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Home My WebLink AboutResolution No. 8978RESOLUTION NO. 8978 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING RESOLUTIONS NO. 3546 AND8553AND 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 HEREBY RESOLVE AS FOLLOWS: SECTIO I.. 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,_Azusa, and further described therein,` subject to certain conditions of approval. B. On December 19, 1988, the City Council of the 'City of Azusa adopted Resolution No. 8553 adding to modifying the conditions of approval for the special use permit approved by Resolution No. 3546 to allow the rock quarry operation on the subject property. C. On May 7, 1990, the City Council of the City of Azusa directed the Planning Commission to hold hearings on the possible revocation of said special use permit. On July 11, 1990, the Planning, Commission held such a hearing and recommended against revocation. D. On August 20, 1990, the City Council of the City of Azusa again directed the Planning Commission to hold hearings on the possible revocation of said Special Use Permit. E. The Planning Commission of the City of Azusa "held duly noticed public hearings on September 12, 1990 and September 26, 1990 concerning problems on the quarry -site, whether the conditions of approval set forth in Resolutions 3546 and 8553 had been complied with, and whether the Special Use Permit should be: revoked. F. At said hearings before the Planning Commission, certain persons testified and certain documents were received into evidence. G. _On September 26, 1990, the Planning Commission adoptedResolution No. 90-87 recommending to the' City Council that the Special Use Permit as approved by Resolutions No. 3546 and 8553 be modified in certain respects. H. On December 3, 1990 the City Council of the City of Azusa held a duly noticed public hearing 12/11/90 concerning the problems on the quarry site, whether the conditions of approval of Resolutions 3546 and 8553 had been complied with and whether the Special Use Permit should be revoked. The initial hearing had been scheduled for November 5, 1990 but was continued by Council action to December 3, 1990. At said public 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 the City Council also received oral testimony and documents in addition to those received by the Planning Commission at the Planning Commission hearings. The Councilmembers reviewed all of the evidence and testimony presented at both the Planning Commission and City Council hearing. SECTION 2,. The City Council of the City of Azusa further finds, -determines and declares that: A. The requirement of Condition No. 2 of Resolution No. 3546 to place rock crushing operations underground was intended to buffer noise created by this equipment. The revision to this condition set forth in Section 3 more precisely identifies the measures required to buffer noise from the equipment. B. Revegetation of the cut slopes as required by Section 3.F. of Resolution No. 8553 has not proceeded as expeditiously as expected by the parties. Therefore, it is necessary for more frequent monitoring of the revegetation effort as set forth in the amendment to Section 3.I. and the addition of Section 3.0. to Resolution No. 8553. C. Based upon the evidence presented to the City Council at the said public hearings and except -as set forth in this section, the problems identified in Resolution No. 8553 are being adequately mitigated at this time by the conditions of approval set forth in Resolutions 3546 and 8553 and, therefore, no need exists at this time to revoke the Special Use Permit nor to revise the conditions of approval except for the additions or revisions set forth in Section 3 of this Resolution. SECTION 3. Based upon the findings set forth in Section 1 and 2 above, the Special Use Permit for the quarry operation of Azusa Rock Company, as described in Resolutions No. 3546 and 8553, is hereby amended to add or revise the following conditions to said permit and the resolutions: A. Condition 2 of Section 2 of Resolution 3546 is hereby amended to read as follows: "All primary rock crushing operations shall be underground below the surrounding ground level or buffered by rock piles, earth berms, retaining walls or sound -2- 12/11/90 pmt:RES539171 0 • absorbing barriers at least twelve (12) feet above the top of the crushing chamber, to the satisfaction of the Planning Division; and all operations shall be conducted in compliance with the requirements of the Air Quality Management District." B. Condition I of Section 3 of Resolution 8553 is hereby amended to read as follows: "I. The conditional use permit regulating the quarry shall be in effect for twenty five (25) years following the date of approval of Resolution 8553, 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 each year by staff and the planning commission for compliance with these conditions, which review will be subject to a duly noticed public hearing with any action of the planning commission appeable to the City Council within twenty (20) days of the action." C. Condition 0 is hereby added to Section 3 of Resolution 8553 to read as follows: "O. A monthly progress report on the revegetation of the cut slopes shall be submitted to the Planning Division for a period of one (1) year until January, 1992. The planning commission shall review this report at its first meeting of each month." D. Except for the additions or revisions to conditions specifically set forth in this Section, all other terms and conditions of Resolutions 3546 and 8553 shall remain in full force and effect. SECTION A. The proceedings before the Planning Commission and City Council described in this Resolution shall constitute the two (2) year review for 1990 of the quarry operation required by Section 3.I. of Resolution No. 8553. SECTION 5. 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 Code of Regulations and other applicable law. -3- 12/11/90 pmt:RES539171 i Additionally, the Council finds that this action will have no adverse impact upon the environment. The Director of Community Development shall forthwith file a "Notice of Exemption" with the County Clerk. SECTION 1. Section 1094.6 of the California Code of Civil Procedure shall be applicable to the actions of the Council set forth in Sections 3 and 4 of this Resolution. Although the City of Azusa is the applicant in this proceeding, the City Clerk shall nevertheless send a certified copy of this Resolution to Thomas Sheedy, President of Azusa Rock and to Glenn R. Watson, Esq., attorney for Azusa Rock Company at the addresses described 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 the decision of the City Council set forth in Sections 3 and 4 of this Resolution in a court of law shall be commenced not later than the ninetieth (90th) day following the adoption of this resolution. SECTION Z. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of December , 1990. 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 17tH day of December 1990, by the following vote of the Council: AYES: COUNCILMEMBERS I]M=S, STEMCH, NUIPM0 NOES: COUNCILMEMBERS ALEXNMM, MOSES ABSENT: COUNCILMEMBERS ITY C -4- 12/11/90 pmt:RES539171