HomeMy WebLinkAboutConditional Use Permit 85-21 - Cotter's Tree Service, Inc - (11) Aultlprrtea to 4ub►,An Ap.Nl,NRVAP11 Of h01 IftOV01I p�,DrK
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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
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staff 11eport - 4/15/66 -5.. I46346)
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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
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HUNTINGION NOAft C4•FORNIA Conditional Use Permit Ito. t S--21
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'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
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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