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HomeMy WebLinkAboutResolution No. 86260 0 0 0 RESOLUTION NO. 8626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING RESOLUTION NO. 4520 MODIFYING THE CONDITIONS OF APPROVAL THEREIN FOR ROCK PROCESSING FOR THE OWL ROCK PRODUCTS COMPANY PROPERTY 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 August 19, 1963, the City Council adopted Resolution No. 4520 granting a variance to permit the excavation and removal of rock, sand and gravel and the processing and sale thereof upon the property described in an attachment to Resolution No. 4520 ("Subject Property"). The Subject Property is currently leased to and occupied by Owl Rock Products Co. and is generally located at 1201 N. Todd Avenue, Azusa, California. B. The Applicant, Owl Rock Products Co., seeks to confirm its authority under Resolution No. 4520 to bring rock quarried on other property to the Subject Property for processing. C. The Planning Commission held a duly - noticed public hearing on March 29, 1989, concerning the application of Owl Rock Products Co. and the conditions to be imposed on such a request. D. On March 29, 1989, the Planning Commission adopted Resolution No. 89-20, recommending to the City Council that the application of Owl Rock Products Co. be approved and that the Council impose a number of conditions upon the project so as to mitigate any adverse effects it might have upon the surrounding areas. E. On May 1, 1989, the City Council of the City of Azusa held a duly -noticed public hearing concerning the application of Owl Rock Products and the recommendation of the Planning Commission. At said hearing, the Council received into the record documents and testimony submitted by the staff and members of the public. The Councilmembers have reviewed all of the evidence and testimony presented at both the Planning Commission and City Council hearings. F. The additional rock material which would be brought onto the Subject Property pursuant to the terms and conditions of this Resolution, will not change the plant operations on the Subject Property nor affect the surrounding areas. The quantity of offsite material which will be processed will be less than the quantity of onsite material which has normally been processed. With 5/16/89 PMT/RES8970 0 0 0 0 the conditions of approval set forth in this resolution, no adverse effects will occur on the surrounding areas as the conditions impose mitigation measures which will substantially avoid, if not eliminate, impacts on the surrounding areas. Moreover, the area to the west of the Subject Property is within the jurisdiction of the United States Army Corps of Engineers which will also approve the proposed project and regulate use of the area to the west of the Subject Property. G. Resolution No. 4520 permits the processing and sale of rock, sand and gravel products upon the Subject Property. This amendment to Resolution No. 4520 is necessary to clarify the manner in which the processing of rock material extracted from offsite areas must be handled. The terms and conditions of this Resolution are consistent with the terms and conditions of Resolution No. 4520. H. Based upon the foregoing findings, the City Council finds and determines that the terms and conditions set forth in this Resolution are justified by good zoning practices and are necessary for the health, safety and general welfare of the community. SECTION 2. The City Council of the City of Azusa hereby confirms the authority of the Applicant and the owners and successor owners of the Subject Property to process rock, sand and gravel upon the Subject Property pursuant to Resolution 4520 where such materials are quarried elsewhere and brought onto the Subject Property and hereby authorizes such processing subject to the following conditions: A. All necessary permits shall be obtained. B. All construction shall comply with the plot plans submitted. C. The Subject Property shall be maintained in a clean, neat and acceptable condition at all times. All buildings and walls shall be maintained in good repair at all times. Any graffiti or offensive markings shall be removed immediately. D. A fee of Two Hundred Fifty Dollars ($250.00) shall be paid to the Planning Division for implementation of the monitoring program of the required environmental mitigation measures. E. Hauling across the river shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. F. In the event that trucks use Todd Avenue as a result of the processing of materials on the Subject Property, a pavement maintenance fund of Ten Thousand Dollars ($10,000.00) per year, annually adjusted for the cost of living increase, shall be established and maintained by the Applicant to fund pavement maintenance and -2- 5/16/89 PMT/RES8970 0 0 0 rehabilitation of Todd Avenue. This fund may be used by the City at any time for the stated purpose. G. The existing roadway across the San Gabriel River (hereinafter "Roadway") may be utilized for two (2) years from the date of this Resolution. H. The Roadway shall be marked by monument posts at 25 -foot intervals on both sides of the Roadway through the alluvial scrub habitat to assure that the Roadway is not changed or widened. The Roadway shall be watered (in accordance with the terms of Section 2.J.) on a frequent basis sufficient to prevent dusting of vegetation. The vegetation within twenty-five (25) feet of the Roadway shall be washed twice per month. I. The Applicant shall revegetate the Roadway after operations are curtailed at the end of two (2) years. A revegetation plan shall be submitted to the Director of Community Development for his approval within six (6) months of the date of this Resolution and shall include such features as soil cultivation, revegetation (plant palate and replanting techniques), arundo/weed control, and the time for implementation. J. The use of a biodegradable, nontoxic product, such as Coherex, shall be used for dust control since the Roadway will be eventually revegetated. Measures shall also be taken to keep trucks in proper operating condition sufficient to minimize vehicle fluids leaking onto the Roadway and into water supplies. K. In order to assure that no air quality impacts will occur, the Roadway surface shall be stabilized sufficient to sustain a high degree of emissions control. Hauling activities shall not occur when wind conditions are such that they may carry dust emissions toward Azusa, Duarte and Irwindale receptors. Regular watering and scheduled treatment with a soil binding agent (in accordance with Section 2.J.) shall be used to keep the road dust lofting rate within the fugitive dust TSP Impact Standard set by the Air Quality Management District. L. The Applicant shall provide a flagman at the bike and equestrian trail intersections with the Roadway during all hours of operation and shall ensure that truck speeds are limited to twenty (20) miles per hour. The Applicant shall post and maintain signs within two hundred (200) feet of each side of each of the trail intersections to warn trail users of the potential danger, and may install electric barricades to be operated by the flagman to ensure against such accidents. M. The action approved by this Resolution shall result in no additional increases in truck trips along Todd Avenue over the June, 1986 to March, 1988 levels. The Applicant shall not exceed seventy thousand (70,000) tons per month of offsite -3- 5/16/89 PMT/RES8970 0 0 0 0 material for processing on the Subject Property as this amount will bring the level of material processed and transported back to the levels of operation experienced on the Subject Property prior to April, 1988. Applicant shall pay to the City the costs of monitoring truck traffic on Todd Avenue for a maximum of six months. Additionally, an accurate measure for measuring the new tonnage of material brought onto the site shall be established by the Applicant within ninety (90) days of the date of this Resolution, subject to the approval of the Director of Community Development. N. The Applicant shall be responsible for maintenance of the paved bikeway within the Subject Property and shall routinely repair any damage caused by vehicles crossing the bikeway within three (3) working days of notice of such damage. Approvals to cross the equestrian trail shall be obtained from the Los Angeles County Department of Parks and Recreation and to cross the bike trail from the Los Angeles County Public Works Department. O. The terms and conditions of this Resolution shall not be effective unless and until the Applicant files with the Director of Community Development a duly executed document in recordable form acceptable to the Director of Community Development, establishing a buffer area along the easterly side of the Subject Property adjacent to the location of the processing plant in order to provide a buffer of the processing plant area from other land uses in the vicinity of the Subject Property to replace the golf course buffer of the excavation area which will have served its purpose when excavation of the basins has been completed. The buffer as described in this subsection shall remain in effect for so long as the rock processing plant is in operation on the Subject Property. The buffer shall be on the area described on Exhibit A, which is attached to this Resolution and is incorporated herein by this reference as though set forth in full. The property owner shall keep and maintain the existing landscaping in the buffer area in a neat and clean condition and shall replace any dead or damaged vegetation with plant material equal to or better than existing plant material. SECTION 3. Resolution No. 4520 is hereby amended to include the terms and conditions of this Resolution. Except as explicitly modified by this Resolution all other terms and conditions of Resolution 4520 shall remain in effect. SECTION 4. Section 1094.6 of the California Code of Civil Procedure shall be applicable to the actions of the Council set forth in this Resolution. The City Clerk shall send a certified copy of this Resolution to the Applicant and all persons who spoke at the public hearing at the addresses described in the testimony before the City Council. Such mailing shall constitute notice to said persons in accordance with Code of Civil Procedure § 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 (90) day following the adoption of this Resolution. -4- 5/16/89 PMT/RES8970 0 0 0 SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 15th day of May , 1989. MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof, held on the 15th day of May , 1989, by the following vote of the Council: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS AVILA, STEMRICH, NARANJO NONE ABSENT: COUNCIL MEMBERS NONE ABSTAIN: COUNCIL MEMBER LATTA, MOSES ITY CLERK -5- 5/16/89 PMT/RES8970 I c DETAIL E �` Scale: !'=30' �<c.s.�� e - F 3`• 40.. - -.....ss�. bc- ALAYT S Tw &-3733-.6.% Q - N • r I -• rl * + j N-413 01 i 3G i40. - - - - 40 . N. 70 SENT BY:Xerox Tel ier 7020 5— 3-89 4:15PM • 213�0078� 818 334 5484:9 3 rain W •ra ii P.3 i Said buffer strip is described as tallows, beginning at a point on the westerly line of Lot 40 as. Shown on said Map of Subdivision No, 20 Azusa land and Water Company, distant Korth 0' 071 44" Zest So feet thereon from the southwesterly corner thereof, said point being on a curve concave to the South, having a radius of 11750 feet, said curve being the Northerly sideline of Sierra Madre Avenue; thence easterly along said curve through a central angle of 9, 031 08" an are distance of 276.48 feet; thence North 6. 171 17" West 100.78 feet; thence North 7' 431 36" East 922.54 to thence North 89. 541 50" West to a point in a line parallel with and distant 200'feet easterly at right angles from said westerly line of Lot 40; thence North 0' 071 44" East to point that is South 71' 41' 40" East from a point on the westerly -line of Lot 39 260 feet northerly from the southwesterly corner of said Lot 39; then North 71' 41' 40" West to said point on the westerly line,of Lot 39, thence southerly along said westerly line and the westerly line of Lot 40 South 0' 07' 44" West 3,528 feet to point of beginning.