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HomeMy WebLinkAboutResolution No. 10-C41RESOLUTION NO. 10-C41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING MODIFICATION TO CONDITIONAL USE PERMIT CUP 89- 20 AND A REVISED RECLAMATION PLAN TO MODIFY THE EXISTING MINING AREAS AND RECLAMATION APPROACH AT THE AZUSA ROCK QUARRY, LOCATED AT 3901 FISH CANYON ROAD, AZUSA, CALIFORNIA WHEREAS, on November 17, 2008, Vulcan Materials Company ("Vulcan") filed with the City of Azusa an application for a Modification to Conditional Use Permit CUP 89-20 and revised Reclamation Plan, to modify the existing mining areas and Reclamation Plan at the Azusa Rock Quarry ("Proposed Project"), located at 3901 Fish Canyon Road, Azusa ("Project Site"); and WHEREAS, Vulcan is entitled to continue the existing mining operations at the Project Site until 2038 pursuant to Conditional Use Permit CUP 89-20 and the existing Reclamation Plan, which calls for reclamation in the form of massive benches, highly visible from surrounding areas; and WHEREAS, Vulcan's current mining entitlement permits it to mine on the east side of the Project Site, including, but not limited to that area delineated as "East Side" and located on the right side of the dotted line in Figure 4.1-8 of the Draft Environmental Impact Report (attached hereto as Exhibit A) for the Proposed Project ("East Mine Area"); and WHEREAS, the Proposed Project will discontinue and reclaim all mining on the East Mine Area and permit mining in that area delineated as "West Side" and located on the left side of the dotted line in Figure 4.1-8 of the Draft Environmental Impact Report (attached hereto as Exhibit A) for the Proposed Project ("West Mine Area"); and WHEREAS, the Proposed Project represents no change in the end date of mining or the amount of entitled mining, but contains an improved Reclamation Plan, including a plan to recontour the existing steps with a micro -benching technique, thereby reducing scaring and visibility from surrounding areas, as well as a plan to reclaim immediately after each stage of mining; and WHEREAS, the Planning Commission of the City of Azusa, after giving notice thereof as required by law, held a series of public meetings and public hearings on the application of Vulcan to allow the Modification to Conditional Use Permit CUP 89-20 and revised Reclamation Plan for the Project Site; and WHEREAS, the Planning Commission, upon carefully considering all pertinent testimony and the staff report offered in the case as presented at the public hearing, voted to recommend that the City Council approve Modification to Conditional Use Permit CUP 89-20 and the revised Reclamation Plan; and WHEREAS, the City Council of the City of Azusa, after giving notice thereof as required by law, held a public hearing on the application of Vulcan to allow the Modification to Conditional Use Permit CUP 89-20 and the revised Reclamation Plan; and WHEREAS, the City Council, after carefully considering all pertinent testimony and the staff report offered in the case as presented at the public hearing, now wishes to approve Modification to Conditional Use Permit CUP 89-20 and the revised Reclamation Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above Recitals are true and correct and are incorporated herein by this reference. SECTION 2: Pursuant to, and in compliance with, the California Environmental Quality Act ("CEQA") (Public Resources Code section 21000 et seq.), a Final Environmental Impact Report has been submitted for concurrent review and certification. In accordance with the Final Environmental Impact Report and resolution for certification of the same submitted concurrently herewith, with the proposed mitigation measures, the Proposed Project would only have one significant and unavoidable impact related to visual resources, which has been considered acceptable by the City Council in accordance with the adoption of a statement of overriding considerations. SECTION 3: That in accordance with Section 88.51.0401 of the Azusa Development Code, the City Council hereby approves the proposed Modification to Use Permit No. CUP 89-20 based on the Staff Report, all written and oral comments and testimony presented to the City Council, and the following findings: A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and the Municipal Code. The Project Site is located within the Open Space zoning district. Pursuant to Development Code Section 88.28.030, Table 4, surface mining operations are permitted within the Open Space zone with approval of a use permit and development agreement. In addition to approving the Modification to Conditional Use Permit CUP 89-20, the City Council is approving a development agreement between Vulcan and the City. The proposed Modification to Conditional Use Permit CUP 89-20 and the proposed revised Reclamation Plan are also consistent with Development Code Section 88.28.020.13 which states: "Surface mining operations may also be allowed where they were established prior to the effective date of this Development Code (2006), recognizing the community's strong interest in improving and accelerating reclamation and reducing the environmental impacts of existing vested mining, with consideration of trade-offs affecting vested mining operations and future operations adjacent and Page 2 of 12 contiguous to vested operations. Future operations adjacent and contiguous to vested operations may be considered through a formal Development Agreement based on public participation and environmental review." A key aspect of the Proposed Project is improving the reclamation of the site by using a state- of-the-art micro -benching technique in place of the existing larger benches. The reclamation will also be significantly accelerated, with reclamation of the east side beginning immediately, and reclamation of the west side occurring concurrently with mining operations. These changes represent a reduction in the environmental impacts of the existing mining, which meets the community's interest in improving and accelerating reclamation and reducing the environmental impacts of existing mining, consistent with the Development Code. Development Code Chapter 88.70 (Glossary) contains definitions for the purposes of Chapter 88.44 (Surface Mining and Reclamation). These definitions state that ancillary activities present at the Project Site and part of the Proposed Project, such as rock crushing and material handling, are recognized activities within the Open Space zone. The Development Code further requires that surface mining projects be accompanied by reclamation plans consistent with Public Resources Code section 2070 et seq. Upon adoption of Chapter 88.44 "Surface Mining and Reclamation" the City Council found and determined that: a) The extraction of minerals is essential to the continued economic well being of the state and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety; and b) The reclamation of mined lands as provided in Chapter 88.44 of the Development Code will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land. In conjunction with its approval of Modifications to Conditional Use Permit CUP 89-20, the City Council is approving the related Reclamation Plan which meets the goals and objectives of Chapter 88.44 of the Development Code. B. The proposed use is consistent with the General Plan and any applicable specific plan. Page 3 of 12 The Proposed Project is consistent with the following General Plan goals and policies: CitY of Azusa General Plan Coal/Policy Proposed Project Elements CHAPTER 3: THE BUILT ENVIRONMENT Land Use Goals and Policies Recreation and Open Space GOAL 8: Preserve and provide open spaces for city's residents that provide visual amenity, recreational opportunities, protect environmental resources, and protect the population from natural hazards. The Proposed Project would relocate future mining operations from the east side of the Project Site to Policy 8.4: Actively work with the mining the west side. This will cause a change in viewsheds from several viewpoints. The revised companies to develop reclamation and re- Reclamation Plan will concurrently reclaim fully use plans that facilitate the mined areas using the micro -benching technique, environmentally sound and aesthetically Which will minimize and improve visual impacts. pleasing reclamation of their sites. The micro -benching technique will recontour the mined slopes to create a more visually appealing landscape. Policy 8.5: Actively work with the mining companies to develop reclamation and re- Revisions to the Reclamation Plan will create a use plans that facilitate the potential for site suitable for passive open space and wildlife active recreational uses in the detention habitat. basins and other quarry oriented sites. Policy 8.9: Require developers of any use The Proposed Project would relocate future mining whose scale may significantly impact operations from the east side of the Project Site to existing open space resources to allocate the west side. This will cause a change in sufficient lands as permanent open space viewsheds from several viewpoints. The revised for recreation, visual amenity, and/or reclamation plan would concurrently reclaim fully environmental resources protection (by mined sites using the micro -benching technique, dedication, easement, or other City intended to minimize visual impacts. approved technique.) Page 4 of 12 Citv of Azusa General Plan Goal/Policy1 The Project Site has been an ongoing mining site for the last century. The majority of the natural environment has been either mined or otherwise disturbed to accommodate the mining operations. Policy 8.12: Protect the canyons, foothills, Implementation of the proposed Reclamation Plan and the river as open space and would allow the Project Site to be reclaimed environmental resources. concurrently with ongoing mining operations. Once fully reclaimed, the Project Site will be used as open space for passive use. The micro -benching technique is intended to improve the visual impact of the reclaimed sites. Land Use Com atibility GOAL 10: Ensure the compatibility among various types of land uses. Potentially significant noise impacts on Policy 10.6: Work with public and private surrounding areas have been mitigated and organizations and individuals to minimize nighttime mining will be prohibited. The Proposed the land use impacts in and around the Project would relocate future mining operations river, the canyons, and foothills, such from the east side to the west side. This will cause impacts may include but not limited to a change in viewsheds from several viewpoints. noise generation, natural resources The revised Reclamation Plan would concurrently encroachment, air quality degradation, reclaim fully mined sites using the micro -benching aesthetic degradation, etc. technique, which is intended to minimize visual impacts. Policy 10.7: Control the development of industrial and other uses that use, store, The Project Site has been an ongoing active produce, or transport toxins, generate mining operation for many decades. The Proposed unacceptable levels of noise, air Project includes the relocation of mining emissions, or contribute other pollutants operations within the defined mining boundary; the requiring adequate mitigation measures operations do not use, store, produce, or transport confirmed by environmental review and toxins to or from the Project Site. monitoring. Land Use implementation Programs Page 5 of 12 of Azusa General Plan ProposedCitN, , LU5: Development Agreements Development Agreements are authorized by State law to enable a city to enter into a binding contract with a developer that A Development Agreement is a component of the assures the city as to the type, character application to relocate the mining at the Project and quality of development and additional Site and revised Reclamation Plan. "benefits" that may be contributed and assures the developer that the necessary Cevelopment permits will be issued regardless of regulation changes. LUll: Inter -Agency Coordination Consider creating partnerships with entities along the river, in the foothills The proposed application and Development and canyons. Potential partnerships can Agreement provides an opportunity for the City to include but are not limited to the Corps of interact with Vulcan. Engineers, mining companies, local residents, local homeowner associations and neighborhood organizations Chapter 5: The Natural Environment Open Space and Biological Resources Goals and Policies GOAL 7: Cooperate and coordinate with the mining companies, other appropriate agencies, and the public to enhance wildlife habitat in abandoned and reclaimed mined sites. Policy 7.1: Determine the feasibility of restoring abandoned mined areas and/or The Final reclaimed Project Site would be suitable quarries to natural habitat for plants and for passive open space capable of supporting wildlife until other uses are desirable or wildlife habitat. needed. Mineral Resources Goals and Policies GOAL 1: Balance the need for mineral resource extraction with the City's goals to minimize biological, aesthetic and other impacts. Page 6 of 12 City of Azusa General Plan Goal/Policy Proposed Project Elements Policy 1.2: While permitting existing mineral resource extraction and The proposal to relocate mining operations from processing, if necessary, encourage the east portion of the quarry to the west portion of relocating mining operations to less the quarry would reduce the visibility of the mine environmentally sensitive and less visible from Azusa. locations and to areas of more compatible land use. The proposal to relocate mining operations to the Policy 1.4: Limit the effects of mining west side of the Project Site would limit the visual, operations on residents, businesses and audible and dust impacts of the mining operation visitors to Azusa. Effects include but on the residents of Azusa. Truck traffic will be are not limited to visual impacts, noise, reduced through the continued use of the conveyor dust and truck traffic. system. The proposal to relocate mining operations from Policy 1.6: Minimize additional visual the east portion of the quarry to the west portion of changes to the hillsides visible to the Project Site would reduce the visibility of the Azusa. mine from Azusa. The proposed revised Reclamation Plan would Policy 1.7: Encourage timely accelerate the reclamation of the east portion of the reclamation and conversion of mines to Project Site, begin reclamation of the west portion other uses. of the Project Site and institute state-of-the—art reclamation techniques. Policy 1.8: However, recognizing the community's strong interest in improving and accelerating reclamation and A Development Agreement and Environmental reducing the environmental impacts of Impact Report are components of the application existing mining, trade-offs affecting to relocate the mining at Azusa Rock Quarry. The ongoing operations may be considered entire proposal will be subject to noticed public through a formal development agreement hearings to provide public participation. based on appropriate public participation and environmental review. C. The design, location, size and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity. The size, location, and operating characteristics of the Project Site are identical to the existing use under CUP 89-20, excluding a six acre reclamation easement. While the Project Site remains the same, the location of the surface mining will transfer from the east side to the west side of the Project Site. The operating methods of the mining operation will remain the same with no change in equipment, mining methodology, or processing. The reclamation techniques will be revised and re -phased, with the existing steps on the east side of the Project Site being recontoured and reclaimed with a state-of-the-art micro -benching technique much sooner than Page 7 of 12 under the current Reclamation Plan. Reclamation on the west side of the Project Site will occur concurrently with mining operations. Because the location, size, and operating characteristics of the Project Site are the same under the proposed Modification to Conditional Use Permit CUP 89-20 as under the existing CUP 89-20 (excluding the reclamation easement noted above), the Proposed Project is compatible with the existing and future land uses in the vicinity. While the location of the surface mining activities will shift from the east to the west side of the Project Site, the entire site is zoned for and compatible with surface mining activities. Furthermore, the future land uses in the vicinity — passive open space and recreation — are the same under the modified and existing CUP. D. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities and the absence of physical constraints. The Project Site is currently an operating surface mine in compliance with the conditions of approval imposed on CUP 89-20. The proposed Modification to Conditional Use Permit CUP 89-20 will not change the type, density, or intensity of the surface mining operation. While the Project Site remains the same, the location of the surface mining will transfer from the east side to the west side of the Project Site. The proposed modification does not increase the permitted production limits. The operating methods of the mining operation will remain the same with no change in equipment, mining methodology, or processing. The reclamation techniques will be revised and re -phased, with the existing steps on the east side of the Project Side being recontoured and reclaimed with a state-of-the-art micro -benching technique much sooner than under the current Reclamation Plan. Reclamation on the west side of the Project Site will occur concurrently with mining operations. Moreover, all required infrastructure, including roads, utilities, and production equipment is in place. Thus, the site is physically suitable for the proposed changes to the existing surface mine. E. Granting the permit would not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. Approving Modification to Conditional Use Permit CUP 89-20 will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district because the requested modification will not expand the mining operations already in existence. Thus, any detrimental impacts resulting from the requested modification are the same as those resulting from the existing entitlement. Moreover, the changes to the Reclamation Plan represent improvements that inure to the benefit of the public interest and welfare. The proposed plan to recomour and micro -bench the existing steps on the east side of the Project Site is a vast aesthetic and environmental improvement over the existing conditions and approved Reclamation Plan. The health and safety aspects of the Modification to Conditional Use Permit CUP 89-20 are analyzed in the Environmental Impact Report being analyzed concurrently herewith, whose analyses support the conclusion that the proposed project's impacts are not detrimental to the public health or safety. Page 8 of 12 SECTION 4: That in accordance with Sections 88.44.040.A.2 and 88.44.050.13 of the Azusa Development Code, the City Council hereby approves the Reclamation Plan based on the Staff Report, all written and oral comments and testimony presented to the City Council, and the following findings: Pursuant to Chapter 88.44 of the Development Code, a Reclamation Plan shall comply with Chapter 88.44 and the requirements of and items listed in Public Resources Code Section 2770 et.seq. The Reclamation Plan complies with Development Code Chapter 88.44 and Public Resources Code Section 2770 et. seq. for the following reasons: The Reclamation Plan contains all of the information required by Public Resources Code Section 2772, including but not limited to: the anticipated quantity and type of minerals for which the proposed project is to be conducted (see Table 8 and Section 3.2 of the Reclamation Plan); the date for termination of mining (2038); and a statement that the person submitting the reclamation plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan (see Section 5.0 of the Reclamation Plan). A detailed list showing the sections of the Reclamation Plan and those requirements of Section 2772 with which they comply is found in the Reclamation Program located in appendix A.8.2 to the Draft Environmental Impact Report for Modification to Conditional Use Permit CUP 89-20. The Reclamation Plan complies with Public Resources Code Section 2773, in that it is applicable to the Project Site, is based on the character of the surrounding area and the specific characteristics of the property, and establishes criteria specific to the Project Site for evaluating compliance with the approved reclamation plan. Additionally, the Reclamation Plan complies with all of the requirements found in Title 14 of the California Code of Regulations, Sections 3500-3505 and 3700-3713. A detailed matrix showing the sections of the Reclamation Plan and those requirements with which they comply is found in the SMARA Conformance Matrix located in appendix A.8.6 to the Draft Environmental Impact Report for Modification to Conditional Use Permit CUP 89-20. Pursuant to Public Resources Code Section 2773. 1, the City has required Vulcan Materials Company, as part of its Reclamation Plan, to provide financial assurances in the amount of $80,000,000.00, and in the form of a Financial Assurance Bond with the City updated on an annual basis, to ensure that reclamation is performed in accordance with the Proposed Project. SECTION 5: Based on the Staff Report, all written and oral comments and testimony presented to the City Council, and the aforementioned findings, the City Council does hereby approve Modification to Use Permit No. CUP 89-20 and the revised Reclamation Plan for the Azusa Rock Quarry, located at: 3901 Fish Canyon Road, Azusa, California. The City Council's approvals are subject to the conditions of approval to Modification to Use Permit No. CUP 89-20, attached hereto as Exhibit B. Page 9 of 12 SECTION 6: The City Council's approval contained in Section 5 of this Resolution shall be contingent upon the City Council's approval of the Development Agreement between Vulcan and the City. In the event the Development Agreement is not recommended for approval, the City Council's approvals in Section 5 shall be null and void. SECTION 7: The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 6th day of July 2010. XOSEPfi R. ROCHA, MAYOR CITY OF AZUSA CITY OF AZUSA I HEREBY CERTIFY that the foregoing resolution was duly passed by the CityCouncil ofthe City of Azusa at a regular meeting of the City Council thereof on the 21 st day of June 2010, by the following vote of the City Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS NOES: COUNCILMEMBERS: ROCHA ABSENT: - COUNCILMEMBER�S: NONE L GPir VERA MENDO A, CITY CLE CITY OF AZUSA APPROVED AS TO FORM: BEST BEST & KRIEGER LLP CITY ATTORNEY Page 10 of 12 EXHIBIT A MAP OF PROJECT SITE Page 11 of 12 West S..ide Swr�ei Vl.wl MveH MwumcM fey ,�zu.e Red rN . VMC and 0.GP, septemb u A, 2000 N Proposed Plan Final Contours Azusa Rock Quarry EIR Gny of Azaiq Gaafarnla _ Figure 4.1-8 East Side New Plan - Final Contours. The new plan. reyuiies the contouring of the slopes usOt�ntico-behehes tether thad-ttie'40-ffwt bencfies entp oyed aurrantly on the cast side of the property. 'n; now micro -benches will improve the visual characterof the site:by creating a trlctm natural looking la¢dfomt. keclamation of the east:Side afthe 4uoparty Will begin immediately and will :also include repiaecment of the. 40 -foot benches immediately south of the 80 acres. All other areas will be reelai M concurrently as theoperalion advances. EXHIBIT B CONDITIONS OF APPROVAL Page 12 of 12 MODIFICATION TO CUP 89-20 AND REVISED RECLAMATION PLAN EXHIBIT B CONDITIONS OF APPROVAL General Conditions of Approval 1. All quarrying activities shall be within the subject property boundaries and consistent with the approved Conditional Use Permit and Reclamation Plan. 2. Plant operating hours shall be Monday through Saturday from 6:00 am to 10:00 pm, with Sundays and federal holidays closed, except that operations on Sundays may be approved by the City on a case by case basis. Maintenance and repair do not constitute plant operations. 3. Azusa Rock shall file with the City within ninety (90) days a site plan showing the location and capacity of existing and proposed equipment. 4. All primary rock crushing operations shall be underground below the surrounding ground level or buffered by rock piles, earth berms, retaining walls or sound absorbing barriers at least twelve feet above the top of the crushing chamber or any other such measure as required to ensure compliance with City noise ordinances, to the satisfaction of the Director of Economic & Community Development. All operations shall be conducted in compliance with applicable South Coast Air Quality Management District rules. 5. All requirements of the City shall be met, including but not limited to the following: a. All necessary permits shall be obtained. b. All applicable Building Division, Engineering Division, Planning Division, and Fire Dept requirements shall be met at all times. 6. The Conditional Use Permit regulating the quarry shall be in effect for 25 years, through December 31, 2013, and shall be renewed for another 25 years, until 2038, if there is substantial compliance with the conditions of approval. Monitoring for the reclamation plan and financial assurance bond shall occur annually and, upon being transmitted to the State Office of Mine Reclamation pursuant to SMARA, shall be submitted to the City Council for review. The Conditional Use Permit regulating the operation of the quarry shall be reviewed every two years by the Planning Commission for substantial compliance with this approval. Any action of the Planning Commission regarding the biennial compliance review is appealable to the City Council within twenty (20) days of the Planning Commission's action. This Conditional Use Permit and all of the rights conferred under this Conditional Use Permit shall terminate on December 31, 2038 and shall not be amended to expand mining rights. 7. The applicant shall indemnify, protect, defend, and hold the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Community Redevelopment Law, Surface Mining and Reclamation Act, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. 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. 8. The site .of all operations shall be in compliance with the fencing plan on file with the City. 9. The applicant shall enter into reimbursement agreements and deposit sufficient monies to cover staff's costs associated with reviewing future plans, studies, compliance reports or other items associated with this approval. 10. The Mitigation Measures included with the Final Environmental Impact Report for the Proposed Project are incorporated herein by this reference and hereby made conditions of approval to CUP 89-20. 11. The conditions of approval may include certain fees, dedication requirements, and other exactions. Pursuant to Government Code section 66020(d), these conditions constitute written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The applicant is hereby notified that the 90 -day protest period, commencing from the date of approval of the project, has begun. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exactions contained' in this notice, complying with all the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions. 12. The applicant will pay any development impact fees or make any dedications required by the City at the time the applicant receives any ministerial permits required for the project. Page 2 of 6 13. No later than one year following the final approval and the granting by the City to Vulcan of all land use entitlements necessary for Vulcan to excavate, mine, reclaim and develop the entirety of the Site during the term of this Agreement, all as pursuant to the Planning Documents, including the expiration of all appeals, reconsideration periods or legal challenges, Vulcan shall dedicate to the City an easement for open space Trail Head purposes on the portion of the Site as set forth in the Development Agreement site map in Exhibit "E" and legally described in Exhibit "F." The Trail Head shall be a minimum of one acre in size and the easement and trail shall run from the Trail Head and connect with the Fish Canyon Trail (the trail that goes over the bridge and that ultimately leads to the Fish Canyon Falls) as represented by the green -dashed line on Exhibit "G" of the Development Agreement, with the exact location of the easement and the trail to be determined by the mutual agreement of Vulcan and the City in their reasonable discretion. Vulcan shall provide access to the trail on a year-round basis; however, Vulcan retains the right to close access to the trail for up to sixty (60) days per year if necessary for maintenance or to accommodate Vulcan's mining operations. 14. All conditions of approval applicable to Conditional Use Permit CUP 89-20 previously approved by the City shall continue to apply and remain in full force and effect, and are attached as Exhibit 1 — City Council Resolution 3546, Exhibit 2 — City Council Resolution No. 8553, and Exhibit 3 — City Council Resolution No. 8978, unless such existing conditions are superseded and rendered invalid and of no effect by a specific condition listed herein. 15. In the event Vulcan in its sole discretion elects to sell the East Mine Area to an unrelated and unaffiliated third party, City will have a right of first offer to purchase the East Mine Area, as follows (a) If Vulcan elects to sell the East Mine Area, Vulcan shall deliver notice to City of the price, terms and conditions under which Vulcan would be willing to sell the East Mine Area. If City is interested in purchasing the East Mine Area, City shall have thirty (30) days after receiving Vulcan's notice within which to notify Vulcan in writing that City accepts Vulcan's offer to sell the East Mine Area for the price and upon the same other terms and conditions set forth in Vulcan's notice, in which event Vulcan and City shall proceed with the purchase and sale of the East Mine Area pursuant to such provisions. If City does not so accept Vulcan's offer within such thirty (30) days, then Vulcan may sell the East Mine Area to any unrelated and unaffiliated buyer. (b) The right of first offer set forth herein (i) is personal to City and shall not be assigned or transferred, and (ii) shall not apply to any sale, lease or transfer of the East Mine Area or any interest therein by Vulcan to any entity which is related to or affiliated with Vulcan. 16. The applicant shall be limited to removing a maximum of 105.6 million tons of PCC grade aggregate over the life of the approval, which shall expire December 31, 2038. Page 3 of 6 17.'Should the City of Azusa determine that a health and safety violation occurred on the project site, the City shall have the ability to require that the applicant cease and desist all operations until the health and safety violation is corrected. 18. For the purposes of reclamation, successful revegetation shall be considered 100% of the existing native plant coverage in undisturbed and un -mined areas located in close proximity to the mined slopes. Reclamation 1. Revegetation and reclamation shall be concurrent and continuous with special emphasis on the cut slopes now visible from the valley as articulated in the reclamation plan approved by the Planning Commission and City Council. 2. Sufficient overburden shall be retained onsite for reclamation purposes. 3. The revegetation effort in each phase of reclamation shall be complete only when the minimum revegetation goals and standards have been achieved and monitored for compliance and verified by independent inspection. Financial Assurance 1. The operator shall prepare and submit a final financial assurance estimate (FAE) for review and approval by State of California DOC and City of Azusa within ninety (90) days of final action by the City Council on the revised Reclamation Plan. 2. Upon approval of the FAE, the operator shall provide a financial assurance instrument in form and value to the satisfaction of the State Department of Conservation and City of Azusa within sixty (60) days of FAE approval. Aesthetics 1. Project -related structures shall be painted with non -intrusive colors that blend into the surrounding landscape (e.g., beige, green -hues or grey). Air Quality 1. South Coast Air Quality Management District regulations and rules shall be followed, including those for permits and implementation of Rules 403 and 1157. 2. Access roads (not in -mine roads) shall be hard surfaced, or maintained using a dust binding agent or through the application of water. 3. Dust control measures shall meet or exceed those required by the rules and regulations of the South Coast Air Quality Management District, including but not limited to, the following: Page 4 of 6 a. All access roads, including the areas of excavation, and cat tracks, shall be watered down regularly or a dust binding agent will be use to control dust. b. All watering equipment shall be checked and tested every six months. 4. If winds exceed 25 mph as an hourly average, site disturbance activities, including but not limited to blasting, shall be suspended. Soils & Geology 1. The east slope buttress shall be designed by a qualified geotechnical engineer and approved by the City prior to its construction. A geotechnical engineer shall be on-site during construction of the buttress to assure accurate construction methods are employed and shall create a report of its construction and maintenance upon its completion. Traffic & Circulation 1. Quarry materials shall be transported via a conveyor belt system across the San Gabriel River for processing at existing processing facilities. No mined quarry materials may be transported by truck via Encanto Parkway or via the haul road that runs adjacent to the conveyor belt system. Hydrology/Water Resources 1. The project applicant shall ensure that on-site vehicles and equipment are kept well maintained and in efficient operating order to minimize potential oil or fuel leakage. 2. The operator shall construct and utilize sediment catch basins to prevent downstream transport of operations -generated debris, as necessary. 3. The operator shall ensure that all project related runoff; including runoff resulting from any dewatering and dust suppression activities, meets the water quality requirements of the Regional Water Quality Control Board. Biological Resources 1. Standard dust control measures, as discussed in the air quality section of the Final Environmental Impact Report for Conditional Use Permit C-89-20, shall be used to reduce potential dust impacts upon biological resources. Noise & Vibration 1. Mining and excavating activities near the southwest boundary and the very northwest portion (Phases I -W & II -W) of the project shall be restricted to the hours between 7:00 AM and 6:00 PM on weekdays until the excavations result in the creation of a line of sight (LOS) barrier of 20 -feet or greater in height between the operational face and the Page 5 of 6 sensitive receptors. Otherwise, site operations may occur during the standard 6:00 AM to 10:00 PM operating hours stated in General Condition No. 2. (See N-1 of DEIR) 2. Explosives shall be used only when other excavation methods prove infeasible. Notification shall be provide to the Azusa Police Department and City Manager's office a minimum of 24 hours prior to blasting. All blasting shall comply with US Bureau of Mines Bulletin 656. Page 6 of 6 Exhibit 1 HESOLUTION NO. ;546 1I .. P. RESOLUTION OF TY_CITY COUNCIL OF TIE CITv OF AZUSA GRANTING A SPECIAL USE PERISIT 2 311 as 'olloaa. ` The City Council of the City odoes r _" Azusa d=sol;re �ECTION 1. The City Council does hereby f,.nd and deter- s nine than' application for i?)e iollo;win� special use permit :;2s duly r.:ate in �r.•iting, that the same was set for hearing be'ore 6 t;;e Pla�ni�:g Cor^miss ion, that due notice of said hearing ;-as dui;, gi:.en, that upon said public hearing being held, the Planning 7-CorWission Fade its findings and report to the City Council to the effect 'that the saidspecial use permit should be granted, 8 and ii;a_ the proposed use will not be a menace to or endanger the public health, safety or general welfare. 9 SEGTTOP'I 2. Haring reviewed the report and , :ons of e Planning P " es hereby � �� Co��m:ission, the City Council does hereuy confirm the action of the Planning Commission and does hereby 11 gi'a`, aJretial use permit for the excavation and removal oi' rocx, sand and gravel• operation of a rock plant; roti: crusher plant: 12 operation_ of a ready-mi;;Voncrete plant; and asphalt Dlant upon tine and e property described in A attached hereto b`7 ibis 13 reference made a part thereof, subjedt to the following conditions the violation of any of wh'ch shall be grounds for revocation of 14 his special use permit by tine City Council, to -wit: 15 1. The site of all operations shall be completely enclosed by a chain link fence at least six feet iii height. 16 All primary rock crushing operations shall be under - 17 _-round,• and all operations shall be conducted in compliance With all requirements of the Air Pollution Control District. 18 and maintained Access roads shall be hard sur£acecV/or Bret doem at lg all .-imes during use, 20 - Access from Fish Canyon Road shall be limited to Lhe first 200 feet north from Huntington Drive. 21 ii 'v(aste material excavated shall be used _or land 22 _ eclarti.tion purooses. 23 c All operations on the site shall be limited t0 the hours betsseen 6:00 A.M. and 10:00 P.1N.of an, day, e,.cc 0t 24 in case of public emergency 25 7. The City of Azusa shall have the right to use any private roads developed for access to site, for any mu;-icipal 26 waste disposal purpose, subject to a joint maintenance agree- ment on any roads so used. 27 SECTION 3. The City Clerk small certify to the adoption 28 of this resolution and shall transmit a certified copy thereof to td -ie applicant for said special use Dermit. 29 Adopted and approved .this 27th day of Nov. 1;55. 30 zn - Mayor - 1 2 3 4 5 6 7 8 10 11 12 13 1 19 20 21 22 23 2s 27 28 29 30 31 32 _T he_^e by certify that the foregoing resolution �;as duly adopted b: the City Ceurc_1 of 'the City Of Azusa at a regular ❑ie e'cin thereof held on the 27th day of November, I—=,6, the fcllorrng vote of -the Council: A_,3 Councilmen: rai•;cet t, Romero. Memmesheirner NOES: Councilmen: Johnson ':^nSEPP: Councilmen: Grtuno City Clerk rFdFU.=a-T ... s ier,-ter . _, , t..,a :zur"w`:1F-'+:'..i quarter The W.c'r-t[ter_s.- :lc r QrnJ1 � G4 u-Lck�nae B s #l.in th= of v',a'_ifcrn1a. .q;.:G. - r'? t�5ry ._,:.-_,' :'ps4,i- r€ .,._ nxarthlent :,!,%C the Ne'C - %,y*rte=r of - scutr„ as`.. oua.r�=_-�'.,..eka g:or-=t.n efC 7,7e ..r a, `r;<• :M;r - .rzr 5rcti.,n 22 In Sale Town Ship and n�nff deart7'asT, .Z)::.. th..�Aa`, -- : ..-54. rv.�rt yxie 9. quarter of sol: Seu ion -, sold nQc•thW85t :7r;a;-ie. 610 r>.F.t: ;`rve as ^.F?•_ - .-.... os u.c9PEeT,, d50- a point in the PcUzjj h� of 1, 6 foot t� t _ iaJf i:f the norLh- ,efi;; quarter of the i,az,L ii; r. T:n-ac= F BB dm9^rii•rd +- the d.ee6 to tha: (OOu tt c.f tee ?:nre lies, re_ n carded Sn '_;ook 5:.53, Fef9a 56 R strip of lend &0 fs1t w: d^: rG foot strip of ie:nd kying Within the nu�ti;-:.�. r,• •.ie.:4er of northwest quarter of southwest lu,,." ,...� ssi �`.:-tjon Rn -,d do -,i,�•_sP, of and lYir�F -�21C'-feet sou thee... .___ .,_- 22, the foilo}vin& ]escrireB. iine: F4eCinring ate po`.nr, u;: n ct-z '..tJ.jr ' -r,e $Lat ion E of exterior boy+nc;e sv Of shown in :'ock 6 Me gr, "ce"p"s .. . . ,nd the southwest corner of so" __... ... ._ . _. South 444 15" Zest 'By 43 fee`. :rum 180 211 55" Rant TWO feet to Lhe cov=n aye to the scu..t:ns. ha�..r:•q a, r'6i 5 of Z""3 fent and being tans:"& qt 35W w:;i"- . mentioned :,urSF: `hl"91 "Ong said curve feet ... the end 0 spot; tangent .,,, said CHr-„ bcsr f T'' ._ o'Lnt. PARCEL 2: C:. .. .-.:ta Q}' D, '�.271 a:'.r=.) om- mer:cink sent. 415 fe.., Cronthe r1rInwEst :hmoc quart" of aw"'th"I ':tArf.er " 22, TOWr:OOI 1 North, Range 10 West; Qenoc meet Ty .._..c with 4 LLCtiU r'.: depth Df 660 feet, south p-rt ,,.f' r If: r". R:4 s.�iL f�,. - 9:'CEP Or ':CP`..It!0 ••n!= ;{Ufi rtfr .=, Townhip _ .:wtl:, Ba 10 WYK, lex Of i) lEi.. _,. a.,, at "$1 ,.rr of :rN ,.. ..• _ „f 2?, T 1 N. .i L'.:'• p' , to L. 590 ft; the SE t,. - at ... .. _. rir 96 h�; 1�'4, $est 7A :16 f�.et r_ca: Southw=et .,_.vne t4or,oq thence ri• 214 ft. :;he'nc'e 1:. 1320 1.. tRei K:.. �i� =Fl E1 (v �J JEy' -pr,,_ to 1/, 3W , cr r•f MW W Of We. T _ N_ R 1: t1, FRRCEL n 40 acre , W-_. LOOM V 1- -f the ,_„ ,.,. _.•_ ,=a Of lecticn W, T'cknsh! : 1 Nc.;'t% r18t1g P. tU hest., ... .� „t Un Cy I A RC EI_ y,, _. .. a: ei_n. fer.. of :.w=:. ''_ .•!a) ,'8 redeerec under, jentiw, Ad_, ben ng nor Pnwes` 1/0 F.r ,,,,_.; �. ... -, _,. sn t northwest 1.'4 -, S .:'.. i.-n _ 'r I<. i. ..'. s . L•: ' .. -,,t} Exhibit 2 RESOLUTION NO. 8553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING RESOLUTION NO. 3546 AND 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 RESOLVE AS FOLLOWS: - SECTION 1. 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 and further described therein, subject to certain conditions of approval. B. On March 21, 1988, the City Council of the City of Azusa directed the Planning Commission to hold hearings on the possible revocation of said special use permit. C. The Planning Commission held duly noticed public hearings on April 20, 1988, June 8, 1988, August 3, 1988 and September 7, 1988, concerning problems on the quarry site and whether the special use permit shouldberevoked. D. At said hearings before the Planning Commission, many persons testified and documents were received into evidence. E. On September 7, 1988, the Planning Commission adopted Resolution No. 2602 recommending to the City Council that the Special Use Permit be revoked. F. On October 3, 1988 and November 21, 1988, the City Council of the City of Azusa held duly noticed public hearings concerning problems on the site and whether the permit should be revoked. In addition, the notice of the public hearing for November 21, 1988, also specified that the Council would consider potential mitigation. measures for the site in addition to revocation. At said 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 before the City Council the Council also received the testimony of many persons and many documents in addition to those received by the Planning Commission at the Planning Commission hearings. The Council members reviewed all the evidence and testimony presented at both the Planning Commission and City Council hearings. 12/9/88 PMT/RES5631 SECTION 2. The City Council of the City of Azusa further finds, determines and declares that: A. Airborne dirt and dust from the quarry operations on the hillsides and from heavy truck traffic on Encanto Parkway has bothered neighboring residents of the quarry. Air quality studies conducted by Azusa Rock and City of Duarte have produced contradictory evidence as to the extent of this problem which is attributable to the Azusa Rock Quarry operations. Consultants hired by Azusa Rock prepared a study that indicated that prevailing wind patterns into the Foothills and other onsite factors result in minimal dust emissions outside of the subject property. Consultants hired by the City of Duarte contended that this study seriously underestimated air emissions from Azusa Rock which impact nearby residents. Although the South Coast Air Quality Management District has received occasional complaints about the quarry, Azusa Rock has not received any citations from the SCAQMD for dust emissions since 1986. H. Heavy trucks traveling to and from the Azusa Rock Quarry along Encanto Parkway have posed traffic hazards for residents of adjoining neighborhoods. Traffic studies appear to indicate that the level of traffic on Encanto Parkway does not exceed the carrying capacity of the road. However, testimony has been received that the truck traffic, especially in the early morning hours, is a disruptive influence on the residents who live adjacent to Encanto Parkway. C. The quarrying operations on the subject property and the resulting truck traffic.have resulted in noise impacts on surrounding properties. Noise from the quarrying activities on the subject ;property are often difficult to separate from other background noise, but mining on the hillside creates noise levels audible from increased distances. Heavy truck traffic on Encanto Parkway results in high noise levels, but state laws prohibit cities from enforcing their noise ordinances on traffic on public streets. D. The stability of the hillside areas has been questioned due to the existence of nearby geologic fault zones and the experience of slope instability on other similar areas. Geological studies performed so far have proven to be inconclusive in determining whether any lack of slope stability is present on the subject site which could present a public safety problem. E. The scar on the hillside created by the quarrying operations on the subject property is visible at times across the San Gabriel Valley. In areas in close proximity to the foothills, the scar is so prominent as to become a dominant physical characteristic of the entire hillside. -2- 12/9/88 .-�41/HGJ JU3I F. The problems identified in subparagraphs A through E, inclusive, alleged public health and safety problems, can be mitigated to acceptable levels by the conditions set forth in Section 3 of this Resolution based upon the information available to the City at this time. SECTION 3. Based upon the findings set forth in Sections 1 and 2 above, Resolution No. 3546 and the Special Use Permit described therein are hereby amended to add the following conditions to said resolution and permit: A. Plant operating hours, except for trucking operations on Encanto Parkway, shall be Monday through Saturday from 6:00 a.m. to 10:00 p.m., with Sundays and holidays closed, except that operations on Sundays may be approved by the City on a case by case basis. Maintenance and repair do not constitute plant operations. B. 1. 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 or the River, using two methods, subject to environmental analysis: Via conveyor belt, and b. Via trucks using a new road, with the preferred alignment being across the River, traversing southwesterly along the east bank of the River and connecting to Foothill Boulevard. The road shall be constructed in accordance with Los Angeles County and U.S. Army Corps. of Engineers' requirements, including but not limited to providing a grade separated interchange at the existing bike trail. 2. The new road and conveyor belt, which will remove truck traffic from Encanto Parkway except when the River is impassable, 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 adequately mitigated, Fish Canyon Road shall be re- aligned 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 trucks acing 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 -3- 12/9/88 : �"/ AtL� 03I maintenance fund of $10,000 per year, annually adjusted for inflation, shall be established by Azusa Rock to fund pavement 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. If trucks operate on Encanto Parkway, the following truck operating hours shall be in effect: a. For the first 12 months following approval of these additional conditions of this conditional use permit: 6:00 a.m. to 6:00 p.m., Monday through Friday. b. After the initial 12 month time period: 7:00 a.m. to 6:00 p.m., Monday through Friday. 2. The rate of transportation on Encanto Parkway shall at no time exceed 20 truck loads per hour up to 5 p.m. and 10 truck loads per hour between 5:00 p.m. and 6:00 p.m. No trucks shall be allowed to arrive earlier than 15 minutes prior to 6:00 a.m, during the first 12 months, or earlier than 30 minutes prior to 7:00 a.m. thereafter, or after 6:00 p.m. There shall be no trucktrafficon Saturday, Sunday or holidays, except in the event of an emergency. D. All quarrying activities shall be within the subject property boundaries. The temporary access road west of the gun club property shall be realigned to a locationcompletelywithin the - boundaries of the subject property, and revegetation and reclamation of the damaged area of the adjacent property shall be commenced in six (6) months. Upon completion of realignment or within one (1) year, whichever i s sooner, an aerial photograph of the subject property with the property lines delineated shall be submitted to the City for future monitoring. E. Dust control measures shall meet Or exceed those required by the rules and regulations of the South Coast Air Quality Manacement District, including the following: 1. All access roads, including the areas of excavation, and cat tracks, shall be watered down regularly to control dust. The shoulder of Fish Canyon Road and Van Tassel levee and the areas around the plant, shall be watered down using dust palliatives. 2. The road from the scale to Fish Canyon Road shall be paved. -4- 12/9/88 PMT/RF.S5631 3. All trucks shall be watered and washed down before they leave the quarry site. 9. All watering equipment shall be checked and tested every six months. 5. Regulation 13, New Source Review, ofthe SCAQMD regulations shall be complied with at all times. F. In order to -improve the aesthetics of the quarry operation the excavation approach.shall be modified such that the cut slopes will be oriented to the west, away from the Valley. In addition, revegetation and reclamation shall occur on an ongoing basis, with special emphasis on the cut slopes now visible from the valley. G. A geotechnical report shall be prepared and submitted to the City within one (1) year, indicating drainage patterns and the maximum allowable slope anale in order to protect the - public health, safety and welfare, as well as to encourage soil deposition to assist in reclamation and re -vegetation. H. All areas of operation shall be fenced with chain link. A fencing plan shall be submitted for City approval. I. The conditional use permit regulating the quarry shall be in effect for twenty-five (25) years following the date of approval of this resolution, 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 every two years by Staff and the Planning Commission for compliance with these conditions, which will be subject to a duly noticed public hearing with any action of the Planning Commission appealable to the City Council within twenty (20) days of the action. J. Explosives shall be used only as a last resort after other excavation methods prove infeasible and shall be reported and approved in advance by City Staff on a case by case basis using, the U.S. Bureau of Mines Bulletin 656. K. Public access to Fish Canyon Falls shall be restored in accordance with a negotiated settlement between the U.S. Forest Service and Azusa Rock. L. Azusa Rock shall file with the City within ninety (90) days a site plan showing the location and capacity of existing and proposed equipment. The use of additional equipment or any intensifi- cation or significant change of location of operations shall not be permitted without first -5- 12/9/88 obtaining a Precise Plan of Design on each occasion. M. A reclamation fund shall be created, to be jointly managed by the City and Azusa Rock, for the purpose of reclamation. Azusa Rock shall con- tribute a minimum of $.02 per ton to this fund. All interest earned shall accrue in the fund. N. Conditions of approval for Resolution No. 3546 which are not in conflict with those listed in subparagraphs A through M, inclusive, of this a Section, shall remain in full force nd effect. SECTION 4. 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 Administrative Code and other applicable law. Additionally, the Council finds that this action will have no adverse effect upon the environment. The Director of Community Development shall forthwith file a "Notice of Exemption" with the County Clerk and the state office of Planning and Research. SECTION 5. Section 1094.6 of the California Code of Civil Procedure shall be applicable to the actions of the Council set forth in Section 3 hereof. Although the City of Azusa is the applicant in this proceeding, the City Clerk shall nevertheless send a certified copy of this resolution to Glenn R. Watson, Esq., on behalf of Azusa Rock Company; Marlene A. Fox, Esq., on behalf of City of Duarte; and to Carol Montano, President, of Committee to Save the Foothills; at the addresses described in testimony before the City Council. Such mailing.shall constitute notice to said Dersons 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 on this resolution. SECTION 6. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of /(December - 1988.. / 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 19th day -6- 12/9/88 PMT/RES5631 of December 1988, by the following vote of the Council: AYES: COUNCILMEMBERS AVILA, STEMRICH, NARANJO NOES: COUNCILMEMBERS LATTA, MOSES ' ABSENT: COUNCILMEMBERS - NONE CITY 'CLERK -7- 12/9/88 Exhibit 3 RESOLUTION NO. 8978 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ,AZUSA AMENDING RESOLUTIONS NO. 3546 AND 8553 AND MODIFYING THE CONDITIONS OF APPROVAL THEREIN FOR THE SPECIAL USE PERMIT FOR AZUSA ROCK COMPANY QUARRY THE CITY COU14CIL 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. 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 adopted Resolution 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 buffet 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 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. istrict." 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. onth." 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 4. 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 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 6. 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 7.. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of December 1990. &woz . fW� MAYOR ATTEST: DEPUTY Cltf, 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 17t11 day of December. , 1990, by the following vote of the council: AYES: COUNCILMEMBERS DANGLEIS, ST`-VMCH, NARANJO NOES: COUNCILMEMBERS ALEXANDER, MOSES ABSENT: COUNCILMEMBERS NONE ITY Com. -4- 12/11/90 pmt:RES539171