable to the actions of the Council set forth in Section 3 hereof. Although the City of Azusa is the applicant in this proceeding, the City Clerk shall nevertheless send a certified copy of this resolution to Glenn R. Watson, Esq., on behalf of Azusa Rock Company; Marlene A. Fox, Esq., on behalf of City of Duarte; and to Carol Montano, President, of Committee to Save the Foothills; at the addresses described in testimony before the City Council. Such mailing shall constitute notice to said persons in accordance with Code of Civil Procedure Section 1094.6 that any action to review this decision of the City Council in a court of law shall be commenced not later than the ninetieth (90th) day following the adoption on this resolution. SECTION 6. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day Of December , 1988. Lh11`Z� MAYOR I HEREBY CERTIFY that the foregoing duly adopted by the City Council of the City regular meeting thereof, held on the 19th day 12/9/88 Resolution was of Azusa at a PMT/RES5631 . • of December 1988, by the following vote of the Council: AYES: COUNCILMEMBERS AVILA, STEMRICH, NARANJO NOES: COUNCILMEMBERS LATTA, MOSES ABSENT: COUNCILMEMBERS , NONE -7- 12/9/88 0 0 AGREEMENT TO AMENDMENT OF RESOLUTION NO. 3546 AND MODIFICATION OF CONDITIONS OF SPECIAL USE PERMIT Azusa Rock, Inc. is the permittee under Resolution No. 3546 and is conducting a quarry operation pursuant to said Resolution,- The esolution; The City Council of the City of Azusa .is consiaering the adoption of a resolution entitled A Resolution of the City Council of the City of Azusa Amending Resolution No. 3546 and Modifying the Conditions of Approval therein for the Special Use Permit for Azusa Rock Company Quarry, numbered _Ars-3 , Section 3 of which would add 14 additional conditions, A to N inclusive. The addition of such conditions would resolve the problems that have arisen between the City and Azusa Rock, Inc. with respect to such permit, including the proceedings with respect to the revocation or modification of said permit. NOW, THEREFORE, Azusa Rock, Inc. hereby assents to the aaoption of said Resolution No.gey and the amendment thereby of Resolution No. 3546 and accepts the conditions set forth therein as additional conditions to said permit. Executed on December 19, 1988 at Azusa, California. AZUSA ROCK, INC. President STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On December 19, 1968, before me the undersigned Lis personally appeared Thomas Sheedy,"President of the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf= of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. VITNESS my • and official AEOUPH A. SOUS L46 ARGUES ONJNMTY �fLL 4S _ • _ _ 9,