HomeMy WebLinkAbout1960 029 CC RESO1960 029 CC RESO ZX
Z P H à8RESOLUTION 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,
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Z P H à8rock 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.
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Z P H à816. 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.
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Z P H à85. 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.
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Z P H à814. 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
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