HomeMy WebLinkAbout686ORDINANCE NO. 686
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING ZONE CHANGE NO. 01-2014 TO CHANGE CURRENT ZONING
DESIGNATION FROM A-1 (AGRICULTURAL) TO QUARRY OVERLAY ON
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF AZUSA CANYON
ROAD AND OLIVE STREET (4407 AZUSA CANYON ROAD — APN 8415-001-906)
SUBJECT TO CONDITIONS AS SET FORTH HEREIN AND MAKING
FINDINGS IN SUPPORT THEREOF
WHEREAS, United Rock Products Corporation, 1245 Arrow Highway, Irwindale,
CA 91706, the Applicant, has made a request to approve a Zone Change for General
Plan consistency purposes for property located at the southwest corner of Azusa
Canyon Road and Olive Street, more commonly known as 4407 Azusa Canyon Road,
in the City of Irwindale — APN #8415-001-906 (the "Subject Property").
WHEREAS, The Subject Property is currently zoned A-1 (Agricultural) is
proposed to be re-zoned Q (Quarry Overlay) concurrent with this approval for General
Plan consistency purposes.
WHEREAS, Pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale
environmental guidelines, the City, as the Lead Agency, has analyzed the project and
has prepared an Environmental Impact Report ("EIR") The EIR was circulated for public
review for the required 45 days from August 14, 2014 to September 29, 2014. A copy of
the EIR was circulated through the State Clearinghouse (SCH# 2014031051), posted
on the City's website, and was available at the Irwindale Public Library and Deputy City
Clerk's Office. The Notice of Availability was published in the San Gabriel Valley
Tribune on August 29, 2014. A copy of the EIR and Mitigation Monitoring and Reporting
Program was posted on the City's website.
WHEREAS, On October, 29, 2014, the project was scheduled before the Planning
Commission as a public hearing. The public hearing was opened and public testimony
was taken. Members of the public expressed their opinion of the proposal. One person
testified in favor of the proposed landscaping and fencing improvements along Olive
Street. Others identified concerns over the truck traffic and potential dust. The
Community Development Manager of the City of Baldwin Park submitted three letters:
one letter dated September 29, 2014, which consisted of the City of Baldwin Park's
comments on the Draft EIR 1 , one letter dated October 29, 2014 consisting of Baldwin
Park's comments on the City of Irwindale's responses to Baldwin Park's comments on
the Draft EIR; and one letter dated October 29, 2014, which indicated that the Notice of
Public Hearing for the October 29, 2014 Planning Commission meeting was deficient
1 This letter had been submitted to the City of Irwindale on September 29, 2014 and has been
included in the Final EIR.
Ordinance No. 686
Page 1
pursuant to Government Code Section 65094 as it did not include a "general description,
in text or by diagram, of the location of the real property," which was the subject of the
hearing. All three letters are contained in Exhibit "1" to Resolution No. 637(14). After
taking a recess and considering Baldwin Park's comment pertaining to the public notice,
the Assistant City Attorney recommended that the item be re-noticed and a new public
hearing be held at the next regularly scheduled Planning Commission meeting of
November 19, 2014.
WHEREAS, On November 19, 2014, the project was scheduled before the
Planning Commission as a duly noticed public hearing.
WHEREAS, All legal prerequisites to the adoption of this Resolution have
occurred.
WHEREAS, on December 3, 2014, the City Council conducted a duly noticed
public hearing, as required by law, on the Application and recommendation of the
Planning Commission to approve the proposed project, which allows for resumption of
mining in and reclamation of the Olive Pit, took testimony and reviewed relevant
documentary evidence and conducted a first reading of this Ordinance approving Zone
Change No. 01-2014; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. The City Council finds as follows:
Zone Change Findings:
a. The approval of the proposed Zone Change for property located at
4407 Azusa Canyon Road will clarify that the long-term use of the
site is as a quarry use and will bring the zoning designation into
conformance with the General Plan Land Use Designation of
Quarry Overlay. Therefore, the proposed zone change is
consistent with Section 17.84.010 of the Irwindale Municipal Code,
which reads as follows: "the classification of property may be
amended whenever the public interest and necessity so require."
The site is or will be adequate in size, shape, topography, location,
and other factors to accommodate the use and development
thereof in that the site located at 4407 Azusa Canyon Road is
approximately 190 acres and is an inactive aggregate mine.
Ordinance No. 686
Page 2
c. Adequate street access and traffic capacity are or will be available
to serve the proposed development and anticipated development in
the surrounding area in that the site will have direct access from
Los Angeles Street via a new road that will be constructed on the
site as part of the project.
d. Adequate utilities and public services are or will be available to
serve the proposed development, as well as existing and
anticipated development in the surrounding area in that 4407 Azusa
Canyon Road has direct access to utilities and public services.
e. The use and development, as described herein, will be compatible
with the existing and intended character of the area, in that
mitigation measures are proposed that will shield surrounding
residential uses in the area from impacts related to traffic; noise,
dust; and aesthetics. Such mitigation measures are included herein
as Attachment "1".
f. The proposed use, as described herein, will not be materially
detrimental to the public welfare or injurious to the adjacent
properties in that the proposed use of 4407 Azusa Canyon Road
includes mitigation measures that will shield surrounding residential
uses in the area from impacts related to traffic; noise, dust; and
aesthetics, as described in 1(e) above.
SECTION 3. In light of the above findings and further testimony and
documentation provided at the public hearing to consider approval of Zone Change No.
01-2014, the City Council hereby approves Zone Change No. 01-2014 and authorizes
its execution and all actions necessary to comply with its terms.
SECTION 4. The City Council hereby authorizes and directs the Mayor and the
City Clerk to execute this Ordinance on behalf of the City of Irwindale forthwith upon its
adoption.
SECTION 5. The Deputy City Clerk shall certify as to the passage of this
Ordinance and shall cause the same to be published and/or posted at the designated
locations in the City of Irwindale.
PASSED, APPROVED, AND ADOPTED this 10 th day of December, 2014.
Ordinance No. 686
Page 3
!A te
M. Nieto, CMC
uty City Clerk
uita
ra M. Nieto, CMC
puty City Clerk
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Ordinance No. 686 was duly introduced at a special meeting of the Irwindale
City Council held on the 3 rd day of December 2014, and was duly approved and
adopted on second reading at its regular meeting held on the 10 th day of December
2014, by the following vote of the Council:
AYES: Councilmembers: Ambriz, Garcia, Miranda, Ortiz, Mayor Breceda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 684, adopted by the City Council of the City of
Irwin", at its special meeting held December 3, 2014, to be posted at the City Hall, Library, and Post Office on December 11,
201
Dated: 12//i/W
ra M. Nieto, CMC
puty City Clerk
Ordinance No. 686
Page 4
ATTACHMENT 1.
MITIGATION MEASURES
Ordinance No. 686
Page 5
MM AQ-1
The Applicant shall ensure that contractors implement a fugitive dust control program
pursuant to the provisions of SCAQMD Rules 402 and 403. This program shall include,
but not limited to the following:
• Prior to start of the initial on-site construction, the City Engineer shall confirm that the
proposed construction plan is in compliance with SCAQMD Rule 403, fugitive dust
shall be controlled by the applicable best available control measures listed in Table 1
of Rule 403.
• Water or a stabilizing agent shall be applied at least three times daily, preferably in
the mid-morning, afternoon, and after work is done for the day, to exposed surfaces
including graded and disturbed areas in sufficient quantity to prevent generation of
dust plumes.
• Track-out shall not extend 25 feet or more from an active operation and track-out
shall be removed at the conclusion of each workday. The contractor shall use a
gravel apron, 25 feet long by road width, or a pipe-grid track-out control device to
reduce mud/dirt track-out from active operations and unpaved truck exit routes.
• A wheel washing system shall be installed and used to remove bulk material from
tires and vehicle undercarriages before vehicles exit the project site.
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered (e.g., with
fabric tarps or other enclosures that would reduce fugitive dust emissions) and
maintain a freeboard height of 12 inches.
• Traffic speeds on unpaved roads shall be limited to 15 miles per hour.
• Operations on unpaved surfaces shall be suspended when winds exceed 25 miles
per hour.
• On-site stock piles shall be covered or watered at least twice per day.
With the implementation of MM AQ-1, the impacts are less than significant. Although the
impacts are expected to be less than significant with MM AQ-1, the City has developed
and the applicant has agreed to further reduce potential emissions by implementing,
MM AQ-2 through AQ-6, which are designed to minimize combustion emissions during
construction activities.
MM AQ-2
The construction contractor shall ensure that construction equipment is properly tuned
and maintained in accordance with manufacturer's specifications to ensure minimum
emissions under normal operations.
MM AQ-3
Electricity from power poles rather than temporary diesel- or gasoline-powered
generators shall be used, where available.
MM AQ-4
Heavy-duty diesel trucks shall be properly tuned and maintained to manufacturers'
specifications to ensure minimum emissions under normal operations.
MM AQ-5
Heavy equipment operations shall be discontinued during first and second stage smog
alerts.
MM AQ-6
All construction vehicles, both on- and off-site, and construction equipment idling times
shall be minimized either by shutting equipment off when not in use or reducing the
maximum idling time to five minutes (as required by the California airborne toxics
control measure Title 13, Section 2485 of California Code of Regulations). The
Ordinance No. 686
Page 6
construction contractor shall post visible signage within construction equipment operator
components notifying equipment operators of the prohibiting against idling in excess of
five minutes. The construction contractor shall provide awareness training to equipment
operators regarding idling limits.
MM AQ-7
Heavy-duty diesel trucks and onsite equipment shall be properly tuned and maintained
to manufacturers' specifications to ensure minimum emissions under normal operations.
MM AQ-8
The Project Operator shall require all on-site off-road heavy-duty equipment greater
than 50 horsepower (hp) to meet USEPA Tier 3 and/or 4 emissions standards; based
on availability at the initiation of the Project. In addition, all equipment shall be outfitted
with the Best Available Control Technology (BACT) devices certified by CARB. Any
emissions control device used by the contractor shall achieve emissions reductions that
are no less than what could be achieved by a Level 2 diesel emissions control strategy
for a similarly sized engine as defined by CARB regulations. A copy of the certified tier
specification for each piece of heavy-duty equipment, BACT documentation, and CARB
or SCAQMD operating permit shall be provided to the City prior to operation of the
Project.
MM AQ-9
All diesel truck operators shall strictly abide by the applicable State law requirements for
idling, as described in the Airborne Toxic Control Measure (CCR, Title 13, Section
2485), which limits vehicles with gross vehicular weight ratings of more than 10,000
pounds to no more than five minutes of idling of the primary engine or the diesel-fueled
auxiliary power system at any location. Visible signage notifying truck operators of idling
limits shall be posted near all site entrances.
MM AQ-10
The screening/hoppers and conveyor system shall provide continuous water spray to
suppress fugitive dust under normal operations.
MM AQ-11
Limit maximum speed on unpaved surfaces to 15 miles per hour.
MM AQ-12
Water or a stabilizing agent shall be applied at least three times daily, preferably in the
mid-morning, afternoon, and after work is done for the day, to exposed surfaces
including graded and disturbed areas in sufficient quantity to prevent generation of dust
plumes.
MM AQ-13
Track-out shall not extend 25 feet or more from an active operation and track-out shall
be removed at the conclusion of each workday. The contractor shall use a gravel apron,
25 feet long by road width, or a pipe grid trackout control device to reduce mud/dirt
trackout from active operations and unpaved truck exit routes.
MM AQ-14
All trucks hauling dirt, sand, soil, or other loose materials shall be tarped with a fabric
cover and maintain a freeboard height of 12 inches.
MM AQ-15
The first 200 feet of the access road shall be paved. The remaining length of the
unpaved road shall be treated with dust palliatives and watered for dust control and soil
stabilization.
Ordinance No. 686
Page 7
MM T-1
The Applicant shall install a traffic signal at the intersection of Azusa Canyon Road/ Los
Angeles Street.
MM T-2
The Applicant shall pay its fair share for the following improvements to mitigate the
project's cumulative impact at the intersection of Azusa Canyon Road / Arrow Highway:
• Modify striping to provide a 3rd eastbound through lane.
• Modify striping to provide a 3rd westbound through lane and 3rd westbound receiving
lane.
MM T-3
The Applicant shall pay its fair share for the following improvement to mitigate the
project's cumulative impact at 1-605 SB Off-Ramp / Arrow Highway:
• Construct a 2nd southbound left turn lane.
MM T-4
The Applicant shall be required to install a stop control on the southbound approach and
construct the Project Driveway / Los Angeles Street intersection with the following
geometrics prior to commencement of operations:
• Southbound Approach: One left turn lane and one right turn lane.
• Eastbound Approach: One shared left-through lane and 2nd through lane.
• Westbound Approach: Two through lanes and one defacto right turn lane.
Ordinance No. 686
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