HomeMy WebLinkAboutCity Council Resolution 29 RESOLUTION NO 29
RESOLUTION GRANTING CONDITIONAL USE PERMIT
The appeal from the granting of that certain conditional
use permit to Saratoga Gravel Company, a California corporation,
for the excavation of natural materials from lands as here1nafti3r
described, which Planning Commission Resolution and Permit was
granted on the 22nd day of April, 1957, comin cn regularly for
hearing on appeal by a hearing de novo before the C1ty Council
of the City of Saratoga, and evidence having henn introduced and
testimony herd, and said Council having made certain findings
of fact, copy of which findings are attached hereto, marked
"Exhibit A" and incorporated herein by reference, the Council
further finding that the maintenance and conductinp of the uses
hereinafter set .forth will not under the circumstances .and conditions
as hereinafter set forth be detrimental to the health, safety, morals,
convenience or welfare of persons residing or working in the neigh-
borhood of such us, and further finding that said uses carried on
strictly in accord with the hereinafter set forth conditions,
which conditions are hereby found to be reasonable, then and in
that event the granting of said use permit will not materially
affe6t adversely the health or safety of oerscns residing; or working
in the neighborhood of the property which is the subj,?..n.t of the
application and that said use of property in the manner in which
it Is hereinafter proposed will not be matrially etrimental to
the public welfare or injury as to property or improvements located
in said surroundings, and further finding that the izrantiniz: nf said
conditional use permit is necessary for the preservation rind enjoyment
of a substantial property right, but further finding that the carry-
ing on of quarryint; operations at the hereinafter set forth pronerty
site wouid constitute an unreasonable intrferenn6, with the proerty
rights of adjacent property owners and would constitute public
nuisance unless said operations are cdrriet on strictly in conformity
with the hereinafter set forth conditions,
N64, TH=FORE, The City Council of the City o Saratoga
hereby resolves as follows:
1. The findings hereinabove set forth in the pramble herof
and those attache'l hereto as "Exhiit A" hereof, are
specifically referred to and incorporated herein h' reference.
2. The Council is satisfied under the facLi
said hearing, from a reviw of the nremiseH3, from the
that the busines of excAvating roc' nd gravel hy anoltant is law-
ful and u,seful occupation In and of it.self, but that; as nrevionsly
carried on the same has caused anc wnuld continJ to without
regulation, said occupation to constitute a puftylin nui,snnn; 7he
Council is further satisried that said tlarryin:
regulated to control anl eliminate the narticular nuisne
Involved J.nd that, therefore, a use permit shnufl he grted ut
with conditions reul'itirl 5:and restrictinFT the operatl.
3. Saratoga Gravel Company, a California corporation, is
hereby granted a conditional use permit to operate a
quarry for the commercial excavation of natural materials on the real
property described in "Exhibit B" attached hereto, expressly subject
to the following conditions, a breach or non-compliance of any one or
more of which shall immediately and automatically void and terminate
this permit without notice.
(a) Quarry operations shall herein and hereafter mean
and include all operations of excavating, crushing,
screening, stockpiling and loading of base material
on to trucks, or other means of transportation of
quarried material from said site.
(b) Quarry operations shall be restricted to a maximum of
eight (8) hours per day and no operation of any kind
including maintenance shall be conducted prior to
7:00 A.M. or after 5:00 P.M. of each working day. Said
quarry is to be completely closed down and inoperative
on all Saturdays, Sundays, Federal and State legal
holidays.
(0) All actual processing of materials shall be done by
means of an electrically operated rock crusher, the
design and type of which crusher shall be approved by
an engineer to be selected by the City Council of the
City of Saratoga. Said crusher must be fully enclosed
and housed, with an interior soundproofing, so as to
eliminate to a reasonably maximum extent all emanation
of noise and dust. Any and all apron feeders and
chutes leading to or from said crusher must be lined
with heavy soundproofing material. Applicant shall
have 120 days within which to have said crusher approved
and installed as aforesaid, after which time applicant
shall cease all operations completely until the same
Is installed and operating. No material shall be
produced except that certain base material product
locally known as "quarry waste" or "Saratoga slag", and
no screening by the use of grizzly bars or any other
device or devices other than the aforesaid electric
rock crusher shall he used or allowed whatsoever.
(d) A proper radius shall be provided at the quarry entrance
onto Pierce Road in both directions as directed and
approved by the Santa Clara County Engineer. Said entry,
radii and all means of ingress anri eKress between Pierce
Road and said quarry shall be pave.fi with oil-beund gravel
or other approved paving material and kept so paved at
all times so that no dust will be raised by vehicle
traffic. The foregoing shall he corlpleted by aunlicant
at his own expense within sixty (60) days from the date
of issuance of the within permit. An eopropriate legal
stop sign shall be erected at the point of egress onto
Pierce Road from said quarry operations requiring all
traffic entering onto Pierce Road to come to a complete
(e) CuarryIrig operations as herelnabove defined shall not
be carried on in any manner any closer to Pierce hoad
than as of the date of this Resolution, said location
to be definitely determined and mapped by a license:3 Civil
Engineer at applicant's expense, which map and .ifetermination
shall be filed with the Secretary of the Planning Commission
and be made a part of this Resolution prior to the within
permit becoming effective. In no event shall any main-
tenance or storage of any vehicular equipment be carried
on or permitted closer than five hundred (500) feet in a
direct line from the nearest point of Pierce Road.
(f) Each load of 4uarry material shall be thoroughly wet-down
before departure from the aforesaid site so that dust will
not escape from said load in transit.
(g) No quarried material shall be transported or delivered
from said quarry on any other than a working day and during
working hours, and in no event shall more than C')0 cubic
yards be transported or delivered from said quarry during
any such working day.
(h) Applicant, at its own cost and expense, shall remove from
the portions of Pierce Road used by applicant cr anplicant's
customers to transport materials from said (uarry, e,11
accumulations of spilled gravel, rock and dirt, as required,
during all times that said quarry remains in operation.
(1) Subject to the supervision of the Public fvorks Committee
of the City Council of the City of 3aratofTa, applicTA,nt shall
initiate and continue at all times a planned program of
progressive re-seeding and renlAnting of all arees bared or
covered by past, present end future quarrying opemitions.
(j) The City of Saratoa, its officers, avents az15 .tmployees
shall have the right to go upon the said property at all
reasonable times fur the purpose of insTctIn all fl-
stallations and operations, ancl al] bc?'(.s re(7.!Or of
saies.
4. Prior to the effectiveness of h Is permit, acT cAnt shli
execute and de1iver to the City of •aretu e a
performance bond in the sum of not less th;:An tA
faithful performance end compliance by a,)plicant with fl f the
foregcing conditions and the hereinafter set forth ppovisicis c)f said
permit.
5. Non-compliance with any one or morP
resLvicLions upon whin granted
shall automaticlly termte the same.
If for any re?.s:)n any of the conditlons 6n: r--3rictions
of Section 3 of tells Fles J11( th
gninted ere held by a Court of ocmpf-tt IL)11 Cr'
unconstitJtic:Ial by reaso of thlr lEtk r ert
or oth, su(',h decislur sh.,H11 t! v dI
mainilx conditions nd rEStritton •..)r this permit t'r,*
of the City of -aratoa declasl-es that It
permit sublet to .a1.1 cf
7 This Resolution constitutes a resolution reversing in
part and affirming in part, as hereinabove set forth,
that certain use permit granted by the Saratoga Planning Commlsslon
on April 22, 1957, and constitutes a use permit under the within
and foregoing conditions and restrictions as hereinabove set forth
in this resolution, and the Clerk of the Saratoga City Council is
hereby directed to notify applicant of the granting of the same
and to deliver a certified copy of the same to aonlicant at the
address set forth in its application.
8. This permit is non-transferable and non-assignable and
it shall not run with the land. Failure to comply with any
of the terms or conditions of this permit by a: shll as afore-
said automatically terminate said permit, and any cuarryinR operation
at the site as hereinabove described during which tlmt: there is no
effective permit permitting the same shall constitute a violation of
law.
9. This permit shall automatically expire ten years from date
hereof or upon the expiration or termination of that certain
lease agreement dated June 25, 1954 between Paul Masson, Inc, as
lessor, and Willis Rodori, as lessee, covering the real property
hereinabove described, whichever event is the first to occur.
The above and foregoing resolution was duly and rp intro-
duced and passed by the Council of the City of 3aratoRa at a regular
meeting held on the Lth day of Agx,ist 1957, by che
following vote:
AYES: Brazil, Je?sen, Lng111., osasco, iiUarns
NOES: None
A33ENT:
on
A:g94e,L
Mayor
ATTEST:
Tit,