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HomeMy WebLinkAbout1960 029 CC RESO1960 029 CC RESO ZX ZPHà8RESOLUTION NO. 60-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING HOPKIN-CAILLIER SPECIAL USE PERMIT. WHEREAS, Harold and Louise Hopklns, Husband and Wife, and Ruth Smith, 1707 East Bay Avenue, Balboa, California, as owners, and Aloys Cat I Her, 520 West 109th Street, Los Angeles, California, as Lessee, applied for a special use permit to mine rock aggregate on certain property in the City of Baldwin Park, situated south of Olive Street, north of Los Angeles Street, and east of Rivergrade Road, hereinafter called the Hopkins" property, and WHEREAS, the City Council has Just concluded a public rehearing of said application pursuant to a Judgment of the Superior Court of the State of California, in and for the County of Los Angeles Case No, 691, 190) and has rendered a decision by minute motion denying said application, and WHEREAS, the City Council desires to formalize its findings and conclusions supporting said decision, NOW, THEREFORE, the City Council of the City of Baldwin Park does find, determine and resolve as follows: FINDINGS 1. That the Hopkins property contains approximately 25 acres. 2. That it is zoned M-l for manufacturing and in- dustrial use. 3. That It is suited for such use. 4. That It Is undeveloped. 5. That it contains rock aggregate. 6. That the owners have not tried to develop this property for any use other than as a rock quarry. 7. That the property can be developed for other permitted uses. 8. That adjoining property containing rock aggregate Is being used for manufacturing and commercial uses. 9. That the owners have leased the property to Aloys Caillier for use as a gravel pit for the removal of sand, gravel, BIB] 38238-U01 1960-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52560-U03 DO52589-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1960 029 CC RESO ZX ZPHà8rock and rock products under a ten year lease, dated November I, 1954, which was revised on January 20, 1955, as follows: This lease as originally drafted was hastily drawn. It is therefore to be revised and renego- tiated when as and if governmental permits are obtained by Lessee. Lessor waives the right to receive payments of rents under this lease to be paid by the Lessee to the Lessor but only until proper governmental permits are received by Lessee. Lessee will diligently pursue the receiving of all necessary and required permits of all governmental agencies according to law, ordinances and regula- tions, all at his sole cost and expense. The above waiver of rent by Lessor and the pledges, by Lessee, to secure all permits at his sole cost and expense are the considerations each given to the other to keep this lease in full force and effect and upon the successful conclusion of the campaign to receive alt permits required, the above mentioned final revised and renegotiated lease will be provided by Lessor and Lessee and Lessor will re-execute the final revised and renegotiated lease whereupon this original lease will become null and void. Lessee does not guarantee the success of the campaign to obtain and secure the necessary permits as set out above". 10. That said lease Is of no force and effect unless a special use permit to mine rock aggregate Is granted by the City of Baldwin Park. 11. That lessee proposes to mine the property to a depth of 100 feet on a one-to-one slope. 12. That mining operations would have to be set back 50 feet from the property line. 13. That a portion of the property would have to be used for a rock crushing plant, washing plant, access roads, and stockpiling of materials. 14.. That the City of Baldwin Park has a Master Plan of Highways on which Olive Street is shown as a secondary street which will be extended westerly to Rivergrade Road, passing through a portion of the Hopklns property, 15. That if a rock quarry Is permitted it will not only prevent the extension of Olive Street to Rivergrade Road but will have an adverse effect on the development of necessary street patterns In the area, which will be needed to properly and adequately handle the growing traffic generated by the rapidly expanding East San Gabriel Valley. 2- BIB] 38238-U01 1960-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52560-U03 DO52589-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1960 029 CC RESO ZX ZPHà816. That with these limitations, rock aggregate taken out would not exceed 4,000,000 tons or 400,000 tons per year over a ten-year period. 17. That the water level in the City of Baldwin Park is at approximately 110 feet. 18. That the mining of rock aggregate will create clouds of dust, dirt and sand, in spite of proposed or known methods of controlling such condition. 19. That sand and dust in the air would be detrimental to the health of persons living in the area. 20. That mining operations to a depth of 100 feet, or less, would create an unsightly hole, which would constitute a permanent eyesore and a hazard to the health and safety of the community, and would especially endanger the adjacent residential areas in case of earthquake. 21. That applicants presented no plan of reclamation for the quarry. 22. That Immediately to the east of the proposed quarrying operation is a large, established residential area and a dairy. 23. That the residential area is well landscaped and maintained, reflecting pride of ownership among the inhabitants thereof. 24. That the noise caused by the rock crushing and other mining operations would disturb the neighboring residences. 25. That the County of Los Angeles plans to install County Storm Drain Project 407 through a portion of the Hopklns property. 26. That the City of Baldwin Park will lose this storm drain project If the quarrying operation is permitted. 27. That the City of Baldwin Park will realize very little sales tax, if any, from the rock quarrying operation. CONCISIONS 1. That the Hopklns property is suited for manu- facturing and industrial. 2. That this Is Its highest and best use. 5- BIB] 38238-U01 1960-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52560-U03 DO52589-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1960 029 CC RESO ZX ZPHà85. That use of the property for rock quarrying will not produce the tonnage anticipated by leasee, Aloys Call Her, if setback requirements and other reasonable limitations are imposed. 4. That the rock quarry would constitute a perma- nent eyesore and unreclaimable hazard to the health and safety of the community. 5. That the proposed quarry would probably contaminate the water supply of the City of Baldwin Park. 6. That the proposed quarry would create clouds of dust, sand and dirt in the air sufficient to constitute a menace and danger to the public health, safety and general we I fare. 7. That the noise from the rock crushers and other quarrying operations would constitute a public nuisance to residents in the area. 8. That property values of residential areas adja- cent to and in the immediate vicinity of the quarry would be substantially lowered by the proposed quarry and the affected areas would soon deteriorate and require demolition or ex- tensive rehabilitation. 9. That the City of Baldwin Park will lose a valu- able storm drain project If the application is granted. 10. That the rapidly expanding East San Gabriel Valley will need connecting cross streets in the area of the proposed quarry 11. That there Is nothing the applicants can do, or have proposed to do, that will sufficiently eliminate the In- jurious features of the quarrying operation to warrant permitting them to operate with the imposition of conditions designed to reduce or eliminate objectionable features. 12. That the tranting of the application would be a menace and danger to the public health, safety and general welfare. 15. That disapproval of the application will not deny applicants any substantial property rights. BIB] 38238-U01 1960-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52560-U03 DO52589-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1960 029 CC RESO ZX ZPHà814. That, In any event, the detriment and Injury to the public and adjacent property owners far outweighs the property rights of the applicants. D^ISIQN The application for a special use permit is denied, ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this Ist day of March, 1960. L^^f. k^nn H. Cole, Mayor ATTEST: Thelma L. Balkus, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS; CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, DO HEREBY CERTIFY that the foregoing Resolution was duly and regularly Introduced and adopted by the City Council at the regular meeting held on the 21st day of March. 1960, by the following vote: AYES: COUNCILMEN: HOLMES- BISHOP, LITTLEJOHN. WILSON AND MAYOR COLE NOES s COUNCILMEN: hpNE____________________________________ ABSENT: COUNC I LMEN: hJONE____________________________________ THELMA L. BALKUS, CITY CLERK BIB] 38238-U01 1960-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52560-U03 DO52589-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04