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HomeMy WebLinkAboutOrdinance 316 CERTIFICATION I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 316 adopted by the Atascadero City Council at a regular meeting thereof held on November 20, 1996 and that it has been duly published pursuant to State Law. DATED: ��dt, Marcia M. Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING AN OPERATIONS AGREEMENT TO ENSURE THE SUCCESS OF AN APPROVED RECLAMATION AND CLOSURE PLAN AMENDMENT (CUP #96003) FOR THE MILLHOLLIN QUARRY The City Council of the City of Atascadero, California, does ordain as follows : SECTION 1 . The Operations Agreement attached hereto as Exhibit A and hereby incorporated herein is hereby found consistent with the General Plan and approved. SECTION 2 . The Mayor, and in the Mayor' s absence the City Manager, is hereby authorized to execute said Agreement on behalf of the City for properties described in the Agreement . SECTION 3 . The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. SECTION 4 . This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by Councilman Luna and seconded by Councilman Johnson , the foregoing Ordinance is approved by the following roll call vote: AYES : Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland NOES : None ABSENT : None DATE ADOPTED: November 20, 1996 By:_ `� Gbor , P. Hi land, Mayor City of Atascadero ATTEST: CINDY HOLTM, Deputy City Clerk • Ordinance No. 316 Page 2 of 2 APPROVED AS TO FORM: ARTTIER R. MON ANDD , City Attorney PREPARED BY: STEVEN L. DeCAMP, Acting Director Community Development Department CONTRACT NO. 96038 EXH. A TO ORD. NO. 316 OPERATIONS AGREEMENT THIS OPERATIONS AGREEMENT (the "Operations Agreement" ) is made and entered into this a3 day of a , 1996, by and between the CITY OF ATASCADERO, a municipal corporation organized and existing under the laws of the State of California (the "City" ) , and GLENN MILLHOLLIN ("Property Owner" ) . RECITALS A. California Government Code Section 65864, et seq. , provides that the legislative body of a city may enter into an agreement for the development of real property in order to vest certain rights in the Property Owner and to meet certain public purposes of the local government. Property Owner has applied to the City pursuant to California Government Code Sections 65864- 65869.5 for approval of such an agreement as set forth herein. B. The Property Owner and the City desire to enter into this Agreement in order to address reclamation and operational issues related to the reclamation of certain property (the "Property" ) known as the "Millhollin Quarry, " which Property is more fully described in Exhibit "A" and shown on the maps set forth in Exhibits "B" and "C, " all of which Exhibits are attached hereto. The reclamation of the Property (the "Reclamation" ) includes removal of aggregate material in accordance with provisions of the 1980 Reclamation Plan, as amended in conjunction with this Agreement, consistent with the "Final Landform Plan, " Exhibit C hereto. C. The City has conducted duly noticed public hearings on this proposed Operations Agreement pursuant to Government Code Section 65867 and has found that the provisions of this Operations Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in the City's General Plan (the "General Plan" ) . Concurrent with or prior to its approval of this Operations Agreement, the City Council of the City (the "City Council" ) has also approved: 1. An Environmental Document pursuant to CEQA. 2. Amendment to the 1980 Reclamation Plan. D. Certain risks and uncertainties associated with the long- term nature of the reclamation of the Property could discourage and deter Property Owner or any subsequent owner of the Property from making the long-term commitments necessary to begin and complete Reclamation of the Property; therefore, the parties desire to enter into this Operations Agreement in order to reduce or eliminate uncertainties as to such Reclamation. 1 E. The City recognizes that Property Owner may sustain substantial losses if the City were to default in its obligations or commitments herein undertaken, including without limitation, the substantial investment made by Property Owner to discontinue mining operations and reclaim the mining site. F. The City, by electing to enter into contractual agreements such as this one, acknowledges that the obligations of the City shall survive beyond the term or terms of the present City Council members, that such action will serve to bind the City and future City Councils to the obligations thereby undertaken, and this Operations Agreement shall limit the future oexercise City of certain governmental and proprietary powers approving this Operations Agreement, the City Council has elected to exercise certain governmental powers at the time of entering into this Operations Agreement, rather than deferring its actions to some undetermined future date. The terms and conditions of this Operations Agreement have been found to be fair, just and reasonable, and the City has concluded that the pursuit of the Reclamation will serve the best interests of its citizens and the public health, safety and welfare will best be served by entering into this obligation. The City acknowledges that Property Owner would not consider or engage in the Reclamation without assurances that future development opportunities which the Reclamation is designed to enable will be available. G. This Operations Agreement will promote and encourage the Reclamation of the Property by providing the Property Owner and his/her creditors with a greater degree of certainty of the Property Owner's ability to expeditiously and economically complete the Reclamation effort, and the parties agree that the consideration to be received by the City pursuant to this Operations Agreement and the rights secured to the Property Owner hereunder constitute sufficient consideration to support the covenants and agreements of the City and the Property Owner. By entering into this Operations Agreement, the City desires to allow the Reclamation and entertain future development proposals for the Property pursuant to the Operations Agreement, the relevant land use ordinances, rules, regulations and policies applicable on the "Effective Date" as defined in Section 3 hereof as amended, if at all, by this Operations Agreement and, pursuant to this Operations Agreement, to vest in Property Owner,- to the fullest extent possible under the law, the identified development opportunities. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties do hereby agree as follows: 2 1. Binding Effect of Operations Agreement. The Operations Agreement pertains to the Property as described in Exhibit "A. " The burdens of the Operations Agreement are binding upon, and the benefits of the Operations Agreement inure to all successors-in- interest of the parties to the Operations Agreement, and constitute covenants which run with the Property, and in order to provide continued notice thereof, this Operations Agreement will be recorded by the parties. 2. Relationship of the Parties. It is hereby specifically understood and acknowledged that the Reclamation is a private project and that neither the City nor Property Owner will be deemed to be the agent of the other for any purpose whatsoever. 3. Term. (a) The "Effective Date" of this Operations Agreement shall be the date this agreement is approved by resolution of the City Council. (b) The provisions of this Agreement relating to operation of the Quarry, including those conditions listed in Exhibit D hereto, shall remain in effect from the effective date of this Agreement until reclamation is complete to the satisfaction of the City. All other provisions, particularly those relating to Property Owner's development rights, shall remain in force and effect until ten ( 10) years from mine closure and site reclamation is deemed complete by the City, subject to earlier termination as hereinafter provided. (c) The City and Property Owner may terminate this Operations Agreement pursuant to Section 19 hereof prior to expiration of the Term. 4. Permitted Uses of the Property. The parties agree that continued extraction of rock from the Property, consistent with the Final Landform Plan, the Amended Reclamation Plan and provisions of this Operations Agreement, as well as the uses designated in the City's current General Plan are permitted uses of the Property. The City agrees to allow such uses on the Property, subject to the right of the City to take appropriate action to abate any public nuisance and to enforce all laws which do not conflict with Existing Development Regulations as defined in Section 8 of this Operations Agreement. The vested rights granted to Property Owner under this Operations Agreement apply only to the Property. 5. Processing of Application and Permits. The City and its officers, agencies and departments shall not unreasonably delay the processing of any application for any permit or approval necessary to commence or complete the Reclamation or subsequent development of the Property. 3 6. Development Review. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law and to conduct its development review of any specific improvements proposed for the Property pursuant to the applicable provisions of the City's Municipal Code which are in effect as of the date hereof; provided, however, no such review shall authorize or permit the City to impose any condition and/or withhold approval to any proposed building, the result of which would be inconsistent with any term or provision of the Operations Agreement. 7 . vesting of Development Rights. (a) General Statement. As a material inducement to Property Owner and its lenders to continue with diligent efforts to promote the Reclamation of the Property, the City desires to cause all development rights which may be required to reclaim and develop to completion the Property consistent with this Operations Agreement, to be deemed vested in Property Owner for the benefit of the Property, as of the Effective Date of this Operations Agreement, to the greatest extent permitted by law, and to be free of all subsequent building moratorium, ordinances, rules, regulations, policies, or restrictions on development which are inconsistent with this Operations Agreement. (b) _ Existing Rules to Govern. In accordance with the terms of Government Code Section 65866, the City and Property Owner agree that the General Plan provisions, ordinances, rules, regulations and official policies of the City in effect as of the date of this Operations Agreement applicable to the Development (collectively, the "Existing Development Regulations" ) shall govern during the Term of this Operations Agreement. The City shall not, in subsequent actions applicable to the Property apply General Plan provisions, ordinances, rules, regulations and policies which conflict with the Existing Development Regulations, except with the mutual consent in writing of the City and the Property Owner. Except as otherwise provided in this Operations Agreement, no amendment to or revision of, or addition to any of the Existing Development Regulations without the mutual consent in writing of the City and the Property Owner, whether adopted or approved by the City Council or any office, board, commission or other agency of the City, or by the people of the City through referendum or initiative measure or other vote, shall be effective or enforceable by the City with respect to the future Development. (c) Exclusions from "Existing Development Regulations." As used herein, "Existing Development Regulations" shall not include municipal laws and regulations which do not conflict with Property Owner's opportunities to subdivide and develop the Property or to otherwise use the Property in accordance with this Operations Agreement. Property Owner and its successors and assigns and all persons and entities in occupation of any portion 4 of the Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: (i) Taxes, assessments, fees, and assessment districts; (ii) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Atascadero Municipal Code; (iii) Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis, provided that nothing herein shall prevent continued mining on the Property consistent with the Amended 1980 Reclamation Plan and this agreement; (iv) Procedural rules of general City-wide application. (d) Subsequent "Slow/No Growth" Measures. Consistent with (a) and (b) , above, the City and Property Owner specifically ,agree that any subsequently enacted initiatives, referendums, or amendments to the City's General Plan and/or Zoning Code which contain slow/no growth" measures which by their terms are intended to or by operation having such effect or which otherwise conflict with the terms of this Operations Agreement, or limit the development of residential uses permitted by the existing Development Regulations shall have no application to the Property. 8. Environmental Compliance and Mitigation Measures. (a) Obligations of the Property Owner for Mitigation Measures. The environmental mitigation approved as part of the approval of this Operations Agreement is incorporated herein by reference as though fully set forth at length. 9. Additional Property Owner Obligations and Representations (a) The Property Owner anticipates removing 120,000 cubic yards of aggregate material from the Property. This amount may fluctuate, but will remain consistent with the Final Landform Plan, Phasing Plan, and Reclamation Plan. (b) The Property Owner shall annually prepare and submit a cross-section giving slope, elevation and lateral extent of the current status of the Property and the status twelve months prior. This submittal shall be timed to coincide with the City's annual inspection, required by Public Resources Code Section 2774 . 5 (c) All topsoil will continue to be stockpiled on site and used for revegetation activities. (d) The removal of aggregate material from the Property, as provided above, will be completed within 6 to 15 years, depending on the rate at which the material is removed from the Property. It is anticipated that the Property Owner's principal operator shall remove aggregate material at the approximate rate of 20,000 cubic yards per year until the reclamation provided by this Operations Agreement is complete. With the advance, written consent of the City, not to be unreasonably withheld, up to an additional 10,000 cubic yards may be removed in any one year. (e) The maximum depth of aggregate removal from the mine shall be as represented on the Final Landform Plan. (f) The lands affected by the aggregate removal from the mine shall be as represented on the Final Landform Plan. The geology of the Property is 1) as represented by the Property Owner's consultants and 2) analyzed in the environmental documents approved by the City in conjunction with the Amended Reclamation Plan. (g) Aggregate removal operations on the Property by the County shall be conducted in accordance with Exhibit D hereto. Should Property Owner request replacement of the County as an operator on the Property, reasonable operational standards of the type included in Exhibit D shall be negotiated between the City and the proposed new operator based on said new operator's operational needs and imposed either by separate agreement between the City and the new operator or by amendment of this Operations Agreement. As provided above, said new operator other than the County will be required to obtain a business license. (h) Aggregate removal will proceed to completion in phases as shown on the Phasing Plan, until the topography shown and until slopes are created at no steeper than shown in the Final Landform Plan. (i) The site will be reclaimed as grazing land and revegetated accordingly. In addition to grasses, a minimum of fifty (50) native oak trees will be planted in locations approved by planning staff. (j) There are no known contaminants from the mining operation affecting streams. Regular monitoring of impacts on nearby streams has been and shall continue to be conducted as required by Regional Water Quality Control Board pursuant to the General Permit to Discharge Stormwater applicable to the Property. There are no mining wastes as there is no processing of the aggregate occurring on site. Erosion and sedimentation are addressed by the Amended Reclamation Plan and in mitigation 6 required by the environmental review approved for this Operations Agreement. (k) There is no known effect on future mining in the area from implementation of the Reclamation as described herein. 10. Additional Obligations and Representations. (a) The City shall conduct and file with the State annual inspections under SMARA, pursuant to Section 2774 of the Public Resources Code. In order to assist in such annual inspections, Property Owner agrees to cooperate with the City in allowing access to the Property and to provide in a timely manner any information in its possession regarding reclamation activities requested by the City. No new materials shall be requested of Property Owner in conjunction with such annual inspections except that mentioned above, nor shall Property Owner be charged any fee for such inspections. 11. Assignment; Release. This Operations Agreement shall not be severable from Property Owner's interest in the Property and its development. Any transfer of a portion of the Property shall automatically operate to transfer the benefits and burdens of this Operations Agreement in respect of such portion. Property Owner shall have the right to sell, assign, pledge as security or transfer all or any part of its interest in the Property along with all of its right, title and interest in and to all or any part of the Operations Agreement to any person, firm or corporation at any time during the term of this Operations Agreement without the consent of the City. Provided that Property Owner has provided the City with notice of such transfer, upon the sale, transfer or assignment of Property Owner's interest in all or any portion of the Property, Property Owner shall be released from its obligations under this Operations Agreement arising subsequent to such transfer in respect of the transferred portion. The City agrees to execute any documents reasonably required by an assignee, transferee, lender, or other party confirming the rights of such party under this Operations Agreement or providing notices of default and rights to cure for the benefit of such parties. 12. Periodic Review of Compliance. In accordance with Government Code Section 65865.1, the City Council shall review this Operations Agreement at least once each calendar year hereafter. At such periodic reviews, Property Owner must demonstrate its good faith compliance with the terms of this Operations Agreement. Property Owner agrees to furnish such evidence of good faith compliance as the City, in the reasonable exercise of its discretion and after reasonable notice to Property Owner, may require. Property Owner shall be deemed to be in good faith compliance with this Operations Agreement if the City is not entitled by the terms and provisions of this Operations Agreement or other applicable law to terminate this Operations Agreement. It 7 r is understood that Property Owner is under an obligation to complete Reclamation of the property, but that Property Owner is not under any obligation to commence construction of any development within any time period or at all, and that failure to institute or complete construction of the development of the Property is not a basis for the City to determine that Property Owner is not in good faith compliance with this Operations Agreement. 13. Amendment or Cancellation. Except as otherwise provided for herein, this Operations Agreement may be amended or canceled in whole or in part only by mutual consent of the parties, or their successors in interest, and in the manner provided in Government Code Sections 65865. 1, 65867, 65867.5 and 65868. 14. Enforcement. Unless amended or canceled as provided in Section 20, this Operations Agreement shall continue to be enforceable by any party to it, including citizens of the City of Atascadero, notwithstanding any change or other regulations adopted by the City which alter or amend the rules, regulations or policies applicable to the Property. 15. Supersession of the Agreement by Changes in State or Federal Law. In the event that State or federal laws, ordinances, rules, policies or regulations or the laws, ordinances, rules, policies, or regulations of any other governmental or quasi- governmental entity are enacted after the Effective Date of this Operations Agreement, or the action or inaction of any other affected governmental jurisdiction prevents or precludes compliance with one or more provisions of this Operations Agreement, or imposes a requirement on the Reclamation or future development of the Property materially different than as otherwise contemplated by this Operations Agreement, or required changes in plans, maps or permits approved by the City or the development standards set forth in the Operations Agreement, the parties shall: (a) Provide the other party with written notice of such restrictions, together with a copy of the applicable law, rule, regulation or policy and a statement in reasonable detail setting forth the conflict of same with the provisions of the Operations Agreement; and (b) Promptly meet and confer with the other party in good faith and make a reasonable attempt to modify or suspend this Operations Agreement to comply with such law, ordinance, rule, policy or regulation. Thereafter, regardless of whether the parties reach agreement on the effect of such law, ordinance, rule, policy or regulation upon this Operations Agreement, the matter shall be scheduled for a hearing before the City Council upon thirty (30) days notice for the purposes of determining the exact modification or suspension which is required by such law, ordinance, rule policy or regulation. It is the express intent of 8 the parties to modify the Operations Agreement to allow for the Reclamation in as close conformity to the terms and conditions of this Operations Agreement as reasonably possible. Nothing herein shall preclude Property Owner from challenging the conflicting law, rule, regulation or policy. 16. Enforced Delay and Extension of Time Performance. In addition to specific provisions of this Operations Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to: (a) War, insurrection, civil commotion, riot, flood, severe weather, earthquake, fire, casualty, acts of public enemy, acts of God, governmental restriction, litigation (including without limitation, litigation contesting the validity, or seeking the enforcement or clarification of, this Operations Agreement whether instituted by Property Owner, the City or any person or entity) , acts or failures to act of any governmental agency or entity; (b) Inability to secure necessary labor, materials or tools, strikes, lockouts, other labor disputes, or delays of any contractor, subcontractor or supplier. An extension of time in writing for any such cause shall be granted for the period of the enforced delay, or longer as mutually agreed upon, which period shall commence to run from the time of commencement of cause. 17. Notices. Any notice or instrument required to be given or delivered to either party to the Operations Agreement may be given or delivered by depositing the same in the United States mail, certified mail, postage prepaid, addressed to: City: City Manager City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Property Owner: Glenn Millhollin 8758 E. Barstow Avenue Clovis, CA 93611 Notice of a change of address shall be delivered in the same manner as any other notice provided herein, and shall be effective three days after mailing by the above-described procedure. 18. Default and Remedies. (a) Property Owner's Default. Property Owner shall be in default under this Operations Agreement upon the happening of one or more of the following events or conditions: 9 (i) If a material warranty, representation or statement made or furnished by Property Owner to the City is false or proves to have been false in any material respect when it was made; (ii) A finding and determination by the City Council made following a periodic review under Section 13 that upon the basis of substantial evidence, Property owner has not complied in good faith with a material requirement of this Operations Agreement; or (iii) An express repudiation, refusal or renunciation of this Operations Agreement, if the same is in writing and signed by the Property Owner. (b) City's Default. The City shall be in default under this Operations Agreement if it shall: (i) fail to comply in good faith with its obligations and requirements hereof regarding the Reclamation and future Development opportunities specified herein, or any other of City's obligations herein; (ii) expressly repudiate, refuse or renounce this Operations Agreement in writing. 19. Procedure Upon Default. (a) Notwithstanding any provision of the Operations Agreement to the contrary, except for the Property Owner's default under Section 18(a) (iii) , Property Owner shall not be deemed to be in default under this Operations Agreement and the City may not terminate Property Owner's rights under this Operations Agreement unless the City shall have first delivered a written notice of any alleged default to Property Owner, which shall specify the nature of such default. Except for the Property Owner's default under Section 18(b) (ii) , if such default is not cured by Property Owner within ninety (90) days of service of such notice of default, or with respect to defaults which cannot be cured within such period, Property Owner fails to commence to cure the default within sixty (60) days after service of the notice of default, or thereafter fails to diligently pursue the cure of such default until completion, the City may terminate Property Owner rights under this Operations Agreement. Notwithstanding any provision of the Operations Agreement to the contrary, except for the City's default under Section 19(b) (iii) , the City shall not be deemed to be in default under this Operations Agreement and the Property Owner may not terminate the City's rights under this Operations Agreement unless the Property Owner shall have first delivered a written notice of any alleged default to City, which shall specify the nature of such default. Except for the City's default under Section 19(b) (iii) , if such default is not cured by the City within 10 ninety (90) days of service of such notice of default, or with respect to defaults which cannot be cured within such period, the City fails to commence to cure the default within sixty (60) days after service of the notice of default, or thereafter fails to diligently pursue the cure of such default until completion, the Property Owner may terminate this Operations Agreement. (b) In the event a default of this Operations Agreement occurs, irreparable harm is likely to occur to the nondefaulting party and damages may be an inadequate remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Operations Agreement is a proper and desirable remedy. (c) In no event shall either party be entitled to damages against the other party based on the other party's default under this Operations Agreement. - (d) In the event this Operations Agreement is terminated, except by default of the Property Owner, all rights to continue mining by the Property Owner, consistent with the 1980 Reclamation Plan, or any approved amendments thereto, and unimpaired by any provisions of this Operations Agreement, shall remain in force and effect, subject to all rights reserved by the City to challenge the 1980 Reclamation Plan or Property Owner's activities on the Property. 20. Entire Agreement. This Operations Agreement and the Exhibits therein referenced contain the entire agreement between the parties, and are intended by the parties to completely state the Operations Agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Operations Agreement, is null and void. 21. Severability. If any term, provision, condition, or covenant of this Operations Agreement, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenants or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Operations Agreement shall be valid and enforceable to the fullest extent permissible by law. 22. Counterparts. This Operations Agreement has been executed in one or more counterparts, each of which has been deemed an original, but all of which constitute one and the same instrument. 11 23. Estoppel Certificate. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) the Operations Agreement is in full force and effect and a binding obligation of the parties, (ii) this Operations Agreement has not been amended or modified either orally or in writing, or, if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Operations Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within ten (10) days following the receipt thereof. The City Attorney of the City shall have the right. to execute any certificate requested by the Property Owner hereunder. The City acknowledges that a certificate hereunder may be relied upon by transferees, mortgagees, or other parties. 24. Reservation of Rights. By execution of this Operations Agreement, both parties reserve any and all rights they may have to rely upon or challenge said 1980 Reclamation Plan and operations on the Property in relationship to said plan. Nothing herein affects the reservations of rights previously acknowledged by both parties, including those set forth in the letter of December 22, 1993 from the Property Owner's attorney to the City Attorney; the Interim Operations Agreement, effective October 12, 1994 by and between the City and the Property Owner; and the City Attorney's letter of March 15, 1994 to the Property Owner's attorney. IN WITNESS WHEREOF, the undersigned have executed this Operations Agreement, in lannJcofon with the the day and yearoval of the first above Reclamation and Closure , as written. ATTEST: CITY OF ATASCADERO �--f By: Lee Price, City C Geo a P. ghland, Mayor APPROVED AS TO FORM: Art er R. Mo tango enn M 1 ollin, City Attorney Property Owner 12 EXHIBIT A Millhollin Ouarry Legal Description: The property is Parcel 6 of Parcel Map recorded in 28/PM/30 and Lots 20 & 21 of Tract Map (Tract 1422) recorded in 14/MB/63 in the City of Atascadero, County of San Luis Obispo, State of California. Assessor' s Parcel Numbers: APN 055-451-006, APN 055-451-030 & APN 055-451-031 EXHIBIT B R 12 E ' 1 'B � Muntcery ICJ --- — /-''♦ ` 1<eo; ver s•n� �w cl RD bee MUNE •i J �Ev q ( <o a w: N :L N ~ Mill llin;'Property . 'LfA Santa Lucia Quarry I' ii PfPEL,NE V FIGURE 2 ATASCADERO 7.5 MINUTE QUADRANGLE SCALE 1 24 . 000 SAN LUIS OBISPO COUNTY. CALIFORNIA PREPARED BY: REVIEV 8Y*iyZ-"4. CAD Na: CA00278.DVG REV DATE: 10/24/92 41 EXHIBIT C zlx ccIL XX 10 is �_• � tii • i � ! i � ` �``il t . \'i ., 6J � QD .� / t it t f �/ � � , 1 •'� J �� rf Ar IL ` t I � �t \ \ � •I. \\ 'fit ` t 1 1 42 EXHIBIT D HOURS OF OPERATION The quarry shall only be operated 7:00 a.m. to 4:30 p.m. Monday through Saturday. Trucks which haul gravel, whether empty or not, shall traverse Santa Lucia Road only between said hours. The operator shall coordinate with the Atascadero Unified School District and attempt to minimize the presence of trucks along Santa_ Lucia Road when school children are likely to be present awaiting bus pick-up and/or following bus drop-off; an effort shall be made by the operator to adjust workers' lunch breaks to avoid truck traffic altogether during and immediately following the noontime drop-off of younger school children along said road. AMOUNT OF MATERIAL REMOVED There shall be no more than 20,000 cubic yards of material removed from the quarry during a calendar year of operation, unless advance permission is obtained from the City. There shall be no more than thirty (30) truck trips per day. The operator shall provide City with truck counts and purchase orders or invoices as proof of compliance, when requested. SAFETY All truck drivers shall turn vehicle headlights on when driving within the City of Atascadero and observe the posted speed limit at 35 MPH speed limit on Santa Lucia where the posted speed limit is 35 and 40 MPH. During quarry operations, flashing truck traffic warning signs shall be placed along Santa Lucia Road, on both sides of the quarry entrance, to advise motorists of trucking activity. The type and placement of said warning signs shall be subject to continued review by the City to ensure their effectiveness is maximized and location safe. There shall be no parking of quarry vehicles along Santa Lucia Road. The quarry site shall remain fenced and the gate locked when the quarry is not in use and the aforementioned warning sign shall be folded or otherwise obscured. DUST CONTROL Quarry operations shall maintain continued compliance with Air Pollution Control District requirements relative to airborne particulate and California Highway Patrol requirements relative to the covering of loaded vehicles with tarps to prevent/minimize the occurrence of errant materials during transport. Exhibit D Page 2 of 2 EOUIPMENT NOISE Operator will attempt, where possible, to limit noise. All equipment motors and back-up alarms (to the extent allowed by law) shall be muffled to prevent excessive noise.