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HomeMy WebLinkAboutResolution No. 8979RESOLUTION NO. 8979 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CERTIFYING.THE FINAL ENVIRONMENTAL IMPACT REPORT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO FOR CONDITIONAL USE PERMIT NO. C-89-20 AND PRECISE PLAN OF DESIGN NO. P-89-181 FOR THE ROCK CONVEYOR AND HAUL ROAD FOR AZUSA ROCK COMPANY (ENVIRONMENTAL IMPACT REPORT NO. EIR-89-3) THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. Azusa Rock Company seeks a Conditional Use Permit and Precise Plan of Design for the construc- tion and operation of 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, as well as the Draft Environmental Impact Report, was held by the Planning Commission of the City of Azusa on October 10, 1990. Following this 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 December 3, 1990, the City Council held a duly noticed public hearing on the application for the Conditional Use Permit and Precise Plan of Design as well as on the Draft Environmental Impact Report. D. The Final Environmental Impact Report ("FEIR") for the project was prepared pursuant to the requirements of the California Environmental Quality Act of 1970, as amended ("CEQA"), Public Resources Code Sections 21000, et seq. The FEIR consists of the Draft Environmental Impact Report for the project, including comments and responses thereto.• The Draft Environmental Impact Report ("DEIR") for the project was also prepared in accordance with CEQA, the State CEQA Guidelines and the City of Azusa's CEQA Guidelines. E. The City Council has fully reviewed and carefully considered the FEIR for the project including, but not limited to, all comments on the DEIR and the responses thereto, and all other 12/11/90 environmental documents that comprise the FEIR, and all information and testimony presented at the public hearings before the Planning Commission and the City Council. SECTION 2,. The City Council of the City of Azusa further finds, determines and declares that the FEIR for the project has identified various significant environmental effects that will result if the project is approved, however, the majority of the significant effects will be avoided or substantially mitigated to a level of insignificance by the imposition of mitigation measures identified in the FEIR and by the implementation of the Mitigation Monitoring Program, proposed as one of the conditions to approval of the project, to ensure compliance with the mitigation measures during the implementation of the project. In addition to the following findings concerning impacts and mitigation measures of the project, the City Council hereby adopts and incorporates herein by, this reference the "Summary of Impacts and Mitigation Measures",for the project set forth as Table 1-2 in the DEIR and attached hereto and incorporated herein by this reference as Exhibit "All: A. Soils and Geoloav--The conveyor system could be subject to ground shaking caused by seismic activity. A geotechnical study shall be completed analyzing the seismic risk, and all the structures shall be designed to meet all relevant seismic safety standards. B. Biological Resources --Approximately 38.5 acres of vegetation would be removed by construction of the project. Included within this total are areas containing Riversidean Alluvial Sage Scrub Plant Community, of which there is concern concerning its continued viability but is not yet listed as an endangered community, and several areas of Riparian Habitat which are potential locations for several species which might become endangered wildlife species at some future time. Provisions should be made to set aside several such areas for conserva- tion. The route of the system should be altered to _avoid Riparian Habitat. Where such measures cannot be accomplished, revegetation of areas equal to that which will be disturbed should be implemented. C. Hydroloav and Water Resources --Alterations of the existing stream course may occur as the system crosses the river. Contaminants leaking from trucks on the haul road could affect downstream surface water or, eventually, the groundwater resources., The conveyor piers crossing the river shall be designed to avoid turbulence or other stream alteration. Maintenance of vehicles will be ,required to minimize leakage from trucks. Biodegradable dust binding agents shall be used to minimize erosion and possible groundwater contamination. D. Land Use --The project will have a positive effect on those properties currently affected by impacts from the level of activity at the existing -2- 12/11/90 pmt:RES818393 quarry, which will be reduced by transporting material via this proposed route for offsite processing. The system will cross established bicycle and equestrian trails, and a tunnel is proposed to be constructed at this crossing point to jointly protect both trails. The dimensions of the tunnel should be enlarged to provide better safety for bicyclists and equestrians when traffic occurs in both directions simultaneously. Measures should also be taken to improve lighting, visibility and security for this tunnel. E. a c --The project would not increase truck traffic and would substantially divert existing truck traffic off of Fish Canyon Road, Encanto Parkway and Todd Avenue to the proposed haul road. The intersection of the haul road with Foothill Boulevard should be signalized to keep traffic moving at appropriate service levels. F. Noise --Construction, traffic and conveyor noise will not be perceptibly above ambient noise levels associated with the surrounding industrial areas. In some cases the noise levels perceived by nearby residents will decrease due to the removal of truck traffic from Encanto Parkway. The conveyor construction activity, and any truck traffic on the haul road, will be required to comply with the noise level and time restrictions contained within the Azusa noise ordinance (Chapter 8.58 of the Azusa Municipal Code). G. Air duality --Dust raised during construction can be limited through watering, compaction and other control methods. Emissions along the haul road can be greatly reduced by watering the road, but may affect users of the bicycle and equestrian trails. Conveyor emissions can be reduced by installation and use of spray bars to wet down all rock material. The conveyor system will be subject to continuing review by the South Coast Air Quality Management District (SCAQMD). Steps should be taken to suspend construction activities if down canyon winds increase to levels which would spread dust to other properties. Stockpiles on the Azusa rock site should be large enough to minimize truck hauling when the conveyor is not in use. H. Cultural Resources --A portion of the National. Old Trails Road in four separate sections of an old dumpsite of historical significance were discovered along the conveyor route. Design of the conveyor will elevate the system above or around each of these sites. Guardrails will be installed next to the old road to prevent haul road truck traffic from disturbing the site. I. Aesthetics --As viewed from most surrounding properties, the conveyor system will not compromise any existing vista, due to the presence of substan- tial quarrying equipment and activities. The view of a portion of the San Gabriel River from the bicycle and equestrian trails will be somewhat -3- 12/11/90 pmt:RES818393 0 0 compromised�by the conveyor's span across the river. All portions of the conveyor system will be required to be painted to blend into the surrounding landscape. SECTION 3. The FEIR for the proposed project has described ,and analyzed the reasonable alternatives to the project, including "a no -project alternative" and alternate routes, that could feasibly attain a portion of the basic objectives of the project, even when those alternatives might impede the full attainment of project objectives or might be more costly. An alternate conveyor route running along Corp, of Engineers' property and two separate haul road alternatives were analyzed. The alternate conveyor route would disturb more vegetation and wildlife habitat than the proposed route. The alternate haul roads would utilize existing unpaved roads; although there would be less vegetation disturbed because of the existing roads, the difference between these impacts and those of the proposed project are too small to create a substantial improvement. A realignment of the existing truck route along Encanto Parkway was also examined. This alternative would reduce existing noise and dust generated by truck traffic, but would not significantly affect existing traffic conflicts along this road. As required by CEQA, a "no -project" alternative was also examined. Without the proposed project, the existing noise, dust and traffic impacts created by the transportation of material from the Azusa rock quarry would remain, although fewer impacts on vegetation and wildlife would occur. Therefore, the alternatives to the project would not result in significant environmental benefits and would not avoid or substantially eliminate the significant environmental effects identified in the FEIR nor accomplish the beneficial effects of the project. The City Council specifically finds that the project as proposed represents the alternative that could more feasibly obtain the basic objectives of the project. SECTION A. 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: -4- 12/11/90 pmt:RES818393 12/11/90 pmt:RES818393 (1) The proposed project would remove approximately 5.6 acres of Riversidean Alluvial Sage Scrub, 0.2 acre of Riparian - Scrub, O.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 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 -5- 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 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 12/11/90 pmt:RES818393 0 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 determines that the unavoidable environmental risks are acceptable given the fact that the project benefits outweigh the unavoidable risks. SECTION 5. In accordance with the requirements of Public Resources Code Section 21081.6, a mitigation monitoring or reporting program has been developed for the project in accordance with said section, which is set forth as Condition 5 to Exhibit "A" to the Council Resolution approving Conditional Use Permit No. C-89-20 and Precise Plan of Design No. P-89-181. SECTION A. Based upon the foregoing findings and determinations, the City Council of the City of Azusa hereby certifies that the FEIR for the project is (a) complete and adequate, and was prepared in compliance with the require- ments of CEQA, State CEQA Guidelines, and (b) was presented to the City Council which reviewed and considered the information contained therein prior to consideration and approval of the proposed project. SECTION 2. The City Clerk is hereby authorized and directed to file a Notice of Determination as required pursuant to CEQA. SECTION P-. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of nprpmber , 19 90 I HEREBY CERTIFY duly adopted by the City regular meeting thereof, 1990 Council: 12/11/90 pmt:RES818393 that the foregoing Resolution was Council of the City of Azusa at a held on the __;a� day of by the following vote of the -7- pmt:RES818393 MITIGATION MEASURE MONITORING REPORT PROJECT: Azusa Rock Conveyor/Haul Road SCH..NUMBER: 89010010 MONITORING PHASE: Pre -Construction DATE: MONITORING PERIOD: GENERAL COMMENTS: (Use Additional Sheets if Necessary) I hereby certify that the information provided in this report is true to the best of my knowledge and professional judgement. Name (Print) Representing Signature Date MITIGATION MEASURE MONITORING CHECKLIST PROJECT: Azusa Rock Conveyor/Haul Road SCH. NUMBER: 89010010 MONITORING PHASE: Pre-Construction MEASURES TO BE INCORPORATED INTO FINAL PROJECT DESIGN Requirement Met Mitigation Measure Yes Date No Status The Project Applicant shall complete a detailed geotechnical study to establish design requirements to minimize seismic hazards. _ A conservation easement shall be established on the Project Applicant's property to at least partially compensate for the loss of alluvial sage scrub habitat. _ A conceptual revegetation plan shall be developed by the project applicant and implemented pursuant to California Department of Fish and Game requirements to compensate for the loss of riparian habitat. Spring surveys should be conducted for the San Diego homed lizard to better determine potential effects, if any, and to determine if any can be salvaged from the area. _ Erosion control measures should be reviewed by a biologist knowledgeable of local flora. A weed control program should be developed as part of the mitigation for the loss of riparian scrub. Requirement Met Yes Date No Status r Mitigation Measure Piers shall be designed to provide a hydraulically efficient shape to minimize pier losses and reduce scour around the piers. The proposed trail realignment should be redesigned to maintain the entire trail above 690 feet (msl). The design and construction of the proposed trail realignment and tunnel shall be coordinated with the Los Angeles County Department of Public Works and the Department of Parks and Recreation to minimize any inconvenience to trail users. The Project Applicant shall obtain a Conditional Use Permit from the City of Azusa for any permanent structures. The Project Applicant shall obtain use agreements from other property owners and satisfy permit requirements of affected public agencies, if required. The Project Applicant shall provide for design of a deceleration lane for westbound truck traffic entering the haul road from Foothill Blvd. to the satisfaction of the City Engineer. The haul road and conveyor should be limited to locations where the National Old Trails Road may have already been destroyed by existing road facilities. Guard rails should be erected along the haul road adjacent to Old Trails Road. The conveyor system should be designed to span the Old Trails Road and Pacific Electric railroad bed. Requirement Met Mitigation Measure Yes Date No Status The railroad bed should be thoroughly documented prior to any direct impacts . due to haul road construction. Lod 0, R, S, and T should be test excavated to determine National Register eligibility. Where sites cannot be avoided, if any, archaeological excavations should be conducted and subsequently capped with dean fill and native vegetation. Project structures such as conveyor trusses, transfer stations, etc. shall be painted with one or more non -intrusive colors (e.g., beige or grey) that blend into the surrounding landscape. MITIGATION MEASURE MONITORING CHECKLIST PROJECT: Azusa Rock Conveyor/Haul Road SCH. NUMBER: 89010010 MONITORING PHASE: Construction MEASURES TO BE IMPLEMENTED DURING CONSTRUCTION Date Requirement Met Mitigation Measure Yes No The Project Applicant shall ensure that construction vehicles are well maintained and in efficient working order to minimize potential oil or fuel leakage. _ Sediment catch basins shall be used to prevent downstream transport of construction debris. 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 to ensure that alterations are not made permanent and that the existing course of surface flow is restored. _ A new traffic signal shall be installed at the new intersection of Foothill Blvd. and the proposed haul road pursuant to City of Irwindale requirements. The new traffic signal's timing strategy should be designed to account for the lack of truck traffic during nighttime hours. Construction activities shall be restricted to the hours between 7:00 a.m. and 7:00 p.m. on weekdays. Requirement Met Mitigation Measure Yes Date No Status Construction grading shall be suspended it downcanyon winds exceed 25 mph. MITIGATION MEASURE MONITORING CHECKLIST PROJECT: , Azusa Rock Conveyor/Haul Road SCH. NUMBER: 89010010 MONITORING PHASE: Project Operations MEASURES TO BE IMPLEMENTED DURING PROJECT OPERATIONS Requirement Met Mitigation Measure Yes Date No Status Unpaved haul road segments shall be compacted with biodegradable dust - binding agents to minimize potential erosion. Project -related runoff shall meet water quality requirements of the Regional Water Ouality Control Board. Any hauling of raw aggregate via off- road vehicles should not commence prior to 7:00 a.m. To minimize dirt deposition form truck tires or load spillage, loads shall be trimmed and sprayed. Each outbound truck should pass through a high pressure tire and undercarriage washer built on a concrete base with sloped drains. 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. Requirement Met Mitigation Measure Yes Date No Status The length of the haul road shall be wet -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. Adequate stockpiles should be maintained at processing plant sites to minimize aggregate hauling if the conveyor is temporarily shut down. .