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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. -2- (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 -4-