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Home My WebLink AboutResolution No. 91-C1540 RESOLUTION NO. 91-C154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING RESOLUTION NO. 8626 INCREASING THE MAXIMUM TONNAGE ALLOWED TO CROSS THE SAN GABRIEL RIVER TO THE OWL ROCK PRODUCTS COMPANY AND APPROVING PRECISE PLAN OF DESIGN P-91-20, SUBJECT TO CONDITIONS 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 as follows: A. On May 15, 1989, the City Council adopted Resolution No. 8626 which modified certain condi- tions imposed on the rock processing operations of the Owl Rock Products Company ("Owl Rock") by Resolution No. 4520 adopted on August 19, 1963; B. One of the conditions modified by Resolution No. 8626 related to the use of an existing unpaved roadway ("roadway") across the San Gabriel River to Owl Rock located at 1201 North Todd Avenue; C. On May 20, 1991, the City Council adopted Resolution No. 91-C-50 which amended Section 2(G) of Resolution No. 8626 to extend the time for which the roadway may be used by Owl Rock to December 31, 1992 or until completion of the Azusa Rock Conveyor System. The completion of the Azusa Rock Conveyor System will alleviate Owl Rock's need to use the roadway; D. On July 24, 1991, the Planning Commission held a duly noticed public hearing and adopted Resolution No. 91-56 approving Precise Plan of Design P-91-20 and recommending to the City Council that City Council Resolution No. 8626 be amended to increase the maximum tonnage allowed across the San Gabriel River to Owl Rock by use of the roadway to 273,520 tons of rock, sand and gravel material per month; E. On September 3, 1991, a duly noticed public hearing was conducted by the City Council and a motion to amend Resolution No. 8626 by approving Precise Plan of Design P-91-20 failed due to a tie vote among the council members; F. On September 18, 1991, a duly noticed continued public hearing was conducted by the City Council who again considered amending Resolution No. 8626 and approving Precise Plan of Design P-91- 20 to increase the maximum tonnage allowed to cross the San Gabriel River via the roadway for use by Owl Rock to 273,500 tons of rock, sand and gravel material per month; -1- pca/RES748949 (10/25/91) 0 0 G. The City Council finds and determines that the use of the roadway by Owl Rock impacts Todd Avenue in that dust from the trucks exiting the plant is accumulating on the paved Todd Avenue and the surrounding area, and the foregoing impacts necessitate the closure of Todd Avenue where it meets the unpaved roadway. SECTION 2. Based on the application for Precise Plan of Design P-91-20 and amendment to Resolution 8626, staff reports, public comments received and considered at the City Council meeting of September 18, 1991 and the findings set forth above, Precise Plan of Design P-91-20 is approved subject to Conditions E, H, J, K, and M of Section 2 contained in Resolution No. 8626 being amended as set forth herein. SECTION 3. Section 2(E) of Resolution 8626 is hereby amended to read as follows: "E. Hauling across the river shall be limited to the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. During the hours between 7:00 a.m. and 9:00 a.m., Monday through Friday, four (4) round trips per hour shall be allowed." SECTION 4. Section 2(H) of Resolution 8626 is hereby amended to read as follows: "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 vegetation within twenty-five (25) feet of the Roadway shall be washed twice per month. The Roadway shall be water -swept on a continual basis during the workday. In the event a prolonged water shortage renders infeasible a continual water -sweeping of the Roadway, then either the maximum tonnage allowed per month (see subparagraph M below) shall be reduced to 136,750 or the maximum speed of hauling vehicles using the Roadway shall be ten (10) miles per hour." SECTION 5. Section 2(J) of Resolution 8626 is hereby amended to read as folows: "J. The use of a soil binding, biodegradable, nontoxic agent shall be applied to the Roadway twice per month in an amount sufficient to prevent dusting of vegetation. The selected soil binding agent shall not have any adverse impact on plant or animal habitats near the Roadway. 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. Such measures shall include, at a minimum, properly fitted and maintained mufflers and the tightening of loose fittings and parts on all haul vehicles." -2- pca/RES748949 (10/25/91) 0 0 SECTION 6. Section 2(K) of Resolution 8626 is hereby amended to read as follows: "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 during high winds greater than twenty-five (25) miles per hour (11.2 meters/second) 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 2J) shall be used to keep the road dust lofting rate within the fugitive dust TSP Impact Standard set by the Air Quality Management District." SECTION 7. Section 2(M) of Resolution 8626 is hereby amended to read as follows: "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 haul in excess of one hundred thousand (100,000) tons per month of off-site material to the Subject Property (the amount experienced on the Subject Property prior to April, 1988) unless and until Todd Avenue is permanently closed by the locking of the gate connecting the roadway with Todd Avenue so no Owl Rock truck traffic will proceed on Todd Avenue. In the event Todd Avenue is so closed, the applicant shall not haul and process in excess of 273,500 (Two Hundred Seventy -Three Five Hundred) tons per month of off-site material to the Subject Property." SECTION B. Resolution Nos. 4520, 8626, and 91-C-50 are hereby amended to include the terms and conditions of this resolution. Except as explicitly modified herein, all other terms and conditions of the aforementioned resolutions shall remain in full force and effect. SECTION 9. Section 1094.6 of the California Code of Civil Procedures 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 representatives of Owl Rock who spoke on the subject matter of this resolution at the September 18, 1981 public hearing at the addresses provided by said persons. 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 of the City of Azusa shall be commenced not later than the ninetieth (90th) day following the adoption of this resolution. -3- pca/RES748949 (10/25/91) 9 C SECTION 10. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 21st day of October , 1991. EUXE MOSES, Mayor ATTEST: ADOLPH SOLI , City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the Cityy of Azusa at a regular meeting thereof, held on the Zls day of October , 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: DANCLEIS, STEMRICH, ALEXANDER, MOSES NOES: COUNCILMEMBERS:NONE ABSENT: COUNCILMEMBERS:NONF ABSTAIN: COUNCILMEMBERS:NARANJO % ADOLPH SO4S, City Clerk -4- PCA/RES748949 (10/15/91)