12/08/1997 - Laserfiche WebLink

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Motion to recommend that the City Council deny General Plan Amendment No. 97-02 and Amendment Motion to recommend that the City Council deny General Plan Amendment No. 97-02 and Amendment Application No. 97-03 and uphold present zoning. MOTION: Doughty SECOND: Verino AYES: Oliver, Doughty, Verino, Hanna, and Solorio NOES: MacDowell ABSENT: None ABSTAIN: Nalle 3. CONDITIONAL USE PERMIT NO. 96-32 (Case remanded back to Planning Commission by City Council October 6, 1997) Filed by the City of Santa Ana to revoke Conditional Use Permit No. 96-32 for a rock crushing and material storage facility located at 4127 West MacArthur Boulevard. LEGALLY NOTICED: November 23, 1997 PUBLICLY NOTICED: November 25, 1997 RECOMMENDATION: Adopt a resolution reconsidering the revocation of Conditional Use Permit No. 96-32. 2. Adopt a resolution modifying the conditions of approval. Mr. Kenneth Adams, Planning Manager, informed the Commission that per the City Attorney's advise and due to substantial compliance of the conditions of approval, the City Council had remanded Conditional Use Permit No. 96-32 to Planning Commission for reconsideration of the revocation action taken on September 8, 1997. In addition, Mr. Adams requested that the Commission take two actions based upon each staff recommendation. Ms. Tamar Stein, Attorney representing the applicant, indicated that the applicant was not in objection to revocation consideration, however the applicant requested that the Commission modify ' the condition related to the one-fourth inch or greater size gravel to be installed on MacArthur Boulevard. Ms. Pam Lucado, Public Works Agency, indicated that she had just been informed of the applicant's request; that she had not prepared to debate the gravel size issue; and that staff required the one- fourth inch size gravel to prevent dirt and dust being transported on MacArthur Boulevazd. Mr. Adams requested that the Commission take action on the matters above, but recommended that the Commission require the applicant to resolve the gravel size issue with the Public Works Executive Director. However, if the matter was not settled amongst the Public Works Agency and the applicant, the matter would be brought before the Planning Commission once again for discretionary action. Motion to adopt a resolution reconsidering the revocation of Conditional Use Permit Na. 96-32. MOTION: Doughty SECOND: Oliver AYES: Nalle, Oliver, Doughty, Verino, Hanna, MacDowell, and Solorio NOES: None ABSENT: None In addition, Mr. Adams informed the Commission and the applicant that staff had determined if there continued to be problems with the applicant complying with the conditions of approval, the City Attorney would rectify the problems through legal action. Motion to adopt a resolution modifying the cotulition of approval with the revision that the title industrial hygienist be revised to include Certified Asbestos Consultant. MOTION: Hanna SECOND: Doughty Commissioner Oliver requested that a sentence in the condition be further modified to say "If the Certified Asbestos Consultant finds suspect material, then the scope of the work to be undertaken at the expense of the applicant will include the sampling of concrete material for asbestos". PLANNING WMMISSION MINUTES S DECGMBER 8, 1997