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RESOLUTION 5785
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 92-003
(INCLUDING THE OPERATIONS PLAN) AND THE RECLAMATION
PLAN FOR A PROPOSED INERT LANDFILL AT 12321 LOWER AWSA
ROAD, WITH FINDINGS.
WHEREAS, a Conditional Use Permit application (including Operations
Plan) and a R~I~!iOn Plan for an inert landfill were filed by Rodeffer
Investment1;Iftei., on December 9, 1991, Planning Department Case No. c.u.P. 92-003
(commonly known as the "Project and incorporated herein by reference), at 12321
Lower Azusa Road, more particularly described in Exhibit A; and
WHEREAS, a public hearing was held before the Planning Commission on
September 14, 1993, at which time all interested persons were given full opportunity
to be heard and to present evidence; and
WHEREAS, after the public hearing the Planning Commission voted 5-0 to
recommend to the City Council approval of Conditional Use Permit 92-003 and adopted
Planning Commission Resolution 1503 expressing the Commission's comments and
recommendation to the City Council regarding Conditional Use Permit 92-003 for a
proposed inert landfill and Reclamation Plan at 12321 Lower Azusa Road; and
WHEREAS, on March 15, 1994, the City Council held a public hearing on: (1)
Conditional Use Permit 9~-003 (including the Operations Plan); (2) the Reclamation Plan
and (3) the Final Environmental Impact Report for the conditional use permit and
reclamation plan for a proposed inert landfill at 12321 Lower Azusa Road.
WHEREAS, as part of the record of this hearing the City Council reviewed and
considered:
a. All staff reports and related attachments and exhibits submitted by the Planning
Division to the City Council.
b. The record of the Planning Commission hearing regarding C.U.P. 92-003, the
Reclamation Plan and the Draft EIR.
c. All letters, information and material presented as part of the public
testimony at the City Council public hearing on March 15, 1994, including the staff
report, the Final EIR, and all oral presentations and documentation presented at the
public hearing.
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WHEREAS, the record of the hearing does not include transcripts or
testimony of the Assembly Select Committee's hearing on groundwater
contamination and landfill leakage dated December 10, 1993.
WHEREAS, at the conclusion of the public hearing the City Council reviewed
the record of the proceeding, discussed and deliberated the issues, approved the
conditional use permit, operations plan and reclamation plan and directed staff to
prepare this Resolution to reflect their findings and decision consistent with the
staff report and their deliberations.
WHEREAS, a primary goal and purpose of the conditional use permit and
reclamation plan is to comply with the State Legislature's mandate to reclaim the
quarry to a usable condition which is readily adaptable for alternative land uses as set
forth in the Surface Mining and Reclamation Act of 1975 (SMARA).
WHEREAS, the above recitals are hereby incorporated as part of the findings set
forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DECIDE AND RESOLVE AS FOLLOWS:
Section 1. Findings.
The Conditional Use Permit, Operations Plan and Reclamation Plan are
approved and adopted pursuant to the following findings and subject to the
conditions set forth below.
1. That the granting of such Conditional Use Permit will not be detrimental
to the public health or welfare or injurious to the property or improvements in
such zone or vicinity because the quarry will be filled, the slopes stabilized
consistent with the objectives of the Project and the conditions of approval listed
below and the Mitigation Monitoring and Reporting Program (hereby incorporated
by this reference) includes measures to reduce potential impacts on adjoining
properties.
2. That the use applied for at the location indicated is properly one for which
a Conditional Use permit is authorized because all uses in the M-2 zone require a
conditional use permit per Section 9267.1 of the Arcadia Municipal Code.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, all yards, spaces, walls, fences, parking, loading, landscaping,
and other features required to adjust said use with the land and uses in the
neighborhood in that the Project description for the 85:!: acre site provides multiple
stacking lanes for all trucks based on the worst case trucking scenario; there will be
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no off-site stacking. The wall along the west property line will be repaired and the
site will be improved with landscaping and fencing prior to commencement of
landfill operations to the satisfaction of the Planning Division.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use in that Lower Azusa
Road is designated in the General Plan as a major arterial and is capable of handling
the truck capacity anticipated in the operations plan. The Draft EIR provides specific
mitigation measures to offset any potential impacts on the I-605/Rivergrade Road
interchange at Lower Azusa Road. Per the conditions of approval set forth in this
Resolution there will be no truck ingress to or egress from the site from or to the
west on Lower Azusa Road. All vehicles except personal automobiles of employees
shall enter and exit from the east via Lower Azusa Road and the 605 Freeway.
5. That the granting of such Conditional Use permit will not adversely affect
the comprehensive General Plan because: (a) the General Plan classification for the
subject site is "Industrial" and the proposed inert landfill operation is consistent
with this designation; and (b) the proposed landfill is consistent with the following
General Plan objecti ves to:
(1) Require existing and new gravel mining operations to comply with
City Regulations and the 1975 California Surface Mining and Reclamation Act.
(2) Reclaim depleted gravel mining sites so that they may be
developed with uses consistent with the zoning regulations.
The Project as proposed, including all the specific conditions set forth in this
resolution, including the mitigation measures, Final EIR (hereby incorporated by
this reference) and the Mitigation Monitoring and Reporting Program will comply
with the objectives and policies set forth in the General Plan by returning the site to
a usable condition for future use.
Section 2. Conditions of ApprovaL
That for the foregoing reasons the City Council approves Conditional Use
Permit 92-003 to allow an inert landfill at the Rodeffer Quarry subject to the
following conditions:
1. As per the entrance enhancement program identified in the Operations
Plan (page 10), a detailed plan showing the proposed improvements to the entry
shall be submitted to the Planning Division for review and approval prior to
beginning any "construction" work on the project.
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2. The Operations Plan (page 10) indicates that a landscaped earthen berm is
proposed for the perimeter of the property along Lower Azusa Road. A detailed
landscape and irrigation plan for the proposed berm shall be submitted to the
Planning Division for review and approval prior to beginning any "construction"
work on the project. All work shall be completed prior to commencement of the
landfill operation.
3. The wall along the westerly property line shall be repaired and
maintained to the satisfaction of the Planning Division prior to commencement of
the landfill operation.
4. The planting area along the westerly property line and adjacent to the
wall shall be cleared of all debris prior to commencement of the landfill operation
and shall be maintained on an ongoing basis.
5. Prior to beginning operation of the landfill, all necessary site
improvements including, but not limited to improvements to the entry, design
and construction of multiple stacking lanes, landscaping, etc., shall be completed.
6. The hours of operation for the landfill shall be from 7:00 a.m. to 5:00 p.m.,
Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturdays. The landfill shall
not operate on Sundays or legal holidays.
7. No on-site grading activities, equipment operation, compacting,
spreading, etc. shall take place after the hours of operation set forth above.
8. The following conditions set forth by the Department of Public Works
shall be complied with to the satisfaction of the Department of Public Works.
a. Prior to commencement of the landfill operation, the Public Works
Department shall review and approve the applicant's plans for design of the
ingress and egress driveway on Lower Azusa Road and parking improvements
along the roadway frontage.
b. The applicant shall submit a detailed plan on the control of dust, dirt
and other debris in the public right-of-way along Lower Azusa Road. Said plan
shall be submitted to the Public Works Department for its review and approval
prior to commencement of the proposed landfill operation.
c. A wash rack shall be required for all trucks exiting the site, to reduce
the PMlO and fugitive dust.
d. The applicant shall submit a detailed plan acceptable to the Director of
Public Works addressing how the roadway will be maintained throughout the
duration of the landfill operation. In the absence of a mutually acceptable plan, the
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applicant, as a minimum, shall be required to maintain the roadway surface and
pavement structure in a condition satisfactory to the Director of Public Works
throughout the duration of the landfill operation. No maintenance, rehabilitation
or reconstruction work within the Lower Azusa Road right-of-way shall be
performed without approval of the Director of Public Works and issuance of a
required permit. All required work shall be done at the expense of the applicant.
9. Consistent with Section 92773. I(a) of the Surface Mining and
Reclamation Act and the regulations promulgated pursuant to said act, financial
assurances shall be required in an amount to be determined by the City Manager of
the City of Arcadia to ensure reclamation is performed in accordance with the
approved reclamation plan. Said amount shall be deposited with the City prior to
commencement of landfill operations.
10. The applicant and/or operator as specified in the individual mitigation
measures shall be held responsible for:
a. Compliance with the mitigation measures and implementation of the
Project identified in the Final ErR;
b. Compliance with the Mitigation Monitoring and Reporting Program
established by the City per Section 21081.6 of the Public Resources Code.
11. The applicant and/or operator as specified in the individual mitigation
measures shall be responsible for any costs associated with the mitigation
monitoring and reporting required to ensure implementation of those mitigation
measures and Project design features identified in the Final EIR that have been
incorporated into the Mitigation Monitoring and Reporting Program and
conditions of approval.
12. The Mitigation Monitoring and Reporting Program which includes
mitigation measures and Project design features is attached and made a part of
these conditions of approval.
13. An on-site manager shall be present during all operating hours.
14. The operator (Roadway Construction Company or his successor) shall be
responsible for the route and safe operation of all trucks coming to or leaving the
site. All trucks shall be maintained such that there are no "leaks" from which dirt
or gravel can spill onto public streets or highways. The operator will be responsible
for the removal of all spill on public streets associated with this project, at his own
expense. Such removal must occur within 30 minutes of notification by the City of
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any safety hazard caused by such spill. The operator will be responsible for the cost
of any work by the City to remove such spill material.
15. All gates shall be closed and locked when landfill operations cease at the
end of each day and when an on-site manager is not present.
16. The applicant shall indemnify the City against any legal claims made
against the City of Arcadia and shall execute an agreement which meets with the
approval of the City Attorney prior to commencement of landfill operations..
17. The project shall be conducted in accordance with the operations plan
submitted to the City.
18. The applicant shall be responsible for ensuring a safe traffic flow without
congestion or "stacking" of trucks or cars on Lower Azusa Road. In carrying out
this responsibility, a flagman must be provided within 24 hours after requested by
the Public Works Director. After 24 hours, the City will provide a flagman at the
expense of the applicant. Such flagman will also keep a daily count of the traffic
volume into the site.
19. That all traffic to and from this site must abide by all Vehicle codes of
both the City of Arcadia and the City of EI Monte.
20. The applicant shall be responsible for all costs incurred pursuant to the
monitoring and reporting program adopted by the City Council. Said costs shall be
subject to deposit requirements to be specified by the City Attorney.
21. There shall be no truck ingress to or egress from the site from or to the
west on Lower Azusa Road. All vehicles except personal automobiles of employees
shall enter and exit from the east via Lower Azusa Road and the 605 Freeway.
22. The entry area and all landscaped areas along Lower Azusa Road shall be
continuously and adequately maintained in strict compliance with the approved
landscape plan and "entrance enhancement program". Maintenance shall include
regular cleanup of trash and debris on and adjacent to Lower Azusa Road.
23. The conditional use permit hereby granted shall expire and be of no
further force and effect 12 years from the date landfill operation begins.
24. Compliance with all conditions shall be formally reviewed by the Arcadia
Planning Commission one year from the effective date of this conditional use
permit and each year thereafter. If the Planning Commission finds that there is
failure to comply with conditions, they may recommend to the City Council that
revocation proceedings be instituted.
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25. The Rodeffer Inert Landfill shall receive fill material from the operator,
Roadway Construction, Inc., or its successor only.
26. That a 24 hour security guard shall be stationed on the property to
prevent trespassing and illegal dumping.
27. That the property shall not be utilized for storage or repair of trucks or
other vehicles. No storage of any type of equipment {other than equipment being
used in the operation of the landfilll shall be permitted on the property.
28. That c.u.P. 92-003 shall not take effect until the owner and applicant
have executed a form available at the Planning Division acknowledging and
accepting the conditions of approval.
29. Noncompliance with the provisions and conditions of this Conditional
Use permit shall constitute grounds for the suspension or revocation of said
Permit.
Section 3. Findings for Reclamation Plan.
That the City Council finds that the Reclamation Plan meets the
requirements set forth in the State Surface Mining and Reclamation Act and the
regulations promulgated pursuant to said act, and Chapter 5 of the Arcadia
Municipal Code relating to Mining Permits and Reclamation Plans in that: (1) the
residual hazards to public health and safety are eliminated and (2) adverse
environmental effects are prevented or minimized and that mined lands are
reclaimed to a usable condition, which is readily adaptable for alternative land uses.
As per Condition 9 of the Conditions of Approval, financial assurances shall
be required in an amount to be determined by the City of Arcadia to ensure
reclamation is performed in accordance with the approved reclamation plan. Said
amount shall be deposited with the City prior to commencement of landfill
operations.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 5th day of 1 , 199 .
ATTEST:
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STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA)
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the
foregoing Resolution No. 5785 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council on the 5th day of April, 1994 and that said Resolution was adopted by the
following vote, to wit:
A YES: Council Members Fasching, Lojeski, Margett and Ciraulo
NOES: None
ABSENT: None
ABST AIN: Council Member Harbicht
AD
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EXHIBIT A
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That certain real property located at 12321 Lower Azusa Road in
the City of Arcadia described as follows:
That portion of Lot 1 of Tract No. 10369, in the city of Arcadia,
County of Los Angeles, state of California, as per map recorded
in Book 149, Pages 95 and 96 of Maps, in the office of the County
Recorder of said County, lying westerly and northwesterly of the
westerly line of the land described in the Condemnation Action,
Case No. 574211, Superior Court of said County, a certified copy
of the Judgment had in said action being recorded in Book 3837,3,
page '153, Official Records of said county,
EXCEPT therefrom that portion thereof lying southeasterly of the
line described in Parcel 578 in the Final Order of Condemnation
in Case No. 740724, Superior Court of said County, recorded in
Book D3802, page 284 of said Official Records.
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Parcel 2:
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t portion of Lot 2, Tract No. 10369, per m~p recorded in Book 149,.Pages 95
and ,of maps, bounded on the ~~~est by the southwesteriy line of
Lower usa Road, formerly EI ~e and (SOvina Road, 50 f / t wide, as
shown on 'd map, bound:9-:on-the southwest by that certain undary line
of said Lot 2 shown 9.IYsaid map as having a '!:tearing a length of "N
67022'55' wes~~fstance of 1,~87.40 feet" and\bou~d d .easterly and
southeast~y'by the, ~esterly lme of the land descn ed m the above
mentiOrled condemnatio~tion. "-
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EXHIBIT "A"
5785