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HomeMy WebLinkAboutResolution No. 8980RESOLUTION NO. 8900 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING CONDITIONAL USE PERMIT NO. C-89-20 AND PRECISE PLAN OF DESIGN NO. P-89-181 FOR A CONVEYOR SYSTEM AND TRUCK HAUL ROAD FOR AZUSA ROCK COMPANY, 3901 FISH CANYON ROAD THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTIO 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. An application has been filed by Azusa Rock Company for a conditional use permit and precise plan of design to construct and operate a conveyor system and truck haul road to transport rock from a quarry operated by Azusa Rock Company on property located at 3901 Fish Canyon Road. B. A duly noticed public hearing on the application for the conditional use permit and the precise plan of design was held by the Planning Commission of the City of Azusa on October 10, 1990. After considering all of the evidence submitted at the public hearing, the Planning Commission adopted Resolution Nos. 90-89, 90-90 and 90-91 certifying that the Environmental Impact Report No. EIR-89-3 had been prepared in accordance with the requirements of the California Environmental Quality Act, and approving Conditional Use Permit No. C-89-20 and Precise Plan of Design No. P-89-181. C. On October 15, 1990 the City Council appealed the Planning Commission's decision on this project without expressing any opinion as to the merits of the Project in order to address the important public issues raised by this project. D. On December 3, 1990 the City Council of the City of Azusa held a duly noticed public hearing on the proposed project. At said hearing the Council received documentary evidence and heard testimony from members of the public. SECTI 2. Having carefully considered all of the oral and written evidence presented to it at said public hearings, the City Council finds, determines and declares that: A. The proposed conveyor system and haul road is a component of the Azusa Rock Quarry operations, yet must be reviewed on its own merits. The construction and operation of this system would act as a mitigation measure for the existing quarry, by greatly reducing the dust, noise and traffic impact associated with the current quarry truck traffic 12/11/90 along Encanto Parkway and truck traffic from other rock operations onto Todd Avenue. B. The improvements in these areas -of environmental concern substantially offset the minor impacts created by the project. The mitigation measures described within the EIR and which are attached hereto as conditions for the project would reduce almost all of the potential impacts of the project to a level of insignificance. The result of the operation of the conveyor system and haul road would be an overall environmental improvement on this sensitive area of the San Gabriel Valley. C. The approval of this project which creates an improved environment would benefit the public peace, health, safety and general welfare and is consistent with the principles of environmental protection and good zoning practices. D. This project is consistent with the general plan of the City of Azusa and with each of the elements thereof. E. By the adoption of Resolution No. 8979 prior to the adoption of this Resolution, the City Council has reviewed, approved and made certain findings with respect to the final environmental impact report prepared with respect to this project. SECTION -1. The City Council of the City of Azusa further finds that the mitigation measures which will be incorporated into the project will avoid or substantially lessen most of the significant impacts identified in the FEIR. However, specific economic, environmental and other considerations, set out specifically herein, make it unfeasible to avoid or substantially lessen through the use of mitigation measures certain significant effects identified in the FEIR. Therefore, the City Council finds that the significant affects and/or adverse impacts are unavoidable for the reasons set forth below. The City Council further finds that the benefits of the proposed project will outweigh the adverse environmental effects which have been found to be unavoidable. Based on this finding, the rationale for which is set out below, the City Council finds that the unavoidable adverse impacts are acceptable. The following findings set forth the analytical basis for these findings. A. With respect to the project, the following are significant adverse affects of the project which cannot be fully mitigated, at this time, to a level of insignificance: (1) The proposed project would remove approximately 5.6 acres of Riversidean Alluvial Sage Scrub, 0.2 acre of Riparian Scrub, 0.1 acres of Riparian Forest, 0.3 acre of stream bed and 32.3 acres of Ruderal (disturbed) habitat. The mitigation measures for this impact include a conservation -2- 12/11/90 pmt:RES777810 easement to be established on the project applicant's property to at least partially compensate for the loss of Alluvian Sage Scrub habitat. Also, a conceptual revegetation plan shall be developed by the project applicant and implemented pursuant to the California Department of Fish and Game requirements to compensate for the loss of the Riparian habitat. (2) Project induced vegetation losses described in subparagraph A could contribute to the loss of declining wildlife species such as the San Diego Horned Lizard, Bewick's Wren and Cactus Wren. The mitigation measures set forth in subparagraph A should assist in substantially lessening the impact of this condition. (3) Project construction could entail the remote possibility of fuel spills in the San Gabriel River which could impact vegetation and wildlife significantly. The mitigation measure includes the project applicant ensuring that construction vehicles are well maintained and in efficient working order so as to minimize potential oil or fuel leakage. Although the possibility of such an event occurring is remote, if it does, the occurrence could be significant. Additionally, the diversion of the trucks off of Encanto Parkway and the Foothill Boulevard bridge reduces the traffic conflict on those roadways and reduces the risk of a traffic accident which could cause a significant spill. (4) The proposed haul road and conveyor system appear to cross remnants of the National Old Trails Road in a former bed of the Pacific Electric Interurban Railroad Line. The mitigation measures require the haul road and conveyor should be limited to locations where the old road may have already been destroyed by existing road facilities and guardrails should be erected along the haul road adjacent to the Old Trails Road. Also, the conveyor system should be designed to span the Old Trails Road and Pacific Electric Railroad bed and the railroad bed should be thoroughly documented prior to any direct impacts due to haul road construction. (5) The conveyor system would not substantially alter views from residential areas, but would alter the visual character of a portion of the nearby recreational trails. The mitigation measures require project structure such as conveyor trusses, transfer stations, etc., shall be painted with one or more nonintrusive colors (e.g., beige or gray) that blend into the surrounding landscape. The impact is not significant to persons -3- 12/11/90 pmt:RES777810 0 0 within the surrounding area, however, trail users may perceive the conveyor as a significant visual intrusion. B. The Council further finds and determines that the following significant benefits will result from the proposed project: (1) The project would improve the transfer of raw materials from the quarry site to existing processing plants. (2) Removal of truck traffic from Encanto Parkway would reduce currently perceived land use conflicts with Duarte residences. (3) The proposed project would redistribute existing truck traffic which would reduce traffic volumes on Encanto Parkway on the west city limits adjacent to Duarte and on`Todd Avenue on the east within the City of Azusa. Intersection operations at Foothill Boulevard and Irwindale Avenue would not be substantially changed. (4) The proposed project will be consistent with the Air Quality Management Plan. (5) Long-term economic productivity in the San Gabriel Valley region would be enhanced since the project would enable the continued exploitation of available aggregate resources, thereby supporting continued economic growth in the region. Without a ready supply of locally available construction aggregate, the importation of comparable quantities of aggregate from outside the region would result in other adverse environmental impacts, and substantially higher construction costs that would ultimately be borne by home buyers, renters and business organizations. (6) The project would contribute to the preservation of jobs in the City of Azusa. (7) Following the eventual depletion of aggregate resources that can be economically recovered from the area within which the project is located, the area would be returned to a natural or near -natural state pursuant to the reclamation and revegetation plans estab- lished for the existing quarry sites. These programs would augment the natural long-term reestablishment of native vegetation. Thus, unlike urban development activities which preclude eventual reclamation, the proposed project would allow for the ultimate restora- tion of natural habitat and biological productivity. C. The City Council has balanced the project benefits described herein against the unavoidable environmental risks described herein and finds and -4- 12/11/90 pmt:RES777810 0 • determines that the unavoidable environmental risks are acceptable given the fact that the project benefits outweigh the unavoidable risks. SECTION A. Based upon the findings set forth in Sections 1, 2,and 3 above, the City Council of the City of Azusa hereby approves a Conditional Use Permit No. C-89-20 and Precise Plan of Design.No. P-89-181 subject to the conditions of approval attached hereto as Exhibit A, and incorporated herein by this reference as though set forth in full. SECTION 5. Section 1094.6 of the California Code of Civil Procedure shall be applicable to the actions of the Council as set forth in this resolution. The City Clerk shall send a certified copy of this Resolution to Thomas Sheedy, president of Azusa Rock Company and to Glenn R. Watson, Esq, attorney for Azusa Rock Company at the addresses of said persons as set forth in the record 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 of this resolution. SECTION 6. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of Dtarret b", ► 1990. i 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 17th day of - Deoenber , 1990, by the following vote of the Council: AYES: COUNCILMEMBERS DANS, STFMCH, NOES: COUNCILMEMBERS ALEXAMER, MOSES ABSENT: COUNCILMEMBERS 12/11/90 pmt:RES777810 -5- 0 0 Exhibit ow, C-89-20 & P-89-181 Azusa Rock Conveyor system and Access Haul Road 1. All requirements of the Planning Division shall be met, including but not limited to the following: a. The approval' hereby granted is conditional upon the privileges being utilized within six (6) months after the effective date thereof and if they are not utilized or construction work is not begun within said time and carried on diligently in accordance with conditions imposed, this approval shall become void and any permission or privilege granted hereby shall be deemed to have elapsed. b. All uses shall comply with Chapter 8.58 of the Azusa Municipal Code. C. All necessary permits shall be obtained. d. All applicable Building Department and Fire Department requirements shall be met at all times. e. All construction and uses shall be in conformance with the plot plan submitted. f. All handling and storage of hazardous waste, materials, or chemicals shall be in accordance with all applicable State, Federal, or local laws. g. Subject conditional use permit shall be reviewed within two(2) years by the Community Development Department and a written report shall be submitted .to the Planning Commission for their review. 2. All requirements of the Building Division shall be met, including but not limited to the following: a. All plans shall be checked by a registered civil engineer attesting to the project's conformance with all energy conservation standards, as applicable. b. Applicant shall furnish three (3) complete sets of structural, mechanical, electrical, and plumbing plans for plan check submittal. C. Two (2) copies of electrical and mechanical plans as required shall be designed and signed in ink by a registered electrical engineer. d. Applicant must request plumbing, electrical, and mechanical plan check when submitting construction plans. e. Applicant recognizes that approval granted is for planning and zoning only. owner is obligated to meet all Building Code Requirements, and is obligated to do whatever necessary to bring the structure in compliance with applicable City -adopted Uniform Codes. f. Submittal necessary approvals from other agencies. 3. That all conditions of the Light Department shall be not, including but not limited to the following: a. Contact Light Department as soon as possible for specifications, requirements, and need electric panel location. Page 1 of 5 0 0 Exhibit A C-89-20 & P-89-181 Azusa Rock Conveyor System & Access Haul Road Page 2 of 5 4. That all mitigation measures Report No. EIR-89-3 shall be limited to the following: Mitigation Measures of the Environmental Impact implemented including but not Soils/Geology 1. In conjunction with final project design, the project applicant shall complete a detailed geotechnical study to establish design requirements for the seismic safety of elevated conveyor structures and the proposed tunnel for the re- aligned bicycle/equestrian trail. Biological Resources 2. In order to mitigate the loss of alluvial sage scrub, an equivalent area of the project should be set aside in a conservation easement. In order to accomplish this objective, a study to determine the actual removal of the sage scrub based either on preliminary engineering drawings or as -built drawings will be necessary. It should then be determined if there is any remaining alluvial sage scrub on the project applicant's property which can be set aside or if there is any habitat in other localities. The project will -still result in a net loss of alluvial sage scrub habitats however, a permanent set-aside of equivalent acreage that could otherwise be mined will partially compensate for the loss of habitat. 3. It is recommended that the conveyor route be altered to avoid the area of riparian forest south of the Azusa Rock plant. Otherwise a revegetation program would be needed to create an additional 0.10 acre of riparian habitat. The wetland policy of the California Department of Fish and Game (CDFG) is to have no net loss of riparian habitat and the only way to compensate for this loss would be .to revegetate additional acreage in the area. Furthermore, development of the conceptual revegetation plan would be required, since presently the duration of the impact is not known. 4. Standard dust control measures, as discussed in the air quality section, should be used to reduce potential dust impacts upon biological resources. 5. spring surveys should be conducted for the San Diego horned lizard. This would allow better determination if any animals could be impacted by the project and if any could be salvaged from the area. 6. Any erosion control.plans should be reviewed by a biologist knowledgeable of local flora to determine if potentially invasive plant species are proposed for planting or seeding in the area. In addition, a weed control program should be developed as part of the mitigation for the loss of riparian scrub. This plan would propose to remove giant reed, castor bean, indian tree tobacco and other invasive species from the proposed right-of-way and other proposed areas. Page 2 of 5 Exhibit A C-89-20 & P-89-181 Azusa Rock Conveyor System and Access Haul Road Page 3 of 5 Hydrologv/Water Resources 7. Design of the piers for the conveyor belt should provide a hydraulically efficient shape to.minimize piers losses and reduce scour around the piers. 8. The proposed realignment of the combined trails should be redesigned such that the 100 -foot segment of the trail located just south of the tunnel under the haul road remains above the 100 -year floodlevel (i.e., above 690 fast mean sea level (msl)). 9. The project applicant shall ensure that construction vehicles and equipment are kept well maintained and in efficient operating order to minimize potential oil or fuel leakage. 10. The construction contractor shall construct and utilize sediment catch basins to prevent downstream transport of construction -related debris. 11. The unpaved portions of the haul road shall be compacted with biodegradable dust -binding agents (eg., °Weslig 12011) to minimize potential erosion. 12. Where construction crosses the San Gabriel River and temporary streamcourse alterations are required, the drainage course shall be regraded by the construction contractor upon completion of construction in order to ensure that alterations are not made permanent and that the existing course of surface flow is restored. 13. The project applicant shall ensure that all project -related runoff, including runoff resulting from dewatering and dust suppression activities, meets the water quality requirements of the Regional Water Quality Control Board (RWQCB). Land Use 14. The project proponent shall be responsible for obtaining use agreements for the conveyor and haul road from all property owners whose property will be crossed by these facilities. In addition, the project proponent will be responsible for satisfying all permit procedures required by the U.S. Army Corps of Engineers (ACOE), including a Section 404 permit, if required. Construction of the improvements shall be coordinated with all the affected property owners. 15. The project proponent shall coordinate the design and construction of the proposed recreational trail tunnel with Los Angeles County Department of Public Works and the Department of Parks and Recreation. The tunnel, and the approaches, shall be designed to the standards identified by these agencies. The construction of the tunnel and the haul road/conveyor shall be coordinated with these agencies to minimize any inconvenience to users of the recreational trails. The project proponent shall provide adequate signing in the vicinity of Page 3 of 5 Exhibit A C-89-20 &.P-89-181 Azusa Rock Conveyor System & Access Haul Road Page 4 of 5 the tunnel and elsewhere along the alignment pursuant to the requirements of the County Public works and Parks and Recreation Departments. The tunnel and signing improvements shall be completed prior to beginning operations of either the haul road or conveyor belt. 16. The project applicant shall obtain a Conditional Use Permit from the City of Azusa for any permanent structures.: Traffic Noise 17. Construction of the proposed haul road shall include installation of a traffic signal at the new intersection at Foothill Boulevard. Further, the new traffic signal's timing strategy should be designed to account for the lack of truck traffic during nighttime hours. 18. The project applicant shall provide for the design of a deceleration lane for westbound traffic entering the new haul road from Foothill Boulevard to the satisfaction of the City Engineer. 19. Construction activities shall be restricted to the hours between 7:00 a.m. and 7:00 p.m. on weekdays. 20. If the conveyor is shut down, or if raw aggregate hauling by mobile equipment is used to supplement the conveyor, such hauling activities should not begin before 7:00 a.m. 21. Construction activities shall commence no earlier than 7:00 a.m. to optimize local wind pattern dispersal of dust and equipment exhaust. 22. If downcanyon winds exceed 25 mph as an hourly average, construction grading activities shall be suspended. 23. An aggressive program to minimize dirt deposition from truck tires or load spillage shall be In addition to load trimming and a waterspray established. the load, each outbound truck should pass through an automobile high pressure tire and undercarriage washer built on a concrete base with sloped drains. 24. The length of the haul road shall be set -swept on a continual basis during the workday and the plant access area shall be washed with a water truck at the end of every workday. 25. Off-road haul vehicles should pass through the same wheel and undercarriage wash on leaving both the plant while empty and leaving Azusa Rock full. A water truck should be in continuous operation when raw aggregate is being hauled to Owl Rock, and two water trucks should be in continuous operation when raw aggregate is hauled to CalMat. Page 4 of 5 Exhibit A C-89-20 & P-89-181 Azusa Rock Conveyor Page 5 of 5 System and Access Haul Road 26. Adequate stockpiles should be established at the processing plants to minimize aggregate hauling if the conveyor is down or if the processing plant needs a grade of material not currently being conveyed from the Azusa Rock Quarry. Cultural Resources 27. Preservation of the National Old Trails Road segment does not appear feasible since a nearby gravel pit precludes locating the haul road and conveyor alignment far enough to the east (i.e., 5o meters) to allow for total avoidance. Therefore, the proposed haul road and conveyor should be limited to those areas where the old road may have already been destroyed by the modern road. In. addition, guard rails should be erected beside the proposed haul road to prevent accidental impacts to the old Trails Road as a result of heavy vehicles straying off the proposed road. 28. The conveyor system should be designed such that the conveyor spans the Old Trails Road and its immediate area without the need for piers directly impacting the old road itself. 29. Assuming it is not possible to raise the proposed haul road above the Pacific Electric railroad bed, the historical railroad bed should be thoroughly documented prior to any impacts. 30. Each of the four new loci of site (CA-LAn-1368H loci Q, R, S, and T) should be test excavated to establish its National Register Eligibility. 31. If it is not feasible to shift the proposed conveyor and haul road alignments to avoid direct impacts upon loci Q, R. and S, further excavation of impacted areas should be undertaken. To minimize potential direct impacts on loci Q. R, and S, the proposed conveyor should be elevated above the ground on piers. Archaeological excavations should be done were piers would be placed within an archaeological site. Following excavation, each locus should either be capped with clean fill and planted with native vegetation or fenced with clearly posted "No Trespassing" signs that do not identify the site as an archaeological site. Aesthetics 32. Project structures such as conveyor trusses, transfer stations, etc. shall be painted with one or more non -intrusive colors of paint that blend into the surrounding landscape (e.g., beige or grey). 5. The attached mitigation monitoring program shall be implemented. The Planning Division shall establish a fee to be paid by the applicant to cover the costs of the ongoing monitoring of this project. Page 5 of 5