HomeMy WebLinkAboutCity Council Resolution 29 RESOLUTION NO. 29
RESOLUTION GRANTiNO 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 znatural materials from lands as hereinafter
described, which Planning Commission Resolution and Permit was
granted on the 22nd day of April, 1957, coming on regularly for
hearing on appeal by a hearing de novo before the City Council
of the City of Ss. ratoga, and evidence having be~n introduced and
testimony 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 herelnafter set forth be detrimental to the health, safety, morals,
convenience or welfare of persons residing or working in the neigh-
borhood of such use, and further finding that said l~ses carried on
strictly in accord with the herei'nafter set forth conditions,
which cond~tion. s are hereb:y found. to be reasonshe, then and in
that event the granting of said use permit will not materially
affect adversely the health or safety of persons residing or working
in the neighborhood of the property which is the subject of the
application and that said use of property in the manner in ~hich
it is hereinafter proposed will not be materially ~etrimentsl to
the public welfare or injury as to property or improvements located
in said surroundings, and further finding that the granting of sa. ld
conditional use permit is necessary for the preservation and enjoyment
of a substantial property right, but further finding that the carry-
ing on of quarrying operations at the hereinafter set forth property
site ~ould constitute an ~nreascnable interference ~ith the property
rights of ad..Jacent property owners and wo~ld constitute a public
nuisance unless said. operations are carried on strictly in conformity
with the herelnafter set forth conditions,
NOW, THERE~-~0RE, The Ci~by Council of the City of Saratoga
hereby resolves as follows:
1. The findings herelnabove set forth in the preHmble her,~of
and those attached hereto as "Exhibit A" hereof, ~re
specifically referred to and incorporated herein by reference.
2. The Council is satisfied under the fac~s presente~ ~t
said hearing, from a review of the premises, and from the la~,
that the business of excelvating rock and gravel by spplican~ is s law-
f'u] and useful occupation in and of itself, but '~hat as previously
carried. on t'he 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 eliminate 'the particular nuisance factors
involved, and that, therefore, a use permit should be granted but
with conditions regulating and restricting the operation.
3. Saratoga Gravel Company, a California corporation, is
hereby granted a conditional use permit to operate
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-ccmpllance of any one or
more of which shall immediately and automatically void and ter~.inate
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.
eight ( · and no oper~.tion 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 Sts~e legal
ho i iday s o
(c) All actual processing of materials shall be done by
means of an electrically operated rock crusher,
design and type of which crusher shall be approved by
an engineer to be selected by the City Council of ~he
City of Saratoga. ~Sald crusher must be fully enclosed
and housed, with an interior soundlSroofing, so as to
eliminate to a reasonably maximum extent all emanation
of noise and dust. Any and all apron feede:rs
chutes leading to or from said crusher must be lined
with heavy soundproofing material. Appllca~t 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 an.d.. operating. No material shall be
produced except that certain base material product
locally known as "quarry waste" or "Saratoga sls. g" , and
no screening by the use of grizzly bars or any other
device or devices other than the aforesaid electric
rock crusher shall be used or allowed whatsoever.
(d) A proper radius shall be provided s.,t the quarry entrance
onto Pierce Road in both directions as directed and
approved by the Santa Clara County Engineer. Said entrp,
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 completed. 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 poi~ of egress onto
Pierce Road from said quarry operations requiring all
traffic entering onto Pierce Road to come to a complete
stop.
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(e) Quarrying operations as hereinabcve 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 Coilmission
and be made a p.art 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 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 t ransported 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 or appllcant's
customers to transport materials from said quarry, a!l
accumulations of spilled. gravel, rock and dirt, as required,
during all times that said quarry remains in operation.
(l) Subject to the supervision of the Public Works Committee
of the City Council of the City of Saratoga, applica~.t shall
initiate and continue at all times a planned program of
progressive re-seeding and replanting of all areas bared or
covered by past, present and future quarrying opera~ions.
(J) The City of Saratoga, its officers, agents and employees
shall have the right to go upon the said property at all
reasonable times for the purpose of inspecting all in-
stallation. s and operations, and all books and records of
sales.
~. Prior to the effectiveness of this permit, applicant shall
execute and deliver to the City of Saratoga $ corporate
performance bond. in the s'um of not less than $15,000.00 securing the
faithful performance and compliance by applicant with all of the
foregoing conditions and the hereinafter set forth provisions of said
permit.
5- Non-compliance with any one or more of the foregoing condi-
tions and restrictions upon which this permit is granted
shall auto~matlcally terminate the same.
6.If for any reason shy of the conditions and restrictions
of Section 3 of this Resolution. and of the permit herein
granted are held. by a Court of competent jurisdiction to 0e i'n~alid or
unconstitutional by reason of their lack of definitehess or certainty
or othsr~is~, such decisio~ shall not affect the validity of the
maining conditions s.nd restrictions of this permit .and the City Council
of the City of Saratoga hereby d~lares that it would have granted thls
permit subject to all of the conditions an~ restrictions hs~.einabove
contained irrespective of the fact that one or more of said condition. s
or restrictions b.$ held invalid or unconstitutional.
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 Commission
on A'[~,ril 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 applicant 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 s.p?licant shall as afore-
said. automatically terminate said permit, and any quarrying operation
at the site as hereinabove described during which time 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 Rodoni, as lessee, covering the real property
hereinsbove described, whichever event is the first to occur.
The above and foregoing resolution was duly and re,,gu!arly intro-
duced and passed by the Council of the City of Saratoga st a. regular
meeting held on the .. Fth day of August , 1957, by the
following vote:
AYES: Brazil, Jepsen, Langwil]., Rosasco, WillJams
NOES: None
A.B SENT: None
Mayo2
ATTEST:
City Clerk
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