HomeMy WebLinkAboutCity Council Resolution 14-V-104-1 RESOLUTION NO. i~-V-IO~-I
RESOLUTION GRANTING CONDITIONAL USE PERMIT
FOR THE EXCAVATION 01~ NATURAL MATERIALS
WHEREAS, .SANTA CLAP~ SAND & GRAVEL CO., INC., a Calif-
ornia corporation, has heretofore filed with the City of Saratoga
Planning Commission, pursuant to the provisions of Section 3-3 of
Ordinance 3A-TA, its written application dated September 15, 1958,
for a Use Permit for the excavation of natural materials from the
real property outlined in red on Exhibit 'A" attached to said
application and legally described in Exhibit "B" attached thereto:
AND WFEREAS, public hearing on said application has been
duly held as required by law:
AND WEEAS, oral and documentary evidence and arguments
have been offered and. received, and said. Commission has inspected
the site and all areas likely to be affected by the use applied
for, and has examined the Jud~ement issued in Santa Clara County
Superior Court Action. No l0 27 en itled, "The People of the
State of California and the City of Saratoga, a municipal corpo-
ration v. Anthony T. Cocciardi, et alia" and has received legal
advice relating thereto from the Saratoga City Attorney, and has
discussed. with the appl. icant the nature of the intended use and
various conditions appropriate to such use;
AND WHEREAS, said Commission has given careful consideration
to all of said oral, documentary and physical evidence and other
information:
AND WHEREAS THEREUPON, on the 24th day of November, 1958,
a Use Permit was granted to said applicant by said Planning Commis-
sion, and being as more fully set forth in Resolution No. V-104-1
of said Planning Commission:..~
AND WHEREAS THEREAFTER an appeal was taken to the City Council
of the Cit~ of Saratoga from the granting of said Use Permit, and
after notice duly given as required by law, there was a hearing de
novo before the City Council on the 17th day of December, 1958 on
said appeal, at which oral and documentary and physical evidence
having been introduced.,. and said City Council having given careful
consideration to all said evidence., and it appearing to said Council
that the action of the Planning Commission should be affirmed and
that Use Permit should. be granted under the same terms and conditions
as set forth in said Planning Commission Resolution Nc. V-104-1:
NOW, THEREFORE said City Council finds as follows:
a. has a substantial property right in the
excavation of natural materials from said real property.
b. The exercise of said property right will be materially
detrimental to the health, safety, convenience and welfare of
persons residing and working in surrounding areas, and. will be
materially detrimentalto the values of property and improvements
in surrounding areas and. to the enjoyment of such property and
improvements, and will constitute a public nuisance unless all
of the conditions herelnafter set forth are strictly complied with.
c. The exercise of said property right strictly in accord-
ance with all of the conditions hereinafter set forth will preserve
and permit the continued enjoyment of the same by applicant and will
not be materially detrimental to the health, safety, convenience or
welfare of persons residing or working in surrounding areas, or to
the values of property or imprSvements in such areas, or to the
enjoyment of such property or improvements, and such exercise will
not constitute a publle nuisance.
d. A conditional use permit should be granted to applicant
subject to all of the terms and conditions hereinafter set forth.
NOW, THEPLEFOPJE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SARATOGA A.S FOLLOWS:
1.. All of the statements and findings contained in the
foregoing preamble are speclfXcally referred to and incorporated
herein by reference.
2. The term "quarry operations" as used herein shall be
deemed to mesh any or all of the following: any act referred to in
the definition of "excavation of natural materials" contained in
Section 3.1 of Ordinance 3A-7A; crushing, screening, grading or
transportation of any of the materials referred to in said defini-
tion; and, any operation of activity, directly or indirectly re-
lated to any of the foregoing, which creates noise or dust which
may be heard or seen from anylocation outside the boundaries of
the real property described below in paragraph 4.
3.The term "quarry" as used herein shall be deemed to
mean the real property d. escribed below in paragraph 4.
4. Santa Clara Sand & Gravel Co., Inc., a California
corporation, is hereby granted a conditional use permit for the
excavation of natural materials from the following described real
property:
That certain parcel of !real property which is outlined
in red on Exhibit "A" attached to the applicant's
Application on file herein and legally described in
Exhibit "B" attached thereto, both of which exhibits
are specifically referred to and incorporated herein
by reference~
expressly subject to all of the provisions of paragraph 5 and
subsequent paragraphs of this Resolution, and to each of the
following conditions:
(a) No rock crusher, conveyor, apron feeder, chute or
bin shall be used for any quarry operation unless the same is
sufficiently housed and enclosed with suitable materials to
eliminate, so far as it is reasonably possible to do so, the
emanation of noise, dust and fumes. Except for solid stock,
mild steel, horizontal bars placed to prevent passage of mat-
erials of greater size than the smallest insede passage of the
hoppers to be used, and provided. no free fall of materials shall
be permitted on said bars and provided all reasonable steps are
taken to eliminate noise and dust emanating from the use of said
bars, no materials shall be screened, graded or otherwise pro-
ceased by the use of bars" or any other device except
a rock crusher housed and enclosed as specified above.
(b) The quarry road shall not be used for any ~Auarry
operation unless the same is paved and maintained, to a sufficient
width for its entire length from the loading area to Pierce P.~oad,
with asphalt, oil bound gravel or other paving material approved
by the Saratoga City Engineer, so as to eliminate the raising of
dust by vehicular traffic.
(c) No quarry operation shall be conducted on Saturdays,
Sundays or Federal or State legal holidays, and no quarry operation
shall be conducted on any other day before 7:00 A.M. or after
4:30 P. M.
(d) All unpaved portions of the quarry loading area
shall be kept watered as necessary to eliminate the raising of
dust by vehicular traffic.
(e) Before departure from the quarry loading area, each
load of material shall be wet down as necessary to eliminate the
escape of dust during transit on the q. uarry road or on any public
road or street.
(f) All material shall be properly loaded so that no
material will fall on the quarry road or on any public road or
street during transit.
(g) No blasting or similar operations, d. irectly or
indirectly related to q. uarry operations, shall be conducted 'either
in the quarry or on the quarry road.
(h) There shall be no blowing of horns, sirens or other
loud signalling devices d. riectly or indirectly related to quarry
operations either in the quarry oF on the quarry road.
(l) No internal combustion engine which operates or
propels any quarry type equipment shall be operated in the quarry
unless it is equipped with an exhaus~ muffling system which re-
duces exhaust noise eq.ually as well as any such system commer-
cially available for such equipment or for any other quarry type
equipment. The term "quarry type equipment" as used herein shall
be deemed to mean tractors, loaders, bulldozers, rock crushera,
conveyors, and other equipment used primarily within the quarry
as distinguished from use on public roads and streets.
(J) Applicant shall exert diligent and continuing efforts
to require that all motor vehicles used to transoort quarry mate-
rials on public roads and s~reets are equipped with exhaust muf-
fling systems strictly complying with the provisions of Section
673 of the California Vehicle Code. Upon receipt of oral or
written notice from an authorized. representative of the City of
or a law enforcement officer, that a particular motor
vehicle is not so equipped, applicant shall immediately exclude
such vehicle from the quarry and. the quarry road and shall not
permit it to enter again until it is so equipped.
(k) Applicant, at its own expense, shall promptly remove
from Pierce Road all materials drop!~ed from vehicles connected with
quarry operations.
(1) Throughout the term of th~s Use Permit, except during
times that a similar sig~ is provided by competent public authority,
applicant shall provide and maintain an appropriate "Stop" sign on
the quarry road at its Junction with Pierce Road. Applicant shall.
exert diligent and continuing efforts to require that all motor
vehicles connected with quarry operations observe said signs and
come to a complete stop before entering Pierce Road. from the quarry
road.
(m) No natural growth shall be removed prior to actual
excavation of the land on which such growth stands. It is the
purpose of this condition to maintain at all times a screen of
trees and other natural growth at the edge of excavated areas in
order to hide such areas and the operations carried on therein
from view from places outside of the quarry.
(n) Under the supervision of the City of ;Saratoga Planning
Commission, applicant shall promptly re-seed or re-plant all excavated
areas with native plants and shru. bs upon the termination or expiration
of this Use Permit and, In the meantime, shall so re-seed or re-plant
all excavated areas ~Fhich become no longer required. for quarry' opera-
tions under this Use Permit.
shall permit authorized representatives
of the City of Saratoga to enter upon the quarry at all reasonable
times for inspection p~poses, and shall permit such representatives,
records relating to quarry operations, except such records as
directly disclose either operational revenues or operational
expenses o
(p) i~he Use Permit herein granted is non-transferable and
non-assignable except with the prior written approval of the City
of Saratoga Planning Commission.
5. The City Council of the City of Saratoga shall retain
continuing Jurisdiction over the Use Permit herOin granted and ex-
pressly reserves the right from time to time to modify, delete or
make additions to any or all of the conditions thereof or to ter-
minate or extend the Use Permit, either on its own motion or on the
application of the applicant, in order to preserve a substantial
right of the applicant, or to preserve the health, safety, morals,
convenience or welfare of persons residing or working in surro~nd.-
ing areas, or to preserve existing or prospective values of pro-
perty and improvements, or to prevent a public nuisance,
6. 'i~he Use Permit heroin granted shall autbmatically
terminate upon any refusal By the applicant to comply fully with
any of its terms or conditions. It also shall terminate upon a
determination by the City of Saratoga Council, based upon reason-
able evidence or information, that applicant has failed to comply
fully with any of said terms or conditions.
7. If any one or more of the terms and conditions of
this Use Permit is determined by a Court of competent Jurisdiction
to be unconstitutional., invalid or unenforceable for any reason,
such determination shall not affect the validity of any of the other
terms and conditions of this Use Permit.
8. The Cltl Clerk of the City of Saratoga is hereby
ordered to promptly notify the applicant of the granting of this
Use Permit and to mail a certified copy of the same to the appli-
cant's address as set forth in the application on file heroin, and
also to mall certified. copy of same to appellants, c/o Faith Redd
and Lois Turnoy, 21995 Via Regina, Saratoga, California.
THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED by the City
Council of the City of Saratoga, State of California, on the 21st
day of Jan!~uary, 1959, by the following vote:
AYES: Brazil, Glennon, Langwl!l, Jepsen
NOES: None
ABSENT: Rosacoo
MAYOR
AT' :;
CLERK