HomeMy WebLinkAboutCity Council Resolution 29 -Reading Copy1
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
hereinafter des cribed, which Planning Commission Resolution and Permit was granted on the
22 nd day of April, 1957, coming on regularly for hearing on appeal by a hearing de novo before
the City Council of the City of Saratoga, and evidence having been introduced and test imony
heard, 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 conducting 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 neighborhood of such use, and
further finding that said uses carr ied on strictly in accord with the hereinafter set forth conditions,
which conditions are hereby found to reasonable, then and in that event the granting of said use
permit will not materially affect adversely the health and safety of persons residing or w orking in
the neighborhood of the property which is the subject of the application and that said use of
property in the manner in which it is hereinafter proposed will not be materially detrimental to
the public welfare or injury as to property or improvem ents located in said surroundings, and
further finding that the granting of said conditional use permit is necessary for the preservation
and enjoyment of a substantial property right, but further finding that the carrying on of
quarrying operations at the hereinafter set forth property site would constitute an unreasonable
interference with the property rights of adjacent property owners and would constitute a public
nuisance unless said operations are carried on strictly in conformity with the hereinafter set forth
conditions,
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as
follows:
1. The findings hereinafter set forth in the preamble hereof and those attached hereto as
“Exhibit A” hereof, are specifically referred to and incorpo rated herein by reference.
2. The Council is satisfied under the facts presented at said hearing, from a review of the
premises, and from the law, that the business of excavating rock and gravel by
applicant is a lawful and useful occupation in and of itself, but that as previously
carried on the same has caused and would continue to cause, without regulation, said
occupation to constitute a public nuisance ; The Council is further satisfied that said
quarrying operation can be regulated to control and eliminat e the particular nuisance
factors involved, and that, therefore, a use permit should be granted but with
conditions regulating and restricting the operation.
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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 of non -compliance of any one or more of which
immediately and automat ically 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 o f 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 mainte nance shall be conducted prior
t o 7:00 A.M. or after 5:00 P.M. of each working day. Said quarry i s to be
completely closed down and inoperative on all Saturday s, Sundays, Federal
and state legal holidays.
c. All actual processing of materials shall be done by means of an electronically
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 extant 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 op erations 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 de vices other
than the aforesaid electric rock crusher shall be 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 and egress between Pierce Road and
said quarry shall be paved with oil -bound 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 be co mpleted by applicant at his own expense
within sixty (60) days from the date of issuance of the within permit. An
appropriate legal stop sign shall be erected at the point of egress onto Pierce
Road from said quarry operations requiring all traffic enterin g onto Pierce
Road to come to a complete stop.
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e. Quarrying operations as hereinabove defined shall not be carried on in any
manner any closer to Pierce Road than as of the date of this Resolution, said
location to be definitely determined and mapped by a licensed Civil Engineer
at applicant’s expense, which map and determination 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
maintenance 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 quarry 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 500 cubic yards be transported or deli vered 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 or applicant’s customers to transport materials
from said quarry, all accumulations of spilled grave l, rock and dirt, as
required, during all times that said quarry remains in operation.
i. Subject to the supervision of the Public Works Committee of the City Council
of the City of Saratoga, applicant shall initiate and continue at all times a
planned progr am of progressive re -seeding and replanting of all areas bared or
covered by past, present and future quarrying operations.
j. The City of Saratoga, its officers, agents and employees shall have the right to
go upon the said property at all reasonable times f or the purpose of inspecting
all installations and operations, and all books and records of sales.
4. Prior to the effectiveness of this permit, applicant shall execute and deliver to the City
of Saratoga a corporate performance bond in the sum of not less th an $15,000.00
securing the faithful performance and compliance by applicant with all of the
foregoing conditions and the hereinafter set forth provisions of said permit.
5. Non -compliance with any one or more of the foregoing conditions and restrictions
upon which this permit is granted shall automatically terminate the same.
6. If for any reason any of the conditions and restrictions of Section 3 of this Resolution
and of the permit herein granted are held by a Court of competent jurisdiction to be
invalid or un constitutional be reason of their lack of definiteness or uncertainty or
otherwise, such decision shall not affect the validity of the remaining conditions and
restrictions of this permit and the City Council of the City of Saratoga h e r e b y d e c l a r e s
t h a t i t w o u l d h a v e g r a n t e d t h i s p e r m i t s u b j e c t t o a l l o f t h e c o n d i t i o n s a n d r e s t r i c t i o n s
h e r e i n a b o v e c o n t a i n e d i r r e s p e c t i v e o f t h e f a c t t h a t o n e o r m o r e o f s a i d c o n d i t i o n s o r
r e s t r i c t i o n s b e h e l d i n v a l i d o r u n c o n s t i t u t i o n a l .
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7. T h i s R e s o l u t i o n c o n s t i t u t e s a r e s o l u t i o n r e v e r s i n g i n p a r t a n d a f f i r m i n g i n p a r t , a s
h e r e i n a b o v e s e t f o r t h , t h a t c e r t a i n u s e p e r m i t g r a n t e d b y t h e S a r a t o g a P l a n n i n g
C o m m i s s i o n o n A p r i l 2 2 , 1 9 5 7 , a n d constitutes a u s e p e r m i t u n d e r t h e w i t h i n a n d
f o r e g o i n g c o n d i t i o n s a n d r e s t r i c t i o n s a s h e r e i n a b o v e s e t f o r t h i n t h i s r e s o l u t i o n , a n d
t h e C l e r k o f t h e S a r a t o g a C i t y C o u n c i l i s h e r e b y d i r e c t e d t o n o t i f y a p p l i c a n t o f t h e
g r a n t i n g o f t h e s a m e a n d t o d e l i v e r a c e r t i f i e d c o p y o f t h e s a m e t o a p p l i c a n t a t t h e
a d d r e s s s e t f o r t h i n i t s a p p l i c a t i o n .
8. T h i s p e r m i t i s n o n -t r a n s f e r a b l e a n d n o n -a s s i g n a b l e a n d i t s h a l l n o t r u n w i t h t h e l a n d .
F a i l u r e t o c o m p l y w i t h a n y o f t h e t e r m s o r c o n d i t i o n s o f t h i s p e r m i t b y a p p l i c a n t s h a l l
a s a f o r e s a i d a u t o m a t i c a l l y t e r m i n a t e s a i d p e r m i t , a n d a n y q u a r r y i n g o p e r a t i o n a t t h e
s i t e a s h e r e i n a b o v e d e s c r i b e d d u r i n g w h i c h t i m e t h e r e i s n o e f f e c t i v e p e r m i t
p e r m i t t i n g t h e s a m e s h a l l c o n s t i t u t e a v i o l a t i o n o f l a w .
9. T h i s p e r m i t s h a l l a u t o m a t i c a l l y e x p i r e t e n y e a r s f r o m t h e d a t e h e r e o f o r u p o n t h e
e x p i r a t i o n o r t e r m i n a t i o n o f t h a t c e r t a i n l e a s e a g r e e m e n t d a t e s J u n e 2 5 , 1 9 5 4 b e t w e e n
P a u l M a s s o n , I n c , a s l e s s o r , a n d W i l l i s R o d o n i , a s l e s s e e , c o v e r i n g t h e r e a l p r o p e r t y
h e r e i n a b o v e d e s c r i b e d , w h i c h e v e r e v e n t i s t h e f i r s t t o o c c u r .
T h e a b o v e a n d f o r e g o i n g r e s o l u t i o n w a s d u l y a n d regularly i n t r o d u c e d a n d p a s s e d b y
t h e C o u n c i l o f t h e C i t y o f S a r a t o g a a t a r e g u l a r m e e t i n g h e l d o n t h e 7 t h d a y o f A u g u s t ,
1 9 5 7 , b y t h e f o l l o w i n g v o t e :
A Y E S : B r a z i l , J e p s e n , L a n g w i l l , R o s a s c o , W i l l i a m s
N O E S : N o n e
A B S E N T : N o n e
B u r t o n R . B r a z i l , M a y o r