1970-0610_CONROCK CONPANY_Agreement i
1 � AGREEMENT CONCERNING OPERATIONS
OF CONSOLIDATED ROCK COMPANY
2I, LUP-70 113
31 This Agreement is made , this 12th day of June , 1972 , by
CONROCK CO..
4 and betweenhereinafter called "Conrock"
5 and the City of San ,Juan Capistrano , hereinafter called, "City" .
6 WITNESSETH:
7 WHEREAS , pursuant to Land Use Permit 70-113 , Conrock
8 was permitted to continue its operations on Paseo Adelanto for a
9 period of two (2) years from .June 10 , 1970 , with the right to seek
i.
10 an additional two-year term thereafter; and
11 WHEREAS , Conrock did , on Mav 2 , 1972 , apply to the
12 Planning Commission of the City for an additional two-year exten-
13 sion of said Land Use Permit to and including June 9 , 1974 ; and
14 WHEREAS , The aforesaid application was denied and Con-
15 rock was granted a period of nine (9) months within which to phase
16 its said operations out; and
17 WHEREAS , the aforesaid action of the Planning Commission
18 was duly appealed to the City Council of City; and
19 WHEREAS , the City Council , after hearing testimony,
20 and having considered all of the evidence and circumstances there-
21 on, has determined that it is fair and equitable that Conrock
22 should have an additional two-vear period within which to wind
23 up its operations on Paseo Adelanto.
24
25 NOW THEREFORE , in consideration of the premises, Con-
26 rock and City hereby agree as follows :
27 1 . City does hereby grant Conrock the right to continue
28 its operations at its plant on Paseo Adelanto for an additional
29 two year period, to and including June 9 , 1974 .
30 2 . Conrock covenants and agrees to cease the uses
31 heretofore permitted pursuant to Land Use Permit 70 113 on said
32 Paseo Adelanto by June 9 , 1974 .
1 IN WITNESS WHEREOF, the parties hereto have executed this
2Agreement on the date appearing opposite their names.
3 ' City of San Juan Capistrano
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51 Date: July 3 , 1972 By SXNG/gy6
Mayor
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ATTEST:
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City Clerk
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11 CONROCK CO.
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14 Date : SEP 1 1972 �eao� By
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16 1 APPR06FD - CRETA_:Y
C. R. M R.
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CONSOLIDATED ROCK PRODUCTS CO.
FORCITYCOUNCIL' 1�7
/A P.O.BOX 1111 TERMINAL ANNEX•LOS ANGELES,CALIF.60014
GENERAL OFFICES:2730 S.ALAMEDA STREET-(213)233-3111
.m...... ..b 7:'.�'.............................................AGENDA
May 15, 1972
The Honorable City Council
City of San Juan Capistrano
3240 Paseo Ade Ionto
San Juan Capistrano, California 92675
Attention: Donald D. Weidner R E C E I V E D
City Clerk eY••...•..
Re: Land Use Permit No. LUP 70-113 MAY 161972
QTY. oP,
Gentlemen: 8A14 JUAN CApISTRANQ
CONROCK CO., formerly Consolidated Rock Products Co. (hereinafter
referred to as CONROCK) by this letter appeals the decision of the Planning
Commission for the City of San Juan Capistrano denying an extension of the
referenced Land Use Permit for an additional two years and granting a nine
month's extension for relocation only, with no recourse.
This appeal is based on the grounds that the use permitted has and does meet
the standards set forth in Section 6.01 .6 of the Zoning Plan and further that
a ni ne month's extension for relocation is unreasonably short and poses a
hardship upon CONROCK.
CONROCK, since 1964, has operated a ready mixed concrete batch plant
on a three acre parcel of land in the City of San Juan Capistrano. The
property, owned by Provincial Properties, Inc. and leased to CONROCK,
is zoned C-2. The property is bounded on the east by the tracks of the
Santa Fe Railroad; on the west by the Trabuco Channel; by the City Hall
to the south; and to the north by Spaulding Equipment Company. Pursuant
to the provisions of City Ordinance 45, CONROCK applied for a Land
Use Variance to operate a ready mixed concrete batch plant on the property.
Land Use Variance 64-104 authorizing such use was granted to CONROCK
effective June 10, 1964, for a period of four years, with a two year
extension by City Council action. On May 13, 1968, the Council unani-
mously extended LUV 64-104 for an additional two years to May 19, 1970.
READY MIXED CONCRETE ROCK AND SAND SACK CEMENT KILN DRIED HOOFING GRAVEL- BLASTING SANDS LIGHT WEIGHT CONCRETE
•
(DIO o
The Honorable City Council
City of San Juan Capistrano Page 2
Effective June 10, 1970, Land Use Permit 70-113 was granted extending
the use for an additional two years until June 10, 1972. LUP 70-113, like
its predecessor LUV 64-104, contained numerous and comprehensive condi-
tions of operation including the dedication of a portion of the property
fronting Del Obispo and the installation of street improvements all designed
to insure that the granting of the permit would not be materially detrimental
to the public welfare or injurious to the property or improvements in the
neighborhood. On May 2nd, the Planning Commission declined to extend
LUP 70-113 for an additional two year period on the basis that the use of
the facility may not now be compatible with the area. The Planning
Commission further determined that CONROCK should have nine months
from the effective date of its decision to remove its business, without
recourse.
CONROCK's operation situated as it is adjacent to the tracks of the Santa
Fe Railroad; Trabuco Creek, the City Hall and other commercial enterprises
and subject to the comprehensive conditions as set forth in LUP 70-113 is
compatible with the area. The various objections raised by the Protestants
have been adequately covered by the comprehensive conditions, for example,
pursuant to condition 3, truck traffic has been routed away from Del Obispo
westerly of Trabuco Channel and, pursuant to conditions 7 and 8, CONROCK's
operations are required to be conducted in a manner as to eliminate noise and
vibrations and to comply with the requirements of the Orange County Air
Pollution Control District. At the hearing on May 2nd, each of the conditions
were reviewed and it was the consensus that CONROCK had met all of the
conditions and conducted its operation as a good neighbor.
The decision of the Planning Commission to allow CONROCK a mere nine
months to relocate its operations is unreasonable and poses a hardship. There
is presently no zone within the City of San Juan Capistrano which would
permit such an operation. A complete review of the City of San Juan Capistrano
Zoning Plan is pending. To effect a relocation without a prolonged cessation of
operations will take at least two years preparatory work.
page -4-
Minutes - Meeting IMay 2 , 197'
Planning Commission
9. Unfinished Business - Cont'd:
to approve the proposed plans as precise for construction purposes,
subject to the normal applicable conditions. Motion was seconded
by Commissioner Sweeney; vote carried unanimously, and so ordered.
Conditions of approval are:
1) That the sign be granted for a period of one (1) year,
with possible one-year extensions of time at Commission
discretion.
2) That the sign be located at the north-east corner of Del
Obispo and Aguacate.
3) A cash bond or other surety in the amount of $200.00 shall
be deposited with the City to assure removal after the
expiration date. The surety shall be deposited prior to
issuance of a building permit.
4) That the owner of the sign and the owner of the property
shall furnish the City or any of its agents or employees
permission to enter upon the premises to remove said sign;
said authorization to be furnished to the City prior to the
issuance of a building permit.
D. Tract X7221, Straub - Request for modification of landscape plan.
Acting Secretary reported this item had been discussed at a work
session and Commission had authorized the Planning Department to
approve the landscape change plan as precise; however, he requested
this action be reflected in these minutes. Chair acknowledged
approval.
E. State of California, Department of Public Works, Division of High-
ways, memo for files, Mr. Joe Duval, Assistant District Maintenance
Engineer. Chair expressed concern of the obvious lack of communica-
tion and/or understanding and suggested a letter be directed in reply
to Mr. Duval's memo clarifying the fact that this item had been dis-
cussed at a work session only. No formal action can be taken at a
work session; therefore, no stipulations, conditions, or agreements
were formulated. However, suggestion was made at that time for the
applicant to check a previously approved wall (Dunnivin) for ideas
as to what the Commission would like them to achieve. Substantial
discussion ensued and Commissioner Sweeney made a motion that a
letter be forwarded to the State Division of Highways to clarify the
position of the Planning Commission. Secretary suggested the letter
be prepared for signature of the Chairman of the Planning Commission.
Motion was seconded by Commissioner Heim; vote carried four to one.
10. New Business:
A. LUP ^0-113 (Ccnsolidated Beck) - PeoueFt for a two-year extension of
--- -------
actisit cs . Ac „� c-i!cc tcr.arii to tue oric;11a1 con-
ditions of approval, specifically #15, specifying that at the termina-
tion of the permit, the Planning Commission would conduct a review as
Page -S- • .
Minutes - Meeting May 2, 1972
Planning Commission
10. New Business - Cont'd:
to the compatability and conformity of use of the site, with option
of extension.
Chair requested proponents for the request and Mr. Lillywhite,
representing Con-Rock, addressed the Commission stating they had
conscientiously endeavored to comply with the conditions imposed
and noted other industries have been established in the vicinity
which he feels are compatible with Con-Roc.
Mr. R. L. Yount, Vice President of Con-Rock, addressed the Commiss-
ion, stating his Company had solicited the aid of the Police Department
and the Air Pollution Control Department in an attempt to minimize
traffic and air pollution problems. Previous complaints received
had been acted upon promptly and any existing complaints could be
rectified.
Mr. Johnson, Manager of the San Juan Mobile Home Estates, addressed
the Commission in opposition to the request for the extension of use,
stating it definitely is a detriment to his rental program, as many
complaints had been received from his tennants due to the early morn-
ing hours of operation causing excessive noise and the dust and traffic
problems resulting.
Considerable discussion followed and Secretary noted that when the
original permit was granted, it was discussed that a time would occur
when operation of the plant would no longer be compatible in the area.
Mr. Glen Nichols, resident of the Mobile Home Park, presented a
petition of opposition to the cement plant, properly signed by more
than one hundred residents of the San Juan Mobile Home Estates.
Mrs. Glen Nichols, also spoke in opposition, calling attention to
the many programs being conducted at higher levels of government
in an attempt to abate the noise and air pollution problems.
Discussion continued and Chair informed applicant it is not the in-
tent of the Commission to impose hardships on them; however, use of
the facility may not now be compatible in the area.
Commissioner Sweeney made a motion that the request for a two-year
extension of time be denied and negotions be made for reasonable
extension of time for the company to relocate. City Attorney re-
ported Commission has the legal authority to approve an extension
of time less than two years; if the two-year extension of time is
denied, they could grant an extension of time for relocation only,
with no recourse, subject to the conditions initially imposed.
Commissioner Sweeney amended his motion to deny the two-year ex-
tension of time and grant an additional nine months to permit the
Page -6- •
Minutes - Meeting 1 y 2, 1972
Planning Commission
10. New Business - Cont'd:
orderly termination of the plant and relocate. The permit to be
terminated at the expiration of nine months, with no recourse,
subject to the conditions originally imposed. Motion was seconded
by Commissioner Gaffney; vote carried four to one.
B. LUP 71ct-107 (Syfan) - Item deleted pending further action by the
rc iteural Board of Review.
C. Sign - C-1H District (LUP 70-118, Koper - Assistant Planner presented
a rendering of t e proposed sign, noting it is a revision of the sign
previously approved on LUP 70-118. Discussion followed and Chair
suggested that wrought iron (not sheet metal or any substitute) be
stipulated for construction. Commissioner Sweeney made a motion to
approve the colors and the plans as precise with the stipulation that
wrought iron (not sheet metal or any other substitute) be used for
construction. Motion was seconded by Commissioner Heim; vote carried
unanimously, and so ordered.
9. Unfinished Business:
A. Planning Programs - Personnel $ Budget - Secretary referred to the
preliminary budget for the fiscal year 1972 - 1973, noting the dead-
line for submission was Monday, April 24, 1972; however, changes
could be made, if necessary. Discussion followed with Chair question-
ing the status of the Conservation Element. Secretary reported a draft
copy would be mailed to the Commissioners within the next two weeks, and
review of the Flood Plain Zoning would be made at the next work session
and the Scenic Highway at the following work session.
Assistant Planner, M. A. Tooker, reported he .had been working on
"Water Resources,""Land Resources," and "Recreational Resources,"
of the Conservation Element, which will be available for review. He
stated he is conducting an experiment to ascertain the value of
establishing a check list of environmental impact criteria to be re-
quired of developers. He is inviting ten very knowledgeable representa-
tives from various agencies in the State, and a developer to contribute
their expertise in the formulation of such a list. This meeting is
scheduled for May 10, 1972. After the list is prepared, he will again
submit it to these same experts and solicit their review, suggestions,
and/or criticism.
Discussion continued and Commissioner Gaffney suggested a report be
prepared for Chair's signature, based upon the report and budget of
the Secretary, and forward it to City Council.
Informal discussion followed and Secretary requested Chair to adjourn
the regular meeting of the 16th to May 23, 1972, in order to process
the back-log of work as a result of the absence of a Planning Commission.
San Juan Capistrano, California
April 29, 1972
To The Honorable City Council
City of San Juan Capistrano, Cal.-.;
Gentlemen:
We are bringing to your attention the undesirable operation of
the Consolidated Rock Products Co. on property situated along the Trabuco
Creek Flood Control Channel in our city, and request that you deny ary
application for renewal of permit which was first granted in 1960 by the
City, and which expires on June 10, 1972•
Very good and valid reasons why the operation of the rock and
cement business should be discontinued on the property are listed below.
NOISE POLLMION
The excessive noise of the operation, which begins at six
**clock every morning of the week except Saturday and Sunday,
makes sleep or rest impossible after that hour for those
living nearby. It is not only annoying but injurious to
health. Noise pollution is of great concern to the medical
profession. There has been extensive discussion in news-
papers, magasi nes, radio and television programs. Throughout
our country more and more attention is being given by
municipalities to eliminate this enemy to physical and mental
health.
Under date of June 24, 1970, the Department of Building and
Safety of Orange County, in their Land Use Permit, listed
among other requirements of the Consolidated Rock Company,
Paragraph 7, this stipulation: "All equipment and premises
for the use shall be constructed, maintained and operated in
such a manner, as far as reasonably practicable, as to
eliminate noise and vibration which is injurious or annoying
to persons living in the vicinity."
Obviously, the noise and vibration have not been eliminated.
It is a serious health problem for people living in the area.
AIR POLLUTION
When the plant is in operation, between the hours of 6 A.M.
and 6 P.M., dust and air pollutants are blown onto our
residences and throughout the Park.
TRAFFIC HAZARD
The plant is surrounded by private and multiple residences.
When the permit was first granted in 1960, the area was very
different. We feel it should be recognised that with the
City Council - Page 2
growth of the city, the area has changed greatly and people
living here are entitled to satisfactory living conditions.
The almost constant traffic of large, heavy trucks going into
and from the plant during the day, create a definite hasard to
pedestrians and private vehicles. Children going to aid re-
turning from school are endangered by the trucks.
UMMMT-T STRUCTURE
The plant, standing as it does so near El Adobe Plaza and
other pleasing structures, is incongruous and ugly aid
unworthy of the efforts of the citizens and officials of
San Juan Capistrano to make and maintain a beautiful little
city. We understand there will soon be a new shopping center
at Dal Obispo and Camino Capistrano Streets and plans call for
an impressive development of Spanish architecture to conform
with San Juan Capistrano tradition. The attractiveness will
not be enhanced by the cement plant in the background.
We would like to again stress the fact that the noise of the operation
Is a torment to those of us living nearby and a very serious health problem.
We ask for your understanding and favorable consideration of our
request to be allowed to exist under normal living conditions.
Respectfully,
dents of
SanMoo I p atee
olefin F. Nicho3a
CC: Planning Commission
M
CONSOLIDATED ROCK PRODUCTS CO.
P.O.BOX 2850 TERMINAL ANNEX•LOS ANGELES,CALIF.90054
GENERAL OFFICES:2730 S.ALAMEDA STREET-(213)2333111
April 13, 1972
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675 E C E I V E D
Attention: Donald G. Weidner
APR 141972
City Manager
BAN JNALTM OF
Re: LUP 70-113 N CApIsTMANO
Gentlemen:
The referenced Land Use Permit was granted effective June 11, 1970
for a period of two years with the provision that it may be extended
for an additional period of two years by Planning Commission action.
This is to request that this matter be placed on the Planning Commission
agenda for review at your earliest convenience so that the permit can be
extended for the additional two year period. We shall be happy to meet
with your staff or with the Planning Commission members to go over the
matter prior to the full Planning Commission review, if that is desirable.
If such a meeting is desired, please advise.
Sincerely,
. Weber
Properties Manager
GHW/j
cc: Mr. J. B. Lillywhite
READY MIXED CONCRETE ROCK AND SAND SACK CEMENT KILN DRIED ROOFING GRAVEL BLASTING SANDS LIGHT WEIGHT CONCRETE
MARS AENNAN, INC. OF MAWAIA
I N S U R A N C E 1
3303 WI1,S111RE BOUI,EVAIiD • I.OS ANCEI.ES, CALIFORNIA 90010
TELEPHONE 380-1600
❑City of San Juar. Capistrano CO Fvr. P1.E, Horney
City Clerks Office p Consolidated Rock Products Company
T OranCe County, California Y P.O. Box 2950, Terminal Annex
O Attn: E.A. Thompson, City Clerk 7 Los Angeles, Cali^ornia 90054
L - O L _ J _
policy Number and Company Subject pare
See attached Certificate of 7rsu,-,qnce I 1-14-72
ACTION REQUESTED ENCLOSURES
❑ Complete/Sign & Return )M Certificate of Insurance ❑ Lost Policy Release
❑ For Your Use, or Information ❑ Payroll Report Form ❑ Forms to Report Loss/Accident
❑ For Your File ❑ Application for Bond ❑
❑ ❑ Safe Driver Report Form ❑
Remarks:
Ca
AN 1 ,
Ctry "F r, Sincerely yours, �
T. Sims
INSERT
NAME OF I
THE FDELI C TY COMPANY OF NEW YO
COMPANY-_ _ - -_ _ _ _ _-_ _ _ - Tf- __- - 1 —_—_ _ — ___
(Herein called the company)
ERTIFICATE OF INSURANCE
The company hereby states that it has issued to the in-
sured named herein a policy or policies of insurance
providing the types of insurance and limits of liability set
forth herein. This certificate of insurance neither of-
firmately nor negatively amends, extends or alters the
coverage afforded by the policies scheduled herein. It
Consolidated Rock Products Company is furnished as a matter of information only, confers no
P. 0. SOX 2950, Terminal Annex rights upon the holder and is issued with the understand-
Los Angeles, California 90054 ing that the rights and liabilities of the parties will be
governed by the original policy or policies as they may
L be lawfully amended by endorsement from time to time.
TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS OF LIABILITY
(Indicate by"X"In Boz) NUMBER DATE DATE BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY
][I Comprehensive Automobile Liability 1" 4832700 12-31-71 12-31-74 E 100,000. a.ran E 25,000. o«�[.en[e
800 Q00. each
occurrence
LI Comprehensive General Liability 4832700 12-31-71 12-31-74
IEIts"Manufacturers'and 100 000. each
Contractors'Liability E ) Peron E 25,000- , occurrence
C Owners;Landlords'and
T...rti Liability
300,000. each 25 000.
❑ Commttm Liability E occurrenm E aggregate
E 300)000. agg,e,ata
Coverage afforded in accordance with the Workmen s Compensation Law of the States
specified in subdivision(a)below and the Oau,wiaval Disease Law,if any,of such States,
WORKMEN'S unless otherwise stated in subdivision(b)below.
COMPENSATION
W
Ib)
EMPLOYERS' LIABILITY COVERAGE S—EMPLOYEES SUBJECT TO COMPENSATION LAW
(Unless olherwhe stated, the policy E
umber,effective and expiration dates COVERAGE B—EMPLOYEES NOT SUBJECT TO COMPENSATION LAW
re the some as those shown for work.
men s compensation insurance) INJURY BY ACCIDENT INJURY BY DISEASE
each each
E employee b employee
E aa[M1 ..regale
accident E (each state)
MEDICAL $ eMT
mployee
REMARKS
Soley as respects the premises located on the Southside of East Del Obispo
at the A.T.& S.F.RAILWAY, SAN JUAN CAPISTRANO; CITY OF SAN JUAN CAPISTRANO is
named as Additional Insured.
This certificate is issued at the request of the person or organization named below and the company will mail to such person or organization,
at the address shown, notice of cancellation and, where possible, notice of any material change in any of the described policies.
r —I
City of San Juan Capistrano
City Clerks Office Date ; . , _
r.P1, INC,
Orange County, California
By
L Attention E. A. Thompson, City Clerk —I
Authorised Representative
PRINTED IN U.S.A.
•
_ F. G. MCLELLAN, JR.
� O F DIRECTOR OF
BUIL
� DING AND SAFETY
I 400 WEST EIGHTH STREET
SANTA ANA, CALIFORNIA 02701
AN G E
TELEPHONE: 347.0547
AREA CODE 714
1 DEPARTMENT OF BUILDING AND SAFETY
June 24, 1970
Consols ed Rock Products Co. �
0. 29
TA
ex
Ange
s, California 90054
Gentlemen:
The City of San Juan Capistrano Planning Commission at a regular
meeting, held May 21, 1970/authorized your application for Land
Use Permit No. LUP 70-113 SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT THE APPLICANT D .DI -A . THAT PORTION OF SUBJECT PROPERTY
FRONTING ON DEL OBISPO TO THE CITY AND THAT APPLICANT SHALL
INSTALL STREET IMPROVEMENTS IN ACCORDANCE WITH CITY STANDARDS.
2. THAT THE RIGHT TO ENTER UPON THE PREMISES AND TRAVEL ON LENGTH
OF THE ACCESS ROAD SHALL BE GRANTED TO THE CITY BY DOCUMENT,
THE FORM OF WHICH SHALL BE APPROVED BY THE CITY ATTORNEY.
3. THAT THE ROUTING PLAN AS PREVIOUSLY APPROVED BY CITY COUNCIL,
DEL OBISPO AND ORTEGA HIGHWAY TO FREEWAY INTERCHANGE, IS
ACCEPTABLE. FUTURE CHANGE TO THIS APPROVED ROUTE SHALL BE
AT DISCRETION OF THE CITY COUNCIL.
4. THAT ALL TRAFFIC CIRCULATION ROUTES AND PARKING AREAS ON. THE
PLANT SITE SHALL BE OILED OR HARD-SURFACED AND MAINTAINED AS
TO PREVENT THE CREATION OF DUST WITHIN THE SITE.
5. THAT ALL OFF-STREET PARKING FOR TRUCKS, EQUIPMENT AND EMPLOYEES
CARS SHALL BE PROVIDED ON THE PLANT SITE.
6. THAT OPERATIONS SHALL BE FROM 6:00 A.M. TO 6:00 P.M. MONDAYS
THROUGH FRIDAYS ONLY, AND OPERATIONS ON NATIONAL AND STATE
HOLIDAYS WILL BE AT THE DISCRETION OF THE CITY ADMINISTRATOR.
EXCEPTIONS TO THE ABOVE ARE WHEN:
1. WORK REQUIRED BY PUBLIC AUTHORITIES.
2. WORK REQUIRES A CONTINUOUS POUR OF CONCRETE AND HAS
BEEN APPROVED BY THE CITY ADMINISTRATOR.
• •
Consolidated Rock Products Co. June 24, 1970
Land Use Permit No. LUP 70-113 Page 2
3. WORK DUE TO PUBLIC EMERGENCIES.
4. NECESSARY AND REASONABLE REPAIRS TO THE EQUIPMENT ARE
REQUIRED, TRANSPORTATION VEHICLES NOT INCLUDED.
7. THAT ALL EQUIPMENT AND PREMISES FOR THE USE SHALL BE CONSTRUCTED,
MAINTAINED AND OPERATED IN SUCH A MANNER, AS FAR AS REASONABLE
PRACTICABLE, AS TO ELIMINATE NOISE AND VIBRATION WHICH IS
INJURIOUS OR ANNOYING TO PERSONS LIVING IN THE VICINITY.
INTERNAL COMBUSTION ENGINES SHALL BE EQUIPPED AT ALL TIMES
WITH EXHAUST MUFFLERS IN GOOD WORKING CONDITION TO CONTROL
EXCESSIVE OR UNUSUAL NOISES.
8. THAT ALL OPERATIONS SHALL BE CONDUCTED IN COMPLIANCE WITH ALL
THE REQUIREMENTS OF THE ORANGE COUNTY AIR POLLUTION CONTROL
DISTRICT.
9. THAT THE EXISTING FENCE, GATES AND LOCKS SHALL BE MAINTAINED
IN GOOD CONDITION AND THE GATES EQUIPPED WITH KEYED LOCKS
SHALL BE LOCKED AT ALL TIMES WHEN NOT IN REGULAR USE.
10. THAT STOCKS OR STOCKPILES OF MATERIALS USED FOR THE PRODUCTION
OF CONCRETE SHALL BE MAINTAINED OR CONFINED TO AGGREGATE BINS.
D11. THAT NO ROCK CRUSHING PLANT OR OTHER APPARATUS FOR MANUFACTURE
OF ROCK, SAND OR GRAVEL SHALL BE PERMITTED ON THE PLANT SITE.
12. THAT THE MAXIMUM HEIGHT FOR ANY TYPE OF ON-SITE EQUIPMENT SHALL
NOT EXCEED 45 FEET IN HEIGHT ABOVE TOP OF RAILROAD LEVEL. COLOR
OF EQUIPMENT SHALL BE LIGHT GREY WITH TRADE SYMBOL PERMITTED.
13. THAT THE EVERGREEN VARIETY OF TREES AND SHRUBS NOW EXISTING
SHALL BE MAINTAINED TO FURTHER ENHANCE THE SITE.
14. THAT INSURANCE IN THE AMOUNT OF $300,000 PUBLIC LIABILITY FOR
PERSONAL INJURY OF MORE THAN ONE PERSON, $100,000 FOR PERSONAL
INJURY FOR ONLY ONE PERSON AND S25,000 FOR PROPERTY DAMAGE BE
PROCURED BY THE APPLICANT, PRIOR TO ISSUANCE OF CERTIFICATE OF
OCCUPANCY AND THAT SAID INSURANCE SHALL COVER ALL ACTIVITIES
OF SAID OPERATION AND SHALL BE A PRE-REQUISITE FOR CITY LICENSE
AND RENEWAL. ALSO, THAT CITY SHALL BE NAMED CO-INSURED AND
THAT CITY BE NOTIFIED IMMEDIATELY IF ANY LIABILITY OCCURS.
15. THAT THIS PERMIT IS GRANTED FOR A PERIOD OF TWO YEARS, AND AT
WHICH TIME IT MAY BE EXTENDED FOR A PERIOD OF TWO YEARS BY
PLANNING COMMISSION ACTION. IT WILL BE REFERRED TO THE PLANNING
COMMISSION AT THE END OF TWO YEARS FOR A REVIEW AS TO THE COM-
PATABILITY AND CONFORMITY OF USE WITH THE SURROUNDING AREA WITHIN
WHICH THE USE IS LOCATED.
Consolidated Rock Products Co. June 24, 1970
Land Use Permit No. LUP 70-113 Page 3
16. VIOLATIONS OF ANY OF THE CONDITIONS IMPOSED ON THE APPLICANT,
BY HIMSELF OR HIS EMPLOYEES, SHALL BE MADE A PART OF RECORD
OF THIS VARIANCE AND IF VIOLATIONS ARE OF SUFFICIENT NATURE
TO WARRANT, THE CITY COUNCIL SHALL HAVE THE RIGHT TO CANCEL
SAID VARIANCE PER RECOMMENDATION OF THE PLANNING COMMISSION.
The portion of Condition No. 1 which is underlined, SHALL BE SATISFIED
AND NOTICE RECEIVED FROM THE CITY BEFORE YOUR LAND USE PERMIT MAY BE
ISSUED TO YOU. The balance of the conditions of approval shall be
fulfilled as soon thereafter as possible.
Very truly yours,
J. W. WOLFE
Chief, Land Use Division
RWW/jl
1/": City of San Juan Capistrano
D
i -
t
January 19, 1964
s
Cbnsoli y2daprotrueetts
Company
10 S South
s galefornia
Gentlemen
a City Council of the City of San Juan Capistrano at a regular meeting held
May 20, 1964, authorized your application for Land Use Variance Permit No. 64-104
OBJECT TO THE FOLLOWING CONDITIONS:
THAT THE APPLICANT DEDICATE THAT PORTION OF SUBJECT PROPERTY FRONTING
ON DEL OBISPO TO THE CITY AND THAT APPLICAL:T SHALL INSTALL STREET
IHPROVEMIENTS IN ACCORDANCE KITH CITY STANDARDS.
b. THAT APPLICANT SHALL PROVIDE FOR ADEQUATE DESIGN FOR INGRESS AND EGRESS
PCOF LARGE "HADD-IN" TRUCK AND TRAILER RIGS TO INCLUDE A 100 FOOT OF THEEETPROPOSED 40 FOOT ACCESS ROAD FROM PROPERTY LINE TO BE AT STRGRADE.
DESIGN SHALL MEET WITH CITY ENGINEER APPROVAL.
THAT THE RIGHT TO ENTER UPON THE PREMISES AND TRAVEL ON LENGTH OF THE
ACCESS ROAD SHALL BE GRANTED TO THE CITY BY DOCUMENT, THE FORM OF WHICH
SHALL BE APPROVED BY THE CITY ATTORNEY.
THAT THE PART OF THE PROPOSED ACCESS ROAD WHICH IS TO BE ON AN EASEMENT
OF A PORTION OF LOT 53 NOT A PART OF APPLICANTS PROPERTY DESCRIBED IN
VARIANCE REQU .ST, SIIALL DE OXAINFD THROUGH EASZkMT AND ALL I1MROVEJENTS
SHALL Bei IN ACCOl'"ANCE WITH CITY STANDARDS.
e. THAT A ROUTING PIAN SHALL BE SUBMM17TED TO AND APPROVED BY THE CITY COUNCIL
PRIOR TO ISSUANCE OF LAND USE VARIANCEr FUTURE CHANGES TO THE APPROVED
ROUTING PLAN SHALL BE AT THE DISCRETION OF THE CITY COUNCIL.
f. THAT NECESSARY TRAFFIC SIGNS ON DEL OBISPO BE INSTALLED TO INSURE ADEQUATE
WARNING OF THE PRESENCE OF THE PLANT. LOCATION, NUM>SER AND TYPE OF SIGNS
TO BE APPROVED BY THE CITY ENGINEER AND COST TO BE BOURNE BY THE APPLICANT.
Q. THAT ALL TRAFFIC CIRCULATION ROUTES AND PARKING AREAS ON THE PLANT SITE
SHALL BE OILED OR HARDSURFACED AND MAINTAINED AS TO PREVENT THE CREATION
OF DUST WITHIN THE SITE.
� f
Aasoltdatad Rock •Pro�Gets CmWaa7 Janusr7 19, 1983
Lad Use Variance Permit No. 64-104 PCAs Z
- 1
i
i
b. THAT ALL OFF STRAIT PARSING FOR TRUCKS, EQUIPIMANT AND RYPLOYESS CARS
SHALL BI PROVIDED ON THE PLANT SITE.
1. THAT ALL GRADING AND DRAINAGE PIANS SHALL BA APPROVED BY THE CITY
ENGINEER PRIOR TO ISSUANCE OF BUILDING PERMIT.
J. THAT DRAINAGE PLANS, WHEN IN THE OPINION OF THE CITY ENGINEER, INVOLVE k
THE FLOOD CONTROL CHANNEL, SHALL 8E APPROVED BY TNS ORANGE COUNTY FLOOD
CONTROL DISTRICT.
THAT OPERATIONS SHAId, BE FADM 6:00 AM TO 6:00 PLL, MONDAYS THROUGH FRIDAYS
ONLY, AND OPERATIONS ON NATIONAL AND STATE HOLIDAYS WILL, BE AT THE
DISCRETION OF THE CITY ADMINISTRATOR, EXCEPTIONS TO THE ABOVE ARA WHEN:
(1) WORK REQUIRED BY PUBLIC AUTHORITIES.
(Z) WORK REQUIRES A CONTINUOUS POUR OF CONCRETE AND HAS BEAR
APPROVED BY THB CITY ADMINISTRATOR.
(3) LURK DUE TO PUBLIC XWERGENCIES,
(4) NECESSARY AND RIASONABLB REPAIRS TO THE EQUIPMENT ARE REQUIRED,
TRANSPORTATION VFMc"-2RS NOT INCLUDED.
01. THAT ALL EQUIPMENT AND PREMISES FOR THE USI SHALL BE CONSTRUCTED* MAIN-
TAINED AND OPERATED IN SUCH A MANNER, AS PAR AS REASONABLE PRACTICABLE,
PAS TO ELIMINATE NOISE AND VIBRATION WHICH IS INJURIOUS OR ANNO'TNO TO
PERSONS LIVING IN THI VICINITY. INTERNAL COMBUSTION ENGINES SHALL BE
EQUIPPED AT ALL TIMIS WITH EXHAUST MUFFLERS IN GOOD WORXIVG CONDITIONS
TO CONTROL EXCESSIVE OR UNUSUAL NOISES.
a. THAT ALL OPERATIONS SHALL BE CONDUCTED IN COMPLIANCE WITH ALL THE
REQUIREMENTS OF THE ORANGE COUNTY AIR POLLUTION CONTROL, DISTRICT.
a. THAT PRIOR TO THE COMMENCEMENT OF OPERATION OF THE PROPOSED PLANT, A
FENCE SHALL BE CONSTRUCTED ENCIDSING SAID PLANT SITE. SAID FENCE SHALL
BE OF A STEEL, CHAIN LINK TYPE, 6 FEET IN HEIGHT. TRI BOTTOM OF SAID
FENCE SHALL CONFORM TO THE GROUND SURFACE SO AS TO PREVENT ANY OPENING
BETWEEN IT AND THE GROUND SURFACE EXCEEDING 4 INCHES. GATES OF THE
SAME HATHRIAL AND HFJGLTT AS THE FENCE SHALL BE INSTALLED AT ALL POINTS
OF VEHICULAR OR PIWESTRIAL INGRESS AND EGRESS, SAID GATES SHALL BE
EQUIPPED WITH KSYAD LOCKS AND SHALL BE KEPT LACKED AT ALL TIMES WHEN
NOT IN REGULAR USE. SAID FENCES, GATES AND LACKS SHALL LMA MAINTAINED
IN GOOD CONDITION.
s, THAT STOCKS OR STOCKPILES OF MATERIALS USED FOR THE PRODUCTION OF
CONCRETE SHALL BE MAINTAINED OR CONFINED TO AOGRAGATE BINS.
l
C
,asolidated Rock Prod Company . Januarj 19, 1965
Land Use Variance Permit No. 64-104 Page 3
p, THAT NO ROCK CRUSHING PLANT OR OTHER APPARATUS FOR MANUFACTURE OF
MOCK, SAND OR GRAVEL SHALL BS PERMITTED ON THE PLANT SITE,
q, THAT THE MAXIMUM HEIGHT FOR ANT TYPE OF ON SITE EQUIPMENT SHALL NOT
EXCEED 45 FEET IN HEIGHT ABOVE TOP OF RAILRDAD LEM. COLOR OF
EQUIPMERT SHALL BE LIGHT GREY WITH TRADE SYMBOL PERMITTED.
r. THAT EVERGREEN VARIETY OF TREES NOT LESS THAN 10 FEET IN HEIGHT SHALL
BE PLANTED ON 3 SIDES OF THE PLANT SITE. (SITE EXCLUDED IS TTS WEST -
SIDE). FURTHER THAT DISTANCE BETWEEN THESE TRESS SHALL NOT EXCEED
15 FEET CENTERP,D AND THAT EVERGREEN VARIETY OF SHRUBS NOT LESS THAN
3Lj FEET IN HEIGHT SHALL BE PLANTED BETWEEN SAID TREES,
THAT INSURANCE IN THE AMOUNT OF $300,000 PUBLIC LIABILITY POOR PERSONAL
INJURY OF MORE THAN ONE PERSON, $100,000 FOR PERSONAL INJURY FOR ONLY
ONE PERSON AND $25,000 FOR PROPERTY DAMAGE BE PROCURED BY THE APPLICANT
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY AND THAT SAID INSURANCE
SHALL COVER ALL ACTIVITIES OF SAID OPERATION AND SMALL BE A PREREQUISIT
POR CITY LICENSE ISSUANCE AND RENEWAL. ALSO, THAT CITY BE NAM CO-
INSURED AND THAT QTY BE NOTIFIED IMMEDIATELY IF ANY LIABILITY OCCURS.
ot. THAT THIS VARIANCE IS GRANTED FOR A PERIOD OF 4 YEARS, AND AT WHICH .
TIME IT MAY BE MENDED FOR A PERIOD OF 2 YEARS BY COUNCIL ACTION.
DIFIWSVER, AT THE END OF THE 6 YEAR PERIOD, IT WILL BE REFERRED TO THR PLANNING COMISSION FOR A REVIEW AS TO THE COMPATIBILITY AND CONFORMITY
OF USE WITH THE SURRDUNDING AREA WITHIN WHICH THE USE IS LOCATED, THE
PLANNING COMMISSION SHALL FURNISH THE CITY COUNCIL A WRITTEN REPORT
OF ITS CONCLUSIONS AS AN AID TO COUNCIL CONSIDERATIONS.
u. VIOLATIONS OF ANY OF THE CONDITIONS IMPOSED ON THE APPLICANT, BY HIMSELF
OR HIS MWIAYERS, SHALL BE MADE A PART OF RECORD OF THIS VARIANCE AND
VIOLATIONS ARE OF SUFFICIENT NATURE TO WARRANT, THE CITY COUNCIL
THE RIGHT TO CANCEL SAID VARIANCE,
Yz,s,e�,�Po7ns ofpreceding Conditions a, and d. , which we have underlined for
ls, t .ether with Conditions c, and e. , SHALL BE SATISFIED AND NOTICE
THEREOF RECEIVED PROM THE CITY BEFORE YOUR LAND USE VARIANCE PERMIT MAY BE
ISSUED TO YOU.
Issuance of the Certificate of Use and Occupancy to contingent upon the satin-
factory compliance with all stated conditions.
Vary truly yours
F. G. MCLELLAN, JR.
Acting Director of
Building and Safety -
ALBERT B. NELSON
Land Use Administrator
I�BN� a
cc City of San Juan Capistrano
M E M O R A N D U M
September 14, 1972
TO: Honorable Mayor and City Council
FROM: Donald G. Weidner, City Manager
SUBJECT: Complaint on Conrock Late Night Activities
On Monday, September 11, I received a complaint from Mrs. Jo
Nichols who resides in the San Juan Mobilehome Park about
major repair activities at the Conrock batch plant on Paseo
Adelanto. Mrs. Nichols complained that some form of welding
was taking place as late as 11 :30 P. M. and the intermittent
pulsing light from the welding entered their bedroom window
preventing them from sleeping .
Being unable to verify this situation through the Sheriff' s
Department because there is no record of Mrs. Nichols ' call
to them, I contacted Mr. J. B. Lillywhite, manager for Conrock,
who investigated the incident . Mr. Lillywhite informed me that
the company had finally been successful in finding a rubberized
material to line their aggregate hopper in order to reduce plant
operation noise. A company maintenance crew was dispatched on
- Saturday afternoon to perform the work and ran into a series of
problems which caused them to work past midnight .
I informed Mr. Lillywhite that this was a glaring error of judg-
ment on the part of Conrock personnel in spite of their good
intents to reduce noise and as far as I was concerned it was a
clear violation of the conditions of their land use permit . Mr.
Lillywhite agreed and said that maintenance personnel have been
told that under no circumstances would a repeat of this incident
be allowed. I informed Mr . Lillywhite that , in my judgment , no
repair work should be allowed past 6 :00 P.M. without City per-
mission and under no circumstances would I expect permission to
be given past 9 :00 P.M.
This memo is submitted for Council ' s information and a copy will
be placed in the Conrock agreement file. If the City Council
feels additional action is required, we will comply with your
instructions. l
DONALD G. WEIDNER
DGW/ak
cc: Conrock
Mrs. Jo Nichols
1�; Yuan ,gaWjt(tWVrana
-8400 P,ASEO ADELANTO 1
SAN J N, APISTRANO- CALIFORNkA;92675
I" NE; 493Ii7Pl � C
ROY L. BYRNES, MAYOR y�3f,.n,D r DONALD G. WEIDNER
JAMES K. WEATHERS. MAYOR PRO-TEM TM3:i�`t�j1°y1g + ' ;` CITY MANAGER
EDWARD S. CHERMAK COUNCILMAN
JOSH GAMMELL. COUNCILMAN i
JAMES F. THORPE. COUNCILMAN December 26 , 1973 �•
Mr . J . B . Lillywhite
Manager - Public Relations
Consolidated Rock Products Company
2730 Alameda Street
Los Angeles , CA 90054
Dear Mr . Lillywhite :
Now that Conrock has removed its transit operation from Paseo
Adelanto , I would like to offer my personal appreciation to
you and the Company for the high amount of cooperation and
sensitivity shown to us during your operations . While there
were occasions where we were required to pass on complaints
concerning the operation to you , the important thing was the
quick and effective response Conrock gave to handling those
problems .
We recognize it is extremely difficult to maintain a high
production activity such as yours in a rapidly changing
environment Your patient cooperation with the City while
we attempted to accommodate various property owners ' needs
in our rapidly growing community is greatly appreciated .
Sincerely ,
CITY OF SAN JUANN CAAPISTRANO
DONALD G . WEIDNER
City Manager
DGW/ak
C�i •`fo>>>av► Yuun W+dpana
p37140D PASEO ADELANTO '
SAN J N ,CAPISTRANO, CALIFORNIA 92675
, 4tPHONE 493,1171' f
ROY L. BVRNES, MAYOR ��� <>�" `
DONALD G. WEIDNER
JAMES K. WEATHERS. MAYOR PROTEM '#`'R*5„�, T .r� CITY MANAGER
EDWARD S. CHERMAK COUNCILMAN ^'++a,K`a, ,,;;.n"
JOSH GAMMELL. COUNCILMAN
JAMES F. THORPE. COUNCILMAN
June 27 , 1973
Mr. J. B. Lillywhite
Manager , Public Relations
Consolidated Rock Products Company
2730 Alameda Street
Los Angeles, CA 90054
Dear Mr, Lillywhite:
I have observed over the past few weeks what seems to be an
excessive amount of "spills" from Conrock transit operations
on Paseo Adelanto . On one occasion last winter wet concrete
mix leaked from one of your transit trucks on Del Obispo
near the railroad crossing leaving an extremely messy and
dangerous condition for about 200 feet on our pavement . On
other occasions I have observed drying and pulverized concrete
at the intersections of Paseo Adelanto and Del Obispo, Del
Obispo and Camino Capistrano and Ortega Highway and the freeway
off ramps.
It cannot be proven in all cases that these spills are all
attributable to Conrock vehicles : however, it seems quite evi-
dent to me that there has been some reduction in Conrock' s
standards of preventive procedures which in the past prevented
these kinds of problems. With significantly increased traffic
on our major arteries and the imminent construction of road
improvements on Del Obispo, Camino Capistrano and Paseo Adelanto,
we would very much appreciate your personal attention to our
concern that Conrock operations at your transit plant may require
some tightening up, Your early response to our request will
assist us in solving a problem that otherwise may require stricter
ordinances and enforcement on our part .
Cordially,
CITY OF SAN JUAN /CARP/STRANO
DONALD G. WEIDNER
City Manager
DGW/ak
cc: City Council
Director of Public Works
M E M O R A N D U M
September 14, 1972
TO: Honorable Mayor and City Council
FROM: Donald G. Weidner, City Manager
SUBJECT: Complaint on Conrock Late Night Activities
On Monday, September 11, I received a complaint from Mrs. Jo
Nichols who resides in the San Juan Mobilehome Park about
major repair activities at the Conrock batch plant on Paseo
Adelanto. Mrs. Nichols complained that some form of welding
was taking place as late as 11:30 P.M. and the intermittent
pulsing light from the welding entered their bedroom window
preventing them from sleeping.
Being unable to verify this situation through the Sheriff ' s
Department because there is no record of Mrs. Nichols' call
to them, I contacted Mr. J. B. Lillywhite, manager for Conrock,
who investigated the incident . Mr. Lillywhite informed me that
the company had finally been successful in finding a rubberized
material to line their aggregate hopper in order to reduce plant
operation noise. A company maintenance crew was dispatched on
Saturday afternoon to perform the work and ran into a series of
problems which caused them to work past midnight .
I informed Mr. Lillywhite that this was a glaring error of judg-
ment on the part of Conrock personnel in spite of their good
intents to reduce noise and as far as I was concerned it was a
clear violation of the conditions of their land use permit. Mr .
Lillywhite agreed and said that maintenance personnel have been
told that under no circumstances would a repeat of this incident
be allowed. I informed Mr. Lillywhite that , in my judgment , no
repair work should be allowed past 6:00 P. M. without City per-
mission and under no circumstances would I expect permission to
be given past 9 :00 P.M.
This memo is submitted for Council ' s information and a copy will
be placed in the Conrock agreement file. If the City Council
feels additional action is required, we will comply with your
instructions.
DONALD G. WEIDNER
DGW/ak
cc : Conrock
Mrs. Jo Nichols
PASEp:ADELANYO
SAN JUA - I9TRAN O, CALIFORN VA i 2673
�'- NONE 493117JJ.
1776.1
THOMAS A. FORSTE R. MAYOR • (+ DONALD O. WEIDNER
WILLIAM A, SATHGATE, MAYOR PRO-TEM illy • CITY MANAGER
EDWARD S. CHERMAK. COUNCILMAN
MRS. ALICE M. ROSS
909H GAMMELL. COUNCILMAN ? TRFA•UR[R
a
JAMES F. THORPE. COUNCILMAN
April 7 , 1972
Mr. R. G. Johnson, Manager
San Juan Mobile Estates
32302 Alipaz
San Juan Capistrano, CA 92675
Dear Mr. Johnson:
This will acknowledge your April 3 request for a hearing on
the possible renewal of a Use Permit granted to the Consoli-
dated Rock Company operation located on Paseo Adelanto,
This permit expires June 10, 1972. Our Planning staff will be
taking any application which may be received from Consolidated
Rock Company to a Planning Commission informal work session
on April 25. These work sessions are unofficial meetings, and
it is at the Chairman's discretion whether the public can be
heard on any matter discussed at these sessions. Following
the work session, staff would place the topic on the Planning
Commission's May 2 agenda for a formal public hearing. At
this time the public would have a full opportunity to speak
on the renewed Use Permit if it is requested by Conrock.
Should an appeal be made on the Planning Commission's decision,
the City Council would have the matter placed on its May 8
agenda if there is time to give public notice. If we cannot
publish the public notice within the required time before that
meeting, Council would hear the appeal on May 22,
For your benefit , please keep in contact with either my office
or the Planning Department for any possible rescheduling of
dates. All of the above , of course, is dependent upon Conrock
making an application for a renewal of its Use Permit, which
at this time certainly seems a reasonable expectation,
Sincerely,
CITY OF SAN JUAN CAPISTRANO
DONALD G. WEIDNER
DGW/ak City Manager
cc: Planning Dept.
City Council
City Attorney
J. B. Lillywhite
•
April 3, 1972
Donald G. Weidner
City Administration
32400 Paseo Adelanto
San Juan Capistrano, California 92675
It is requested that an open hearing on the renewal of the Use Permit
for Consolidated Rock Company located on Paseo Adelanto be granted to
me (R. G. Johnson) on behalf of the residents of 32302 Alipaz Street
and the company to whom I am employed by.
Sincerely yo S,
d� ��
son, Manager
San an Mobile Estates
RGJ:ej
RECEIVED
APR - 61972
CITY of
SAN :UAP► CAPI STRAM0
,I.
J/
�400t Kam
PASEO�;ADELAN'1'� t
SAN JUA 'GPI IST RAN ; CALIFORNIA / 2675
CONE, 93-,1;17,161" •i
THOMAS A. FORSTER. MAYOR 1776 y DONALD G. WEIDNER
WILLIAM A. BATHGATE, MAYOR PRO-TEM y • CITY MANAGER
EDWARD S. CHERMAK. COUNCILMAN MRS. ALICE M. ROSS
JOSH GAMMELL, COUNCILMAN � ' TREASURER
JAMES F. THORPE, COUNCILMAN
July 30, 1971
Orange County Traffic Committee
400 Civic Center Drive West
Santa Ana, California 92701
Attention: Mr. Brent Muchow
Dear Sirs :
The San Juan Capistrano City Council has requested a traffic
survey on the Ortega Highway within our City limits in response
to the attached letter from ConsolidatedRock Products Company.
The survey is requested for the purpose o determining Vie----
adequacy of current traffic controls and speed limits in light
of apparent increases in traffic volumes on this narrow and
winding highway. Truck traffic in particular appears to be
increasing, and with the imminent Owens-Illinois sand mining
operation, additional large truck traffic is expected.
Realizing that the Ortega Highway is a state route, we are
sending a copy of this letter to Mr. James Bell, Division 7
of the State Highway Department. It is our hope that any
state interest in this matter can be coordinated through the
Orange County Traffic Committee. We will appreciate acknow-
ledgment of this request and notice of any results that may
be determined from the requested study.
Sincerely,
CITY OF SAN JUAN CAPISTRANO
Donald G. Weidner
City Manager
DGW/ak
Enc.
Cc: Mr, James Bell
�OaG�OC��
CONSOLIDATED ROCK PRODUCTS CO.
P.O.BOX 2950 TERMINAL ANNE(-LOS ANGELES,CALIF.90054
GENERAL OFFICES:2730 S.ALAMEDA STREET-(213)233-3111
July 16 , 1971
Mr. Donald G. Weidner
City Administrator
City of San Juan Capistrano
32400 Paseo Adlento
San Juan Capistrano, California 92675
Dear Mr. Weidner:
In the past few months , we have become aware of an increased
volume of truck traffic on Route 74, Ortega Highway, east of
San Juan Capistrano.
Inasmuch as a large part of this traffic is associated with our
business , we recently made a study of this problem. Our in-
vestigation revealed that there were very few instances of
excessive speed, that is, speed beyond the posted speed
limits. However, because of the nature of this road, winding
and narrow, we are wondering if the matter of speed limits
should be reviewed.
Inasmuch as a portion of this route lies within the City limits,
we are bringing this matter to your attention. We are also
hopeful that the influence of the City could be helpful in
having the California Division of Highways review this matter.
While time is an important element in our business, we are
vitally concerned with the safety factor.
Very sincerely,
S RL��1��4
JUL 1q71 J. B. Lillyw ite,
JBL:mr b CITT °PSTaa59,' y� anager Public Relations
SAX 3e0gR91A
READY MIXED CONCRETE ROCK AND SAND SACK CEMENT- KILN DRIED ROOFING GRAVEL BLASTING SANDS LIGHT WEIGHT CONCRETE
4. 1 - 1 . 16
San Juan Capistrano, California
April 28, 1971
To The Honorable City Council
City of San Juan Capistrano, California
Gentlemen:
S
We wish to call to your attention a situat%on existing in our
neighborhood which we believe should be corrected. ;
We are residents of San Juan Mobile Estates and our homes are
situated along the flood control channel. When we s1lected our lots we
were unaware that the cement mixing operation on thexother side of the
channel was to be active.
The company begins its activities most mornings between 5:30 and
6:00 o'clock. It is very noisy and of course makes sleep impossible.
This is not only unpleasant but has become a health azaxd. We are in
sympathy with business enterprise but we believe it s only fair that such
an operation be conducted during normal working hour#.
It is our understanding that the companyy's;permit is soon to be
reviewed by the City Council and either renewed or refused. May we suggest
that some stipulation be made that they begin their Operations at a later
hour of the day or take some steps to eliminate at least a portion of the
noise, or both.
We assure you that we will be most grateful for your consideration
and cooperation in handling a problem which has become very serious to us.
Respectfully,
46
77Y717f 1
t10
AMR------- ... .. . . . . ... i +.
iM 13AN
y
00
SAN JU Pf �AIIy
F� - 92575
f"J Inv we
Tar ' ,uset
THOMAS A. FO RSTER, MAYOR • 1776 , • DONALD O. WEIDN ER
WILLIAM A. SATHOATE, MAYOR PRO-TEM Cl" ADMINI•TIUTOR
EDWARD S. CHERMAK. COUNCILMAN MRS. ALICE M. ROSS
JOSH OAMMELL, COUNCILMAN TREASURER
JAMES F. THORPE. COUNCILMAN
May 7, 1971
Mr. & Mrs. Nelson A. Watts
32302 Alipaz Street - Sp. 22
San Juan Capistrano, California 92675
Dear Mr. & Mrs. Watts :
Your letter to the City Council concerning the early morning
activities of Consolidated Rock Company's batch plant on Paseo
Adelanto has been received and is being investigated by staff.
While the letter arrived too late to be placed on Council's
May 10 agenda, we plan to bring it to their attention at the
regular meeting of May 24.
For your information we are enclosing a copy of the June 24,
1970 land use permit authorizing Conrock's operations on Paseo
Adelanto and outlining the restrictions and controls thereon.
You will see that item 6 of this permit establishes the normal
operating period as 6:00 a.m, to 6:00 p.m. Monday through Fridays.
Your letter indicates that the Company begins activities most
mornings between 5:30 and 6:00. If this is the case, the Company
is in violation of its permit. We have recently communicated with
Conrock concerning the matter of early morning activities and en-
close their April 27 answer to us which assures that operating
hours will be strictly held to the 6:00 a.m.-6:00 p.m, requirement.
By copy of this letter we will notify Conrock of your complaint
and ask that operations at their site be checked again. Any
violation of their land use regulations can cause cancellation
of the permit by the City Council .
If you wish to be present at the May 24 Council meeting when this
matter is brought before Council, please feel free to do so. A
phone call to our office on the Friday prior to that meeting date
will confirm for you that this item is definitely on the agenda.
Sincerely,
CITY OF SAN JUAN CAPISTRANO
DGW/ak Donald G. Weidner
cc: City Council City Administrator
Conrock
Director of Planning
City Attorney
6I, R 6 P
SAN JU N PpI67A.�1 X11 o aaeTa
4�"1s lira 14t1
THOMAS A. FORSTER. MAYOR 1776 � DONALD O. WEIDN ER
WILLIAM A. SATHOATE, MAYOR PRO•TEM CITY ADMINISTRATOR
EDWARD S. CHERMAK, COUNCILMAN • MRS. ALICE M. ROES
JOSH OAMMELL, COUNCILMAN �'N�'N�� TRGSYRSR
JAMES P. THORPE. COUNCILMAN
May 7, 1971
Mr. & Mrs . Joe Nichols
32302 Alipaz Street - Sp. 23
San Juan Capistrano, California 92675
Dear Mr, & Mrs. Nichols :
Your letter to the City Council concerning the early morning
activities of Consolidated Rock Company's batch plant on Paseo
Adelanto has been received and is being investigated by staff.
While the letter arrived too late to be placed on Council' s
May 10 agenda, we plan to bring it to their attention at the
regular meeting of May 24.
For your information we are enclosing a copy of the June 24,
1970 land use permit authorizing Conrock's operations on Paseo
Adelanto and outlining the restrictions and controls thereon.
You will see that item 6 of this permit establishes the normal
operating period as 6:00 a.m. to 6:00 p.m. Monday through Fridays.
Your letter indicates that the Company begins activities most
mornings between 5:30 and 6:00. If this is the case, the Company
is in violation of its permit. We have recently communicated with
Conrock concerning the matter of early morning activities and en-
close their April 27 answer to us which assures that operating
hours will be strictly held to the 6:00 a.m.-6:00 p.m, requirement.
By copy of this letter we will notify Conrock of your complaint
and ask that operations at their site be checked again. Any
violation of their land use regulations can cause cancellation
of the permit by the City Council.
If you wish to be present at the May 24 Council meeting when this
matter is brought before Council, please feel free to do so. A
phone call to our office on the Friday prior to that meeting date
will confirm for you that this item is definitely on the agenda.
Sincerely,
CITY OF SAN JUAN CAPISTRANO
DGW/ak Donald G. Weidner
cc: City Council City Administrator
Conrock
Director of Planning
City Attorney
•
CONSOLIDATED ROCK PRODUCTS CO.
P.O.BOX 2950 TERMINAL ANNEX,LOS ANGELES,CALIF.90054
GENERAL OFFICES:2730 S.ALAMEDA STREET-(213)2333111
April 27, 1971
Mr. Robert K. Johns
Director of Planning
City of San Juan Capistrano
San Juan Capistrano, California 92675
Dear Mr. Johns:
Re: LUP 70-113
This is in answer to your letter of April 22nd, in regard to
complaints your office has received concerning hours of
operation of our batch-plant on Del Obispo Street.
After careful investigation of the plant records, I find two
occasions when the plant started operating before 6:00 a.m.
One on March 17, 1971 , and one on March 18, 1971.
Dispatch tickets are stamped with an electric time clock,
and on these two occasions the time recorded was 5:52
and 5:53 a.m. respectively.
We have reviewed this matter with the plant operator, and
we can assure you that there will be no recurrence.
Thank you for bringing this matter to our attention.
Very truly yours,
.
B L 1l hite/
BL•mr Mana er Public Relations R E C E I V E 0J g ,
13Y...................................................
APR 2 91971
CITY OP
SAN JUAN CAPISTRANO
READY MIXED CONCRETE ROCK AND SAND SACK CEMENT KILN DRIED ROOFING GRAVEL BLASTING SANDS LIGHTWEIGHT CONCRETE
I
F. G. MCLELLAN, JR.
` U c DIRECTOR N
TO V r BUILDING AND SAFETY
i
400 WEST EIGHTH STREET
SANTA ANA, CALIFORNIA 92701
RANG E
TELEPHONE: 54].054]
AREA CODE ]14
' DEPARTMENT OF BUILDING AND SAFETY
June 24, 1970
Consolid ed Rock Products Co. it Ie
P. 0. x 29 - 0 r
Te aI A ex
Ange a, California 90054
Gentlemen:
The City of San Juan Capistrano Planning Commission at a regular
meeting, held May 21, 1970/authorized your application for Land
Use Permit No. LUP 70-113 SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT THE APPL•TCANT D DI AT THAT PORTION OF SUBJECT PROPERTY
FRONTING ON DEL OBISPO TO THE CITY AND THAT APPLICANT SHALL
INSTALL STREET IMPROVEMENTS IN ACCORDANCE WITH CITY STANDARDS.
2. THAT THE RIGHT TO ENTER UPON THE PREMISES AND TRAVEL ON LENGTH
OF THE ACCESS ROAD SHALL BE GRANTED TO THE CITY BY DOCUMENT,
THE FORM OF WHICH SHALL BE APPROVED BY THE CITY ATTORNEY.
3. THAT THE ROUTING PLAN AS PREVIOUSLY APPROVED BY CITY COUNCIL:,
DEL OBISPO AND ORTEGA HIGHWAY TO FREEWAY INTERCHANGE, IS
ACCEPTABLE. FUTURE CHANGE TO THIS APPROVED ROUTE SHALL BE
AT DISCRETION OF THE CITY COUNCIL.
4. THAT ALL TRAFFIC CIRCULATION ROUTES AND PARKING AREAS ON THE
PLANT SITE SHALL BE OILED OR HARD-SURFACED AND MAINTAINED AS
TO PREVENT THE CREATION OF DUST WITHIN THE SITE.
S. THAT ALL OFF-STREET PARKING FOR TRUCKS, EQUIPMENT AND EMPLOYEES
CARS SHALL BE PROVIDED ON THE PLANT SITE.
6. THAT OPERATIONS SHALL BE FROM 6:00 A.M. TO 6:00 P.M. MONDAYS
THROUGH FRIDAYS ONLY, AND OPERATIONS ON NATIONAL AND STATE
HOLIDAYS WILL BE AT THE DISCRETION OF THE CITY ADMINISTRATOR.
EXCEPTIONS TO THE ABOVE ARE WHEN:
1. WORK REQUIRED BY PUBLIC AUTHORITIES.
2. WORK REQUIRES A CONTINUOUS POUR OF CONCRETE AND HAS
BEEN APPROVED BY THE CITY ADMINISTRATOR.
Consolidated Rock Products Co. June 24, 1970
Land Use Permit No. LUP 70-113 Page 2
3. WORK DUE TO PUBLIC EMERGENCIES.
4. NECESSARY AND REASONABLE REPAIRS TO THE EQUIPMENT ARE
REQUIRED, TRANSPORTATION VEHICLES NOT INCLUDED.
7. THAT ALL EQUIPMENT AND PREMISES FOR THE USE SHALL BE CONSTRUCTED,
MAINTAINED AND OPERATED IN SUCH A MANNER, AS FAR AS REASONABLE
PRACTICABLE, AS TO ELIMINATE NOISE AND VIBRATION WHICH IS
INJURIOUS OR ANNOYING TO PERSONS LIVING IN THE VICINITY.
INTERNAL COMBUSTION ENGINES SHALL BE EQUIPPED AT ALL TIMES
WITH EXHAUST MUFFLERS IN GOOD WORKING CONDITION TO CONTROL
EXCESSIVE OR UNUSUAL NOISES.
S. THAT ALL OPERATIONS SHALL BE CONDUCTED IN COMPLIANCE WITH ALL
THE REQUIREMENTS OF THE ORANGE COUNTY AIR POLLUTION CONTROL
DISTRICT.
9. THAT THE EXISTING FENCE, GATES AND LOCKS SHALL BE MAINTAINED
IN GOOD CONDITION AND THE GATES EQUIPPED WITH KEYED LOCKS
SHALL BE LOCKED AT ALL TIMES WHEN NOT IN REGULAR USE.
10. THAT STOCKS OR STOCKPILES OF MATERIALS USED FOR THE PRODUCTION
OF CONCRETE SHALL BE MAINTAINED OR CONFINED TO AGGREGATE BINS.
D11. THAT NO ROCK CRUSHING PLANT OR OTHER APPARATUS FOR MANUFACTURE
OF ROCK, SAND OR GRAVEL SHALL BE PERMITTED ON THE PLANT SITE.
12. THAT THE MAXIMUM HEIGHT FOR ANY TYPE OF ON-SITE EQUIPMENT SHALL
NOT EXCEED 45 FEET IN HEIGHT ABOVE TOP OF RAILROAD LEVEL. COLOR
OF EQUIPMENT SHALL BE LIGHT GREY WITH TRADE SYMBOL PERMITTED.
13. THAT THE EVERGREEN VARIETY OF TREES AND SHRUBS NOW EXISTING
SHALL BE MAINTAINED TO FURTHER ENHANCE THE SITE.
14. THAT INSURANCE IN THE AMOUNT OF $300,000 PUBLIC LIABILITY FOR
PERSONAL INJURY OF MORE THAN ONE PERSON, $100,000 FOR PERSONAL
INJURY FOR ONLY ONE PERSON AND $25,000 FOR PROPERTY DAMAGE BE
PROCURED BY THE APPLICANT, PRIOR TO ISSUANCE OF CERTIFICATE OF
OCCUPANCY AND THAT SAID INSURANCE SHALL COVER ALL ACTIVITIES
OF SAID OPERATION AND SHALL BE A PRE-REQUISITE FOR CITY LICENSE
AND RENEWAL. ALSO, THAT CITY SHALL BE NAMED CO-INSURF,D AND
THAT CITY BE NOTIFIED IMMEDIATELY IF ANY LIABILITY OCCURS.
15. THAT THIS PERMIT IS GRANTED FOR A PERIOD OF TWO YEARS, AND AT
WHICH TIME IT MAY BE EXTENDED FOR A PERIOD OF TWO YEARS BY
PLANNING COMMISSION ACTION. IT WILL BE REFERRED TO THE PLANNING
COMMISSION AT THE END OF TWO YEARS FOR A REVIEW AS TO THE COM-
PATABILITY AND CONFORMITY OF USE WITH THE SURROUNDING AREA WITHIN
WHICH THE USE IS LOCATED.
1
Consolidated Rock Products Co. June 24, 1970
Land Use Permit No. LUP 70-113 Page 3
16. VIOLATIONS OF ANY OF THE CONDITIONS IMPOSED ON THE APPLICANT,
BY HIMSELF OR HIS EMPLOYEES, SHALL BE MADE A PART OF RECORD
OF THIS VARIANCE AND IF VIOLATIONS ARE OF SUFFICIENT NATURE
TO WARRANT, THE CITY COUNCIL SHALL HAVE THE RIGHT TO CANCEL
SAID VARIANCE PER RECOMMENDATION OF THE PLANNING COMMISSION.
The portion of Condition No. 1 which is underlined, SHALL BE SATISFIED
AND NOTICE RECEIVED FROM THE CITY BEFORE YOUR LAND USE PERMIT MAY BE
ISSUED TO YOU. The balance of the conditions of approval shall be
fulfilled as soon thereafter as possible.
Very truly yours,
J. W. WOLFE
Chief, Land Use Division
RWW/jl
V4"C: City of San Juan Capistrano
D
1. CO _
a uan Capistrano 2. CASE NO. 369/334
\, • SHERIFF'S DEPARTMENT
�"'; - • - ORANGE COUNTY is 3. JE2 INITIAL NONCRIMINAL
SANTA ANA, CALIFORNIA 3, FOLLOW-UP CRIMINAL
S. CONTINUATION PAGE NO.
JAMES A. MUSICK, SHERIFF-CORONER FOLLOW-UP REPORT
9. OFFENSE T. LOCATION OF OCCURRENCE
Information Report 32302 Alinaz , Space #23 SJC
1KYAWXhKINFORMANT 9. DATE OF OCCURRENCE 19. GRID
NICHOLS , Glenn Franklyn Age : 68 Sat . 9-9-72 2330 hours 58. 5
11. DETAILS OF INCIDENT:
Assigned officer contacted the informant who stated that on Saturday
night , 9-9-72 , at approximately 2330 hours he was awakened by the noise of
machinery running and flashing lights . Investigation by the informant showed
that the noise and lights were coming from repair work being performed on the
Conn Rock Batch Plant Tower located immediately across the Flood Control
Channel from the rear of their residence . This tower is located on Paseo
Adelanto .
The informant called the City Manager*and was informed that a report
would have to be made to the OCSO of the incident before any action could
be taken. The informant states no such activity has taken place during_ the
night hours since the date of this last incident .
Assigned officer contacted Mr. HASTINGS , the plant manager of the Conn
P.acl: ^lant w1c stated that a special crew had in fact been working in the
machinery Saturday night but as it was a nighttime thing no further night
maintenance work was being contemplated at this time . No further action by
the assigned officer,
FOR CITY COUNCIL08
Nd
IA.
2. INVESTIGATING OFFICERS REPORT BY 13. DATE OF REPORT RO VED -
HENDRICKSON T HENDRICK SON T g ! 7
S F9339-96
>h
toe.; is Ual es Times - 7/1/72
Residential Noise Ban
Voted by L.A. Council
Ordinance Prohibits ,
Squnds Which May
Disturb Neighbors
BY ERWIN BAKER
Times City Brea"Chief
An ordinance banning "unneces-
sary,excessive and annoying" noises
in residential neighborhoods was
given final approval by the Los An-
geles City Council Friday.
The 9,5 vote ended more than a
year of controversy.
It followed rejection, by a tie vote,
of a motion to send the measure to
the city administrative officer for a
cost and enforcement study.
Asst. City Atty. Robert B. Burns
told the council the primary thrust
of the ordinance was to assure suffi-
cient quiet in residential zones so
that "people can sleep and carry on
normal conversations."
Generally, the ordinance prohibits
any "loud, unnecessary and unusual
noise which disturbs the peace or
quiet of any neighborhood or causes
discomfort and/or annoyance to any
reasonable person of normal sensi-
tiveness residing in the area."
Some to Be Excluded
Excluded, to avoid conflict with
state a n d f e d e r a l preemptions,
would"be aircraft, trains, motor ve-
hicles,tow tractors and aircraft sox-
ilia units.
Violations would be misdemea-
nors. Convictions could result in a
six-mouth jail term or $4500 fine or
both.
Councilman Arthur K. Snyder, the
measure's author,predicted it would
reduce noise levels by a "potential
50%."
He said it would protect residents
against "blaring nighttime ampli-
/fiers, early morning clanging of
f trash cans, arm .ne mac 'n.e-.,
i_se�_ r�d sue r1—general noises as are
helcLto be detrimental to the health
\and welfare of the people."
They include, he said noise made
by radios and television sets, air con-
ditioning, refrigeration, heating,
pumping and filtering equipment;
construction work, rubbish and gar-
bage collection; vehicle repairs and
operation and amplifying and sound
equipthent.
Three Types of Controls
Noise levels will be restricted by -
three;types of controls: a limit on
the number of decibels from station-
ary sources, a limit on designated
t pf noises to certain hours and
z land an outright ban on 'any
no held to be "loud, unnecessary
orx�tutsual" which disturbs the
neighborhood.
Enfrweement will be carried out
primarily by the Building and Safe-
ty Department, but also by the Po-
line Denart.ment if mv.essarv.
f
FOR Cnfq COUNCIL
I
i>� I
To the Members of the City Council
of San Juan Capistrano.
This action of the members of the Los AngeTZ' 'I'tq"Cali iNpA
is an example of what responsible city officials do, who are
concerned for the health and comfort of the city's residents.
The problem of Conroe was so simple to solve, compared with
the complex problems of a large city. All that was required was
the willingness to support the recommendation of the Planning
Commission and to understand that the nearby residents had a very
real basis for complaint, otherwise they would surely not have
taken the time and trouble to present their views to the Council.
Conroe simply denied everything and apparently the members of the
Council did not have the moral responsibility to oppose a large and
powerful compaxiy.
We do not wish suffering and discomfort on anyone but we might
wish that some time each of you will experience a situation that
will call for understanding and compassion at a time of your lives
when all you ask is a chance to spend your final years in reasonable
comfort and dignity. J. Nichols
{
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dtlkl
More Time
InSan Juan
SAN JUAN CAPWRANG- The city
council partially overruled the,planning
commission Monday night by Allowing a
concrete plant to remain in the city for
the unit two gears.
Acting ou an appeal by the Consolidated
Rock Company (Conrock), the council
dedded td allow the firm to remain at its
present site near city hall ionpr than the
nine moms granted by the onmad tion..
However,at the end of the new twolar
extension of the load use.pbr*At,ComWA *;
must ease its Operation attbe.plant. '
The Planning commission,rdow to
renew the two-year extension last month '
atter several Members of a nearby A
mobilebome park issued complaints. The
residents objected.to what they termed
excessive, noise;.dust and,the general
unsightliness of the plats.
The coumdsdon finally dadded that the
plant *aa incompatible with the
surnassdrng'lad limns the sheet term
extedsim which would have ended the
plant's carrpgtoperations innine xhoaths.
In relating dwMabdeborne residents'
claims,a Omrock spok smah denied an
of tiheallegatons.
John Hollerts, a planning and moisg
JORM; for Conrock, said Ike plant is
a benefit to the community,
bddsdng the economy dng she
of the preblems chs Ida residents.
Robertlr said the(leeway awtherailroad
cause more anise,that no air pollution is
caused by the Plant, act that it is
definitely coMpptl6te with adjacent land
u TW
eC T aathe
ne "ISCI104
thof the park, ailerated their
compIplats'Wore the council last night.
Codnalmaa.Jo¢h Gammel movgd that
the t time perind.poald Ile fair to
gr#nt appdmw should ev for a
new.dteTb
Upon tbe,ougRodon by Cope dlman Fd
Cbermsk, the *atioe, was &man" to
avPelaie that at Use end of two years
P Would casai s ^"at*
a
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