Loading...
HomeMy WebLinkAbout2973 (/ ;/:1 J<7 RESOLUTION NO. 2973 A RESOLUTION OF THE CITY COUNCIL OF 'rHE CITY OF ARCADIA, CALIFORNIA, GRANTING A SPECIAL USE PERMIT FOR 'rHE DEVELOPMENT OF NATURAL RESOURCES UPON CERTAIN REAL PROPERTY WITHIN SAID CITY UPON SPECIFIED CONDITIONS. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES FIND, DETERMINE .~ND RESOLVE AS FOLLOWS: SECTION 1. That there was filed with the City Planning Commission on January 29, 1957, the application of Century Rock Products, as owner, signed by E. O. Rodeffer, President, for a spe- cial use perrnit for the developrnent of natural resources, to wit, rock, sand and gravel, together with the necessary buildings, appa- ratus or appurtenances incident thereto, upon the following described real property in the City of Arcadia, County of Los Angeles, State of California, to wit: Parcell: That portion of Lot 1, Tract No. 10369, per map recorded in Book 149, pages 95 and 96, of Maps, lying westerly and northwesterly of the westerly line of the land described in the condem- nation action, case No. 574211, Superior Court of said County; a certified copy of the decree had in said action was recorded in Book 38373, page 153, of Off1.cial Records of Los Angeles County; Parcel 2: That portion of Lot 2, Tract No. 10369, per map recorded in Book 149, pages 95 and 96, of Maps, bounded on the northwest by the southeasterly line of Lower Azusa Road, formerly El Monte and Covina Road, 50 feet wide, as shown on said map, bounded on the southwest by that certain boundary line of said Lot 2 shown on said map as having a bearing and lenfith of "N 67022'55" "leSt a distance of 1287.40 feet and bounded easterly and south- easterly by the westerly line of the land described in the above rnentioned condemnation action. That after notice as required by Ordinance No. 760 of the City of Arcadia, as arnended, a public hearing was duly held by and before said Commission on the 13th day of February, which hearing was duly continued to February 26, 1957, and which hearing was still further duly continued to March 12, 1957, at which tirnes all interested -1- .,,/..o,'C,'R (/. l... persons were given a full opportunity to be heard and to present evidence. That upon the conclusion of said hearing, said Commission adopted its certain Resolution No. 245, wherein and whereby it made certain findings and recommendations to this Council. SECTION 2. That there were many protests, both oral and written, to the granting of said special use permit, on the grounds that the grantinE; of such use permit and the operations to be con- ducted thereunder would be injurious and detrimental to adjacent residential properties. That there are operating rock and gravel pits to the north and east of subject property and a rock and gravel pit, rock Grusher and ready-mix concrete plant, in addition to other !ndustrial uses permitted in M-Zones, in operation west of subject property. That there are.manufacturing plants in the area zoned M-l east of Peck Road between LaSalle Street and Rio Hondo Parkway. That there are hog ranches in the immediate vicinity of subject property and much of the adjacent property, zoned agricultural, is used for corrals, goat pens, chicken yards and stables. That due to the fore- going conditions and physical factors, subject property is unsuited for residential development. The isolated location of subject property makes it unsuited for commercial development and it is doubtful if the soil of the river bed would permit agriculture. That subject property is transected by Lower Azusa Road, a heavy traffic truck arterial, and in the same vicinity of Rivergrade Road, a traffic thop- oughfare, planned and constructed primarily for truck travel; that Peck Road to the west is likewise a heavily travelled truck route. That concurrently herewith subject property is being reclassified to Zone M-2 by thE! City Council pursuant to proceedings held and determinations made relative thereto. SECTION 3. That by Section 17 of Ordinance No. 760, as -2- 0::') L'" ".' ". . v . . arnended, the development of natural resources, together with the necessary buildings, apparatus or appurtenances incident thereto, is declared to be a use possessing characteristics of such unique and special form as to make impractical its being automatically in- cluded in any class of use as set forth in the various zones. That the use of property for the development of natural resources is per- missible in any :wne upon the granting of a special use permit therefor. SECTION 4. That the City Council deems that the condi- tions hereinafter irnposed in the granting of the special use permit are necessary to insure that the spirit and purpose of Ordinance No. 760 of the C:Lty of Arcadia will be observed, publiC safety and welfare secured and substantial justice done; that the granting of the special use permit for the production of natural resources, to wit, rock, sand and gravel, upon the conditions hereinafter set forth will not be unreasonably or materially detrirnental to the public health or welfarE!, nor injurious to the property or improvements in the vicinity in \~hich the subject property is located. That the special use permit, under such specified conditions, is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same vicinity and in the same zone. That there are exceptional conditions appli-- cable to the property involved and particularly to the intended use of the property that do not apply to all property in the vicinity, namely, the fact that the subject property, located in the bed of the San Gabriel River, contains a deposit of prime rnaterial of high quality for rock, sand and gravel. That Ordinance No. 760 recognizes this exceptional condi.tion in permitting the production of natural re- sources in any zCone upon the granting of a special use permit there- for. That by their very nature, natural resources must be produced in their natural location and cannot be produced elsewhere. That -3- ?~',. :' . , . t the granting of the special use permit as hereinafter recommended will not adversely affect the comprehensive general plan nor will it be adverse to the land use plan of the City of Arcadia. That Ordinance No. 760 of the City of Arcadia, as and when adopted, stated in part that liThe City Planning Commission and the City Council re- cognize, and hereby declare, that the City of Arcadia is a component part of a large metrop~litan area, within which larger areas are contained facilities which in amount, location, physical character- istics and available services are preeminently suited for use by industrial enterprises; . . . that should the City of Arcadia, by provisions of this ordinance or subsequent ordinances, make no actual provision for the location of heavy industries, such determination will not constitute prohibition, but rather would conform to compre- hensive regulation on the metropolitan area basis." That subject property was not a part of the City of Arcadia at the time of such declaration nor at the time of the adoption of Ordinance No. 760 but constituted a part of the adjacent unincorporated metropolitan area contemplated thereby. SECTION 5. That the requirement of the Planning Commis- sion that the plant site be located upon the northeasterly portion of the above described property is unreasonable for the reasons, among others, that it would preclude the extraction of natural re- sources in that area which, according to testimony presented, con- tains the best raw material; that the property south of Lower Azusa Road is least desirable for natural resources production but is even more desirable all a plant site by reason of its proximity to an im- proved truck route; that the fullest use of the property and economic operation thereof' require the full extraction of the subject property north of Lower A~:u6a Road and the location of the plant site and related facilitie,s on that portion thereof south of Lower Azusa Road. That to such extent the findings and recommendations of the Planning Comn1ss1.on contained in its said Resolution No. 245 are -4- JJ,9.'l'3 disapproved and altered but that the said findings of the Planning Commission are in all other respects hereby approved and concurred in and are hereby reaffirrned and adopted by this City Council. That for the foregoing reasons, a special use permit is hereby granted to perndt the real property hereinabove described to be used for the developrnent of natural resources, to wit, rock, sand and gravel, subject to the following conditions: (1) That applicant dedicate for public street and road purposes the northwesterly thirty (30) feet of that portion of the above-describec property lying southeasterly of Lower Azusa Road, to increase the' existing 50-foot dedication to eighty (80) feet. (2) That until the new channel of the San Gabriel River adjacent to the above-described property be developed, no condition be created upor. subject property which will adversely affect the flow of water in the present channel of the San Gabriel River and that applicant declare in writing its willingness to negotiate all requirernents of the Los Angeles County Flood Control District re- lating to the existing channel through the above-described property. (3) That all operations conducted on the above-described property be conducted in cornpliance with all valid requirements of the Los Angeles County Air Pollution Control District. (4) That all primary rock crushers be placed below natural ground levels with the only open side facing northerly or northeasterly away frorn residential properties. (5) That all equipment be constructed, rnaintained and operated in such a manner, as far as practicable, to eliminate noise or vibration which is injurious or annoying to persons living in the vicinity. (6) That all rock crushers, primary and secondary, screens, conveyors, stock piles and other plant operations be lo- cated on Parcel 2 hereinbefore described. -5- ~f~>> (7) ~~hat a chain link wire fence of a minimum height of six feet, topped with three strands of barbed wire, or a masonry type wall of a IT,inimum height of six feet, be installed completely around the property, except that along the westerly side thereof a masonry type wall of a minimum height of six feet shall be construc- ted and connected with the chain link fence or masonry type wall hereinbefore in this section required. (8) That the basic disposition of rock materials from the above-described property for destinations to the north, north- east, east, southeast and south of the above-described property, as well as all truck deliveries destined for shipment by means of the San Bernardino ~'eeway, shall be dispatched frorn the above-described property by LoweI' Azusa Road to Ri vergrade Road. (9) No portion of the above-described premises shall be used for dwellin~;s, trailers or trailer parks, except . that a dwelling may be used excl~s1vely by a caretaker or superintendent of the plant and his family. (10) All private roads connecting quarry, processing plant and stock pile shall be paved or be kept wetted down while being used, and shall be serviced and maintained so as to elirninate all dust so far as is possible. (11) All excavations from an open pit shall result in a finished slope no steeper than one foot horizontal to one foot ver- tical. (12) A:l excavating, crushing and refining operations shall be conducted only between the hours of 6:00 a .m. and 7 :00 p.m., except in case of a public emergency or whenever reasonable and neces- sary repairs of equipment are required. Any variation of the above- mentioned hours shall have the approval of the City of Arcadia. (13) All dry materials leaving the premises shall first be wetted down. (14) That there be a 50-foot buffer strip along the -6- ;1 c.,..... "'> , . , westerly line of the property and on the northwesterly side of Lower Azusa Road and that a row of trees be planted and maintained along this buffer strip. (15) The owner, before commencing operations, shall be in- sured to the extent of one hundred thousand dollars ($100,000.00) against liability in tort arising from production or activities or operations incident thereto, and such insurance shall be kept in full fo!'ce and effect during the period of such operations. (16) That all operations permissible solely by reason of the special use permit hereby granted shall be conducted in accord- ance with and substantially at the locations shown on the plot plan originally submitted by applicant and herewith approved by the City Council. Any deviation frorn the general plot plan and landscaping plan heretofore subrnitted by applicant and hereby approved, or from any conditions hereby enforced, shall first be approved by the City Council after report or recommendation thereon by the Planning CO!lllllission. (17) All required walls, fencing and planting shall be completed prior to the commencement of excavation of rock, sand and gravel on or frorn the property hereinabove described. Permittee shall not commence the extraction of rock, sand and gravel in or from the above-described property prior to the time that such Commencement will not interfere with either applicant's or City's existing excavation CO!lllllitment on City-owned property west of Peck Road, nor prior to the time that such commencement will not lessen the extent of excavation conducted by Permittee on City-owned property west of Peck Road, and Permittee shall not be required to commence the extraction of rock, sand and gravel in or from the above-described property prior to the completion of the proposed improvement of the San Gabriel River Channel in the Vicinity of the above-described property by the United States Army Corps of Engineers andlor the Los Angeles County Flood Control -7- '(-'CY "";,' v . .... District, or the abandonment of such improvement project by said agencies. t-lith.in ninety (90) days after date hereof, and at least six (6) months 'oefore commencernent of operations hereunder, Per- mittee shall cause the outer boundary of said propertYl ,where said boundary line is adjacent to streets or highways, and at each change of direction of said outer boundary line, to be posted with signs not less than five hundred (500) feet apart, in such manner as will reasonably give notice to passers-by of matters contained in such notice, stating in letters not less than four (4) inches in height, "Rock Quarry Zone", and stating in letters not less than one (1) inch in height, "This property may be used at any time for rock quarry, sand and gravel pit or rock crushing plant, pursuant to and as specified in Resolution No. 2973 of the City of Ar- cadia." SECTION 6. The City Clerk shall certify to the adoption of this Resolution. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular rne,eting of the City Council of the City of Arcadia, held on the 21st day of January , 1958, by the affirrnative vote of at lea fit three Councilrnen, to wit: AYES:: Councilrnen Carnphouse, Jacobi, Phillips, Reibold and Dennis NOES: None ABSENT: None )) bJ6iaA~1-' ~~i~~C/ SIGNED AND APPROVED this of January , 1958. ATTEST: ?L - (, etu;;z--~ ~'1 City Clerk );,~ ia (SEAL) -8- "'~14~7.? "" .,4-