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HomeMy WebLinkAboutConditional Use Permit 85-21 - Cotter's Tree Service, Inc - (11) Aultlprrtea to 4ub►,An Ap.Nl,NRVAP11 Of h01 IftOV01I p�,DrK AOlice1 b► :'leLIN 01 the SuDe''pr C. o1 O'a^ve O AIV Ce►.lorn,r. Nunn per A 6414 OSI60 19 SOP1embil0r '961 OnO /7 A•?yea 1 deloa ' l JuM1 1963 STATE OF CALIi ORNIAco County of Otange 6a.rrY r�.Ww 1 im a Cltrien Of the United States and a resident o1 the C ounly aforesaid 1 am over IMe age of ligh"n V60S 1 years and not a party to or lnterestud in the below entitled matt!r I am a principal tier~ of the Orange Coast GAILY PILOT with which 1s combined the NEWS-PRESS a newspaver of general circulation printed ana puollshea in Ine C►ly of Cosla Mess Count,, of Grange Slate of California and that a Notice of PUBLIC I(EARIt:G of ..hrcn cop. at�acnea met etc is a true and complete copy eras p►►rted and published In the! CoSla Mesa r Newport Beach Hunt►ngfon Beach Fountain valley ' Irvine the South Coast communities and Laguna Beach ;ssues 3t saic newspaper for ��t?•__ t�i n?• Consecutive weeks to *it the lssudlsl of .,u n '99 198 I declare. under penalty of perjury, that the foregoing Is true and Correct. 5 e Executed on _ Jun , 198 -` `if M -alf ornta Signature PIWW OF ►uaXAT" 0 CITY OF HUNTINLs -t-ON BEACH 2tit70 MAIN STREET CALIFORNIA 9?646 Of'FICE OF THE CITY CLERK Jure 18, 1936 Larry Rothman , Attorney at �.aw 14140 Beach Blvd , a106 Westminster, CA 92623 The City Council of trip Ci %y of Huntington Beach at its regular meeting held .rune 16 , 1986 referred your appeal to the Planning Ccxrmission' s revocation of Conditional Use Permit 4o. 85-21 back to the planning Commission for a status report regarding co+rol iance o' conditions ,nd piss isle r,einstater►ent of CUP . if You have any auesti on! , oleace con* ict the 2evelop+renr Services Office at 536-5276 . Alicia M. Wentworth City Clerk AMW: bt CC : Sonny Cotter 10662 Court Str-:et Stanton , CA 901.::0 n 1~ I REOUE� i' FOR CITY COUNCI�I��TI�N Dots .rune 16 , 1986 Honorable Mayor and City Counc , 1 SubtrNttrd to. - SubfWttedby: Charles W. Thompson , City Administrator oe PiWo by: James W. Paling Director , Development Service s APPFAI. ;0 THE PLANNING COMMISS'JON' S REVOCATION OF t. CONDITIONAL USE PERMIT NO . 8::- 21 I Consistent with Coamal Policy? Pq Yat I 1 New Policy or Exception Sutanwnt o1 law, RwAmmemis ion, Anslyas, Fundinq Soura . Alternrtive Actions, Attachmmu: j S'Tlt'I'EMENT OF ISSUE : : � Transmitted for r,onsiderat . a on an appeal to the Planning Commission ' s revocation of Conditional Use Permit No . 85- 21 for failure to comply with the conditions of approval . The appellant , Larry Rothman , Attorney at Law, indicates in the attached letter of appeal that Cotter ' s Tree Service has exerted every effort to comply with the City ' s ordinances with regards to this business . Mr . Rothman also indicates that Cotter ' s Tree ServicA was attempting, in good faith , to comply with the City ' :. requests to comP17 with the conditions of approval in the most expeditious manner possible . RECOMMENDATION: The Planning Conmis:, ion recommends; that the City Council sustain the action of the Plannina Commission and up:told the revocation of Conditional Use Permit No . 35-21 . Planning Commission action on ?"f; 6 , 1Q86 : Oil MOTION BY MIPJAHANGIR , AND SECOND BY POPTER , CONDITIONAL USE PERMIT NO. 05- 21 WAS REVOKFD BY THE FOI•LOWING VOTE. AND FINDINGS: AYES : Porter , Mirjaha!igir , Rowe , Winchell , Schumacher , Livengood NOES : ?:one ABSENT: Erskine tout of room ) ABSTAIN: done FINDINGS FOR REVOCATION - CO"IDITIONAL USE. PERMIT NO.85-211 : 1 . Since the approval of Conditional Use Permit No. 85-21 , on August 20 , 1985 ( 8 months ago ) , the applicant has not shown good faith in complying with the conditions of approval within a reasonable amount of timre . Non-compliance with the conditions of epproval has created an unsafe situation which could result in property damage due to fire. �f� 2 . The applicant has failed to comply with two conditions of approval , as outlined Jn this reivurt , within a reasonable amount of time , thus failing to fulfill his obligations under the approval of Conditional Use Permit_ No . 85-21 . a . The fence screening has been installed , however , a number of gaps in the screening still exist . 1 I b . The water tanks have been installed but without the availability of water , the danger of fire still exists . Staff recommends t`;at the City Council refer this item back to the Planning Commission for a status report regarding compliance or the corlditiona of approval and possible rc Instatement of the conditional use permit . ANALYSIS : Conditional Use Permit No . 85-21 , a request to permit the storage and grinding of wooed products ( mulching operation ) was approved by the Planning Commission on August 20 , 1985 . Since the approval of Conditional Use permit uo . 85-21 , the applicant has failed to comply with as mary as nine conditions of approval . Due to the applicant ' .-, failure to co+ nply with the conditions of approval within a reason3651C time period , Conditional Us.t Permil. No . 85- 21 was referred to the Planning Commission on April 1 , 1986 . for posible revocation . At this meeting , a motion was made by Frr,:: ine , second by Porter , to continue Conditional Use Permit to the Xpril 15 , 1986 , Planning Commission meeting to allow the applicant an opportunity to comply with the conditions of approval , and to reconsider revocation at that time . � On April 15 , 1986 , the Planning Commission reopened the public hearing on the :evocat : on of Condit 'lonal Usr Permit No . 95-21 , Tie staff reported that the applicant had made a good faith effort _ n complying with the majority of the conditions , however as of April 15 , 1986 , the applicant still had not supplied water to the site as required by the condition:: of approval . The staff also reported to the Commission that the applicant had screened the perimeter fence , lowered the hE%ioht of the mulch piles and f i re lanes had been c r Bated between the mu l ch pi l es as rt►qu i r t-u by the conditions of approval . lifter lengthy discussion , the Commission continued this item unt!I the May 6 , 1986 meeting . If , at that Lime , the remaining violat.iona were not corrected, revocation of Conditional Use Permit No . 85-21 would again be considered. RCA -- 6/16/86 -2- (3342d ) c i On May 61 1981 , the Commission once again reopened the public hearing on the revocation. of Conditional Use Permit No . 85-21 . At this time , the Commissioners inquired If the Installation of the water tanks had been completed . The staff reported to the Commission that the water tanks were on the site, but were not operational . A motion was made tc . .;voke Conditional Use Permit No . 85-21 with findings . The motic ; passed . On June 31 1986 , at the applicant ' s request , the Fire Department re-tested the applicant 's an-site water system ( two 8 ,000 gallon tanks) to determine their effectiveness . At this time, it was determined by the Fire Department that the two 8 ,000 gallon tanks were operational and provided sufficient water supply for a land use of thiF type . FUNDING SOURCE: Not applicable . ALTERNATIVE ACTION: 1 . Re:er this item hack to the :Manning Commission for a statue report from staff and additional input from the applicant regarding the fulfillment of the conditions of approval and possible re-- instatement of the conditional use permit . 2 . Overturn the action of the Planning Commission and reinstate Conditional Use Permit No. 85- 21 , with the following added condition of approval : Review of the use and conditions of approval shall he performed by staff 9C days from June 171 1986 , to determine if any violations of Conditional Use ermit have occurred . Violations of the conditions of approval shall be referred to the Planning Commission for revocation of the conditional use permit . ATTACHNENTS 1 . t.etter of appeal dated May 13 , 1986 2 . Letter from Sonny Cotter , Cotter ' s Tree Service , received and dated June 21 1986 3 . Staff Report dated May 6 , 1986 4 . Staff Report dated August 20 , 1985 5 . Minut.i from the April 1 , 1986, April 15 , May 6 , 1984 and Auatist 20, 1985 Planning Commission meeting JWP:MS:kla i RCA - 6/16/86 -3- ( 5342d ; 1 �- LAW OFFICES OF !� Wow ROTwAAN 1 � MMDO � �.: tl-AL •• dU .. l A.1 1.�� CALIFORNIA GIf •.� .• w'!lTMIA1T':Il Ca OlISA] �t/rtgh[C w1y1 ��-�i]* .te..U•. ,• ♦, ►.V'+ r n nn••+ed tiMoc �•� eou«�s. IrQr[(Of wCMMCD• Esc ►. oupaf May 13 , 1 S86 fi«thCt L CAI090 City Planner Ci ty Mall CIS 2000 Main Street Huntington Beach , California Attn : Michael Strange Re : Cotter ' s Tree Service , Inc . C . U .P . 0 85-21 Revocation • 5/6 /86 Dear Mr , Strange : This office has been retained by Cotter ' s Tree Service , Inc . ( hereinafter referred to as " Cotter ' s " ) regdrding the above referenced-matter . Cotter' s has been exerting every effort to comply with the City ' s irdlnances regarding the premises at the corner of Ellis and Edwards , Huntington Beach , California . On or about May 6 , 1986 . an inspector visited the site and revoked Cotter ' s Permit . Cotter ' s had completed the elevation of one stowage ( 1 ) tank and other one was near completion ( and has now been completed ) at the time of said inspection . My client , in good faith , was attempting to comply with the laity ' s requests in the most expeditious manner possible . It is hereby requested that CUP 085 -21 be reinstated on behalf of Cotter ' s Tree Service , Inc . Your kind assistance in the reinstatement of the above- referenced permit will be greatly appreciated . Very truly yours , LARRY ROTHMAN Attorney At Law L.A : dy cc : client Cotr's Free Service, Inc. j 10662 COURt ST PO BOX 113 STANTON. rVJFO"IA 9%W Pf+ONE 527.3500 Mi.chatt StAange tidy 300 1986 Ptanning VepdA then t City 06 HwiZington Beach P.D. Box 190 Huntington Beach.Ca. 9*648 1n ugittds to the 6ottmapig ;Ccndttto,tn.t We Pe.%mCt No. 95-21 would you lecwe .schedute owt .tece►it Appeal of the above on y out. next meeting date ` 06; Jute 1601. 1986. I r Tha►tk i,ig You. t i HUKT'{MaTON YEArCH ' OMLOPMENt SERVICES P. o. %K390 Ib Nw,or4on @me^ CA r t huntM*w haach development services "060 OM RAf lia",P 0 R 1: TO: Planning Commission FROM : Development Services DATE: May 6. 1986 SUBJECT: REVOCATION OF c:ONDITIONAL USE PERMIT NO. 85-21 APPLICANT: Cotter ' s Tree Service DATE ACCEPTED: P. O. Box 773 Not appicable Stanton . CA 90680 MANDATORY PROCESSaNG DATE : RE WEST: To consider revocation of Not applicable CUP 85- 21 for failure to comply with conditions of ZONE: RA-0-Residential approval . Agri.^.ultt3ral Combined With oil Production LOCATION: vest side of Edwards Street , approximately 330 GENERAL PLAN ; Planninq ft . south of Ellis Avenue Reserve ACREAGE : 1 . 92 EXISTING USE: Mulchino Operation 1 . 0 SUGC,ESTM ACTION : Revoke Conditional Use Permit No. 85-21 hAsed on the findings outlined in this report . 2 . 0 GENERAL INFORMATION : Conditonal Use Permit No . 85-21 , a rec:uest to permit the storage and grindinq of wood products (mulchinq operation) was approved by the Planning Commission on August 20 , 1985. Since approval of Conditional Use Permit No. 85- 21 , the applicant has failed to c:csrrly with nine conditions of approval . At the April 1 . 1985 Planning Commission meetinq , the Commission voted to continue this item for two weeks to allow the applicant An opportunity to comply with all applicable conditions of approval for Conditional Use Permit No. 85-21 . On April 15. 1986. the Cotaarission continued this item once again to permit the applicant additional time to comply With the conditions of approval. I �i 77 - 0 SPECIFIC PLANS Not appl icat►le. A. 0 SUAJIVISIUN COMMITTEE : Not appl ica0le. 9. 0 ISSUES AND ANALYSTS : On April 15, 1986. the Plannina Co mission contir!: . , ' -')is item to the may 6. 1986 meeting to permit the applicant ae i onal time to complete the screening of the existi►t4 chain link along Edwards and to install the two 8000 gallon water to;;ks on the site. is of May 1 , 1986. the applicant has complied with all conditions of approval addressed in thn April 15. 1986 staff report , wish the exception of the installation of the water tanks . The fence screening has been installed , however , a number of gaps in the screeninq still exist . Without the availability of water , the potential for a Eire at this site is still present . therefore, the staff recommend: that the Planninq Commission revoke Conditional Use Permit 85- 21 with the attached findings as outlined in Section 11 . 0 . 10. 0 RECOMMENDATION : Revoke Condition,.21 Use Permit 85-21 hased on the following findings: FINDINGS FOR RLVOCATION - CONDITIONAL USE PERMIT NO. 85- 21: 1 . Since the approval of Conditional Use Permit No. 85-21 , on August 20 . 1985 (8 montns ago) # the applicant has .got shown good faith in comply.log with the conditions of approval within a reasonable amount of time. Non-compliance +pith the conditions of approval has created an unsafe situation which could result in property damage dtte to fire. 2 . The applicant has failed to r,omply with two conditions of approval , as outlined in this report, within a reasonable amount of time , thus failing to fulfill his cbligattions under the approval of Conditional Use Permit No. 85-21. ATTACHMENTS : 1 . Staff Report dated April 15 , 1986 2. Staff ReF.irt dated March 27, 1986 Staff Report - 5;16/86 (Salad) �I huntitton t*ach drvalopmrot aarvicalr deparlmw STAf .�AEP I ORX � • TO: Planning Commission FROM: Develupment ServiceR DATE: April 15 , 1986 SUBJECT: REVOCATION OF CONDITIONAL USE PERMIT NO. 85 -21 I APPLICANT: Cotter 'E T.,ee Service DATE ACCEPTED: P . O. Box 773 Not appicable Stanton , CA 90680 MANDATORY PROCESSING DATE: REQUEST: To consider revocation of Nett applicaki a r CUP 85-21 for failure to comply with conditions of 20NE: RA-O-Aesidentiel approval . Ag irit cultural Combined with oil Production LOCATION : Weal side of Edwards Street , approximately 33U GENERAL PLAN: Planning ft . south of Ellis Avenue Reserve I ACREAGE: 1 . 92 EXISTING USE : Mulching Operation 1 . 0 SUGGESTED ACTION: The applicant is presently in the process of complying with the conditions of approval for Conditional Use Permit No . 85-211 therefore , the staff recommends that the planning Commission not revoke Conditional Use Permit No . 85-21 . Staff also recommends that this item be reviewed again by the Planning Commission within 90 days to determine if any additional violations of. the conditions of approval have occurred . 2 . 0 GENERAL INFCRMATION: Conditunal Use Permit No . 85-21 , a request to permit the storage and grinding of wood products (mulching operation ) was approved by the Planning Commission on august 20 , 1985 . Since approval of Conditional Use Permit No . 85-21 , the applicant haw failed to comply with nine conditions of approval . At the April 11 1986 Planning Commission meeting , the Commission � voted to continue this item for two weeks to allow the applicant an opportunity to comply with all applicable conditions of approval for P PP �•1IA A 7 . 0 SPECIP!C PLAK : Not applic -�Jjle . 8 . 0 SUBDIVISION COMMI re.E : Not apt. l icahle. 5. 0 ISSUES AND ANALI.'SIS : On April 15, 1986 , the Plannina Commission continued this item to tiVc May 6, 1986 meetin',o to permit the applicant additional time to complete the scrEeninq of the enictinn chain link fence aloi%q Edwards and to install the two 8000 gallon water tanks on the cite. As of May 1 , 1986. the applicant has complied with all conditions of approval addressed in the April 15 , 1966 staff report . with the exception of the installation of the water tanks . The fence screening has been installed , however , a number of gaps in the, screening stir ; exist . Without the Avii ! lahility of water , the potential Oor a fire .t this sin-c is stall Resent , therefore , the staff recommends that the Planninq Commission revoke Conditional Use Pormi t 85- 21 with the att&ched findings an outlined in Section 1 1 . 0 . 10. 0 RECOMMENDATION : � Revoke Conditional Ilse hermit F5- 21 haled on the followinv findinal : FINDINGS FOR KF'VOCATION - CONDITIONAL USE PERMIT NO. 85- 21 : 1 . Since the approval tf Conditional Use Permit No. 85-21 , inn August 20 , 1985 ( 8 months aqo) . the applicant has not shown good faith in c,mp:yinq with the conditions of approval within a reasanahle amcunt of time. Non-compliance with the conditions of approval has created an unsafe Hituattion whi^h could result in property damage due to firf . 2 . The applicant has railed to cm..ply with two conditions of approval , as ot:tlined in this report , within a reaaonahle amount of time, tht.s failinq to fulfill his obligatirins under the yap~roval of Conditional Use Permit No. 85-21 . ATTACHMENTS : 1 . Staff Report 4ated April 15 , 1986 2 . Staff Report _" d March 27 , 19e6 1N� r7r1 a Staff Report - 5/6/86 STAf -- - - REPORic- TO: Planning Commission FROM: Development Services DATE: April 15, 1986 SUBJECT: REVOCATION OF CONDITIONAL USE PFRMTT NO. 65 -21 APPLICANT: Cotter ' s Tree Service DATE ACCEPTED: P. O. Box 773 Not appicable Stanton , CA 90680 MANDATORY PROCESSING DATE: RE UFST : To consider re%focation of Not`applicable CUP 85-21 for failure to comply with conditions of `ME: RA-O-Residential approval . Agricultural Combined with Oil Production LOCATION : west side of Edwards Street, approximaEely 330 GENERAL PLAN: Planning ft . mouth of Ellis Avenue Reserve I ACREAGE: 1 . 92 EXISTING USE: Mulching E Operation 1 .0 SUGGESTED ACTION: The applicant is presently in the process of complying wAth the conditions of approval for Conditional Use Permit No . 85-'21 , therefore , the staff re-commend3 that the Planning Comwission not revoke Con0tional Use Permit No . 85-21 . Staff also recolmends that this item be r .-viewed again by the Planning Commission within 90 days to determine if any additional violAtions of the conditions o: approval have occurred . I 2 . 0 GFNEPAL INFGRMA�TI�ON: Conditonal Usr Permit No . 85-2 : , a request to permit the storage and grinding of wood products (mulching operation ) was approved by th* planning Commission on August 20, 1985 . Since approval of Conditional Use permit No . 85-21 , the applicant has failed to comply with nine conditions of approval . At the April 1 , 1986 Planning Commission meeting, the Commission voted to continue this item for two weeks to allow the Applic&nt an opportunity to comply With all applicable conditions of ap►prowak for hew Bch de"100r ent marl*" ObWtMOM SrAf AIEPORT- TO: Planning Commission ER014 : Development Services DATE: May 6 . 1986 SUBJECT: REVOCATION OF CONDITIOWAL USE PERMIT NO. 85-21 APPLICANT: Cotter 's Tree Service DATE ACCEPTED: P.O. Box 773 Not appicab ! Stanton, CA 90680 14MMATORY Pft XESSING DATE : -+asr REQUEST: To consider revocation of Not applicable CriP 85- 21 for fa... lure to comply with conditions of ZONE!. RA-O-R*sidtntial Approval . JgrTcultural Combined with Oil Production LOCATION : West side of Edwards Street , approximately 330 GENERAL PLAM : Planninq ft. south of Ellis Avenue iieiery e ACREAGE : 1 . 92 EXISTING USE : Mulchir+q Operation 1 . 0 SUGGESTED ACTION: I Revoke Conditional Use Permit No. 85-21 based on the findings outlined in this report . 2 . 0 GENERAL INFORMATION: Condi tonal Use Permit No. 85- 21 , a request to permit the storagq and grinding of wnod products (mulchinq operation) was apprcvod by the Planninn Commission on August 20. 1985 . Since approval of Conditional Use Permit No. 85- 21 , the applicant has failed to comply with nine conditions of approval. At the April 1 , 1986 Planning Commission s»eetinq , the Comission voted to continue this item for two weoks to allow the applicant an opportunity to comply with all applicable conditions of approval tot Conditional Use permit No. 85-21 . On April 15, 1966s the COMIssion continued this item once again to permit the applicant aMitimnil time to comply with the conditions of approval. QW _J . . __ Irk"I 1 SURR051NDING LAND USSP ZONING ANO GLNRRAL PLAN MIGHAT� ONSN$ : Sub *ct Pra ert : GENERAL PLAN DESIGNATION: Plar:nina Reserve ZONE: PA-0, Residential Aqricultura : Crwhin:e:d with Oil LAND USE: FAiuon Substation and vacant North of Sub t.-t Property : GENERAL PLAN DESIGNATION : Planning Reserve ZONE: RA-0 Residential Agricultural Comhin:rd with oil Production LAND USE ; Edison Substation and vacant East of Subject Property: (across Edwards Street) GENERAL PLAN DESIGNATION: Estate Residential ZONE : RA-CD, Residential Agricultural combined with Civic District LAND USE: Existing Temporary Commercial Morse Facility South of Subject Property : GENERAL PLAN DFSIGNATION : Planned Community ZONE: RA-O-CZ , Residential Agricultural Combined with Oil Production-Coastal Zone LAND USE.: Vacant .% -at of Subject Property : GENERAL PLAN DESIGNATION : Planning Reserve ZONE: RA-0-CZ, Residential Agricultural Combined with Oil Production-Coastal Zone LAND USE : vacant 4 . 0 ENVIRONMENTAL STATUS : Negat0ye Declaration No. 85-50 was adopted by the Planning Ccwtmission on August 200 1965. The site has been identified as an archaological site. 5.0 COASTAL STATUS : Not applicable. 6, Q MIDW:W MENT sTATUS : Not applicable. staff M"Oort + 5/6/94 � - { 5a��► Conditional ease Ptrxit No . li-21 . As of April 11 , 1988, the applicant has made a good faith effort in complying with the Rajority of the conditions . 3 .0 SItRMOUNDING LAND USS ZONING AND CLPMERAL PLAN H11ONAT 4MS : Sub�ec` t property: CKN ERAL PLAN DESIGNATION: Planning Reserve ZONE: RA-0, Residential Agricultural Combined with Oil LAMA USE: Edison Substation and vacant North of. Subject,Subject... Pro era: i...rr ....r GENERAL PLAN DESIGNATION : Planning Reserve ZONE: RA-0 Residential Agricultural Combined with oil Production LAND USE: Edison Substation and vacant East of Sub ect Pro erg: ( acroBs Edwards Street ) GENERAL PLAN DESIGNATION: Estate Residential ZONE : RA-CD, Residential Agricultural combined with Civic District LAND USE: Existing Temporary Conmercial Norse Facility South of Subject Property : GENERAL PLAN DESIGNATION: Planned Community ZONE: RA-O-CZ , Residential Agricultural Combined with Oil Production-Coastal Zone LAND USE : Vacant West of Subject Pro erk : GENERAL PLAN' DESIGNATION : Planning Peserve ZONE: RA-0-C20 Residential Agricultural Combined with Oil Production-Coastal zone LAND USE : Vacant 4 . 0 ENVIRONMENTAL STATUS: N.rgativt Declaration No . 85-50 was adopted by the planning Commission on August 201 1985 . The site has been identified as an archeological sit* . S� C COASTAL STATUS: Not applicable. Staff $*par t - 8/15/66 -2• ������ � REDEVELOPMENT STATUS: Not applicable . 7 , 0 SPECIFIC PLAN: Not applicable . 8 . 0 SUSDIVIsIoli COMMITTEE. : Not applicable . 9 . 0 ISSUES AND ANALYSIS : On April 8 , 1986, the applicant and representatives from the Fire Department and Development Services not to discuss compliance with the conditions of approval for Conditional Use Permit No . 85-21 . The applicant has agreed to comply with all applicable conditions of approval in the following manner : CONDITICU NO. l .a - 60 foot deep paved entryway including a 6 foot Mg-Min in ..once incorporating a 25 foot cut-off for site visibility . The staff recommends that the Applicant be permitted to continue using the entrance to the site adjacent to Ellis Avenue . This entrance provides better entry and exit to and fron the site by semi -trucks as con Fared with an entryy locat,cd to the south of the property . The Ellis Avenue entry allows semi-trucks ti exit the site onto Ellis and utilize the signal located on Colde .weat Street . The Department of Public Works has concurred with this recomp endation . CONDITION NO. l .b - 6 foot slatted or screened chain link fence Paialiel to wards Street , including the entryway to the mulching operation . The 6 foot high chain link fence will be screened by the applicant with 90 percent opaque material by April 15 , 1986 . CONDITION NO. 4 - on-site fire hydrants or other means of water access shall be provided in number and at locations speci :ied by the Fi re Depar tmen t . I The applicant will be installing two , 8 # 000 gallon water tanks on the site equipped with valves compatible with all Huntington Beach fire vehicles . The two water tanks will be set bark from Edwards Street approximately 230 feet . The applicant has agreed to install the tanks no later than Tuesday, April 22 , 1986 . Staff Report -3- t4424d l CONDITION40. 6 - The applicant shall meet all applicable local , tat• 0 nd Pe weal fire codes , ordinances and standards . The aFplicant has agreed to comply with all applicable conditions of approval by April 15, 1986 . At that time, the applicant will he in substantial compliance with Condition bo . 6 . CONDITION NO. 9 - Fire access lanes shall be maintained . If fire 1 one violations occur and the services of the fire Department are required , the applicant Will be liable for expenses incurred . The aFplicant has agreed to create and maintain fire lanes on the site as required by the Fire Department . The applicant has also agreed to limit the height of the mulch Tales to 12 feet . The rice Department has the authority to site the operator for violations of this condition and will do so in the future , if necessary . C:CNDITION NO. 13 - Prior to the issuance of a Certificate to Operate , the applicant shall obtain approval for the mulching operation from AQMD. The applicant has requested a copy of the AQMD minutes permitting a mulching operation on the site . To date , the applicant has not received a copy of the minutes . Upon receipt of the minute* by this department , a Certificate to Operate will be processed for this business . CONDITIC!1 140. 15 - Access to the site fror_ locations not approved by the planning Commission shall be prohibited . I As discussed under Condition No . 1 , the staff is recortnending the applicant be permitted to continue using the entry located at Ellis and Edwards Street . CONDITIGN NG. 16 - The applicant shall discontinue the use of the northerly property within ten ( 10 ) days fron approval of Conditional Use Per.nit No . 85 -21 . Future use of the northerly propert } as a mulchinq operation shall be prohibited unless a conditional ube permit is aprrov,d by the Planning Commission . As of April 11 , 1986 , the applicant substantially Complied with Condition No . 16 . All miscellaneous wood and mulch has been removed from the northerly property . CONDITION :10 . 17 - '-tie property owner shall grant an open space easement to the City over and acreas the 1 . 3 f acre parcel of land f located to the west of the Edison Substantion and delineated on the conservation and open space element and shown in the bolsa Chico Linear park Boundary Study within 90 days from 6he date of approval of Condional Use Permit No . 85-21 . The staff is presently negotiating an open apace easement with the property owner fcr this 1 . 3 acre parcel in conjunction with the Bolsa Chica Linear Park . itatf !Deport - VIS/66 -i- t1i=id1 10 .0 RICOMMENVATION: The Staff recommendb that t-,hr P.16nning Commission not revoke Condition.&l Uae Permit No. 65-21 based on the applicant ' s good faith effort to substantially ccmply with all conditions of approval . Staff also recomemends that this item be reviewed by Planriinq commission again in 90 days to deternine if any violations ha v.i occurred . I 11 . 0 ALTERNATIVE ACTION: Revoke Conditicnal L'se Permit No . e5-21 based on the following findings : FINDINGS FOR REVCCATION • CONDITIONAL USE PERMIT NO. 65-21 : 1 . The applicant has not shown good faith in complying with the conditions of approval within a reasonable amount of time . Non-compliance with the conditions of approval has created an unsafe uituation which could result in property damage duo to fire . 2 . The applicant has failed to comply with nine conditions of approval , as outlined in this report , within a reasonable amount of time , thus failing to fulfill his obliaations under the approval of Conditiunal Use Permit No . 65-21 . ATTACHMENTS j 1 . Area map 2 . Staff Report dated April 1 , 1986 ,TN#� , k 1 a staff 11eport - 4/15/66 -5.. I46346) W , %*,STAf f ' hwtt booth d ftbo aM ►"* dopWtMW REPORT - TO: Planning commission FROM : Development Se.twices DATE: March 27, 1986 SUBJECT: REVOCATION OF CONDITIORAL USE PERMIT NO. 85-21 I APPLICANT: Cotter 's Tree Service DATE ACCEPTED: P .O. Box 7`1 ? Not appicable Stanton, CA 9068D MANDATORY PROCESSING DATE : REQUEST. To consider revocation of Not applicable CUP 05--21 for failure to ifx% comply with conditions of ZONE: RA-0-Residential approval . Agricultural Combined with ail Production � LOCATION : west side rt Edwards Street , approximately 330 GENERAL PLAN : Planning f, t . F:,uth of El l�s Avenue Reserve ACREAGE: 1 . 92 EXISTING USE: Mulching Operation 1 . 0 :;UGGESTED ACTION: I Revoke Conditional Use Permit No . -'5-21 based on the findings outlined in this report . I , 0 GENE-RAL INFGRMATION: Conditonal Use Permit No . 85-211 a r?quest to permit the storage and grinding of wood products (mulching operation) was approved by the Plann: ng Com.�+ission on August 20, 1965 . Since approval of Conditional Use Permit No. 85-21 , the applicant has failed to comply With nine conditions of approval . The Planning staff and Fire Department. have beef; unsuccessful in persuading the applicant to comply with the conditions, therefore, the matter has boon referred to the rommission for review and possible revocation of the applicant ' s conditional use permit . jjO S RPOUNDINGG LANDUSE.t ZONING AND NtRAL PLAN DESIGNATIONS: Subject Mroperty: �. GENERAL PLAN DESIGNATION: Planning Reaerve ZONE: RA -O, Residential Aqr icultural Combined with Oil LAND USE: Edison Substation and vacant North of Subject Proffer ty : GENERAL PLAN DESIGNATION : Planning Reserve ZONE: RA-0 Residential Agricultural Combined with Oil Production LAND USE: Edison Substation and vacant Last of Subject Property: ( across Edwards Street) GENERAL PLAN DESIGNATION: Estate Residential ZONE : RA-CD, Residential Agricultural combined with Civic District LAND USE: Existing Temporary Cownrcial Horse Facility South of Subject Property : GENERAL PLAN DESIGNATION: Planned Community ZONE: RA-O-CZ, Residential Agricultural Combined with Oil Production-Coastal Zone LAND USE: Vacant West of Subject Property ., GENERAL PLAN DESIGNATION: Planning Reserve ZONE: RA-0-CZ , Residential Agricultural Combined with Oil Production-Coastal Zone LAND USE : Vacant 4 . 0 ENVIRONMENTAL STATUS: Negative Declaration No . 85-50 was adopted by the Planning Commission on August 20 , 1985 . The site has been identified as an archeological site . true to the operation of trucks on the site during inclement weather , numerous ruts have been ecoated, Should the Planning Comaission permit the applicant to continue opetatiaq at the site , staff recowwrends that an all-'wmather Void, ACC*ptable to the Eire Department # he installed by the applicant to prevent deterioration of the archaeological site. Staff Report - 1/1/ii -2- i dl18� .0 COASTAL STATUS: Not applicable . 6. 0 REDEVELOPMENT STATUS : Not applicable . 7 . 0 SPECIFIC PLAN : Not applicable . 1.0 SUBDIVISION COMMITTEE : Not applicable . 9 . 0 ISSUES AND ANALYSIS : On August 20 , 1985, the Planning Commission approved Conditional Use Permit No . 85-21 for a two-year period with 17 conditions of approval . To date, the applicant has failed to comply with nine of the conditions . These conditions are Nos . 1 , 4 , 6, 8, 9 , 13, 15, 16 and 17 . ( Please refer to the attached conditions of approval for specifics . ) The Planning staff and the Fire Department have attempted on numerous occasions to gain compliance with the conditions of approval by working with the applicant . However , to date the applicant has not fulfilled his responsibilities under the approval of Conditional Use Permit No . 85-21 . Condition No . 13 requires the applicant to obtain a certificate to operate for this use from the City. An of March 27 , 1986, the applicant has not applied for a certificate to operate at the site . Section 9730. 80 Certificate t.„o operate requires the issuance of a certificate to opeta e 15Y Now- mb Development Services at the time all conditions are completed . Of greatest importance , is the applicant 's failure to comply with Condition No . 6 which states : `tan-site fire hydrants or other means of water access shall be provided in number and at locations specified by the Fire Department . The Fire Department has indicated that should a fire occur at the subject property , smoke could drift down into the Ellis Valley and leopardite the lives of humans and horses . The Fire Department is also concerned, about the height of the mulch and the absence of fire lanes between the mulch piles. Failure to maintain adequate fire lanes may result in the inability of the Fire Department to combat a fire should this occur . To date, there has been one fire at this location . staff Report - 4/1/66 As of Match 17 , 1986, the applicant has shown some improvement on the site . The mulch ilea have been lowered, the Majority of the materials to the north of the sate have been r*maved, and fire lanes have been created between the mulch piles . However, due to the seriousness of this situation, and due to the lack of cooperation shown by the applicant , staff is recommending r^vocation of Conditional use permit No . 85-21 . 11 * 0 RECOMMENDATION: Staff recommends the Planning Commission revoke Conditional Use Permit No . 85-21 based on the following findings : FINDINGS FOR REVOCATION - CONDITIONAL, USE PERMIT NO. 65-21 : 1 . The applicant has failed to comply with Conditions 1 , 4 , 6, 8 , 9, 13 , 150 16 and 17 within a reasonable period of time . 2 . Failure by the applicant to supply adequate water to the site for fire fighting purposes has created an unsafe and potentially dangerous situation. 3 . The applicant has not shown good faith in complying with the conditions of approval imposed by the Planning Commissioo on CUP 85-21 on August 20 , 1985. 4 . The applicant has failed to maintain proper fire lanes on the site as required by the Huntington beach Fire t@Fertment . 11 . 0 ALTERNATIVE ACTION: Grant the applicant a two month extension of time to May 20, 1986 to permit additional time to comply with all applicable conditions of approval set forth in Conditional Use Permit No . 85-21 . ATTACHMENTS: 1 . Area map 2. Site Plan 3 . Staff Report dated August 20, 1966 4 . Fire Department memo dated March 26 , 1986 5 . Fire Department letter dated July 11 , 1985 6 . Fire Department letter dated March 13, 1965 7 . Fire Department letter dated July 25, 1985 8 . Developx+ent Services letter to applicant dated September 11 , 1985 9 . Development services letter to applicant dated March 70 1986 ,T : k1a I staff weport - 4/1/86 -4- (4538d) "11 16 -1 Opw •1 w 1 41•�;` .1 •!` _ �.�* , a M-C,Q•Q �, I i I i 'V i11 _�ry�-- '. •. • � fir•--- _ --'1 f � � � � CZ Pw ce .i _ �� P'• i. -'4 :+•..fir - R A-0-CO I .� :. ,.. RA-0-CD '•:w •C�>, � .0 CAP �1•CZ, (IOK/�.I 'RA 1 RI- INWO '•',ti L`f'.• �_' �:=�1 Coco t•:.. y RI L RA-CD �,.3 zz • . RA+-'0 1 f .r a c� }3 ' •M r o ca 1 f 'AA-0 iw S Q •. o .a +' f1 l'+ I: o•RH27)•0$,C'00 i RA-01 RA-0 ., -n} RA•0•CA k /7RA-01-CZ f ' RA-a f MIX RA 0-CO ! OA•0 CU } • � k+�►t►s IL1.� at � HUNTINGION NOAft C4•FORNIA Conditional Use Permit Ito. t S--21 ftANNM DWIMOIV 15-S 0) 1.4 REMA I NDE R Of' I i EM 10 FJF COS' 1 UO FOR RF (;Ul AR AGE NDA PACKF 1 i I, h on w�tin�t beach dwi000wot *mnr1an 11olrolM ff 'TO: Planning Commission FPC M : Development Services DATE: August 20 , 1985 PRWECT: CONDITIONAL USE PEPMIT NO. 85-21/11EGATIVE DECLAAATICN NO . 85- 50 APPLICANT: Cotter ' s Tree Service DATE ACCEPTED: P. O. Box 773 July 24 , 1965 Stanton , CA 90b80 Rf UEST : To permit the storage and MANDATCRY PPOCESSING DATE grinding of wood products septer,ber 24 , 19el ( mulching operation ) Pursuant to Section 9331 . 3 LOCA? ION: West side of Fowards Street ZONE : RA-0 - Residential approximately 230 feet south Agriculture comb'ineC with of Ellis Avenue Cil Production ACREAGE: 1 . a. acre: GFNFPAL PLAN : P inning Reserve EXISTING USE : F ison Subss'Eat ion a-id vac nt 1 . 0 SUCGFcTED ACTION: Approve Ccnditiona : Use Permit No. and Negative Declaration No . 85-50 based on the findings and conditions of approval outlined in Section 9 . 0 . 2 . 0 GENERAL INFORMATION : i Conditional Use Permit No . 85--21 is a request to permit a mulching operation ( storage and grinding of wood products ) on the subjmct property for a two year period. The mulching operation would primarily be usei by Southern Califocnia Edison Tree raintenence Personnel * the City of Punttngton Beach Tree Maintenance personaai abd by the applicant for his mulching business . The applicant to currently operating the mulching businesa on the subject ecopmrty without city approval . a. OVPPO'C IPG LAND Va19, 20NING AND GE!!UAL PLAN CrSIGNATI. : '` iat Pra�trt�: GINt#AL PLAN DESIGNATION: Planning Reserve =ONE: AA•0 , Pesidential Agricultural Combined with oil LAND USE: Edison Substation and vacant North of Subject Promo erty : GENEPA L PLAN DESICNATION : Planning Reserve ZONE: PA-0 Residential Agricultural Corbint d with Coil Production LAND USF. : Edison Substation and vacant East of Subject ProperU: ( across Edwards Street ) GENERAL. PLAN DESIGNATION: Estate Residential ZONE : RA-CD, Residential Agricultural Combined with Civic District LAND USE : Existing Temporary Commercial Norse Facility South of Subject Property : CENEFAL PLAN DFSIGNATIGN : Planned Cotrmunity ZONE:: PA-0-CZ , Pesidentisl Agricultural combined with Oil Production - CoaAtal Zone LAND USF: Vacan t i West of Subject Property : GENEFAL PLAN DESIGANATION: Planninc Feserve ZONF : RA-0-CZ , Fesidential Agricultural combinod with Cil Production - Coastal Zone LAND USE : Vacant 4 . 0 ENVIRGNMENTAI. STATUS : Pursuant to the environmental regulations in effect at this time, the Department of Development Services posted draft Negative Declaration No . OS-50 for ten days , and no coa:ments , either v*rbal or written were received. The staff , in its initial study of the priject , has recommended that a negative declaration be issued prior to any action on Conditional Use Permit No . 85-21 , it is necessary for the Planning Commission to review and act on fegative Declaration No. 81-50. 5. 0 COASTAL STATUS: The subject property is not within the boundaries of the coastal sane staff Peport $/20/05 •2- 13889d i 1 I i. MEMELOPMENT STATUS : � The subject property is not within any Redovelopment Area in Huntington Beach . 7 .0 SUBCIVISION coMMITTEE: j N/A $. 0 ISSUES AND ANALYSIS : Conditional Use Permit No . 85- 21 is a request to permit a mulching operation on the subject property for a two year period . The proposed mulching operation is a process by which wood products , :ncluding lumber and tree trimmings are ground up , then loaded into sevni -trucks which transport the material to users thro-ghout the State of California . The mulched material is used as a ground cover to subdue weeds and as a fuel for powering steam generators . Section 9331 . 3 of the ordinance code permits temporary uses , including mulching operations , on unimprovec private or public property subject to the approval of a conditional use permit and subject to the requirements contained in the above-described code srction . In sur^mary , these requ i re:rents include : an approval by the Planning Commission not to exceed two years ; compliance with parking, access , and setbacks ; the use is subject to such additional requirements deemed necessary by the Planning Coma.iission : and the right to rescind the Conditional Use Permit if the applicant violates the terms of the conditional use permit . The following issues have been ider. tifted by staff in ar'al}zing the proposed mulching operation : 1 . Conditional Exception No . 70-60 which required landscaping to be installed around the Edison substation at such time that water is available on Fdwards Street , or when requested to do so by the Planning Commission . i 2 . Resign of the entryway to the site . 3 . MitigAting measures for fire prevention and control . I 4 . Street dedication on Fdwards Street . 5 , Screenina of the site along Fdwards Street . 6 . AQMD requirements for the prevention of air pollution . on January 5 , 1971 , the planning Commission heard and approved Conditional Exception 70-60, a request by Southern California Edison to p-:rrrtt the construrtione operation and maintenance of an electric distribution station at the west end of the subject property. In its approval of Conditional Exception No. 70-60, the planning Comisinion required the applicant to provide landscaping around the proposed facility when ester became available on Edwards Streat , or When requested by the Planning CoMission . Staff Seport 0/20/85 -3- t20094 40 The staf is recommending that the Planning Commission now require the adison Company to provide landscaping around the substation as provided by condition no 2 of Conditional Exception No . 70-40. it approved, the applicant would also he required to submit a landscape and irrigation plan to the city for review and approval . The current entryway to the site is opposite Ellis Avenue and is located on property owned by the Huntington Beach Company. Staff recommends that this entryway be relocated approximately 300 feet south . Staff also recommends that the applicant submit a reviaad plan to staff depicting a new entryway incorporating a 60 ' long paved stacking lane and fencing incorporating a 25 ' corner cut off for site visibility onto Edwards . Staff suggeets that the revised plan be reviewed and approved by the Director of Development Services . The Fire department has indicated that the availability of water on the site is essential to mitigate the potential of a major fire on the site . The Fire Department also recommends that the mulching material not be located closer than 5 ' from property lines ; the piles shall not exceed 12 ' in height ; 5 ' wide aisles shall be maintained between piles , and all drive aisles shall be at least 10 ' in clear width . The public Works Ceparta.• it has indicated that 20 ' of dedication should be made at this tine for future widening of Edwards Street . Street improvements , including curbs , gutters , and sidewalks , are not contemplated at this time . The Planning Staff concurrs with the recommendation by Publif- Works to dedicate at this time . Oft mitigat+! the potential for air pollution from airborr,a particles , the staff recomm-nds that rnulr , ing be prohibited during times when the wind exceeds 13 smph . Staff also recommends that the mulching machinery be equipped with a hood to prevent unnecessary airborne particle, from leaving the site . The South Coast ACMD has indicated on Rlnilar projects that organic materials should be watered down during extremo,: wind conditions . Staff is suggesting t,tat a condition be added covering this situation . AGM,A standards for the mulching oi:er..Ation would also apply to this project . The applicant would be required to have the use reviewed and approved by the South Coat ACMD and submit a copy}' of the approval prior to the issuance of a Certificate to operate . 9. 0 RECOMMri4DATIGN: Staff recommends the Planning Commission approve Conditional Use permit 85-21 and Negative Declaration No. 85 -50 based on the following findings and conditions of approval . FINDINGS FOR APPROVAL: +. •�= 1 . The establishment , ma ;nten'ance and operation of the mulching operation will not be detrimental to: a . The general welfare of pet sonar residinq or working iri the Vicinity. With the exception of the horse facl.lity the surroundin pr rota a urrently varcient 0 therefore will n�t a Oct res ' on at Staff Report $120185 -4- t39�ld! a b. P:. aperty and improvements in the vicinity of such use. The surrounding properties are currently unimproved. 2 . 'the proposed mulching operation is consistent with the City's { General Plan of Land Use . 3 . The proposed mulching operation substantially complies with the requirements set forth in Section 9331 . 3 of the Ordinance Code . SUGGESTED CONDITIONS OF APPROVAL i 1 . A revised site plan shall be submitted depicting the modifications described herein : a . 60 ' deep paved entryway including a 6 ' high chain ! ink fence incorporating a 25 ' cut-off for sit* visibility. b . 6 ' high slatted or screened chain link fence parallel to Edwards Street , including the entryway to the mulching operation . 2 . Prior to issuance of building permits , the applicant shall submit the following plans : a . !,andscape and irrigation plan to the Department of Developmen '' Services And Public Works for review and approval . 3 . The development shall comply with all applicable provisions of t:,e Crdinance Cade , wilding Code , and Fire Code . 4 . On-site fire hydrants or other means of water access shall be provided in nimber and at locations specified by the Fire Department . 5 . There shall be no outside storage of vehicles , vehicle Farts , equipment or trailers 6 . The applicant shall meet all applicable .local , State, and Federal Fire Codes , Grdinances , and standards . 7 . installation of requirca landscaping and irrigation systeria shall be completed within twelve ( 12 ) months . A . All signs shall comply with Article 976 of the !Huntington Beach Ordinance Code. I 9 . fire access lanes shall be a;aintained . If fire lone violations occur; and the services of the piece Department are rtquired, the applicant will be liable, for expenses incurred. F a 10. The Planning Comission recerves the right to revoke this Conditional nse permit it any violation of these coaditime ► of than !lent ington beach Ordinance Coder occurs. Staff asport 9/20/85 -Sw I3049d) ,� 1 y 11 . Conditional Use Permit No. 85-21 shall expire two years from the date of approval . 12. A bi- annual inspection shall be performed by the Dap+rrts*nt of Developm*nt Services to determine if violations of the conditions of approval have occurred. 13 . Prior to the issuance of a Certificate to operate, the applicant shall obtain approval for the mulching operation from the South Coast AQMD. 14 . Mulching shall be discontinued at such time than the wind velocity exceeds 13 mph . At such time that the rind exceeds 13 mph , the mulch piles shall by watered down to mitigate possible air pollution . 15 , Access to the site from, locations not approved by the Planning Commission shall be prohibited . ALTEPNATIVF ACTION: As an alternative, the Planninq Cormission may consider denying Conditional Use Permit No . 85- 21 and t+egatiwe Declaration No . 85-50 based on the following findings : ALTERNATIVr FINDINGS FOR DENIAL: 1 . The establishment , maintenance and operation of a mulching operation on the subject property will be detrimental to the general welfare of persona driving , working or living in the area . 2 . The establishment , maintenance and operation of a mulching operation on the subject property is not compatible with future residential uses planned for this area of the City . The proposed use will create dust and air pollution problems which Will be detri:ental to those people living or working in the areh . ATTACHMENTS : 1 . Area Map 2 . Narative received and dated Pay S . 1985 3 . Minutes of the Huntington Beach Planning Commission Meeting dated January 5, 1971 4 . Negative Declaration No. 85 -50 I l k r;^ ptset Import 6/20/15 •�i- t 1Otld� h • • • •• V Il Yf• .fti •�A•�•i•.Al • \ •1 '.� fM •w...r•�rwwal. .Mm .. ; RI-C' i ••�'�. Sri `�._ ; �' �' ca Sol Ob •'ti RI-CD ' 1 1 -.l/ 1.1 1 ,�.'t..�:_. •• : ._ 1 11 RA- CD�OKq ILA 'I MA cr 1 ...-..•. •..:' 1 FAA-01 RA-0 PA-0-CO r RA-01-CZ ! RA,a Ra•a Pa•o•CO f . r�a•10.CD till w-.w�•1 -- �• --�•� ,J �� -• 3644*1 ' M� r• • ' 4 I k I-111ismi w4w CAUFORA Conditional Use P*rwit No. P� (Negative Deaiorat1son Mo. 03-SO) Cotter's 'Free Service, Inc. 1tXW GDtJ" ST • PO SOX 173 . STANTON. CAUFOOMA 9 W ►►BONE 52?.XM may 80 1985 HUNTINGTON 3EACI DEVELOPMENT SOBVICcI IV AY Robert G. Franklin ' -+ City of Hunt iiigton Beach Dept . of Development Services P.O . Box 190 Huntington Beach, Calif. 92648 SUBJECT: Conditional Use permit for Mulching aerations, /S Edwards 500 ' Sio Garfield The subject property is being leaned from the Southern California Edison Company , who utilizes the southerly 2 . 88 acres for an electrical substation. The 1 . 92 acres under lease is an undeveloped parcel , identical to the surrounding area which consists of oil production and stables . A total of 2. 34 acres will remain undeveloped which consists of a buffer area around the perimeter of the total 7. 11-acre site . I have a one-year lease from the Southern California Edison Company , with renewal rights for an additional year , contingent upon the operational and property inspection that will be conducted by the Southern California Edison Company. This site will be used for my company personnel , the Southern California Edison Company tree maintenance personnel and elan the City of Huntington Beach tree maintenance personnel . Once the material is ground up , it is loaded into trucks to be transported to contracted users of the subject Material, throughout so+tthern and central California . These contracts require a r-ontinuous supply of material , which necessitates an active program of grinding and removal and a minimal amount o: stock-piling of the ground material . The rural nature of the area is conducive to this operation , with only oil production and stabler use in the area. No plan to maintain a distance of at least 50 feet from any property line to aid in shielding this operation from the public . The disposal of this tree "terial into a secondary acm is also a benefit to the pubLic in general, which assists in reducing the material taken to landfill sites . 1 ' Page x We respectively request the approval of our conditional us* permit for the purposes outlined in this letter. x would bat pleased to w.at and discuss this matt*r further at your conven ienco . SincRrely, SONNY WOTOTE SCxct cc: H . W. Compton Southern Calif . Edison I II nl y uLLrW � C-3 CON 1TICNAR. USE PCRMIT NO. 85-21 Ctrnditonal Use Permit No . 85-219 a request to permit the storage and grinding of wood products (mulching operation ) was approved by the Planning Commission on August 20, 1985 . Since approval of Conditional Use Permit No . 85-21 , the applicant has failed to comply with nine conditions of approval . The Planning staff and lire Department gave been unsuccessful in persuading the applicant to comply with the conditions, therefore , the matter has been referred to the Commission for review and possible revocation of the appli :ant ' s conditional use permit . ENVIRONMESTAL STATUS: Negative Declaration No . 85-50 Was adopted by the Planning Commission on August 20, 1985 . The site has been identified as an archeological site . Due to the operation of trucks on the site during inwlement weather , numerois ruts have been created . Should the Planning Commission permit the applicant to continue operating at the site , staff recommends that an all-weather road , acceptable to the Fire Department , be installed by the applicant to prevent deterioration of the archaeological site . i THE PUBLIC HEARING WAS OPENED Sonny Cotter , applicant , was present . He feels that he is complying with all conditions of approval except Number 4 . He has applied for a hydrant and is Waiting now for a decision by the water department to tell him where to locate his water hydrant . He addressed each condition with the commission. Larry Rothman , Attorney for Cotter ' s Tree Service , spoke in support of his client . He explained that Cotter 's Tree Service had been granted an exemption from the ACMD. He summarized his client ' s intentions and requested that the Commission grant his client a continuance so that the matter could be cleared up . He feels that this recycling operation is very unique and should be reconsidered . There were no other persons preoent to speak for or against the proposal and the public hearing was closed. commissioner Rowe stated that he had personally driven by the site and it did not appear to him that the conditions of approval were being complied with . Piles of compost/mulch were present and he was concerned that It there was a fire the fire department couldn't get onto the site due to the lick of fire lanes . commissioner Erskine, felt that a continuance of this item for two we*kar to allow the applicant to comply with all conditions, would be, fair * Po also r"misated that a copy of the letter stating tbot this property is exempt, granted by MMov be, presented to the cm u laslon for review. PC Iri"toa - 4/1/44 -5' 1450" ) f I Oasa~issioner LiV*ngood felt that a continuance was not in order . No Celt that enough time had been spent on this it** . The alttcnstive action suggested by staff to grant the applicant a two month extension of time to comply with applicable conditions and if not complied with to revoke the perMit , would be the best decision . Colrnissioner Schumacher feels that this is an atthaeologieal site and *Inc* no road has been put in that the site is being degraded and is detaricratinq, and that if all conditions could not. be complied with that Ehe permit should be revokad. She felt that two weeks would be sufficient time to comply with all conditions . A NOTION WAS MADE BY ERSFINE, SECOND BY PORTER, TO CONTINUE CONDITIONAL USE PERMIT NO. 85- 21 TO THE APRIL 15, 1986 PLANNING COANTSSION MEETING, AND TO RECONSIDER REVOCATION AT THAT TIME, BY THE FOLLOWINW VOTE: AYES: Rowe, Winchell , Schumacher , Erskine , Portent . Mirlahangir WOES: Livengood ABSENT: None ABSTAIN : None MOTION PASSED C-1 CONDITI AL USE PERMIT NO. 86-12 In February 198 the City Council adopted a General Plan Amendment and Zone Change f r this property . Both the Planning Commission and City Council revie ed a conceptual site plan , floor plans and building elevations or this senior citi:ens apartment project . The applicant has sli tly modified the unit mix of the project . Ten of the one bedroom lus den units have been converted into two bedroom units . The app cant notes that market research has shown a demand for two bedroom a iot units for husband/wife or senior/relative . The par ' gig provided reflects this change in the plan . The applicant originally sub tted the General Plan Amendment and Zone Change request in Septem r of 1985 . The Conceptual Plans were revie d by staff according to the t*quirements of the Senior Resid tial Development Standards ( Article 952 . 5 ) . The SR suffix i added to the base tonin designation . Developments must c ly with the SR standards for all I requirements listed in that section of the cado, and , where silent # the underlying base district . for this particular pto)ect the under l inq =oning is R3, fteliminary plan chick of the conceptu plan* was based on the standards of the Rif, and, where silent , he Rl soae. PC JUNatee + 4/1/114 FnIPIC ■IAXINO MRS 1 "NOUGd C-15 AND tTINS r-1 TPROU'GN D ►1 M�itd IRA" BY TOR V k1C M2adlDN IM TMt roLUMNO vltotll s C-) (Continued) , C-5 (WithdC-0 (Continued) # C-15 (Continued) $ C-le C2 abd C�-4 (Contio -7 , C-d, C-90 0-10 b- 2, b-30 D-81 C-10, C-11, C--11, C-11 , 14 . C. Pattie on 17'Jg..IME: Conditional Use Permit No . 85-21 , a request to permit the chipping and storage of wood products Mulching operation) was approved by the Planning Commission on August 20 , 1985 . Since approval of Conditional Use Permit No . 85-219 the applicant has failed to comply with nine conditions of approval . At the April 1 , 1986 Planning Commission meeting, the Commission voted to continue this item, for two weeks to allow the applicant an opportunity to comply with all applicable cond W iris of approval for Conditional Use Per*; t No. 85-21 . As of April :. : , 1986, the applicant has made a good faith effort in complying with the majority of the conditions . Staff recommends that the Planning Commission not revoke Conditional Use Permit No. 85-21 . Staff also recommended that this item be reviewed again by the Planning Commission within 90 clays to determine if any additional violations of the conditions of approval have occurred . ENVIRONMENTAL E L STATUS : Negative Declaration No. 85-50 was adopted by the Planning Commission on August 20 , 1985 . The site has been identified as an archeological site . THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the project and the public hearing was closed . Mike Strange , staff, also informed the Commission that Mr . Cotner had scheduled water tanks to be brought in on Saturday , the mulching material had already been rem( ved, and that the screening on the chain link fence would also be complete by then . The Commissioners were concerned with the possible liabilities that might occur if any more time gran allowed . PC Minutes - 4/15/16 -J- ( 87i1d) A NOTION WAS MADE BY ERSKINE, SECOND BY ROME TO CLOSE THE PUBLIC REARING AND CONTINUE THE REVOCATION NEARING UATIL TOR MAY i , 19890 PLA11NtNG COMMISSION MECTINGe AND IF THE VIOLATI003 WERE NOT CLEARED OP AT THAT TIME THE CONDITIONAL USK PERMIT WOULD SE REVOKEDs BY THE FOLLOWING VOTE : AYES : Ruwe, Winchell , Livengood , Erskine, Porter, Mirjahangir MOOS : None ABSENT : Schumacher ABSTAIN : None dp MO"I'IC:n PASSED C- CONDITIONAL USE PERMIT NO . 86- 11 On Ap 1 1 , 1986 , the Planning Commission contin::ed Conditional e Permit o . 86-11 to allow the applicant time to redesign the proposed econd unit addition . As an alternative to the or nal design , th applicant initially thcught that the second u could be accommoda ed in the rear yard of the lot . However , a or disc►�ssing th matter with her contractor , Mrs . MacHal jiscovered that adding the econd unit in the rear yard would b cost prohibitive. 1 An a second alternat ve , the applicant has prop ed to enclose the stairway in the 8 foot sideyard setback and a end the garage by 3 feet in order to visual block the stairva rota street view. Staff believes that the se nd unit shou be constructed in the rear half of the lot ( above a existi home ) in order to be compatible with other two sto horses in the neighborhood and to limit the visual impact on the rr nding neighborhood . THE PUBLIC HEARING WAS OPENED Judy MacHale , applicant , was resent t speak in support of the project . She explained th the additio was to house her retired mother . She felt that h wide lot would ccomodate the stairway and that her budget wou prohibit her from aking any extensive changes to her plans , owever she was willin to makes modifications. There were no othe persons to speak for or aga t the project and the public hFaring was closed . A MOTION WAS !BADE BY ROWP, SECOND BY WINCHELL, TO CO NUE CONDITIONAL USE PERMIT NO . 86-11 , TO THE MAY 61 1986 P NNING COMMISSION MEETING TO ALLOW THE APPLICANT TIME TO SUBMIT NEW PLAN, WHYCH WILL MORE CLEARLY DEPICT THE LOCATION Of THE STAIRWA BY TAE FOLLOWING VOTE : AYES: Rowe, Winchell , Livengood, Erskine , Porter , Mirjahang NOE$: None A88ENT: Schumacher ABSTAIN : None i lT N PA RD M nutor - 4/15/86 -ice 14741d) the Department of Development Services posters draft X"a:!►v Dec:*coltion No. 86-2 for ten da se and no cowrsntse eith trbal at written Vert receivedo the staff, in its initial st of the p ject , has toe,-:smnded that a negative declarst i issued Pr to an 15-2. action on tone Change No. 46-2 and nditional Use Perm No. it is noctssary for the Pla ng Comission to review act on Negative Declavoit ion No 0414 PUBLIC ING WAS OPENED The applicant req ted that th item be continued until a June meeting date . The licant , gent, John Cowles, was present at the mooting and waive a ndatory processing date. Thor* were no other per no event to speak for or against the project and the publ hearing s closed . A MOTION WAS MAD Y PORTER , SECOND IRSRINE TO CONTINUE ZONE CHANCE NO. 85- ONDITIONAL USE PERRI O . 86-2 TO THE JUKE 17 , 19SG PLANNING COM SION RE4TING 8Y THE PnLLO VOTE: AYES: Row*, Winchell , Schumacher , Live 4, trokine, Porter, Mi rjahang i r NOES: None ABS T: None A A11N: None MOTIONS PA$S60 C-2 me ISM RE -c "Ofirfal111f. 9" P! NTT No. 12*-21 (CONTINUED FROM Conditonal Use Permit No . 85-21 , ■ request to permit the storage and grinding of wood products (mulching operation) was approved by the Planning Commission on August 20, 1)85 . Since approval of Conditional Use Permit No . 85-21 , the applicant has failed to comply with nine conditions of approval . J.t the April 1 , 1986 Planning Commission meeting, the Conaission voted to continue this item for two weeks to allow the applicant an opportunity to comply with all applicable conditions of approval for Conditional Use Permit No. 85-21 . Or. April 15, 1986, the commission continued this item once again to permit the applicant additional time to comply with the conditions of approval . ENVIRONMENTAL STATUS: Negative Declaration No . 85-50 was adopted by the Planning Commission on August 20, 1985. The site has been identified as an Archeological sit*. PC Mtautes - S/6/66 0*2- TWE PUBLIC NIARINC WAS 4P!!4e0 There, wre no pecsons present to speak for or against the project and the public hearing was closed. Commissioners inquired if the installation of the raver tanks had been completod on the site. Staff responded that the tanks veto on site but had not been properly installed nor filled with water , therefore, there was still a Eire hazard . A NOTION WAS MADE BY MIRJAHANGIRi SECOND BY PORTER TO REVOKE CONDITIONAL USE PERMIT NO. 55-21 irI?m PINDINCS BY THE FOLLOWING VOTE: AYES: Rowe, Winchelt , Schumacher , Livengood, porter, Mirjahangir NOES : None ABSENT: Erskine (out of room) ABSTAIN : None MOTION PASSED FINDINGS FOR REVOCATION - CONDJTIONAI, USE PERMIT NO. 85 -21 : 1 . Since the approval of Conditional Use Permit No. 85-21 , on August 20 , 1985 ( 8 months ago ) , the applicant has not shorn good faith in complying with the conditions of approval within a reasonable amount of time . Non -compliance with the conditions of approval has created an unsafe situation which could result in property damage due to fire. 2 . The applicant has failed to coviply with two conditions of approval , listed below, within a reasonable amount of time, thus failing to fulfill his obligations under the approval of Conditional Use Permit No . 85-21 . a . The fence screening has been installed , however , a number of gaps in the screening still exist . b. The water tanks have been installed but without the availability of water, the danger of fire still exists . C-3 NDITIONAL USE PERMIT NO. 86-11 (CONTINUED FROM APRIL 15 1"61 On April 15 , the Planning Commission c:the ntinued Co nal Use Permit No . 86-11 u r; sy 6 , 1986 to allow a ant time to prepare revised plans . ttached site p epictx the stairs leading to the second unit abo ht as fully enclosed and the garage has been widened 1 fee idth. Staff feels this revised plan conforms to the ent of t de and ie reconwending approval . THE PUBLIC HEARI AS OPENED The &;g. nt was present and available for questions . PC Minutes - 5/i/86 ( 5103d) C-11 CONDITIONAL USE PERMIT NO. 15-21/NEGATIVE DECUMATION 00. IS-SA ADID119ANJI . - gott-or 's Free *o v ice Conditional Use Necwtt NO. 45-21 is a request to pecatt a mulcblag oatratton (storage and grinding of woad products ) on the sub Oct property Year period. the ou chin$ operation would primarily be used by Nouth*rn California Edison Tree Maintenance Personnel , the Clay of NUNtington beach Tree Maintenance pocsonnel Ind byAtfnapfi icaannicitc his mulching busts sea . The applicant is curront ope business on the subject property without city approval . SNV21-ONNENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Depactment of Development Services posted draft Negative Declaration No . eS-SO for ten days, and no comffnts , either verbal or written were received. The staff , in its initial study of the project, has recowended that a negative declaration be issued. A NOTION WAS MADE BY ERSKINE AND SECOND BY LIVENOOOD TO APPROVE CONDITIONAL USE PERMIT NO. 95-21/NEGATIVE DECLARATION NO. 85-50 WITH FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: AYES: Rowe, Winchell , Livengood, Erskine, Porter , Nirjahangtr NOES: None ABSENT: Schumacher ABSTAIN: None MOTION PASSED EINDINUS FOR APPROVAL FOR CONDITIONAL USE PERMIT NO. 05- 11 1 . The establishment , mainttnance and operation of the mulching operation will not be detrimental to: a . The general welfare of porsons residing or wotktnq in the vicinity. With the exception of the horse facility, the surroundinS properties are currently vacant , therefore will not affect residents ) b. property and improvements in the vicinity of such use . The surrounding properties are currently unimproved. 2 . The proposed mulching operation is consistent with the Ctty 's General Plan of band Use . 3 . The to sod mulching p P� g operation substantially complies with the requirements :yet forth in Section 9331 . 3 of the Ordinance Code . P.C. minutes 4/20/ES -21- �2ZI�d1 ' I J a�c��a�s ar �r�r�eo;+�, r� �roifi�a��►c. n�� �r�Ni�,. ssi � 1. A revised sit• plan shalt be submitted depicting the modifications 61sec ibed herein pr toc to issuance o; peratts : a. 60 ' deep paved entryway including a so high chain link cones inral•p+ CAting a 23 ' cut-off for site visibility . b, 6 ' high slatted or screened chain link fence parallel to edwards Strset , including the entryway to the mulching operation . 2 . Prior to issuance of building permits , the applicant shall submit the following plans: a . Landscape and irrigation plan to the Department of Development services and Public Works for cev iew and approval . 3 . The development shall comply with all applicable provisions of the Ordinance Code, auilding Code, and fire Code. 4 . On-atte fire hydrants or other moans of water access shall be provided in number and at locations specified by the lire Department . S . There shall be no outside storage of vehicles, vehicle portal I equipment or trailers. 6 . The applicant shall meet all applicable local , State, and Federal Fire Codes , Ordinances, and standards . 7 . Installation of required la,ndscaptng and irrigation systems shall be completed within twelve (12 ) months. 8. All signs shall comply with Article 976 of the Huntington !leach Ordinance code . 0 . Eire access lanes shall be sueintained . If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 10. The Planning Commission reserves the right to revoke this I Conditional Use Permit if Any- violation of these conditions of the Huntington Beach Ordinance Code occurs. 11 . Conditional Use Permit No. 65-21 shall expire two years from the date of approval . 12 . A bi-annual inspection shall be performed by the Drporta*nt of Development Services to determine, if violations of the conditions of approval have occurred, P.C. Minutes 8l20/05 (1204 1 - 13. Prior to the issuance of a Certificate to operate, the applicant shall obtain approval for the oulchtng avocation Cron the South toast AQN0. 10. Mulching shall be discontinued at such tine that the wind velocity exceeds 13 40. At such tine that the wind exceeds 13 mph, the mulch piles shall be watered down to mitigate possible air pollution. is. Access to the site from locations not approved by the Planning commission shall be prohibited. 16 . The applicant shall discontinue the use of the northerly property within ten days from the approval of Conditional Use Permit No. 85-21 . Future use of the northerly property as a mulching operation shall be prohibited unless a conditional use permit is approved by the Planning Commission. 17. The property owner shall rant an open space easement to the City over and across the 1 . 3 t acre parcel of land located to the west of the Edison subst4tion and delineated in the conservation and open space element and shown in the dolma Chica Linear Park boundary Study within 90 days from the date � of approval of Conditional Use Peratt No. 85-21. C-12 SPEC 1 SIGN PERMIT NO. 85-8 A ltc t : Southland Signs Special Sign Pat it No. 85-8 is a request to construct a 20 foot high , 09 square f t internally freestanding sign located at 7011 Warner Avenue appr imately 500 feet east of Goldenwest Street . The rro sed sign will c ntain 20 tenant co panels and will be located n alandscaped area . The retail center governed by Planned Sign Program No. 83-2 and o y cne, 25 foot high freestanding sign is allowed along the Warner venue frontage. ENVIROMMENTAL STATUS : I Pursuant to Section 153I1 , Cl as li (a ) of the Califocnia Environmental Quality Act Law and Guidelines 986, the proposed project is categocically exempt. THE PUBLIC HEARING WAS OPENED Greg Ptacek , representing Southland gns, spoke fn support of the proposal . Barney susstera, property manager of the developm►ento &poke in support of the proposal stating the center needs a at" for recognition. Walter dayarces, owner of Los Cabos Tacos i the center, spoke in support of the proposal . N.C . NiAates 4/20/65 -23- �► i do" hrlish JwW 3, low B" Him APPEAL TO THE pLANN I NO C�MI,I SS I OW S REVOCATION Of CON ITIONAL USE PERMIT NO. 85-21 NOT= IS KZUAY CIVO that the Nuntia*tos BwKh City Council will bald a public bearing in the Council Chmber at the Huntia,ton beach Ct Tic Ceuttrs t'M !fain Streets Hustingtoo Beach. Califoralas on the date amd at the time indicated belcv to receive and consider the statments of all ptrsoea who rash to be heard relative to the application dsscribei below. oArt: Monday, June 16. 1986 tom: 7: 30 P.M. APPL1C&TlON MMER: Conditional Use permit No. 85-21 - Appeal LOCATION: west side of Edwards streets aDDroximately 330 feet south of Ellis Ayenue 4i�: Appeal to the Planning Commission' s revocation of Conditional Use Permit No. 85-21 • a request tr Permit a mulching operation un the site. APPLICANT: Larry Rothman , Attorney at Law, on behalf of Cotter' s Tree Service DmIOMWAj, STATUS : the Cis:; �ounci l will also consider Negative Declaration No. 85-.)0 assessing the environmental effects of said operations. ON FILE: A copy of the proposed Conditional Use Permit is on file in the Departr*nt of Development Services . ALL m RESTED FIRS0Si are invited to attend said ?searing and express opiaioaa or submit evidence for or against the application as outllned above. All applications, exhibits, and descriptleas of this proposal are on file with the Office of the City Clerk, 2000 !lain Street, Nuotiagcoa Beachs Califoralas for lnspection by the public. NCKTLWGTON 1fACH CITY COUNCIL By% Alicia H. Wentworth City Clerk ?boa* (714) 536- 5405 DATE D: June 2s 1966 '—2-b Dates June 21 1944 MOTZCS OF VS&IC N&ARi10 M&PITtONAL USE PERMIT No. 85- 21 _- APPEAL ( Appeal .to the. .Planning Commission 's Revocation of Conditional Use Permit No . 8541 )__.___ ..NGTIC IS HEREBY GIVEN that the Huntington Beach City Council will 9 Y hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street , Huntington Beach , California , on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below . i . DATE/,TIME. .Tune 16 , . 986 - 7 . 30 PM APPLICATION NUMBER : Conditic•nalr Use permit No . 85- 21 - Appeal APPELLANP : Larry P4$thman . feir Cotter ' s Tree Service LCC�N: nest side of Edwards Street , approximately 310 feet south of Ellis Avenue ZONE : RA-0 (Residential Agricultural-Combined with Oil Production REQUEST: Appeal to the Planning Commission ' s revocation of Conditional Use Permit No . 85- 21 , a request to permit a mulching operation on the site . r ENVIRONMENTAL STATUS: Negative Declaration No . 85-50, was aide ed�-Dr ,•�•� - Y r. the planning Commission--an Augus3t -20 , ONE: A copy of the proposed Conditional Use Permit is on file in the Department of Development Services, 2000 Main Street , Huntington Beach, California 92648, for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call. Michael Strange, Associate Planner at 536-5271 . James W. Paling Secretary Huntington Beach Planning Commission (5319d ) 11�O1���f w taAers fee* fervLae, UP La It�thwaa r 0 so. calif. 11"a a Co. 10462 court 6trs�t 1416 $each slvd. P.Q. ftX 2217 F*a. fux 772 suits 100 221 &Mt,h BCCK*heur$t stantm? CA 90690 W estninister, CA 22663 Fullerton, CA $2633 X1�i�018•'i4 ,3S, 4e W.R. Grace Properties Inc. Huntington beach Copan signal Ca� fiiV s nies Inc. AT Robert Loranx Prop. flax, P.O. Pox 761� ATTt D.G. Nahin 114 Ave. of the Americas San Francisea, CA 94120 Irvine, CA 92714 Now York, NY 10026 110-015-57,58 110-015-60,61 110-015-62 110-015-66 Huntington Pacific Corp. City of Huntington Beach Signal Dolma Corp. 2 110 Main St. P .O. Sox 190 17890 sky Park Blvd. Huntington Beach , CA Huntington Beach, CA Lrvine, CA 92714 92648 926.1E 110-190-01 110-190-02003 Julian Hathaway .Muriel Johnson P .O. Box 3404 2387 3E Via Mariposa Santa Fe Springs , CA West Laguna Hills , CA 90670 92653 i