HomeMy WebLinkAboutConditional use permit 86-30 - Negative Declaration 86-42 - IVE
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To Charles W. Thompson James W. Palin, Director
City Administrator t0 Development services
Subject CANDITIONAI. USE PERMIT bate November 17 , 19866v*tjL, MYti
NO. 86-30 - APPEAI. "e"'AM VY #W
AGENDA ITEM NO. D-la
GdNDi VoNs 6
At the November 3 , 1986 City Council meeting, the Council voted to
continue the appeal of Conditional Use Permit No . 86-30 to the dl`►fiwJ
November 17, 1986 City Council meeting to allow staff additional
time to work with James Lumber and to contact Southern Pacific
Railroad regarding dedication of Warner Avenue .
Staff has contacted Southern Pacific Transportation Company
regarding dedication of Warne- Avenue. On November 10 , 1986 , the
Department of Development Services received a letter from Richard J .
Carlson, Senior Sales Representative, indicating that his company is
willing to dedicate Warner Avenue to its full 120 foot width.
Based on this information , the staff is recommending approval of
Conditional Use Permit No. 86-30 by retaining all previously ,
approved conditions and altering the following conditions , as
discussed by the Council :
12. A six foot high slatted chain--link fence shall be constructed
along Warner Avenue for the purpose of screening the site
landscaping including trees shall be planted adjacent to the
slatted chain-link fence within 90 days of approval . The
landscaping and chain- link fence shall be located within the
applicant ' s lease area .
16. An all-weather surface shall be provided on the 30 foot alley
located at the east end of Cedar Avenue within 90 days of
dedication by the property owner .
The staff is also recommending that the following condition he
adopted by the City Council :
An all-weather surface shall be installed adjacent to Warner
Avenue to mitigate soil and dust problems created by truck
traffic turning onto Warner Avenue from *he site. The specific
type of surface shall be subject to the approval of the Fire
Department and Department of public Works.
JWP:MS: tl
( 6670d)
Attachments:
1 . i.etter to South Pacific Transportation Company dated
November 5, 1966 .
2. letter from Southern Pacific Transportation Company dated
November 6 , 1986.
i
CITY OF HUNTINGTON BEACH
P.O. 80X 190 CALIFORNIA 9764E
DEPARTMENT OF DEVELOPMENT SERVICES
sUILDINQ DIVISION(7141 S,1 4241 ►LAMMIKI DIVISION 47141 SX-S271
Nov-imber 51 1906
Mr . Dick Carlson
Southern Pacific Transportation Co .
17890 Castleton Street , Suite 380
CiLy of Industry, California 91'148
Dear Mr . Carlson :
On November 3, 1986 , the Huntington Beach City Council reviewed the
appeal filed by James Harrington for CUP 86- 30 . As you are aware,
Mr . Harrington is appealing eight ( 8) of the Conditions of Approval
imposed by the Planning Commission on September 16, 1986 .
After lengthy discussion of the appeal the Council voted to continue
this item for two weeks ( November 17, 1986 ) to allow staff
additional time to work with Southern Pacific regarding dedication
of Warner Avenue and bonding with the City for future street
improvements . It is apparent that the City Council would like
Southern Pacific to voluntarily dedicate that portion of Warner
Avenue for street purposes to improve the traffic safety on Warner
Avenue .
Please discuss this matter with your Company and provide me with
your written response as soon as possible .
Your cooperation in this matter is greatly appreciated .
Sincerely ,
jI Li-'O-cp
1
Michael Strange
Associate Planner
MS : tl
( 6610d )
Tran 110tum Cm.,ny
015met Sales oma
17M CastMtan Street • Stole 390 a City of Inousdy,Cahlarua 9r 4e
1916,912.2"2 a 1213►629 6225
►..r..* .1 r.N more"to
L-6-James Limber Co.
November 6, 1936
Mr. Michael Strange
Associate Planner
City of Huntington Beach
P. 0. Box 190
Huntington Beach , CA, 92648
Dear Mr. Estrange :
Refers to your letter of November j, 1G3c on action
taker. t;; The Hu_ t.in;ton Beach City Council on Nov. 3, pe r--
tainins to permit in favor of James Lumber to off-load azd
store lumber in the v_cinity of ou,: rail tracts and Warr_er
.venue
'rush to advise , plams are now being proposed for allow-
anco, of full 120 Width o_ garner Ave . Our Engineering Dept .
at Los Angeles IS workinc- :Jith Mr. Paul Cook , Director of
abl:_c 'forks . �:lso Mr . Les Evans , C;,ty _Erc'_n ear in this regard. .
see no reason, for del.a,: to ;slue J€lmes
L-.mber Co . pe=it for s-.: ject operation.
Sincerely ,
RICHARD CARLSON
Senior S les Representative
cc : Mr . Jim Harr ington
Janes Lumber Co .
P. 0. Box 183
Huntington Beach, CA . 92647
Mr. Jack Stewart J
Engi.net3ring Dept .
Southern Pacific Trans, Co.
610 S. Elair! Street
Loa Angeles, CA. 9W14
Mr. S. G. Lautsch - AVP - Sales Us Angeles
HJC/bb
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Av*dw1m 10 IIw~AAre►l►W►MIS of MI 1IM9►If1C p YNIIMC
rre 1 Court of Or Cew+t •
IKaU by Drt:ree o the Superior C tMaa �
cakfe►nle. Number A•a?14, 081ed ?e seplwnb+r
A•?eu 1, dew 1 1 Ju►M. 1963
STATE OF CALIFORNIA •'�y'� i
County of Orange PWOK NOWA Aha..•rwy cMOd `Y
010 10 Ka to%~WNW V
:q s
Y�
I am a Cittien of the United States and a resident of
the County aforesaid; I am over the age of ephteen
years• and not a party to or interested in the below
untitled mutter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which 1s combinod the
NEWS-PRESS. a newspaper of general circulation,
printed and published 1n the City of Costa Mm.
County of Orange, State of California, and that a r
Notice of PUBLIC HEARING
of which copy attached hereto 1s a true and complete
copy, was printed and published 1n the Costa Mesa,
Newport Beach, Huntington Beach, Fountain Valley, r
j Irvine, the South Coast communities and Laguna '
Beach issues of said newspaper for ONE .TIME
x111111Aa11M to wit the issue(s) of
' I
October 16 198 6_
t 98
t fae_.._ •,
Y toll
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on A c t o b f r 16 198 6
t eea, California.
2
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Slgrteture y,/
? 4` POW OF l�1�i1.ICA�IOM
PECITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE Of THE CITY CLERK
December 1, 1986
James A. Harrington, President
Jame,j Lumber Company
17311 Nichols Street
Huntington Beach, CA 92647
Attached is a Statement of Action of the City Council of the City of
Huntington Beach pertaining to the action taken on November 17, 1986
relative to your appeal on Conditional Use Permit 86-30.
If you have any questions please call the Develnpoent Services Depart-
ment - 336--5271.
Alicia M. Wentworth
City Clark
AXW:CBies
Enclosure
cc: City Attorney
Development Services Director
tTrM�r�;11sd�lil
ST,ATEWXT OW ACTION OF TU CITY COUNCIL ..
Council Chamber, City Hall
Huntington Beach, California
?Monday, November 17, 1986
Major Mandic called the reg!:lar meeting of the City Council of the City of
Huntington Beach to order at 7:30 P.M.
ROLL Cul
Present : Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas
Absent : None
PUBLIC Hl!,AF.= - WNDITIONAL USE PERMIT 86-30 - "PROVO AS AWDED -- JAMES
Maw Co
The Mayor announced that thin was the day and hour set for a decision on a
public herring closed November 3, 1986 to consider an appeal filed by James
Harrington, President of James Lumber Company, to the Planning Corission's
conditions of approval of CUP 86-30, a request to permit the temporary storage
of lumber pursuant to S . 9331.3, unclassified uses of the Huntkngton Beach
Ordinance Code.
Mayor Mandic stated that the public hearing was closed November 3, 1906 with
decision deferred pending a meeting between appellant, staff and Pacific Elec-
tric Railroad Company.
Mayor Mandic stated that Negative Declaration 86-42 was approved by the Plan-
ning Commission on September 16, 1986.
Jim Palin, Director of Development Services informed Council that they had
been provided with copies of a letter from Southern Pacific Transportation
Company dated November 6, 1986 regarding dedication of Warner Avenue. Mr.
Pali.n stated that Council had also been provided with a copy of a memo dated
November 17, 1986 from the Development Services Department recommending modi-
fication to the conditions of approval of Conditional Use Permit No., 86-30 and
that the sppellan'. concurred with the stipulations.
Councilwoman 3ailey stated she would abstain from vnting on the rattan because
of a possible conflict of interest.
A motion was made by Kelly, seconded by MacAllister, to approre Conditional
Use permit No. 86-30 with findings and conditions as follows:
FSadimts for Approval: '
1. The establishment, maintenance and operation, of the use will not be
detrisimatal to:
4
a+ The general welfare of persons reoL41mg or working In the viclUtyi ?:
the lumber storage lard is compatible with e3d@tLag basinese in the
or" which are industrial.
Page 2 - Statemeat of Action of the City Council
b. Property and iaprovwwats in the vicinity of the lumber storage yard.
2. The granting of the conditional use permit will not adversely affect the
General Plan of the City of Huntington Beach which is general industrial.
3. The proposal is consistent with the City'■ General Plan of Land Use which
permits industrial uses of this type.
Conditions of Jpproval:
1. A revised site plan shall be subeitted depicting the modifications des-
cribed herein:
a. 24 foot access from Warner Avenue for fire vehicles only.
b. Access route from site, through existing lumber yard. to Nichols
Street.
c. Location of lumber stacks, including setbacks and fire lanes.
d. Location of the security guard shack and the on-site parking spaces.
2. Lumber shall not exceed 16 feet in Height pursuant to Section 9530. 15 of
the Ordinance Code.
3. Within 90 days from approval, the applicant shall submit the followinF,t
a. Landsr:ape and irrigation plan to the Department of Development Ser-
vices and Public Works fur review and approval.
4. The development shall comply with all applicable provisions of the Ordi-
nance Code, Building Division, and Fire Department.
5. On-site fire hydrants shall be provided ±n number and at locations spacl-
f1_ed by the Fire Department .
I
6. Fire lanes shall be provided on site as required by the Fire Department.
7. Access from Warner Avenue and the alley adjacent to Cesar Avenue shall be
limited to emergency access only.
8. A re-lev of the use shall be conducted within sir (6) months of the date
of thin approval to verify compliance with all conditions of approval and
the Huntington Beach Ordina►:ce Code. If, at that time, there is a viola-
tion of these conditions nr code sections, Conditional Use Pettit No.
86-30 may becume null and volO.
9. The lumber storage: yard shall oot be open to the general public for
retail sales.
10. pirs access lanes shall be maintained. If fire lnne violstioas occur and f,
the services of the Pit* Departmimt are roquired, the applIrA mt will be
liable for expwewa i'cetsad.
11, '+fie applicsat $ball install a six (0) toot high chars link fence areemd r
the erica, gad aball sersea this femee adjacent to Cndar Av mw.
Page 3 - Statevent of Action of the City Council
12. A six foot high slatted chain-link fence shall be constructed along .
Warner Avenue for the purposes of screening the alto. Landscapiago
including trees shall be planted adjacent to the slatted chain-link fence
within 90 days of approval. The landscaping and chain-link fence shall
be located within tits applicant's lease area.
13. The applicant shall obtain a certificate to operate from the Department
of Development Services pursuant to S .9730.dO of the Ordinance Code.
14. An all-weather surface shall be provided as required by the Fire Depart-
ment and Public Works. '
15. Concrete approaches shall be installed adjacent to Cedar and Cain as
required by the Department of Public Works.
16. An all-weather surface shall be provided on the 30 foot wide alley
located at the east end of Cedar Avenue within 90 days of dedication by
the property owner.
17. The Planning Commission reserves the right to revoke t' :onditional use
per+ait if any violation of these conditions of the HUUL ion Beach Ordi-
nance Code occurs.
18. Approval of Conditional Use Permit No. 86-30 shall `je for an i3itial
period of twu (2) years pursuant to Section 9331.3(a) of the Ordinance
Code.
19. Warner Avenue shall be dedicated within 60 days from the approval of Con-
ditional Use Permit 86-30 and improved as required by the Department of
Public Works.
20. Semi-trucks shall be limited to "right turns only" onto Warner Avenue and
shall also be limited to a maximum of six trips per day.
21. Prior to the use of Warner Avenue for semi-trucks (exiting or right turns
only) , the applicant shall obtain approval from the Public Utilities Com-
mission.
22. An all-weather surface shall be installed adjacent to Warner Avenue to
mitigate soil and dust problems created by truck traffic turning onto
Warner Avenue fror the site. The specific type of surface shall be sub-
ject to the approval of Lhe Fire Department and the Department of Public
Works.
The notion carried by the following roll call vote :
AYES : Kelly, MacAllister, Finley, Mandic, Green, Thomas
NOES: None
ABSTAIN: Bailer
ABSENT: None
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Page 4 - Statement of Action of the City Council
Mayor Kandie adjourned the regular meeting of tha City Council of the Uty of
Huntington Beach at 11t10 P.M.
ATTEST: Alicia M. Wentworth
City Clark an erof elo Clerk
of the City Ccaacil of the City
of Huntington ]Wachs California
STATE OF CALIFORNIA )
County of Orange )
City of Huntington beach)
Is ALICIA M. WENTWOKTH, the duly elected and qualified City Clerk of
the City of Huntington Beach, California, do hereby certify that the above and
foregoing is a true and correct Statement of Action of the City Council of
said City at their regular meeting held on the 17th day of November, 1986.
WITNESS ■y hand and seal of the said City of Huntington Beach thin;
the lot day of December. 1986.
Alicia M. Wentworth
City Clark and ax-olficLo Urrk
of the City Council of the City
of Huntington deachs California
Deputy
1CITY OF "tMT1 a &H
44 INTER-DEPARTMENT COMM 7iare:z
ON
�vr•w4+
To Charles W. Thompson W. Palin, Director
City Administrator ,� Development Services
te ...w«.w .w A•• .r ti. ...
Subject `""� r0iDI'fIOtNAL tiSE PERMITT Date November 17 , 1986
NO. 86-30 St APPEAL
AGENDA ITEM NO. D71t
At the November 3 , 1986 City Council meeting , the Council voted to
continue the appeal of Conditional Use Permit No . 86- 30 to the
November 17 , 1986 City Council • meeti„g to allow staff additional
time to work with -James Lumber and to contact Southern Pacific
Railroad regarding dedication of Warner Avenue .
Staff has contacted Southern Pacific Transportation Company
regarding dedication of Warner Avenue . On November 10 , 1986, the
Department of Development Services received a letter from Richard J .
Carlson , Senior Sales Representative, indicating that his company is
willing to dedicate Warner Avenue to its full 120 foot width .
Based on this information , the staff is recommending approval of
Conditional Use Permit No . 66-30 by retaining all previously
approved conditions and altering the following conditions , as
,. discussed by the Council :
12 . A six foot high slatted chain-link fence shpill be constructed
alona Warner Avenue for the purpose of screening the site
landscaping including trees shall be planted adjacent to the
slatted chain-link fence within 90 days of approval . The
landscaping and chain-link fence shall be located Within the
applicant ' s lease area .
16 . An all-weather surface shall be Provided on the 30 foot alley
located at the east end of Cedar Avenue within 90 days of
dedication by the property owner .
The staff is also recommending that the following condition be
adopted by the City Council :
XAn all-weather surface shall be installed adjacent to Warner
Avenue to mitigate soil and dust problems created by truck
traffic turning onto Warner Avenue from the site . The specific
type of surface shall be subjrct to the approval of the Fire
Department and Department of Public Works .
.JWP s MS: tl
( 66706) II
Attachments :
ttet to South Pacific Transportation Company dated
povearbtr S, 1586 .
2. Letter from Southern pacific Transportation Company dated
November 61 1986 .
Z..
%IM -
Tran Company
(111)112.3"2 . m3)v%4M
u6-Jazses Lumber Co.
November 6, 1986
Mr. Michael Stran6e
Associate Planner
City of Hunt iwgt on Beach
P. 0. Box 190
HuntinL#on reach , CA. 92648
!
Dear Mr. Strange :
Refers to your letter of November 5 , 1936 on action
talker. 1..7 The iaa:=arton Seam City Council on Nov. ?�, pef-
taiNing to ne==t in favor o: James Luber to off-load and
store lumber in the v;cirity of our rail tacks and 'wla^ner
Avenue
snto aMti=sp , pla:s are now being proposed for allow
I
_
ante of 'full le^O ' width o Narne= Ave . Our .o.=iaeer=m-6 Dept .
!
at Los Laceles _s with. Mr. Paul Cook,. _recto= o±'
:'1tiJli C irl0l'k5 �+I� v g..e _ Fes_ a...t
. also .. • r�s ..r� r , C_ IrJ ......�. �...► V is • ..� r •
+Z :emsf :'- a , see no reason for de12-: :o :ssup James
L=ber Co . aeryit for s::t ject oper atio^ .
ince.ely,,
` lL.�_
sc CARLSON
Senior les Representative
cc : Mr . Jim Harrington
Janes L=ber Co .
l'. 0 . Box 1133
denting`om Beach, CA. 92647
?1r. Jack Stewart
LuSineering Dept .
Soutbera Pacific Trans. Co.
610 S. Hain St re e t
Los Angeles, CA, qW 14
fire S. 0. Lautseb - AVP - Sales - Lou Angles
a
WC/bb
a
CITY OF HUNTINGTON BEACH
P.O. box 190 CALIFORNIA 92M
DEPARTMENT OF DEVELOPMENT SERVICES
wILDOWd DIVISION (7144 9"41 PLANNING DIVOOM 17149 0364M1
November 5j 1986
Mr . Dick Carlson
Southern Pacific Transportation Co.
17890 Castleton Street , Suite 380
City of Industry, California 91748
Dear Mr . Carlson:
on November 3, 1986 , the Huntington Beach City Council reviewed the
appeal filed by James Harrington for CLIP 86-30. As you are aware ,
Mr . Harrington is appealing eight ( 8 ) of the Conditions of Approval
imposed by the Planning Commission on September 160 1986 .
After lengthy discussion of the appeal the Council voted to continue
this item for two weeks ( November 17 , 1986 ) to allow staff
additional time to work with Southern Pacific regarding dedication
of Warner Avenue and bonding with the City for future street
improvements . It is apparent that the City Council would like
Southern Pacific to voluntarily, dedicate that portion of Warner
Avenues for street purposes to improve the traffic safety on Warner
Avenue .
Please discus; this matter with your company and provide me with
your written response as soon as possible .
Your cooperation in this matter is greatly appreciated .
Sincerely,
Nit �-.�....�
� 1
Michael Strange
Associate Planner
MS: tl
( 6610d )
REQUEP , 111C0UNC ACT10N
• �1�..ul,•1,
DeftcNoyemhtr 3, 1986
Subminsd to: Honorable Ma o` wd- City FQu�tc ,_
Charles W. Thompson, � l ordW
Subaft*1 by:
Prt�rttrd by
James W. Palin , Director , Development Service466'w
Sub*t: APPEAL TO THE CONDITIONS OF APPROVAL OF CONDITIONAL USE
PERMIT NO. 86-30, A REQUEST TO PERMIT THE TEMP RARY
STORAGE; OF LUMBER I
13� ,
ConWistrnt with Council Policy? X Yes I l New Policy or Excwian
i
Strtenw i of two, RecommwWation, Analysis, Fundinq Source, Ahernstive Actiarw, Attschnonta:
` STATEMENT OF ISSUE :
Transmitted for your consideration is an appeal by James Harrington
of James Lumber Company to the conditions of approval of Conditional
Use Permit No. 86-30, a request to permit the temporary storage of
lumber pursuant to Section 9331 . 3, of the Huntington Beach Ordinance
Code .
RECOMMENDATION:
The Manning Commission and staff recommend that the City Council
uphold the approval of Conditional Use Permit No . 86-30 and retain
the conditions of approval adopted by the Commission on September
16 , 1986.
Planning Commission Action on She rember 16 , 1986 :
ON MOTION BY WINCHELL AND SECOND BY PORTER CONDITIONAL USE PERMIT
NO. 86-20 WAS CONDITIONALLY APPROVED BY THE FOLLOWING VOTE WITH
FINDINGS AND CONDITIONS:
AYES: Rowe , Winchell , Pierce, Livengood , Erskine, Porter ,
Mirjahangir
NOES: None
ABSENT: None
ABSTAIN: None
0
FINDINGS FOR APPROVAL:
1 . The establishment, maintenance and operation of the use will
not be detrimental to:
a . The general welfare of persons residing or working in the
vicinity ; the lumber storage yard is compatibie with
existing business in the area which are industrial .
b . Property and improvements in the vicinity of the lumber
storage yard. 1
2 . The granting of the conditional use permit will not adversely
affect the General Plan of the City of Huntington Beach which
is general industrial .
3 . The proposal is consistent with the City 's General Plan of Land
Use which permits industrial uses of this tyiie .
f CONDITIONS OF APPROVAL:
1 . A revised site plan shall be submitted depicting the
modifications described herein:
a . 24 foot access from Warner Avenue for fire vehicles only.
b . Access route from site, through existing lumber yard to
Nichols Street .
c. Location of lumber stacks , including setbacks and fire
lanes .
d . Location J the security guard shack and the on-site
parking spaces .
2 . Lumber shall not exceed 16 feet in height Pursuant to Section
9530 . 15 of the Ordinance Code .
3 . Within 90 days from approval , the applicant shall submit the
following:
a . Landscape ane irrigation plan to the Department of
Development Services and Public Works for review and
approval .
4 . The development shall comply with all applicable provisions of
the Ordinance Code, Building Division , and Fire Department .
5. On-site fire hydrants shall be provided in number and at
location, specified by the Fire Department .
i
I
XCA - 11/3/ !6 (6513d)
6. Firer lanes shall be provided on site an required by the Fire
Department .
7 . Access from Warner Avenue and the alley adjacent to Cedar
Avenue shall be limited to emergency access only.
8. A review of the use shall be conducted within six ( 6 ) months of
the date of this approval to verify compliance with all
conditions of approval and the Huntington Beach Ordinance
Code . If , at that time , there is a violation of these
conditions or code sections , Conditional Use Permit No . 86-31
may become null and void .
9 . The lumber storage yard shall not be open to the general public
for retail sales .
10 . Fire access lanes shall be naintained . If fire lane violations
occur and the services of the Fire Department are required, the
applicant will be liable for expenses incurred .
11 . The applicant shall install a six ( 6 ) foot high chain link
fence around the site, and shall screen the fence adjacent to
-edar Avenue .
12 . A six foot high block wall shall be constructed along Warner
Avenue for the purposes of screening the site . Landscaping ,
including trees shall be planted adjacent to the block wall
within 90 days of approval . The Landscaping and block wall
shall be located within the applicant ' s lease area .
13 . The applicant shall obtain a certificate to operate from the
Department of Development services pursuant to 5. 9730 . 80 of the
Ordinanr3 Code .
14 . An all-weather surface shall, be provided as required by the
Fire Department and Public Works .
15 . Concrete approaches small be installed adjacent to Cedar and
Cain as required by the Department of Public Works .
16 . The 30 foot wide alley located at the east end of Cedar Avenue
shall be paved within 90 days after dedication by the property
owner ,
17 . The Planning Commission reserves the right to revoke this
conditional use permit if any violation of these conditions of
the Huntington Beach Ordinance Code occurs .
10 . Approval of Conditional Use Permit No . 86-30 shall be for an
initial period of two ( 2 ) years pursuant to Section 9331 . 3 (a )
of Lhe Ordinance Code.
RCS! - 11/3/86 y-3- ( 6513d)
I
19 . Warner Avenue shall be dedicated within 60 days from the
approval of Conditional Use Permit 86-30 and improved as
required by the Department of Public Works .
20 . Semi-trucks shall be limited to "right turns only ' onto Warner
Avenue and shall also be limited to a maximum of six tripe per
day.
21 . Prior to the use of Warner Avenue for semi-trucks (exiting or
right turns only ) , the applicant shall obtain approval from the
Public Utilities Commission .
ANALYSIS :
Conditional Use Permit: No . 86-30 is a request by the applicant to
permit the temporary storage of lumber on the south side of Warner
Avenue approximately 200 feet east of Palmdale Avenue pursuant to
Section 9331 . 3 of the Ordinance Code . This section permits
temporary uses such as lumber storage , contractor storage yard and
mulching operations for an additional period of two years upon
approval of a conditional use permit by the Planning Commission .
The applicant established the temporary storage yard without first
obtaining a conditional use permit from the Planning Commission . Yn
its approval of Conditional Use Permit No . 86-30, the Planning
Commission adopted twenty-one conditions of approval for the
temporary lumber storage yard . The appellant James Harrington is
appealing eight of these conditions of approval . These conditions
are as follows •
1 . a . Twenty-four foot access from Warner Avenue for fire
vehicles only.
7 . Access from Warner Avenue and the alley adjacent to Cedar
Avenue shall he limited to emergency access only .
10 . Fire access lanes shall be maintained . If fire lane violations
occur and the services of the Fire Department are required , the
applicant will be liable for expenses incurred .
11 . The applicant shall install a six ( 6 ) foot high chain link
fence around the site , and shall screen the fence adjacent to
Cedar Avenue .
12. A six foot high block wall shall be constructed along Warner
Avenue for the purposes of screening the site . Landscaping,
including trees shall be planted adjacent to the block wall
within 90 .lays of approval . The landscaping and block wall ,
shall be located within the applicant ' s lease area .
i
15 . Concrete approaches shall be installed adjacent to Cedar and
Cain as required by the Department of public Works .
RCA - 11/3/86
i
16 . The 30 foot wide alley located at :he east end of Cedar Avenue
shall be paved within 90 days after dedication by she property
owner .
19 . Warner Avenue shall be dedicated within 60 days from the
approval of Conditional Use Permit 86-30 and improved as
required by the Department of Public Works .
At�ached for the Council 's review is the appellant 's letter of
appeal indicating his reasons for appealing the Planning
Commission 's conditional approval of CUP 86-30 .
The staff has reviewed the conditions of approval appealed by the
applicant for CUP 86-30 . It has been determined that each of the
appealed conditions is necessary for a safe and functional operation
of this temporary storage yard. All the fire conditions had been
reviewed and recommended by the Fire Department to be adopted by the
Planning Commission . The Public works Department has indicated that
dedication and street improvements on Warner Avenue are warranted at
this time . Other appealed conditions of approval are necessary for
this project for the purpose of screening the use from adjacent
public streets and to create a more aesthetically pleasing
environment for this temporary storage facility. The ube of
landscaping and a masonry wall along Warner Avenue will soften the
southern elevation of the storage yard from Warner Avenue .
FUNDING SOURCE:
Nut Applicable
ALTERNATIVE ACTIONS :
1 . Modify conditions 12 and 16 as follows :
12. Install a 6 ' high slatted chain link fence with, intensified
landscaping in lieu of a 6 ' high block wall along Warner
Avenue .
16 . Install all-weather surface on unimproved alley located on
the east end of Cedar. Avenue in Heu of street
improvements . All-weather surface shall comply wit Fire
Department regulations.
2 . Deny the Conditional Use Permit No . 86-30 based on the
following findings :
a . The establishment of a lumber storage vard on the property
will be detrimental to:
o The general welfare of persons resident and working in
the vicinity due to the intensity of the proposed use .
o Property And improvements in the vicinity of the
proposed lumber storage yard.
RCA - 11/3/86
0
&TTACONSNTB:
1 . Letter of appeal received and dated September 24, 1966
1 . Staff report dated September 16, 1966
3. Letter received and dated October Z, 1986 from Public Utilities
Commission
4 . Letter to Public Utilities Commission dated September 9, 1986
S. September 16 , 1986 Planning Commission minutes
JWP: SMS : jr
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RCA - 1113186
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2000 IMci 111 Street
liltllt Illlltfill beach. CA 112114M
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JAMES LUMMKR CON
�. 17311 NICHOLS aTI1EET • HLNMTINGTON GZACH, CA.9M7
P.O. box lies
1714) $47-8611 - 17141640.1121
September 23, 1986 '
City Council
City of Huntington Beach
Ref: Appeal the Planning Commission Conditional Use Permit 086-30
Dear Sirs:
.lames Lumber Company (JLC) Wishes to appeal the Planning Comission's
Conditional Use Permit #86-30 as follows:
Conditions of Approval:
1 . a . 14 foot access from Warner Avenue for fire vehicles only.
This condition conflicts with condition #20 in that con-
dition #20 allows existing property on to Warner Avenue
with a right turn only.
Access from Warner Avenue and the alley adjacent- to Cedar
Avenue shall be limited to emergency access onl .
This condition again conflicts with condition 020 as stated
above. In regards to the alley adjacent to Cedar Avenue
there is now no alley. There is an unimproved 15 font wide
strip of land owned by the city of Huntington beach.
JLC has no need to use this strip for access in or out of
our leased land. This strip of land is 150 feet south of
our property and has no relation to it . We intend ontering
our property from James Lumber Company's existing yard and
exiting the property on Cain Avenue or Warner Avenue.
10. Fire access lanes shall be maintained. If fire lane
violations occur and the services of the fire department
are required , the applicant will be liable for expenses
incurred.
This condition should further read: that if no fire laaa
violations occur and the services of the fire department
are required the applicant will not be liable for expenses
incurred.
I 1
; 1 . The applicant shall screen the fence a;jazent to Cedar AyeM.
� i
As stated above JLC property is 150 feet from the strip of
land adjacent to Cedar Avenue. it is unreasonable to screen
and impossible. We aesu+ws the planning commission wants a
fence across this area with slats for screening. Thie con-
dition is totally ambiguous. This condition makes it impossible
for an emergency access.
12. A six foot block wall shall be constructed along Warner Avenue
for the purposes of screening the site. Landscapin iacludia�
trees shall be Planted adjacent to the block wall within 90 days
of approval. The landscaping and block wall shall be located
within the applicant's lease area.
Requiring JLC to construct a block wall along Warner Avenue
for purpose of screening is an unreasonable expense for a
temporary use. This screening wall is 200 feet from Warner
Avenue. People driving by on Warner at 35 to 45 miles per hour
are not going to look down the railroad right-of-way 200 feet
at any block wall. JLC suggests a slatted chain link fence
with a 5 foot landscaping will be more than adequate for screen-
ing. The landscaping requirement alone is an additional $1000
for now we must install a 3/4 " water service to maintain the
landscaping plus the estimated cost of $700 to $800 for the land-
scape materials and planting. In condition eleven the planning
commission asks for a slatted fence for screening and in this con-
dition a block wall. There is no difference except lets spend
some more money.
15. Concrete approaches shall be installed adjacent to Cedar and Cain
Avenues as required by the Department of Public Works.
JLC objects to this condition in regards to Cedar Avenue. It is
unreasonable to ask JLC to spend $1200 to $1500 to install a
concrete approach across a 15 foot strip of land that has no
connection to our property. In regards to Cain Avenue, if it is
decided to use Cain Avenue for access to our property then and
only then .TLC will install a concrete reproach to protect the
pavement .
16. The 30 foot wide alley located at the: east and of Cedar Avenue
shall be paved within 90 days after dedication-by- the ro ert
owner.
This condition is totally unreasonable in that JLC has no intent-
ion of using Cedar Avenue for any reason. At present there is
a 15 foot strip of unimproved land not 30 foot. If the city wants
a 30 foot alley to serve the vacant property to the south of our
leased property then it should be a requirement of the adjacent
property owners, the future users of the vacant property to the
south of ours , or the city's and not JLC's. The fine deprrtwent
states they want another access to our property and they bare
i
two additional access@#. One through .Ji.,C's present yard mW
the othor through Ideal Pallet's present yar4. nip is a alaaaie
came where the city wants the first user , cur property ow er, or
developer of property to fulfill all the permanent Loprowensts
of an entire area , even tho#e unrelated to the subject property.
It this condition is upheld, then JLC wants a one hundred percent
reimbursement agreement from the city in writing that when the
property to the south of ours is put to use this property user
or owner will reiaburme JLC for this expense plus interest.
19. Warner Avenue shall be dedicated within 60 dUs fro■ the approval
of Conditional Use Permit 86-30 and improved as required by the
Department of Public Works.
The planning department has already contacted the property owner
Southern Pacific Railroad and has been told repeatedly that they
will not dedicate or improve Warner Avenue yet this condition
rewrins, thus the project can not go forward.
i
This is an unreasonable request for a temporary use permit.
Mr. Palin, Director of Planning Department , stated at the planning
commission meeting on September 16, 1986 that this is mtandard
and always a condition for conditional use permits. This is not
true. It may b ! a condition. If it is impossible to accomplish
then why make it a condition? If Mr. Palin and the City of
Huntington Beach want Warner Avenue improved fro■ Gothard to
Beach Blvd. then why don't they get it done once and for all.
The city should form an assessment -listrict and purchase all
the remaining properties and improve the entire street at one t1me.
At the rate its going it will take years. There are two churches
that must be relocated anti over twenty other private propertis9.
Unless you have them All, you only create a very unsafe condition.
Mr. Palin should go to work and be creative enough to accomplish
this task. Merely sitting there and asking for a donation of
property and the expense of improvement from property owners,
users , or developers will take years, is unjust, is not safe, is
not prudent, and more than anything prevents as in this case a
a loss of tax revenue to this city.
It appears it is time. that the City Manager and the City Council hold a
seminar for all department heads in the City of Huntington Beach as to how this
city Is financed and who is paying what taxes.
in 1984 James Lumber Company had taxable sales of $55,006,383, in 1985
$59,802 ,722 , and In 1986 $85,000,000. Our increse in sales of 40% is greatly
attributed to being able to unload additional cars of lumber on the subject
site. This increase of $25 ,000,000 per year represents to the City of
Huntington Beach an additional revenue of 12 of the $25,000,000 or $250,000.
Our total sales tax per year to the city in fiscal year 1986 will enproxirmte
$850,000. Now, Mr. Palin if, for example the Southern Pacific Railroad veto
i
to sell their property of 100 s 30 fast to the city for $6.00 per squan Loot
or W s000 and the improvesients to this footage as quoted by y"r staff iM
the Sitptember 16 mating was $295.00 per lineal foot or $29,500 than the
city would have 100 feet of Warner Avenue improved for $53,50U. The gales tax
generated from Jams Lumber Company in less than 3 months would pay for the tort
to the city. But no, lets put a known topossible condition on this Conditional
Use Permit let James Lumber Company take the revenue to their yard in Sun Cityo
California and give it to the Cauchy of Riverside. JLC could prefer to use
their Huntington Beach facility but if turned away with such unimagivative f
fiscal planning by city officials (elected) (?) then who lases?
These arguments were presented by .ants Harrington owner and president of
James Lumber Company at the September 16, 1986 Planning Cosscission Meeting in
his allotted 3 minutes and the response of this city's planning commission
was:
Mr. Palin stated "the conditions have to be there by ordinances "
which is not the truth.
Mr. Tom Livengood. chairman of the Planning Commission stated, ,
"lets vote".
As a result of these incompetencies I appeal to the City Council of j
Huntington Beach for some more reason and prudence on the above conditions
for approval of James Lumber Company' s Conditional Use Permit #86-30.
Yours truly,
awes A. Harrington
President
JAH/cb
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1+ wwrMrpt s�rr�rr�MM
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'rQs Planning Commission
M": Developmeat 9ervices
DATIC: September 16, 1986 '
8011JRCT: CONDITIONAL USE PERMIT NO. 66-30/NEGATIVE DECLARATION
NO. 86-42
APPLICANT: James Lumber Company DATE ACCEPTED:
Janes Harrington August -7' '39 G
P.O. Box 1188
Huntington Bch , CA MANDATORY PROCESSING VATS:
October 6, 1986
OWNER: Southern Pacific
` Transportation LONE: M1 (Light Industrial )
17R90 Castleton St.
City of Commerce, CA GENERAL PLAN : General
n e r aT"
REQUEST: To permit the temporary
storage of lumbar on EXISTING USE: Unkmproved
property zoned M11 light arcs
industrial pursuant to
S. 9331 . 3 of the Ordinance ACREAGE: 2. 71 acres
Code .
South ids o '
LOCATION: So h t Warner Ave e
approximately 200 feet east
of Palmdale Avenue
1 . 0 SUGGESTED ACTION:
Approve Conditional Use Permtt No . 86-30 and Negative Declaration
No. 86•-42 based on the findings And conditions of approval outlined
in this report.
2.0 GENERAL INFORMATION:
Conditional Use Permit No . 86-30 is a request by the applicant to
permit the temporary storage of lumber on the subject property
pursuant to Section 9331 .3 of the Ordinance Code. Section 9331 . 3
permits temporary uses such as lumber storage, contractor 's storage
yards and mulching operations for an initial period of two years
upon approval of a Conditional use permit by the Planning
Coxvission. The applicant without benefit of .permit is presently
using the site for the storage of lumber and plywood.
N
0 0 00
0
lection 9111. 3 also states that a temporary use ma be approved by
the Planning Covaission for an additional year , with a maximum of
three such one year extensions of time. said towrary use shill
also ply vith otheJt code requirements including parking, access
h and setbacks . such temporary use shall also be subject to
additional conditions and or developrant standards as may be
eirquired by the planning Commission.
390 SURROUNDING LAND USE# %ONING AND GENERAL PLAN DL8.X2MA'ft2N§:
Subject Piro:
GENERAL FLAN DESIGNATION: General Industrial
ZONE: M-1 , Light Industrial
LAND USE: Unimproved Parcel
North of Subject Proorty:
GENERAL PLAN DESIGNATION: General Industrial
ZONE: M-1 , Light Industrial
LAND USE: Vacant
East of SubJect Property:
GENERAL PLAN DESIGNATION: General Industrial
ZONE: M-11 Light Industrial
LANE? USE: Building supply, solid waste transfer
station and lumberyard
South of Subject Projert:
GENERAL PLAN DESIGNATION: General Industrial
ZONE: M-1 , Light Industrial
LAND USE: Unimproved Parcel
West of Subject Property:
GENERAL PLAN DESIGNATION: General Industrial j
ZONE : M-11 Light Industrial
LAND USE: Pallet Company, storage garde
industrial buildings, non-conforming
residence
4 .0 ENVIRONMENTAL STATUS:
Pursuant to the environmental regulations in effect at this time,
the Department of Development Services posted draft Negative
Declaration No. 86-42 for ten days, and no comments , either verbe.t
or written were received . The staff, in its initial study of the
proSect, has recommended that a negative declaration be issued
srioc to any action on Conditional Use Perait No. 86-300 it is
necessary for the planning Cor:mission to revlvw and act on Negative
aeclaration No. 86-42o
R p„
ftaff "Port 0/16/86 -2- t61p 11
00
SLOW- gg TAI. STATUS
Not applicable .
JA C REDEVELOPMENT STATUS:
The redevelopment staff hac no comment regarding this project .
7.0 SPOCIlIC PLAN:
Nest applicable .
8. 0 SUBDIVISION COMMITTEE :
Not applicable .
9 .0 ISSUES AND ANALYSIS :
Conditional Use Permit No. 66-30 was continued by the Planning
Commission to allow staff additional time to research a number of
issues raised by the Commission . The issues raised by the
Commission are as W lows: 1 ) Does the ordinance code specify a
lumber storage yard as a use? 2 ) Should the property owner be
making application for the proposed use? 3 ) planning Commission
requested that staff prepare a master plan for this project area.
4 ) Who should be submi,.ting this request? 5) Clarification of the
right--of-way. 6 ) Permits regarding ingress and egress to this
property, 7 ) Public Works comments .
Section 9331 . 3 of the Ordinance Code permits temporary uses subject
to the approval of a conditional use permit . Section 9530. 01 (C) ( 2 )
of the Ordinance Code permits major outside storage or operations
subject to the approval of a conditional use permit by the planning
Commission . Since the applicant is requesting a temporary use of
the subject property For the storage of lumber, it was determined by
staff that Section 9331 .3 of the Ordinance Code should be used in
this case to process the applicant 's request . The use of this code
section by staff to process Conditional Use Permit No. 86r-30 was
discussed with the City Attorney 's office and it was confirmed that
Section 9331 . 3 of the Ordinance Code was in fact the appropriate 10
code section in this case . The M1 District specifically permits
major outside storage or operations ,such as lumber yards# subject to
the approval of a conditional use permit . Thereforeep the use of
tither code section by staff would still necessitate the processing
of a conditional use permit to the Planning Commission for this use .
Staff also discussed with representatives of the City Atrocney' s
office who in fact should make application for the proposed use. it
was determined that a copy of the signed lease agreeteeent between
jams Lumber and the property owner would suffice as a lettor of
allthotisation for the processing of a conditional use p+erait6 Tha
istal'f R tt
I' .f
ti.
i
loans agreement, which specifically permits the unloading and
storago of lumber on the subject property was approved by 0. L.
Canoes# Assistant Vice president , for a period of one year beginning
doptofter 1 , 1966.
The staff has prepared a conceptual master pl.ara for this area for
review and discussion by the planning Commission .
Tht City Attorney 's office has also indicated that the railroad
property adjacent to the railroad tracks can be leased to a private
party subject to the regulations and conditions as may be imported by
the City. The Public Utilities Commission was contacted by staff
regarding the ingress and egress to the property adjacent to Wenner
Avenue . Representatives of the PUC indicated that review of truck
traffic out of the site and across the railroad tracks would require
review by their Commission . The project has been cone"itioned
accordingly.
The Public Works Department has indicated that dedication and street
Improvements on Warner Avenue are warranted at this time. public
Works representatives have also indicated that exiting of
semi-trucks onto Warner Avenue ( right turn only) will be permitted
for the applicant . Public Works has also indicated that a maximum
of six trips per day will be allowed. A condition of approval has
been added reflecting these requirements .
i
Staff contacted representatives of the property owner to determine
the number of times per month the public team track area is used.
It was indicated to staff that this area is used approximately two
to three times per month . Review of the records on file in the
department of Development Services indicate that the City of
Huntington Beach has not approved a public team track ( loading/
unloading facility) adjacent to Warner Avenue , on the railroad' s
property. However , the City does regulate the land uses within the
M1 district , including transfer stations and major outside storage
or operations . Approval of an unloading facility at this site would
necessitate the review and approval of the public U�ilities
Commission , as well as the City of Huntington Beach . Because the
public team track unloading area is not recognized as an approved
land use by the Department of Development Services , staff will be
working with the property owner to have this use brought into
conformance with the ordinance Code.
Staff has reviewed previous conditional use permits for temporary
uses to determine if dedication and improvements was required by the
Planning Commission for thoee uses . A review of these previous
conditional use permit applications revealed that in the majority of
the cases , L condition was added stating that *the development shall
comply With all applicable provisions of the ordinance Code,
Building Division, and dire Department. • This condition is
interpreted to wears that the developer shall dedicate and improve as
required by the public works Department . in a number of cases the V
staff Report 9/16/86
t
M110 vocko dopa rtmint doterained that improvements more not
V1499aated at the time and have beep post nod. IlaeroTot? the
�tta.at 4t Public Botha has indieated Chat street iirprdvement•
are MN►ded now due to the volume of traffic on Warner Avenue. the
"Jority of temporary uses are located within undeveloped areas
!Where Improvements art not needed.
1030 ISCOMMMAAT ON:
dtaff recommends the planning Commission approve Conditional Use
Permit Mae 56-30 and Negative Declaration No. 66-42 based on the
following findings and conditions of approval .
FINDINGS FOR APPROVAL*-
1 . The establishment , maintenance and operation of the use will
not be detrimental to:
a . The general welfare of persons residing or working in the
vicinityl the lumber storage yard is compatible with
existing business in the area which are industrial .
b . Property and improvements in the vicinity of the lumber
storage yard.
2. The granting of the conditional use permit will not adversely
affect the General Plan of the City of Huntington Betch which
is general industrial .
3 . The proposal is consistent with the Cit.y 's General Plan of Land
Use which permits industrial uses of t1his type .
SUGGESTED CONDITIONS OF APPROVAL
1 . A revised site plan shall be submitted depicting the
modifications described herein:
a . 24 foot access from Warner Avenue for fire vehicles only.
b . Access route from site, through existing lumber yard to
Nichols Street .
jc . Location of lumber stacks , including Eetbacks and fire
lanes .
'E
d. Location of the security guard shack and the on-site
parking spaces.
2. Lumber shall not exceed 16 feet in height pursuant to Bection {
9310.15 of the Ordinance Code.
Al
,y
staff ""art 5—
A '
v
1. Within 90 days from approval , the applicant vhall submit the
following:
4. Landscape and irrigation plan to the Department of
Development Services and public Works for review and
approval .
d . The development shall comply with all applicable provisions of
the Ordinance Coda, Building Division, and Fire Department.
g. On-site fire hydrants shall be provided in number and at
locations specified by the Fire Department .
6. Fires lanes shall be provided on site as required by the Pire
Department .
7 . Access from Warner Avenue and the alloy adjacent to Cedar
Avenue shall be limited to emergency access only .
8 . A review of the use shall be conducted within sit (6 ) months of
this date of this approval to verify compliance with all
conditions of approval and the Huntington Beach Ordinance
Code . If, at that time, there in a violation of these
conditions or code sections , Conditional Use Permit No . 86-30
may become u a y o null and void .
9. The lumber storage yard shall not be open co the general public
for retail sales .
10. Fire access lanes shall be maintained. If fire lane violations
occur and the services of the Fire Department are required, the
applicant will be liable for expenses incurred.
11 . The applicant shall install a six ( 6 ) foot high chain link
fence around the site , and shall screen the fence adjacent to
Cedar Avenue .
12 . A six foot high block wall shall be constructed along Warner j
Avenue for the purposes of screening the site . Landscaping,
including trees shall be planted adjacent to the block wall
within 90 days of approval . The landscaping and block wall
shall be locatecl within the applicant ' s lease area .
13 . The applicant shall obtain a certificate to operate from the
Department of Development Services pursuant to S. 9730.00 of the
Ordinance Code.
14 . An all-weather surface shall be provided as required by the
Fire Department and public Works.
15. Concrete approaches shall be installed adjacent to Cedar and
Cain as required by the Department of public Works.
y
staff Report - 9/16/46 ii- tilfldl
z
00
1i. the 30 foot wide alley located at the east end of Ceder AM~
shall be paved within 90 days after dedication by the pt"orty
' owner
l7� the planning Commission reserver the right to revoke this
conditional use permit if any violation of Chest conditions of
tha Huntington Deach Ordinance Code occurs .
10. Approval of Conditional Use Permit No. 86-30 shall be for an
Initial period of two ( 2) years pursuant to section 9331 . 1 (a)
of the Ordinance Code.
19. Warner Avenue shall be dedicated within 60 days from the
approval of Conditional Use Permit 66-30 and improved as
raquired by the Department of Public Works.
20 . Semi-trucks euall be limited to 'right turns only" onto warner
Avenue and shall also be limited to a maximum of six trips per
day.
21 . Prior to the use of Warner Avenue for semi-trucks (exiting or
right turns only ) , the applicant shall obtain approval from the
Public Utilities Commission .
11 .0 ALTERNATIVE ACTION:
Deny Conditional Use Permit No. 86-30 based on the following
findings :
FINDINGS FOR DENIAL:
1 . The establishment of a lumber storage yard on the property will
be detrimental to:
a. The general welfare of persons resident and working in the
vicinity due to the intensity of the proposed use.
b. Property and improvements in the vi^inity of the proposed
lumber storage yard.
ATTACHMENTS :
1 . Area Map
Z . Staff report. dated August 19, 19e6
3 . Conceptual Master plan
JWP la
"elf Report 0/16/84 4-
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IPablic Utilities Commission
STATE OP CALL CMMA
reptember i,, 1996 P"Pa. O086D-
KLcWiel Stro"e, Associate Plawwr
City of Muntington Beach
Departmat of development Services 14UNTINGTON V'" '
P.06 Box 190 DEVEI_nPMEN'T s
Muntia6toa Beach, CA 92648
Dear Mr. Strange: P. 0. Box 1
Nwlawtcn Beach, C
Re: James Lumber Company
Permit No. 86-3o
Tour letter dated September 9, 1986, regarding tM Janes Lumber
Caapany rim handed to our Section (Railroad Operations i Safety)
for review. After analysir4 the proposal, our concern is the
storage of the lumber. near the railroad tracks. The Public
Utilities Commission's Oenerrl Order 26D governs the sinimmom clearesce
of structures near the railroad tracks. Y am sending you a copy of tbds
G*nerel Order 26D, please note the highlighted sections, for your
convenience. This pha plet should assist you with this proposal.
Also, do not hesitate to call on, us if you have gay additional quwstions.
Yery truly yours,
TIM'W P. HUNT
Senior Transportation
Operations Supervisor
encl.
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OF
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P.O. WXISO CAhIP001NIA l"
w+KsNrs av+srr mr sse � rLaass"av nwo�wawr
September 9 , 1986
Public Utilities Commission
107 South Broadway, Room $109
Los Angeles, California 90012
Attention: Raymond Toohey
subject : Conditional Use Permit S6-30,
A request by James Lumber to utilixe railroad property
for the temporary storage of lumber - south side of
Warner Avenue # approximately 170 riles east of Palmdale
Dear Mr. Toohey:
The Department of Development Serviced is pre-3entiy reviewing
Conditional Use • Perm.it No. 86-30, a request by Jame] Lumber to use
the subject property for the temporary storage of lumber . The
applicant has indicated that approximately six (6) s*mitrucks will
exit the site and proceed east on warner Avenue across the railroad
tracks .
it is my understanding that the Public Utilities Commission may be
:.oncerned with this proposal , as well as the use of the property for
the storage of lumber .
Please provide me with your written comments as soon as possible so
that we may continue processing this request .
Thank you for your cooperation.
sincerely?
VV
Ili vhsel Strange
Associate Planner
N#rt1
ataghm1-0 *14
VIM
staff report �
f
C-6 COIIDITIONAL U$R 1e1RNIT NO. t6-30/NitGA�E DECIJIIlATION 66-6=
APPLICANTS James Lumber Company ,
Conditional Use Permit No. 86-30 is a request by the applicant to
posit the temporary Storage of lumber an the property located an
the south side of warner Avenue approximately 200 feet east of
Falmdale Avenue, pursuant to Section 9331. 3 of the Ordinance Code .
loetion 9331 . 3 permits temporary uses such as lumber star&
contractor ' s storage yards and mulching operations for an IoLtial
rtiod of two years upon approval of a conditional use permit by the
anning Commission . The applicant without benefit of permit is
presently using the site for the storage of lumber and plywood .
Section 9332 . 3 also states that a temporary use may be approved by
the Planning Commission for an additional year, with a maximum of
three such one year extensions of time. Said temporary us* shall
also comply with other code requirements including parking, access
and setbacks. Such temporary use shall also be subject to
additional conditions and or development standards as may be
required by the Planning Commission.
ENVIRONMENTAL STATUS:
Pursuant to the environmental regulations in effect at this tune ,
the Department of Development Services posted draft Negative
Declaration No . 86-42 for ten days , and no comments , either verbal
or written were .received . The staff, in its initial study of the
project, has recommended that a negative declaration be issued
Prior to any action on Conditional Use Permit No. 86-30, it is
necessary for the Planning Commission to review and act on Negative
Declaration No. 86-42 .
THE PUBLIC HEARING WAS OPENED
John Delianarde , spoke in support of the project .
Janes Harrington , applicant, spoke in support of the project . He
stated that he objected to conditions #7 and #16 ( regarding
emergency access and paving the alley within 90' days ) , because it
does not affect his development . He feels it is unfair to require
him to iiaprov4s the alley because his property is 150 feet away and
they are restricted from using it . He also explained that there is
access from his yard at almost the exact same point . He also
objects to condition #19 (regarding dedication) . He stated that he
cannot dedicate property that he does not own.
Mel Mermestein, Ideal Lumber , spoke in support of the project . Nt
stated that he possesses 1S feet of the dedicated property. No is
willing to dedicate the 15 feet if James Lumber will improve it.
There were no other persons to speak for or against the project #md �
the public beating was closed.
9C 18180tes - 9/16/86 -li- (6307d)
itaft explained that the railroad company had been contacted and
.� they Mete not interested in iaprovinq the ra rty. Th*y are
bt�rMverr Willing tO sell it to the City. Sta further explained
that conditions cannot be waived dui to code requirements.
A NOTION WAS NAD 2 BY WI NCi!M 6 SRCOND BY PORTER l TO APPROVR
CONDITIONAL USE PERMIT NO, 86-30 AND N6GATIVR DECLAMATION 66-62,
WITS FINDINGS AND CONDITIONS OF APPRtIVALt by THE FOLL411M VOM
AYNS: Rowe , Winchell , pierce, Livengood, Erskine$ porter ,
Mhir jahangir
MORSa None
AASENT: Nave
ABSTAIN: None
ION_ PASSID
NDINGS FOR APPROVAL: �
1 . The establishment , maintenance and operation of the use will
not be detrimental to:
a . The general welfare of persons residing or working in the
vicinity; the lumber storage yard is compatible with �
existing business in the area which are industrial.
b . Property and improvements in the vicinity of the lumber
storage ya.d .
` Z. The granting of the conditional use permit will not adversely
affect the General Plan of the City of Huntington Beach which
is general industrial .
I 3 . The proposal is consistent with the City' s General Plain of Land
Use which permits industrial uses of this type .
CONDITIONS OF APPROVAL:
1 . A revised site plan shall be submitted depicting the
modifications described herein:
A . 24 foot access from Warner Avenue for fire vehicles only.
4
b. Access route from site, through existing lumber yard to
Nichols Street .
c. Location of lumber stacks, including setbacks and fire
lanes.
d. Location of the security guard shack and the on-site
packing spaces.
+!C ti34?d1 Ninutes - g/16/0i -19=
r
�L141a :a'Jiv: -
1. Lnwber shall not oxeeed if feet in height pursuant to Notion
9530. 15 of the Ordinance Code.
3 . Within 90 days from aF4roval , the applicant shall submit the
following:
a. Landscape and irrigation plan to the Department of
' Development Services and public Works for review and
approval .
4. The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Eire (Department ,
S. On-site fire hydrants shall be provided in number and at
locations specified by the lire Departmont .
6 , lire lanes shall be provided on site as required by the lire
Department .
7 . Access from Warner Avenue and the alley adjacent to Cedar '
Avenue shall be limited to emergency access only.
S . A review of the use shall be conducted within six ( 6 ) months of
the date of this approval to verify compliance with all
conditions of aproval and the Huntington Beach ordinance
Code . If, at at time, there is a violation of these
conditions or code sections , Conditional Use Permit No. 86-30
may become null and void .
9 . The lumber storage- yard shall not be open to the genecal public
for retail sales.
10 . Fire access lanes shall be maintained. If fire lane violations
occur and the services of the Fire Department are required, the
applicant will be liable for expenses incurred.
11 . The applicant shall install a six ( 6) foot high chain link
fence around the site, and shall screen the fence adjacent to
Cedar Avenue.
12 . A six foot high block wall shall be constructed along Warner
Avenue for the purposes of screening the site . landscaping ,
including trees shall be planted adjacent to the black wall
within 90 days of approval . The landscaping and block wall
shall be located within the applicant 's lease area.
13 . The applicant shall obtain a certificate to operate from the
Department of Development Services pursuant to 8. 9730. $0 of the
Ordinance Code.
14 . An all-weather surface shall be provided as required by the
Tire Department and Public Works.
i
PC Minute,• - (6307d)
li. Concrete approaches shall be installed adjacent to Cedar and
Cain as required by the Department of Public forks.
16. ". he 30 toot wide alley located at the east end of Cedar Avenue
shall km paved within 90 days after dedication by thf property
owner .
17. The Planning Comission reserves the right to revoke this
conditional use permit It any violation of these conditions of
the Muntington beach Ordinance Code occurs.
ld. initial of Conditional Use Permit No. 86-30 shall be for are
period of two ( 2) years pursuant to Section 9331 .3ta )
of the Ordinance Code.
19. darner Avenue shall be dedicated within 60 days from the
approval. of Conditional Use Permit 86-30 and improved as
required by the Department of public `corks.
It
20. Somi-trucks shall be limited to 'right turns only" onto Warner
Avenue and shall also be limited to a maximum of six trips per
day.
21 . prior to the use of Warner Avenue for semi-trucks (exiting .or
right turne only ) , the applicant shall obtain approval from the
Public Utilities Commission .
C-7 SPEC L SIGN PERMIT No. 66-5
APPLICA : ALISHA' S RESTAURANT
Special Sign Per t 86--5 is a request to allow an additional
monument sign, two oof signs and to exceed the maximum allowable
square footage of s nag* at a restaurant location at 18302 saach
Boulevard (north of is Avenue) . The applicant installed the
signs without a builds permit . The applicant has been cited by
Cede Enforcement and he e, has applied for this Special Sign Permit
to legalize the previousl installed signs .
EVIRONMENTAL STATUS
The prrpnsed project is exempt lass 11 Section A from the
provisions of the California En ronmental Quality Act .
THE PUBLIC NSAXING WAS OPENED
Alisha Lange, applicant* s e
spoke in *up rt of the ■ cial sign
permit . She explained that when she chased the restaurant the
wall signs were already there and nothin was said about then being
illegal when permits were taken out . The ettering was changed in
1915 and the monument sign was installed f safety and more
visibility from the street because clients w e unable to locate the
restaurant. She stated that the surrounding nter tenants approved
of hoc signs and that they did not obstruct so 0 a view.
PC Minutes - 9/16/06 -21-
(63o7d)
INV
�O
=poll ilia of mom 9 tot
Y
11o'na is. nut a v ar a*t the butisltmra seeder City efteau VAU bo►1at ar
rebut bwtag is the Comma cbmbw at the amsestoe Amb aVI4
rAwters am me" bore", Ikets"Con Beftihr Cast ORVIS. as the &we ad
at tke tide indlsatad below to receive aril smolder tb* otatenents of all
petoar vM rrio b to be beard ralative to the appileatioar deftribed bale.
, = Mondty, November 3, 1986
LM= 7:30 P.M.
Alti.ICATIOM aMft: Appeal - Conditional Use Permit No. 86-30
L��I0N: southside of Warner Avenue, approximately 200 feet east of Palmdale
Avenue.
ZOINE: M-1 , Light Industrial
FROKSAL: An appeal to the conditionsof approval of CUP 86-30, a r'egUtst to pemit
the temporary storage of lumber pursuant to Section 9331. 3. onclasslfied
uses of the Huntington Beach Ordinance Code.
APPLICANT: James Lumber Company
APPELLANT: Jams Harrington dba Janes Lumber Company
1XVY1 'tAL STAM: Negative declaration No. U-42 was approved by the Planning
Commission on September 16, 1986.
O!1 till: A copy of the proposed Conditional Use Permit 86-30 Won File in the
Department of Developaernt Services.
i
ALL =ERLSM PFLSW are Invited to attend said bearing aped express
opinioes or submit erideece for of against the applicacion as otllsed
above. All ap+plicationa, 8*hibits, and descriptions of thia proposal are
are file with the office of the Clt7 Clark, 2000 main =treato ftatleaten
seeah. Colifwala►, for taxpectlam b7 the publit,
• 0=000F a"= CIn C0110CIL
t Allele fir Neattra tb
City Clem •
rirow (n4) 3341-5401
peW: October 6, ION
. � .. _�_. a..� r...♦�� . � . ...r•• —.raar�r� rid •..�ii.i.� s..�... • w • - �.
votes
!f ICI or PUBLIC UNARUG a- - t
,+ram
1
NOTICE IS HEREBY GIVEN that the Huntington each Planning Comission
will hold a public hearing in the Council Chamber at the Huntington
Beach Civic Center , 2000 Main Street, Huntington Beach , Californian
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.
DATE: C�'f- � r b
TIME:
APPLICATION NUMBER:
APPLICANT:
LOCATION: a ^V —cvc
ZONE: •-
RRE.�: ref
�iGr� Ir" r 4 3 31.3
t4 +^
ENVIRONMENTAL STATUS: {'r + h�/ .- 'j� 1V--
ie
ON_FILE: A copy of the proposed �w —Act is on
file in the Department o Development Sec ices, 2000
• Main Street , Huntington Beach , California 92548 , 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 outTIned a ove. If there are any further questions please
call Kt , /Associate Planner
at 5353-32716
James W. Palin, Secretary
Huntington Beach Planning Commission
10260D)
..6.
Ni► A#�. 1►. 11. M TNiN, Melvin MQ'twICM� !"W's
Ors &A !'are P. 0. SOX 2300 6iaes '"Ver
*"MR b"Ch eal 92660 Muarimston beach, CA 92647 ` Fountefa Valley] CA 92706
1#1�01�7d 111-023-16
fts ao Ise;. CUCAMONU INDUSTRIAL 1.ONrii iY� Yi l l lm F.
3330 Wilshire Blvd From Ipvestmahts 7502 Warmer Ave.
Lae AmSelee, Cal 90010 29M - A Bristor St. , 0201 f *wmaag too Mach$ Cal. 926d
111-010`71 Coat& Ness. CA 92626 i 111-360-15
111-023-17
CMUL, Mac C. ANbt"SON, William E. RMORN tCt 00.
1412 Warner Ave. 17066 Palmdale St. I 5337 Bnllaire Ave.
batington Boach, Cal 92647 Huntington !leach, CA 92747 1 North hollyvodd, CA 91607
111-021-01 111-023-18. 19 111-36fr�16
VM A, Charles W. GYLDSTRAND, Lelf E. GlRIGU, Jars
17051 Palmdale St. 17121 Palmdale St. 7511 Warner Ave.
Huntington Mach, CA 92647 I Huntington Beach, CA 92647 Huntington Brach, CA 92"7
111-021-09 111-024-07 142-211-02
RUSH, James Andreas ` SLATER, Ruth B. � FORTNEY, Havard R.
6851 Jardines dr. 17162 Gothard St. 7501 Warner Ave.
Huntington Beach, CA 92647 Huntington beach. Cal. 92647 � Huntington Mach, Cal 92641s
111-022-06 111-024-08, 091 10, 11 142-211-03, 04, 38
CUNNINGHAM, Roy CALVIN, Raymond N. SCHARF, Fred
922 Hyde Court 18457 Santa Veronica Circle ' 3935 Elm Ave.
Costs Neva, CA 92626 Fountain Valley, CA 92706 Gong !leach. CA 90607
111-022-07 111-024-14 142-212-01
i
VELA, Juan JOHNSON. Ray W. SCOLARO, Dominic
17032 Palmdale St. 1030 Crestview Ave. 7171 Moil Avs.
Huntington Beach, Cal. 92647 Seal Beach, Cal. 90740 Huntington Beach, Cal. 926W
111-022-06, 09 111-024-15 142-212-02
i
GOODMAN. William C. ZtRRETTA, Joseph TORRES, Miguel 1.
6932 Church Circle 17065 Palmdale St. 7541 Warner Ave,
Huntington Beach, CA 92648 Huntington Beach, CA 92647 Huntington Beach, CA 92647
111-022-10 111-024-17 i 142-212-19
F ;
ALEVY, Allen E. JAMBS LUMB K CO. 0M iZ, Richard F.
6665 Long Beach Boulevard 17311 Nicholas St. � 7531 Warner
Long Beach, CA 90805 Huntington Beach, Cal. 92647 1 Huntington Brach, Call 9261
111-023-029 03, 04 111-340-49 142-212-20
HANSEN, Jurgen D. JAMES LUMBER CO. TIM M$ Francisco
554 Stewart Canyon Road P. 0. Box Ilse 7521 last Wintersburg AvouL
Failbrook, CA 92028 Huntington beach. CA 92647 ihintington beach, CA 92647
111-023-05,069 079 081 129 13 111-360-06 142-212-21
WIi.LIAMB, C. C. WMNSTEIN, Philip THIISAUd, Morton J.
7412 Csd&r P. b. Box 1026 SCOI.ARO� thn
& Atiogtom Mach, Cal. 92647 liuptin toh Mach, CA 92647 7532 Mash a taft Arro.
111-023-15 111-360-12 ( �rtiaytao och, CA 92647
�
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tor to., CA "Mms .
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D MAIN ST11IET CALIFORNIA i
opIa Of i0 CM R LSM
November 5. 1986
James A Harrington
Jaawes Lumber Company
` 17311 Nichols Strut
P. 0. Box 1188
Huntington Beach, CA 92647
f RE: Appeal to PC Conditions of Approval - CUP 86-30
I
The City Council of the City of Huntington beach at its
November 3, 1986 meeting continued decision on your appeal
to the November 17 , 1986 meeting. please contact the
Development Services Department, 536-5271 , if you have any
f question$.
Alicia M. Wentworth
City Clerk
AMW:bt
ridsomm