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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 I 4 r— Q 1 51 Date: July 3 , 1972 By SXNG/gy6 Mayor 61' 7 ' ATTEST: i 8i 9 City Clerk 10 11 CONROCK CO. 12 �� 13 14 Date : SEP 1 1972 �eao� By PR 15 I si uae /1 �/ 16 1 APPR06FD - CRETA_:Y C. R. M R. B 171 18 19 20 21 22 23 24 25 26 27 28i 29 30I 31 32 Ill �U�JlN��W 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 { 0 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 4N"