Loading...
HomeMy WebLinkAbout5785 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. -1- 5785 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 -2- 5785 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. -3- 5785 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 -4- 5785 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 -5- 5785 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. -6- 5785 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: ,& Cit -7- 5785 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 Cit -8- 5785 ':-.)~ "\'~~ EXHIBIT A " 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. 9\\ A jjv- . o-y -1 1 I Parcel 2: ~-- 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. "- "f\ ct '\ 0\0 {\ \\1 1ft 1 / u 1'( l.{)- ~ ',< :..;1-.......... -\-:", EXHIBIT "A" 5785