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HomeMy WebLinkAboutResolution No. 04-C710 0 RESOLUTION NO. 04-C71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO AZUSA ROCK CONDITIONAL USE PERMIT (SPECIAL USE PERMIT RESOLUTION NO. 8553) WHEREAS, the Planning Commission of the City of Azusa held a public hearing on August 27, 2003, and recommended approval of the amendment to the existing Azusa Rock Conditional Use Permit (Special Use Permit Resolution No. 8553). WHEREAS, the City Council of the City of Azusa, has given notice thereof as required by law, held a public hearing on the requested amendment to the existing Azusa Rock Conditional Use Permit (Special Use Permit Resolution No. 8553) WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. WHEREAS, the City Council's proceedings for a Conditional Use Permit were in compliance with City Code Section 88-300. NOW, THEREFORE, the City Council of the City of Azusa does hereby resolve as follows: SECTION 1: An Environmental Impact Report (EIR-89-3) for the design and construction of the rock conveyor system and the truck haul road was certified by the City Council on December 17, 1990. Therefore, pursuant to Section 15162(c) of the California Environmental Quality Act (CEQA), no further environmental review is required. SECTION 2: That in accordance with Section 88-320 of the Azusa Municipal Code, the City Council hereby approves said Amendment to the Azusa Rock Conditional Use Permit (Resolution No. 8553) based on the following findings: A. The proposed amendments to the conditional use is consistent with the General Plan. General Plan Industrial Land Use Goals and Objectives encourage the improvement of the quality of industrial areas. The proposed amendments to the Azusa Rock Conditional Use Permit (Resolution No. 8553) will prohibit the haul trucks from using the access road, which will improve the air quality of the access road and reduce the potential for accidents where the access road crosses the bike trail. B. The nature, condition and development of adjacent uses, buildings, and structures have been considered, and the proposed amendments to the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures. The proposed amendments will not adversely affect or be materially detrimental to the rI Resolution No. 04-C71 October 4 2004 Page 2 of 3 surrounding uses, buildings or structures. The removal of haul truck traffic from the access road will improve the air quality of the adjacent uses. C. The site for the proposed conditional use is of adequate size and shape to accommodate the proposed amendments to the use, buildings, yards, fences and walls, parking, landscaping and other development features proposed. The removal of haul truck traffic from the access road will not change the existing site of the road. Therefore, the site will continue to accommodate the use. D. The proposed amendments to the conditional use complies with all applicable development standards of the zone district. The removal of haul truck traffic from the access road will not change the construction of the road, which was approved through a Precise Plan of Design and met the applicable development standards of the zone district at the time of its construction. E. The site of the proposed amendments to the conditional use is adequately served by highways or streets of sufficient width and improved as necessary to accommodate the type and level of traffic associated with the proposed use. The removal of haul truck traffic from the access road will not change the construction of the road that was approved through a Precise Plan of Design and which is adequately served by highways or streets of sufficient width and improved as necessary to accommodate the type and level of traffic associated with the proposed use. F. The proposed amendments to the conditional use observes the spirit and intent of the zoning ordinance. The purpose of the Zoning Ordinance is to regulate the location and use of buildings and land for industrial purposes in appropriate places. The proposed amendments to the Conditional Use Permit continues to regulate the use of the access road. SECTION 3: Based on the aforementioned findings, the City Council does hereby approve the amendment to the Azusa Rock Conditional Use Permit (Special Use Permit Resolution No. 8553), subject to the conditions of approval attached hereto as Exhibit A, and incorporated herein by reference. SECTION 4: The City Clerk shall certify to the adoption of this resolution. 0 0 Resolution No. 04-C71 October 4 2004 Page 3 of 3 ADOPTED AND APPROVED this 4`h day of October, 2004. MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the forgoing Resolution No. 04-C71 was duly adopted and at a regular meeting of the City Council on the 4`h of October, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, ROCHA NOES: COUNCILMEMBERS: MADRID ABSENT: COUNCILMEMBERS: NONE ABSTAIN: _COUNCILMEMBERS: NONE City Clerk APP 0VED AS/� T�O FORM: C ty A tomey 0 Exhibit "A" Uty lAuncu lAnuitions - Approvea on ucroner 4, LUU4 Case No: Amendment to Azusa Rock Special Use Permit (cap -89-20 & P-89-181) Address: 3901 Fish Canyon Road A.P.N.: 8684-008-012/014/270; 8684-009-18/19; 8689-006-006 Project: Amendments to the Azusa Rock Conditional Use Permit (Resolution No. 8553), deleting the Condition of Approval requiring a grade separation o the existing truck haul road and revising related conditions . A. All requirements of the Planning Division shall be met, including but not limited to the following: 1. 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. 2. The existing haul road shall be used only as an occasional access road for on-site operation vehicles, such as water trucks and on -road employee passenger vehicles and trucks, to traverse the distance between the Azusa Rock quarry site and the Reliance Processing Plant. 3. Signage, in English and Spanish, shall be posted on the shoulder of the existing bike trail, within 100 feet of the access road, to alert trail users of the potential for occasional vehicle traffic. All signs shall contain a contact telephone number. 4. The applicant or their successor in interest shall immediately repair any damage to the paved bikeway caused by their vehicles. 5. The applicant or their successor in interest shall maintain, on a daily basis, the bike trail free of rocks, rubble or debris across the trail and within 100 feet of the access road crossing in both directions. 6. The applicant or their successor in interest shall file a copy of the Vulcan Materials' mandatory driver's safety program with the City of Azusa Community Development Department, for employees who may traverse the access road in the course of their business. 7. The applicant or their successor in interest shall post and maintain stop signs at the access road in both directions where the road intersects with the trail. 8. An accounting shall be required detailing the amount of material extracted from the Azusa Rock quarry from 12/31/01 to the present along with a calculation of the amount of extraction tax for that material due to the City. This report shall be considered proprietary information and shall not be available to the public. 9. The material deposited in the conveyor system shall continue to be weighed by the existing conveyor belt scale, which shall be certified for accuracy annually either through the certification of the existing belt scales or by volumnmetric photography. The reporting of materials mined from the Azusa Rock site shall be provided to the city on a quarterly basis and shall include both the amount of Exhibit "A" Conditionso Approval • Amendments to Azusa Rock Conditional Use Permit (Resolution No. 8553) City Council 10/04/04 2 of 4 materials subject to mining tax plus the amount of overburden produced. This report shall be considered proprietary information and shall not be available to the public. 10. The applicant or their successor in interest shall notify the Army Corps of Engineers and the Los Angeles County Public Works Department of the changing of the use of the haul road to an access road only. 11. The applicant or their successor in interest shall maintain the license agreement No. DACA09-3-98-0002 with the Department of the Army which allows the access road on the San Gabriel River channel. 12. The applicant or their successor in interest shall not utilize Encanto Parkway to transport material from the Azusa Rock site. 13. The applicant or their successor in interest shall either landscape the triangular area located at the intersection of the Todd Avenue bike trail and the San Gabriel River bike trail, or shall provide final landscape plans that have been reviewed and approved by the City's Parks and Recreation Department, construct the wrought iron fencing, gates, and pilasters per the approved landscaping plans, and pay an in -lieu fee of $40,000.00 for the landscaping. 14. Any new fencing along the access road shall be decorative in nature, to be reviewed and approved by the Community Development Director. Razor wire, barbed wire and the like shall not be used. 15. The following Azusa Rock Conditional Use Permit Conditions of Approval of Resolution No. 8553, Section 3, shall be amended as follows: A Plant operating hours, o e... f .....,a,:..e operations efi c..,...„,e Park-KaN shall be Monday through Saturday from 6:00 a.m. to 10:00 p.m., with Sundays and holidays closed, except that operations on Sunday may be approved by the City o n a case by case basis. Maintenance and repair do not constitute plant operations. Bl. In order to remove truck traffic from Encanto Parkway, quarry materials shall be transported across the San Gabriel River ;For processing at existing processing facilities along the east bank of the River, using two methods, subject to environmental analysis: a. Via conveyor belt, and b. Via tFueks using a new road, with the prefeFFed alignment aeress Rive_ t_e..e_..:.. .. ......rl...,e..tefly along the east bark of the Rive. and a eetiag to ,Foot ill Boulevard. The read shell be ..s._ .e.ed : aecArd-n—nes. ..:Q. Las Angeles Count), and U.S. c n rmyCorps of EngineeFs' . ineluding bat not limited te_ ......... bike tail 2. The new read and conveyor belt, which will remove truck traffic from Encanto Parkway e, cp; when the River is shall, subject to all necessary approvals by governmental agencies, be constructed within one year at no expense to the City of Azusa. If it is determined within one year of approval of this resolution that the road across the River is not feasible, or the resulting environmental impacts cannot be Exhibit "A" Condition* Approval • Amendments to Azusa Rock Conditional Use Permit (Resolution No. 8553) City Council 10/04/04 3 of adequately mitigated, fish Canyon Road shall be realigned around Van Tassel levee at no expense to the City, as a mean of reducing truck noise. If the new road and conveyor described in Subparagraph B.1. are installed, no truck going to or coming from the subject property shall be allowed to use Encanto Parkway except in emergencies or if the River is impassable. A monthly progress report shall be submitted to the City regarding implementation of this condition. 3. In the event that trucks use Todd Avenue as a result of Azusa Rock's processing of material at existing processing facilities, a pavement maintenance fund of $10,000 per year, annually adjusted for inflation, shall be established by Azusa Rock to fund payment maintenance and rehabilitation of Todd Avenue. This fund may be used by the City at any time for the stated purpose. In addition, Azusa Rock shall maintain Todd Avenue free of dirt, dust and rock by providing daily street sweeping. C. 1. i ftp ehepee-ateE .,t,. Parkway the followingtruck operating hour ll sha�cxm�-be in effee -a. For the fiFst 12 ..,...,t1.,. P 1iewi.. approval of !hose his eenditional use permit: 6�00 am to 6�00 pin 1\A,...d , th Faugh T:« da to fir the initial 12 nionth,; timeperiod! 7:00 ,. 2. The fate of t..,.,..poFtat: on on C..eante Parkway shall at ne time exceed 20 tmek 1...,ds per hour tip to 5 p and 10 t...,elc leads p . hour between c.nn . and z.nn pm. Ne trucks shall be allowed to arrive arli .. than 15 minutes prior to 6.00 ..m during the fist 12 .. nths o earlier than 0 ..tes prior to 7.00 am there„fte. OF „Ge. 6A0 pfn. There shall he .. tfuek traffic an Saturday Sunda), or holidays e ept in the event of an. 16. If it becomes necessary for the City to take any legal action or commence any administrative proceedings against the applicant or any successor in interest in order to enforce any of the conditions of approval set forth herein, the City shall recover from the applicant or successor in interest reasonable attorney's fees and other reasonable costs incurred in such action or proceeding, provided that the City obtains ajudgment in its favor in any portion of such action or proceeding. 17. The applicant or successor in interest shall be the real party in interest and shall assume primary responsibility for the defense of any legal action or proceeding commenced against the City to challenge the City's approval of Land Use Entitlements and/or the City's approval related to such land use approval. The applicant or successor in interest shall reimburse the City for all reasonable attorneys' fees and other reasonable costs incurred by the City in defending such action or proceeding. 18. By accepting approval of the conditions set forth herein, the applicant or successor in interest shall be deemed to have agreed to the. terms and conditions set forth herein and the City shall have the right to enforce in its sole discretion Exhibit "A" Conditionso Approval • Amendments to Azusa Rock Conditional Use Permit (Resolution No. 8553) City Council 10/04/04 4 of 4 such terms and conditions by pursuing any and all available legal and equitable remedies. 19. Any changes to the conditions listed above must be approved by the City Council.