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Conditional Use Permit 85-21 - Cotter's Tree Service, Inc -
411horr;04 to PUDI'sh Ad.611124n*Nnts 01 rno$ OK Vdd.p puWc AEMIL- f%alicas ny DoCloo of the Swoorlaq ct*.::,C of orar'yrr County. Callfa►nis. Numder A•6414 asiea 29 Se01emo61 1961 end A.21831, dated I t Junk. 1963 I STATra OF CALIFORNIA County of Orange •„�,� 4»K. •a..,..,, co««.e C, My M4M • ... w I ptry /I ,r�,y�A// I am a C:tlren of the United States and a resrtfent of the County aforesaid, 1 am over Me aye of elghleen AV t L U ears and not r D5S years. a o a party to or interested in the below entitled matter I am a principa! cleric of the Orange t�s1lYtRmNMt#t1rA4 Coast DAILY PILOT. with which 1s combined the flTa►tt�.:TN10�tr owrw* NEWS-PRESS. a newspaper of general circulation, p�iw�e�rol rya.` �'` ter eiw�►rr�ellr+MM printed and published in the City of Costa Mesa, aw 0AWNW.A Ccun+y of Orange, State of California, and inat a erei Af PUBLIC HEARINGM .3 Wit- Notice of R tt st . of which copy attached hereto is a !rue and complete copy, was printed and published in the Costa Mesa. � = `' '"� Newport Beach, Huntington Beach. Fountain valla � #' � F s Irvine, the South Coast communities and Lag ~ one time una r *, J•' �Beach issues of said newspaper far �`consecutive weeks to wit the issue(s) of , f:�i� l 'Npillrkr. June 5 6 198 tlft dW SO i M. ontwdl�t:M:t11M�er�rri'1 h1erd okitwe 1w Now 198 -- 198 �r�� sert`asweti. li�r'.I�'?'��p I declare, under penalty of perjury, that the + foregoing is true and correct. wi1,°�'M"ir�:w.`"`" ,-,ANNWQ11.1101'11"rr Executed on June 5 st' sta Mesa, California. r Signature � r /jam ��.- •! PROOF Of PUBL.ICATI N ...M1F' ....'N rl+.'N�..1�.n._- r+i1A•1•.r1 Iy1•�\ •� r�1y�lR":T'.•-HA.. w . c.r •i 1 h i huntWgton beach aevetopmant services "department ffAf-f I wv, RCP0R FTO: P1 .)nning . Commission F=4: Do'alop-tent Services i DATE: April* 15, 19P6 SUBJECT: REVOCATION OF CONDITIONAL USE rrERMIT NC. 85-21 APPLICANT: ( •:,.:ter 's Tree Service DATE ACCEPTED: P.O. Box 773 trot appicable Stanton , CA 90680 . MANDATOR" PROESING DATE: ' REQUEST: To consider revocation of Not app3ica e CUP 6S-21_ for failure to comply with conditions of ONE: PA-0--Residential approval. Agricultural Combined with Oil Productaion LG`CATION: West side of Edwards Street , approximately 330 GENERAL PLAN: Planning ft . south at Ellis Avenue Reserve ACREAGE,: 1 .92 £�S�ING USE: Mulc.birg Operation 1 .0 SUGGESTED ACTION: The applicant is presently in the process of 'conoluing: with the , conditions of approval for Conditional Use Permit No. 55--,111 therefore , the staff recommends that the Planning Commission. not , revoke Conditional Use Perm:,t No . 8S-21 . Staf f also recommends i-hat this item be reviewed again by the Plannin.g Commission wichin 90 days to determine : f any additional violations of the conditions of ap rova1 have occurred . 2.0 GENERAL INFORMATION: Conditonal Use Permit No . 85-21, a request to permit the storage and grindleig of wood products " (mcliching operation ) was approved ty the Planning Commission on August 20 , 1985 . Since approval -c.f. conditional Use Permit No . 85-21 , the, applicant has failed to conply with , nne conditions of approval . At .the 'April l, . 1985 Planning Commission meeting, the cdmmiss'iov, voted .to continue this item for,, two' weeks to allow .,the applicant pan, . : opportunity comply wish all applicable conditions of approval fot' Aft . '. A•MIEif]A , ?. 0 SPECIFTC PLAN : Not appl I cc.`-1 e, 8 . 0 SURDIVISION COMMITTEE: Not applicable. 9. 0 ISSUES AND ANALYSIS : On April 15, 191J6 , the Planning Commission continued this itern to the May 6. 198E meeting to permit the alaplicant additional 't.imit to complete the screening of th? existinq chal.n link fence alon7 Edwards and to install the tvn 0000 gallon -dater tanks on. t;h.e a i to . As of May .986, the applicant has complied with all conditions of approval n. .essed it the April 15, 1986 staff repo,ct, wit"a the exception %): the installation of the water tanks. The fence screening has been installed , however , a number of gaps in the screening still. exist. Without the availability of water , the potential for a fire at thie site is still present , theretare, the stiff recommends that the Planning C(-*mmission revoke Conditional Use Permit 85-21 with the attached findings as outlined in Section 11.. 0 . -s 10. 0 RECOMMENDATION Revoke Conditional Use permit e5-21 has,-d on the following findings : j k FINDINGS FOR REW ATION - CONDITIONAL M PERM!T NO. 85-21 : f 1 . Since the approval of Conditional Use Permit No. 85-21 , orr August 20 , 1985 1,8 months ago) ,. the applicant. has not shown good faith in complying wittl the conditions of apprarel within a . reasonable amount of time. Non-compliance with the conditions of approval has :;reated an unsafe -situation tehich could result in property damage due to fire. 2. The applicant has failed to comply With two conditions of approval , as outlined in this report, within a reasonable amount of time, thus failing to fulfill his obligations under the approval of Conditional Use Pei,mf t No. 85-21 . ATTACEIMENTS 1 . Staff Report dated April la, 1986 2. Staff Report dated March 27, 1986 - 5/6/86 Staff Repar t fcd, ,moo h n in ton beach dersio rnent e• viGee do a tm nt • � , STAf-f "M0040100WAsnaft. MP ..isl[i�r7•i./wirrw+M�ii�rlW� wrww�rwliwli -- TO: Planning Commission FROM: Development Services DATE: April• 15 , 1986 SUBJECT: REVOCATION OF CONDITIONAL USE PERMIT NO. 85-21 APPLICANT : Cotter 's Tree Service DATE ACCEPTED: P. O. Box 773 Not appicab.le Stunton, CA 96680 MANDATORY PROCESSING DATE: REQUEST: To consider revocation of Not applicable r.UP 85-21 for failure to comply with conditions of ZONR: RA-0-Residential approval . Agricu.l.tural Combined with Oil Production LOCATTON: West side of Edwards Street , approximately 330 GENERAL PLAN: Planning ft . south of Ellis Avenue Reserve ACREAGE: 1 .92 EXISTING USE: Mulching Operation 4 1 '0 SUGGESTED ACTION: ' The applicant is presently in the process of complying with the conditions of approval for conditional Use permit No. 85-21 , therefore, the staff recommends that the Planning Commission not revoke Conditional Use Permit No. 85-21 . Staff also recommends that this item he 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 INFORMATION: Conditonal Use Permit No . 85--21 , a request to permit the storage and grinding of wood products (mulching operation) was approvedby 'the ' Planning commission on August .20, 1985 . Since approval. of, Conditional Use Permit No . 85-21 , the applicant has failed to. 'comp] y . t with nine conditions of approval . At the April 1 , 1986 Planning Camnission meeting , the . Cbmmiasion voted 4o continue this item for . two Weeks to allow the ',�ppl i'cant an opportunity to comply with all applicable conditions of Approval. f.•ordon, , ' huntington beach��development se�vicea�: departinen t WAFf EPORT TO: Planning Commission FROM : Development Services DATE: May 6. 1986 SUBJECT: REVOCAT?ON OF CONDITIONAL USE PERMIT 140, 85-21 APPLICANT: Cotter' s Tree Service DATE ACCEPTED: P.O. Box 773 Not appicable Stanton, CA 90680 MANDATARY PROCESSING DATE: '• REQUEST: To consider revocation of Not applicable CUP 85-21 for failure to comply with condi Lions of ZONE: RA-0-Residential approval. Agricultural Combined with Oil Production LOCATION: West side of Edwards Street, approximately 330 GENERAL PLAN : Planning x ft. south of Ellis Avenue Reserve ACREAGE : 1. 92 EXISTING USE: Mulching �.� Operation. 1 . 0 SUGGESTED ACTION; r Revoke Conditional Use Permit No. 85-21 based on the findings outlined in this report . 2 . 0 GENERAL INFOWiATION: Conditonal. 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 . 1905. Sitice approval of ; Conditional Use Permit No. 85- 21 , the applicant has failed to. comply ltr with nine conditions of approval. r,. At the April 1., 1986 Planning Commission meeting , the Comm anion voted to continue this item for two creeks 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, tho' comtniasion continued this item once again to permit the applicant additimal time to' comply with the conditions of approval. kwo ,, t r Rt. .{. 1. S ., .r .. .5 ] .o. .t. !.. l .t,t ._ _ '` �+' .[_, I __ — t ` •} __ I} ` J,xi�l`J} 1 '-'3' 0 SURROUNDIN��AND USE, i6NING AND GENERAL PLAN DESIGNATION �S ` Subject Property. GENERAL PLAN. DESIGNATION: Pl anninq Reserve ZONE: RA-O, Residential Agricultural Combined with Oil LAND USE: Edison Substation and vacant North of Subje<-:_ Property : GENERAL PLAN DESIGNATION : Planning Reserve ZONE: RA-0 Residential Agricultural Combined 1 with Oil Production LAND USE: Edison Substation and vacant '. East of Subject Property: (across Edwards Streei ) Gt SRAL PLAN DESIGNATION: Estate Residential ZONE. RA-CD, Residential Agricultural combined with Civic District LAND USL: Existing Temporary Commercial Norse Facility South of Subject Property : GENERAL PLAN DESIGNATION : Planned Community .. � ZONE. RA-0-CZ , Residential Agricultural Combined with Oil Production-Coastal Zone LAND USE: Vacant ` West of Subject Pro, erty: I ' GENERAL PLAN DESIGNATION: Planning Reserve ZONE: RA-0-CZ , Renidenti.al Agricultural Combined with Oil Production--Coastal ` I Zone 1 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 arch?logical site. 5.0 COASTAL STATUS Not applicable. 6. 0 REDEVC:tAPMENT STATUS : qot applicable. Staff Report - 5/6, 86 , "2 (5038d) [�' .,__ .. ... .......... .. .. .. }, .r+n" ..i� ..`7vti+.r'iliir • .r.... ... .�.i.�+ +C.ir+r.r..w+�.q{'VAyojllj'{��8��iK '.:1,..,`,is��'�v'�{i.�7� "t...r , I '�� ►..�r•r� -.-; 5-.....»A'k .r r....:. .-__- _ .. :�na _ .11 r r.• . �w�.—.rwsssaal.�agR. — i .«�« w ._..�.r.. ....._ _ CITY OR HUWiNGTON BEACH ` 2000 MAIN S'TRE UA ET LIGORNIA 92848 OFFICE OF THE CITY CLERK I it June 18, 1986 Larry Rothman, Attorney at t.aH 14140 Beach Blvd , 4106 Westninster, CA 92683 The City Council of the City of Huntington Beach at its regular meeting held June 16, 1986 referred your appeal to the Planning Commission's revocation of Conditional Use Permit No. B5-21 � back to the Planning Commission for a status report regarding compliance or conditions and possible reinstatement of CUP. � If you have any questions , please contact the Development Services Office at 536-5276. 1 Al icia M. Wentworth City Cleric A.Md bt M. Sonny Cotter !0662 Court Street Stanton, CA 9069D : r RE Ut0--fFOR CITY COUNCV ACTION Doge June 1641986 SubmittE,dto: Honorable Mayer and City Council ,.- i j Submitted by: Charles 14. ThompEon, City Administrator Prepared by: James W. Palin, Director, Development ServiceE 6 ,ubjwt: APPEAL TO THE PLANNING COMMISSION' S REVOCATION OF CONDITIONAL USE PERMIT NO . 85--21 Consistent with Council Policyl Pq Yes ( j New Policy or Excaption Statement of Issue, Recommendation, Analysis, funding Source, Alternative Actions, Attechnxnts: I STATEMENT OF ISSUE: Transmitted for consideration is an appeal to the Planning Commission 's revocation of Conditional Use Permit No. 85-21 for (allure to comply with the conditions of approval . The appellant, Larry Rothman, Attorney at Law( indicates in the attached letter of apppeal that Cotter ' s Tree Service has exerted every effort to comply wLth the City' s ordinances with regards to thin business . Mr . Rothman also indicates that Cotter ' s Tree Service was attempting, In good faith, to comply with the C=ty 's requests to comply With they conditions of approval In the most expeditious mannev possible. i RECOMMENDATION: The Planning Commission recommendw that the City CounclZI sustain the action of the Planning Commission and uphold the revocation of Conditional Use Permit No . 85-21 . Planning Commission action on May 4, 1986 : 01; MOTION BY MIR;,AHANGIR, AOD SECOND BY PORTER , CONDITIotin use PERMIT NO. 85-21 WAS REVGIrCD AY THE FOLLOWING VOTE AND FINDINGS: AYES : Porter, Mirjahangir , Rowe, Winchell , Schumacher , Livengood NOES : None ABSENT: Erskine (out of room ) ABSTAIN: None FINDINGS FOIL REVOCATION - CONDITIONAL 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 shbwn good faith -in complying with the conditions of approval' within a reasonable amount of 'time. Ron--compliance with the. conditions of 'approval has creah.ed ar. unsafe situation which could result in property damage due �to fire. e,� rro , 7. . The applicant has failed to comply with two conditions of approval , as outlined in this report, .within a reasonable amount of time, thus failing to fulfil 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 . Staff recommends that the City Council refer this item back to the Planning Commission for a status report regarding compliance 'of the conditions of approval and possible reinstatement of the conditional r use permit. +: A.NALYSIS: Conditional Use permit No . 85-21 , a request to permit the storage and grinding of wood p7oducts (mulching operation ) Was approved b � the Planning Commission on August 20, 19e5. Since the approval of Conditional Use Permit No, 85-21 , the applicant has failed to comply .� with as many as nine conditions of approval . Due to the applicant 's failure to compl;! with the conditions of approval within a r.earonat:le time per.io;,-f , Conditional Use Permit No . 85-21 was referred to the Planning Commiiisuion on April 7, , 1986 for posible revocation . At this meeting , a motion was made by FrsL ne, second by Porter , to continue Ccnr- :innal Use Permit to the April , 15 , 1986, Planning Commission meet.,-.y to allow the applicant an opportunity to comply with the conditions of approval , and to reconal.der revocation at that time. I On April 15, 1986 , the Planning Commission reopened the public hearkng on the revocation of Conditional. Use Permit No . 85-r21 . The { stafr reported that the applicant had made a good faith effort in { complying with the majority of the condl tior3 , however, as of April 4 15, 1986, the applicant still had not suppllO water to the site as required by the conditions of approval . y The staff also reported to the Commission that the applicant had screened the perimeter fence, lowered the height of the mulch piles and fire lanes had been created between the mulch piles au required F by t-he conditions of approval . Af. ter ' lengthy discussion, the Commission continued this item until. the ;May 6, 1986 meeting . if , at chat tirre., the remainin j violat'ionA } wer� not corrected, revocation of Conditional Use Permit No. 85-21 would again be considered . RC:. 6j1vy86 ..2.. (53142d) y , - s ALAM YZJ. On May 6, 1986 ,; the Commission once again reopened the public hearing on the revocation of Conditional Use Permit No. a5,-21 . At this time , the Commissioners inquired if the installation of the water tanks had been completed . The staff reported to me Cc �mission that the water tanks were on the site, but wore not operational . A motion was made to revoke Conditional Use Permit No . 85-41 with findings . The motion passed . On June 3, 1986, at the applicant 's request, the Fire Department re--tested the applicant 's on--site wat 6: system ( two 81000 gallon tank:) to determine their. effectiveness . At this time, it was 0-_cermined by the Fire Department that the two 8 ,000 gallon tanks were operational and provided sufficient water .supply for a land use of this type. FUNDING SOURCE: Not applicable . ALTErRNATIVE ACTION: 1 . Refer this item back to the Planning tommission for a status 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 b6 performed by staff 90 days from June 170 1986 , to determine If any violations of Conditional Use Permit have occurred,. Violations of the conditions of approval shall be referred t` the Planning Comminsion for revocation of k:he conditional use permit. ATTACHMENTS: 1 . Fetter of appeal dated flay 1. 3 , 1986 2 . Letter from sonny Cotter, Cotter' s Tree Service , received and dated June 2 , 1986 3 . Staff. Report dated May 6, 1996 4 . Staff Report; dated August 20, 1985 5 . Minutes from the April 1 , 1986, April 15, May 61 1984 and August 20, 1985 Planning Commisaion meeting JWP:MS :kla 1 RCA -- 6/16!86 3 (5342d ) �A11sM 4 _;�,� f; `+v '.: r IE���, • -.., ..._... ..- ,i ^�!!r...- ..- .,.�a�r Y.r��w!/�aus —r .- ..., -..,__---- - Y L r..�, �:t j/1 �• Irk t �. N to J �1ui:� %j e t , ' ;, • 7' �` r,• , 441 o r r l c c s'"O w 74 , �.�,+ ���'r�•qt giRi.ap, tfv v+att :.I+a ncA.:. aauLcv•w;. a `4 :+! ,> � r �` 'i1ST11it.S1EK, CA11fOKNl� O�db;. 1„ UbCN: taltlMl�1 1!?buI-�871s �'TCt,CPNGNC:•�1�1 .►�t�d�9, tr�=n►•a •c � + ewa-�ada ,ayb seal . ... wYlgtlA�[ Ctsuwa t>. LiC N.\13URST pLCARC •1C►LV TO. 7tiRrNCt CALnCV1 May 13 1986 ,i1�NG3 /y, i000cS sir' n >ONd tlKwC►+ T• 1� rYri[.11►.GTxif y. L ZO ;. CityCity 1,jjl planner ��� . 2000 Maim, Street .a Huntington Beath , California Attn : Michael Strange Re : Cotter ' s Tree Service , Inc.. C. U . P . 0 85-21 Revocation - 5/6/86 Dear her. Strange: This -.) ff,ice has been retained by Cotter ' s Tree Service , Inc , thereinafter referred to as " Cotter ' s " ) regarding the above referenced- matter . Cotter' s has been exerting every effort to comply with the City ' s ordinances 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 campleted thcz elevation of one storage ( I ) 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 Ci ty ' s requests in the most expeditious manner possible . It is herehy requested thit CUP 185-21 be reinstated on behalf of Cotter' s Tee Service , Inc . Your kind assistance in the reinstatement of the above-referenced permit will be greatly appreciated . i i Very truly yours , LARRY ROTHMAN ry` Attorney at Law LR: do cc : client r Cblter s Tree Se Vice, Inc, 1 10%2 ccU1JT ST. • RO• BOX 773 - STPINTON. CALJFOON,1490(M .MIONE-1527-36M1 i t Wchaet Stt6ige,. mcuJ 300 1996 PZvolbig Depmtme►zt City 06 NuacUm" ',ort beach P.O. Box 190 Huntington Beach,Ca. 92648 Svc; lit Aegaada to the dottwina ;Conti i tionat We Pe�i.rnit No. 8S-21 wsu ed you µtee 4chedute m .Iecmt Appeal doh Vie above on you.. next me^.ting dam 06; June 1601.1986. f, r n i Tha► kina You, f 1 ti i �s HU"NGMk BEACH DEVELOPMENT SERVICES LL t P. i HunJn�ttar 61"iN CA 92648 ' f� Nun tington bds�ch 4ovelopment se�vieic , dsq irtf��nt ffAf f ,t -,_ -REP0R1r _ _ TO: Planning Commission FROM: Development ' Services DATE: May 6. 1986 SUBJECT: REVOCATION OF CONDITIONAL USE PERMIT NO. 85-21 APPLICANT_: Cotter ' s Tree Service DATE ACCEPTEDz i P.O. Box 773 Not appicable Stanton, CA 90680 , . _ . • MANDATORY PROCESSING DATES REQUEST: To consider revocation of Not applicable CUP 25-21 for failure to Comply with condi:ions of ZONE: RA-O-PesidentiaX approval . Agricultural Combined with Oil Production LOCATrON: West side of Edwards Street, approximately 330 GENERAL PLAN Planning' Et. south of Ellis Avenue Reserve "~ ACREAGE : 1. 92 EXISTIiNG USE: Mulching ,l Operation 1 . 0 SUGG'.FSTED ACTICN: Revoke Conditional Use Permit No. 85-21 based on the findings outlined in this report. 2. 0 GENERAL INFORMATION: Conditional 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 Auqust 20, 1985. Since approval at Conditional Use Permit No. 85-21, the applicant has failee'i to comply with nine conditias.s of approval. At -the ,April 1 , 1986 Planning Commission meeting, -the Cot:iinisnion . voted to continue this item for two weeks do allow the applicant an opportunity to comply with all applicable conditions of:. approval f6r Conditional Use Permit No. 85-21. On.,April 15, = 198G..' the Commission continued this item once again to permit the applicant- additional ' titee to comply with the conditions 'of approval. 8 ,r JI 7. 0 SPECIFTC PLA14: Not appl ioabl e . b 8. 0 'SUBDIVI'SION COMMITTEE : Not applicable. 9:0 ISSUES AND ANALYSIS: on April 15, 1986 , the Planning Commission contin-jed this iten, tr. the May 6, 1986 meeting to permit the applicant, add:tiona,l time to complete the screening of the existing chain lint: fence_ along Edwards and �o ,install the two 8000 gallon water tanks on the site. As of May 1, 1906, the applicant has cu;nplied with all conditions of approval ;addressed in -the April 15, 1985 staff report with the exception of the installation, of the water. tanks. The fence screening hag been installed, however► a number of gaps in the screening still exist . Without the availability of water, the potential for a fire at this site is sti, !,l present, therefore , the staff recommends that the Planning Commission: revoke Conditional' Use Permit 85-21 with the attached findings as outlined in Section :1. 0. 10. 0 RECOMMENDATION : i Revoke Conditional Use Permit 85•-21 based on the following findings : :. FINDINGS FOR REVOCATION - CONDITIONAL USE PERMIT NO. 85-21; 1. Slnce 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. 'with'In a reasonable amount of time. Non-compliance with the conditions of approval has created an unsafe situation which could reault in property damage due to fire. 2. The applicant has failed to comply with two conditions of approval , as outlined in this report , within a reasonable amount of time, thus Eailing to fulfill his obliga' ohs under the approval of Conditional Use Permit No. 85-21. ATTAC1114ENTS: 1 . Staff Report dated April 15, 1986 2. Staff Report dated March 27, 1986 at4f a Staff ' Report - 5/6%86 -3 038d) �{ • Conditional Use Permit No . 35-21. . As of April .11 ,, 1986 , the applcant has made a goad Faith effort in ' conplying with t he majority of the rondi'tions , 3 .�O SURROUNDING LAND USEL zourNG AND GENERAI. PLAt: DESIGNATroust.. r Subject _Property: GENERAL PLAN DESIGNATICN: Planning Reserve ZONE: RA-o, Residential Agricultural Combined wi til Oil LA ND USE: Edison Substation and vacant, North of Subject Property : GENERAL PLAN DESIGNATION: Planning Reserve ZONE: RA-0 Residential Agricultural combined with oil Pruduction LAND USE: Edison Substation and vacant East of Subject Property : (across Edwards Street ) GENERAL PLAN DESIGNATION: Estate Residential ZONE: RA-CD, Residential Agricultural cor-biped with Civic District LAND USE : Existing Temporary Connerrial Horse Facility South of Subject Properk ►: GENERAL PLAN DESIGNATION: Planned Conn- unity ZCNE: 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-C" , Residential Agricultural combined with oil Production-Coastal. Zane LAND USE: Vacant `. 4 .0 ENVIRONMENTAL STATUS: Negative Declaration No . 85--50 was adonted by the Planning Commission on August ZD, 1985 . The site has been identified ,as' An - archeological site . 5 . 0 COASTAL STATUS: Not epplIcable. Staff Aepoat - 4115/86 2w (44d)' - - (71 6. 0 REDEVELOPMENT STATUS ; ' . Not applicable . 7. 0� SPECIFIC PLAN: � Not applicable 8 . 0 SME IVISIGN COMMITTEE: Not applicable . i 9. 0 ISSUES AND ANALYSIS: On April 8 , 1986 , the applicant and representatives from the Fire Department and Development Services met to discuss compliance with the conditions of approval for Conditional Use Permit No . 65-21 . The applicant has agreed to comply with all applicable conditions of approval in the following manner : CONDITION NO. 1 .a - 60 foot deep paved entryway including a 6 foot igh chain lin ente incorporating a 25 foot cut-off for site visibility . The staff recomimends 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 from the site by semi-trucks as compared with an entry located to the south of the property . The Ellis Av ►!riue entry allows semi-trucks to exit the site onto Ellis and utilize the signal located on Goldenwest . Street . The Department of Public storks has concurred with this recommendation . CONDITION NO. l .b -- 6 foot slatted or screened chain link fence pard1lel to Edwards Strut , including the entryway to the mulching operation . The 6 foot high chain link fence will be acreened by the applicant with 90 percent opaque material b FApril 1 Y p 5 , 1986 . CCNDITION, NO. 4 - tin-site fire hydrants or other means or water access shall be provided in number and at locations specified by the .I Fire Department . The applicant will be installing two , 8 ,000 gallon water tanks on the site equipped with valves compatible with all Muntinoton ©each fire vehicles . The two water tanks will be set back from Edwards Street approximately 230 feet . The applicant has agreed to InsitaII the tanks no later than Tuesday, April 22, 1986 . Staff Report .4115/86 -3- (4624d) • CONDITION NO. 6 - The applicant shall meet all ` applicable local , State an Fe eral. fire' codes , ordinances - and standards . The applicant has agreed to comply with all applicable conditions of #P,,.z approval by April 15, 1986 . At that tide , the applicant wi31 'be in substantial, conpliahce with Conditien No , 6. CONDITION No. 9 - Fire access lanes shall be maintained . If fire lane violations occur ar:d the nervices of the .Fire Department are required, the applicant will be liable fcr expenses incurred . The applicant 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 piles to 12 foet . The Fire Department has the authority to site the operator for violations of this condition and will do so in the future. , if necessary. CONDITION 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 minutes by this department , a Certificate to Operate will be processed for this business . CONDITION 0. 115, - Access to the site from locations not approved by + the Planning Commission shall be prohibited . As discussed under Condition No . 1 , the staff is recommending the applicant be permitted to continue using the entry located at El 'l,s and Edwards Street . CONDIT10:1 ?10. 16 - The applicant shall discontinue the use of the northerly property within ten ( 10 ) days from approval of Conditional Use Permit No , 85 -21 . Fature use of the northerly property as a mulching operation shall be prohibited unless a conditional use permit is approved by the Planning Commission . As of April 11 , 1986 , the applicant substantially complied with Condition No . 16 . All miscellaneous wood and Mulch has been renl)ved, from the northerly property. CONDITION 110. -17 - The property owner shall grL nt. an open space easement to the City over and access the 1 . 3 ± acre parcel of land Located to the west of the Edison Substantion and delineated on the conservation and open space element and shown in the Balsa Chica Linear Park Boundary Study within 90 days from the date of approval of Condional Use Permit No , 85-21 , The staff is presently negotiating an open space easement with the property owner for this 1 . 3 acre parcel in conjunction with the ' Bolsa Chica Linear Park . t shift Report 4/15/66 �,- t4614df _ __ 0 a RECOMMENDATION; The Staff recommends that the Planning Ccxmission not revoke Condi.tiona-1 :Use Permit No . 85-21 based on the applicant 's good .aith effort to substantially comply with all `conditions , of approval . Staff also recommends that this item be reviewed by Planning Commission again in 90 days to detecniste if any violations have occurred. 11 . 0 ALTERNATIVE ACTION; Revoke Conditional Use Permit No . 65-21 based on the following findings : FINDINGS FOR REVOCATION - CONDITIONAL USE PERMIT 140. 85-21 : 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 situation which could result in property damage -due to fire . 2. The applicants hLs failed to comply with nine conditions of approval , as au~lined in this: report , within a reasonable amount of time , thus failing to fulfill his obligations under the approval of Conditional Use Permit No . 85-21 . ATTi�AC fill ENTS: .+ 1 . Area map 2 . Staff Report dated April 1 , 1986 k 1 a jt Y , } Staff Report 4/15/'86 '(4624d ) { , • + • huntinstan beach dsvatapment services `rdepartment JRWAWW A f f PORT TO: Planning Commission, FROM: Development Services DATE: March 27 , 1986 SUBJECT: REVOCATION OF CONDITIONAL USE PERMIT NO. 85-21 APPLICANT: Cotter 's Tree Service DATE ACCEPTED: P. A. Box 773 Not appicable Stanton , CA 90680 MANDATORY .PROCESSING DATE: REQUEST: � ..-..._. ..___._. To consider revocation of Not applicable CUP 85-21 for failure to - 'F& comply With conditions of ZONE: RA-A--Resfaentia,z approval . Agricultural Combined with Oil production ' LOCATION: West side of Edwards Street , approximately 330 GENSRAL PLAN : Planning f t . south of Ellis Avenue Reserve '-- ACREAGE : 1 . 92 EXISTING USE: Mulching Operation 1 . 0 SUGGESTED ACTION: Revoke Conditional Use Permit No. 85-21 based on the findings outlined in this report . 2 .0 GENERAL INFORMATION: Conditonal Use Permit No . 85-21 , a request to permit the storage and grinding of Wood products (m. ulching operation) wav approved "by the Planning Comminsion on August 20 , 1985. Since approval of Conditional Use Permit No. the applicant has failed to comply with nine conditions of approvals The Planning staff and . Fire Department have been unsuccoasful in persuading the applicant to comply with the conditionsp , therefore, s been referred to the Corm. ission for revie� and the matter has r r t, a possible revocation of the applicant 's conditional use ' per 'i t & ° i C;z " J : i 9 t 3 . 0 SURROUNDING LAND USE "YONING ,M GENERAL _PLAN DESIGNATIONS: iv Subject Property �,� 7 GENERAL` PLAN DESIGNATION: Planning Reserve ?ONE: RA-O, Residential Agricultural Combined with Oil LAND USE: Edison Substation and vacant North of Subject Property • GENERAL PLAN DESIGNATION: Planning Reserve ZONE: RA-0 Residential Agricultural Combined , with Oil Production LAND USE: Edison Substation and vacant East of Subject Property; (across Edwards Street ) GENERAL PLAN DESIGNATION: Estate Pesident'ial ZONE: RA-CD, Residential Agricultural combined with Civic District LAND USE: Existing Temporary Commercial Norse .1 Facility South of Subject Property ; ` I GENERAL PLAN DESIGNATION: Planned Community ZONE: RA-0-CZ, Residential Agricultural. Combined with Oil Production-Coastal Zone '! LAND USE: Vacant West of Subject Froperty: I` } GENERAL PLAN DESIGNATION: Planning Reserve ZONE: RA-0 -CZ , Residential Agricultural Combined With Oil Production-Coastal t Zone . LAND USE: Vacant 4 . 0 ENVIRONMENTAL STATUS : r ( Negative Declaration No . 85-50 wai adopted by the Planning Commission on August 20 , 1985. The site has been identified -as an archeological site . Due to the operation of tucks on the site during inclement weather , numerous ruts have been created. Shoul d the Planning Commission .'permit the applicant-to continue top .ratin cep9 at • the - site, staff recommends that an all weather road; Ace e to the Fire- Department, be tnstalled by .the applicant to `pre'vent deteriota.tion of the archaeological rite . 9 l f Staff Report ` 4/1186 t4336d �. a S 0 COASTAL STATUS; } 1� Not applicable . 6 .9. REDEVELOPMENT STATUS : ' Not applicable . 7. 0 SPECIFIC PLAN : Not applicable . 8 . 0 SUBDIVISION COMMITTEE ; Not applicable . 9. 0 ISSUES AND ANALYSTS: On August 20, 1985 , the Planning Commission approved Conditional Use Permit No. 85--21 for a two- ear period with 17 conditions of approval . To date , the rapplicant has failed to comply With nine of the conditions . These conditions are Nos . 1 , 4 , 6, 8, 9, 13115, 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 condition; of f approval b} working with the applicant. However, to date the applicant has not fulfilled his eesponsibilities under the approval of Conditional Use Permit No .; 15»21 . Condition 'No . 13 requires, the . applicant to obtain a certificate to operate for this use from the City. As of March 27, 1986, the applicant has not applied for a certificate to operate at L•he site . Section 9730.80 Certificate to ,92erate requires the issuatice of a certificate to opEra e y oev'opment Services at the time all conditions are completed . of greatest importance , is the applicant ' s failure to comply with cone�ition No , 4 which states : 'On-site fire hydrants or other means of vat:er 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 subiect property , smoke could drift down into the Ellis Valley. and, jeopardize 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 Iire . Department to combat a fire should this occur . To date , there has been one fare at this location . Ftaff Re ozE 411186 -3» • As of March - 1 ) , 1966, the applicant has shown sooe improvement ejn the site . The 'mulch piles have been lowered, the majority of the � . materials to the north of the site have been removed, and f1re la:les have„been created between the mulch piles . However, due to thei;, seriouuness of " this situation, and due to the lack of cooperation shown 'by the applicant , staff is recommending revocation of Conditional Use 'hermit N;i . e5--21 . 10.0 RECOMMENDATION ; Staff recommends the Planning Co mission revoke Conditional Use; Permit No . 85-21 based on the following findings : FIt JDINGS FOR REVOCATION -- CONDITIO!iAL USE PERMIT NO. 85-21 : 1 . The applicant has Failed to comply with Condltiorss 1 , 4 , 51 8,;' 9 , 13, 15 , 16 and 17 within a reasonalule 'period of tine . 2 . Failure by the ' applicant to supply adequate wq:ter to I:he site for fire Sighting 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 CommiQsion on CUP 85r-21 on August 20, 1985 .. 4 . The applicant has failed to maintain ' pp proper fire lanes on the site as required by the Eiunt'Ington Beach Fire Department . 11 . 0 ALTERNATIVE ACTION: G int the applicant a two month extension of time to May 20, 1.986 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 : . Site Plan . 3 . Staff Report dated August 20 ; 1986 4 . Fire Department mega dated March 26, 1986 S . Fire Department letter dated July 11 , 1985 6 . Fire Department letter dated March 13, 1985 7 . Fire Department letter dated July 25 , 1985 8 . -Development Services letter to applicant dated September, 11 , ` t. 1985 9 . Development Services letter to applicant dated March 4 , , 2996 Jt :kla s, staff Report 4/A/86 -4- (4538d ) • • 1.1• R u •1) .A.so ..••.«•.r.�-.r • •1•h h 1 Id/ rr - iM••p•►•14 1 �.• •I..•••M It4N. iM••• 14 . .,� �/�` a .. �"�: �...� I f Jtr •RI �. RI si RI Z M•G � �1r ss•rr-•►-J '� 1� 8 ! `i+' 1-y iu—rsr—""—- i�` C F-R LY lop a ZZ tp`ti t . RI RA-0 -CO ., may'•:�..�• �-( ��'w�v: + RA-0-CD I CD tea. �• . : yy r r. . ��•r Ir�itawici � RI .=gal ate: •�taca acab.��c frr,l:Cu+tal RA—CO ir.'.►`7.D .l a►1Y.?t.:�JCICr_....�•1►.-.. I •. ! ,. .vQgi w�, �. 1 1 J -� AAr= P t 1 , ...-.••. �. • RA-01 RA-0 lJ•a•a{ l RA,,,0-CO :RA %vz ..��r�cl:ssosa•+•-�r-�Ic'•rl����_L ,fir�-.- � rp»��- r ;i �t Tall 11OGTON 8W.:H C4FMNIA' Conditional ilea Pexmit 't;a. �85--21 PLANNING .DIVt51GN g Dec lar�l,t... n N��. 85 5t1? • t { ,t:•.� .�rt�+ _`t'}; ' •''L{�. !jet `.-__ - ° •;.'i � �1 ;n_— } !• _ _ - __-- _ .,_,_{t—___._ 1 i. .i REMAINDER OF' I T LM 10 BE COPIED f OH REGULAR AGENDA PACKET i i i i S c , r .-5 huntington beach davelo ment services d• artm p p ont . STAB F.PoRT. Planning Commission r FROM: Development Servkces DATE: AQgust• 20 , 1985 PROJECT: CGiMITIONAL USE PEFXIT NO. 85 -21;NEGATIVE DECLAPATICIi NO. b5-50 APPLICANT: Cotter 's Tree Service DATE ACCEPTED; P. U. Box 773 July i41 1905 Stanton , CA 90680 :'.EQUESi: To permit the storage and MANDATCRY PROCESSING DATE grinding of wood products Septer ber 24 , 19e5 (n►ulching operation ) Pursuant to Section 9331 . 3 LOCA^_'roy: West side of Fduards Street O - � t ZONE:E. R1�-0 Residential approximately 330 feet -south Agriculture combines: with of Ellis Avenue Oil Production ACREAGE : 1 . 92 acres GENEPAL PLAIT : Planni g Reserve EXISTING USE: £ i iron ;3u s to t ion any; vac nt 1 . 0 SUGGFSTrD ACTION: Approve Conditional Use Permit Vo. and IFegativo Declaration No, '85-50 , based on the findinos and ccnditions of approval outlined in Section J .O . 2. 0 GENERAL INFOFMATI©N: Conditional Use Permit No. 85--21 is a request to permit a mulching ; operation (storage and grinding of good products ) on the subject Y> property for a two year period. The rmilching operation would primarily L e uses: t by Southern California Edison Tree . Mair enenca Personnel , the City of Huntington Beach Tree Maintenance personnel and curr�entlppoiE ratirartheenulchinngbuainesssQn Th appliGanL ` is y the ` f F ' _ g the- subject p.oper ty without city approval t 4,+ 1 0 SURROUNDZ;IG LAND USE, ZONING -AND GENERAL PLAN- D£SIGRATTONS: , ;Sub 'ectyProperty: GENERAL PLAN DESIGNATION: Planning Reserve ZONE: FA-O , Residential Agricultural Combined , with oil LAND USE: Edinon Substation and vacant North c,f Subject Property: GENERAL FLAN DESIGNATION: Planning Reserve ZONE : PA-0 Residential Agricultural 'Co bined with Oil Production LAND USE: Edison Substation and ;vacant East of Subject Propert., (across Edwards Street ) GENERAL PLAN DESIGI;ATYON: Estate Pe3idential ZONE: RA-CD, Residential Agricultural combined with Civic District LAND USE : Existing Temporary Commercial horse Facility South of Subject _broE_erty: GENEFAL PLAN D£SIGNA':I0,1: Planned Community ZONE : PA-0--Cw , F,:sidential Agricultural combined with Oil Production - Coastal Zone LAND USE: Vacan t West of Sub 'lect Property : GENEPAL PLAN DESIGNATION: Planning Feserve ZONF: PA-O-t'Z , Residential Agricultural combined with Oil production - Coastal Zone LAND USE: Vacant 4 . 0 ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Development Services posted draft Neyative Declaration No. 85-53 fc:r ten days , and tic 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 Conditiona).' Use Permit No. 85-21 , it is necessary for the Planning Commtssi 9 cn to eeview and act on Ile ztxve . Declaratiors , No . 84-50 , 5. 0 COASTAL STATUS: The sub juct property is 'not - within the boundaries of the coastal zorme f _ . Staff F r t R�,'i0�85 - 2 3n t tf. Feo ;: - RE, DES MEt4T STATUS : The subject property is not within any Redevelopment Area in Huntington Beach . >. 7 .0 SUBDIVISION COMMITTEE: NSA 8'. d _ 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 eciod . The proposed P J P P Y Y P P P mulching operation is a process by which wood products, including lumber and tree trimmings are ground up , then loaded into semi-trucks IJ which transport the material to users throughout 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 , inclu?i.ng . mulching operations , on unimproved private or public property subject to the ap_.roval of a conditional use permit and subject to the requirements contained in the above-described code section . In summary , these requirements 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 deeated necessary by the Planning Coir . issiun; 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 identifies: by staff in analyzing_ the proposed mulching operation : 1 . Conditional Exception No . 70-60 which required landscaping to be installed around the Edison substation at such tine that water is available on Edwards Street , or when requested to do so by the Planning Commission . 2. Design o` the entryway to the site . 3 . Mitigating measures fa .-, fire prevention and control . 4 Street dedication on Edwards Street. 5 . Screening of the site along Edwards Street . 6 . AQMD requirements for the prevention of ail' pollution . on .January 5 ,. 1971 , the Planning Commission h rs!-d 4nd approved Conditional Exception 70-60, a request by Southctn California Edison to permit the construction , operation and r�air���'enance of an ' electric _ . distribution station at -the west end of the zisb;ject property .. In its approval " of ,Conditional. Exception No . .70-60,,' the Planning CO Mission required the applicant " to provide landscaping around the` prop9sed. ", facility when water becane available 'on ' Edwards Street , 'or 'When ' ; requested by the Planning Commission . Staff .'Re port 8/20/85 -,3w t3089d ) The staff is recommending that the Planning Commission now requite 'the Edison `Company to provide landscaping around the substation as pr.ov i ded by condition no 2 of Conditional Exception No . 70--60. If approved, the applicant would also be 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 1.ocated, 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 revised Flan 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 suggests 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 nulchin3 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 Department has indicated that 20 ' of dedication should be made at this time for future widening of Edwards Street . Street improvements , including curbs , gutters , and sidewalks , are not conternrlated at th ,.s time . The Planning Staff concurrs with the recommendation by Public Works to dedicate at this time . To mi.tigate the potential for air pollution from airborne particles , the !ataff recommends that mulching be prohibited during times when `she wind exceeds 13 in- ph . Staff also recommends that the mulching machinery be equipped with a hood to prevent unnecessary airborne particles from leaving the site . The South Coast AQMD has indicated orn similar projects that organic materials should be watered down r,uring extreme wind conditions . Staff is suggesting that a condition be added covering this situation. AQMD standards for the mulching operation would also apply to this project . The applicant would be required to have the use reviewed and approved by the South Coast AQMD and submit a copy of the approval prior to the issuance of a Certificate to operate . 0. 0 RECOMMENDATION: Staff` recommends the Planning Commission approve Conditional Use Permit No. 85-21 and Negative Declaration No . 85-50 based on the following Eindings and conditions of approval . FINDINGS FOR APPROVAL: , 1 . The establishment, maintenance and operation of . the ' mulching ; operation will not be detrimental to: a . The general welfare 'of persons residing or working in the vicinity . With the exception of the horse facility the surrounding pro exties are currently vacant , LheNfore will not afrect residents; Staff. -Report 8/20/85 4- ( 308,. - 9d) , 77 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 City 's General : plan of Land Use . 3 . The proposed mulching operation substantially complies with the, requirements set forth in Section 9331A of the ordinance Code . SUGGESTED CONDITIONS OF APPROVAL 1 . A revised site plan shall be submitted depicting the modifications described herein : a , f0 ' deep paved entryway including a 6 ' high chain link fence incorporating a 25 ' cut--off for site visibility. f b . E ' high slatted or screened chain link fence parallel ` to Edwards Street , including entryway the entr wa to the E mulching operation . 2 . Prior to issuance of building permits , the applicant shall bmit the following plans: a . Landscape and irrigation plan to the Department of Development. Services and Public works for review and approval . 3 . The development shall comply with all applicable provisions of the Ordinance Code , Building Code , and Fire Code . 4 . on-site fire hydrants or other means of water access shall be provided in number and at locations specified by the Fire Department . 5 . There shall be no outside storage of vehicles , vehicle parts , equipment or trailers . 5. The applicant shall meet all applicable local, State, and Federal Fire Codes , Ordinanceo , and standards . }; 7 . Installation of required landscaping and irrigation systems shall be completed within twelve ( 12 ) months . 8 . All signs shall comply with Article 976 of the Huntington Beach Ordinance Code. ; 9 . Eire access lanen shall be maintained. If Eire lane. violations occur and the services` of the Fire Department are' required, : the applicant wily be liable•'For expenses incurred: PP , 10. The Planning Commission reserves the right to revoke this Candit onlival ' USe Permit -if any violation of these condition ot thes Condirional � U gton Beach Ordinance Code occurs. t .Staff Report • 8I20185 � -5- t3 d ) y s , , 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, ,Department of Development Services to determine if violations of the conditions of ap proval 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 AQMU. 14 . t+;ulct;ing shall be discontinued at such time than the grind velocity exceeds 13 mph . At such titre that the wind exceeds 13 mph , the mulch piles shall bewatered down to mitigate possible air pollution . i; 15. Access to the site from locations not approved by the Planning Commission shall be prohibited . AI..TERNATIVE ACTION: As an alternative, the Planning Commission spay consider denying Conditional Use Permit t1o . 85-21 and t;egative Declaration No . 85-50 . based on the following findings : ALTERNATIVE FZ!JDI!iGS FOR DENIAL; 1 . The establishment: , maintenance and operation of a mulching operation on the subject properr;: will 4e detrimental to the genera], welfare of persons 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 thin area of the City. j The proposed use will create dust and air pollution problems which will be detrimental to those people living or working in the area. ATTAC' MENTS 1 . Area Map 2. Narative received and dated May 8 , 1985 3 , Minutes of :he Huntington Beach Planning Conr'tissic)st Meeting dated January 5, 1971 4 . Negative Declaration No. 85-50 Staff,' Report` 8,�21�85 MCA #3009d) : { •.I.y •1 II Aft My •s�•r•+r/.M►1 ff a /'1'•1 4 1 •L►i '•'.) 4-.wa iaYM W1./ ' r GIs it 1, •'i ti i tiro ::J'1 ,.r'. .�.a r.•� . Y�'-�.r`•��f , �' � !Il•l2 i�S�I�.����rtrp�-q�.�, �u+.r► w' OTi"""" '• •+� - • '' R1•C �1 '��—,i .=•t�.t;�+•c: �'^,.C. R�-CO•CZ ��l�+�: �• f I R1�"Jc„- f, R` iti--+s�•' —r--•=,• '� l}' Ri: R! R IF?j CZ / ,.r V tr J _�V.I op •Z it -`�:,,,, ,4 ..\,.(� a �'•,r� pr � '---•.,,•� �r. r ' RI-CD f• �.., 1 .b •. � r,•,• ( ...J �'...,a 1 r.... .....J 4..----...mow \ RI •'•• •:S JC�ll:S0C' i::a Cr •:�s.1Csn { `?•0 .n - -� � tNA[ZCti[:t` .h Y'7CC�M� �,•..�_...�' -•--'-•«.J..-�.......,.. !` CD ' ►.a V) f 1 • y l RA CD RA .�♦ ..• �•, �1 bJ-4.4� xJ Aa•�lj� ' 1 ;fit • �� _. _ ...,ct. __. _. ._.._._.t±t.:.. t•�•71 r RA-01 RA-0 a t, a•a N o•co .'RA -CZ 1 _:..�_.._.� � ems• Ja ,� li RA-pt a C' RA-0 j FZ4-0•Co 1� Art" aaArl[l0 ' s, I;.c zz�/- lk 'HUNTINGTON 864CH CrtLFORNfA Cuc�n i ticr:a l use. P»�rmi t Na, 85--2l' PLANNING DIVISION Megat.iVa Declaration No. 8 5{1) is �. tY r �•tt;` 1 s Y'•t�/ I ��.. — � i s I,' .{y+-, ;- ..� � • +,• t ' 1 rl fir{ M s.:. r u Co er's TreA Service Inc. 1 10662 COURT ST. P.Q. BOX 773 • STANrON. CAUFORNIA kM • PHONE 527.36M May S, 1985 HUNYING1011 SEAC:; DEVELOPMENT 5E;'11UES Nix( P.O. Boa 12.0 Robert L. Franklin . +� 3�ah, 0 �c City or Huntington Beach Dept . of Development Servizes P.O. Box 190 Huntington Beach, Calif. 9264$ SUBJECT; Conditional Ilse Permit for Mulching Operations W/S Edwards 500' Slo Garfield The subject property is being biased i:rom the Southern California Edison Company, who utilizes the southerly 2.89 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 . 14-acre site. i 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 inspciction that Will be conducted by the Southern California Edison Comparfy. This site will be used for my company personnel , the Southern California Edison Company tree maintenance personnel and also the City of Huntington Beach tree maintenance personnel . ' once tgie material is ground up, it is loaded into trucks to be transported to contracted users of the subject material, throughout southern and central California . These 'contracts require a continuous supply of material, which necessitates an active program of grinding and removal and a minimal. amount of stock-piling of the ground material. The rural nature of the area is conducive to this operation ,. With only oil production and stable use in the area . We plan to maintain a dis tanc;j of at least 50 feet from any, property , line to aid its shielding this operation from the public . The disposal of. this tree material into a secondar � us e isp S also a benefit to the public in general, which assists in reducing ` the na'terial taken to landfill sites . . t i t E F Page 2 •de rep�ooctively request the approval of our conditional use i, pemit., for the purposes outlined in this letter , t . r ;, •,I would be pleased to meet and discuss this matter fur the r.` nr your convenience . Sincerely, 02 SOUNY �t3T(Zt SC : ct cc : H. W. Compton Southern Calif. Edison �I - , •a +h., ,+...5 ! ._ .r. _k ;l \, 'u - .. _ —.— _ K4 _._. + Ertl} ," ta ,trrx• .' 'J ,},r }g s'Z,7 - C-;3 CONDI TION&L USE PERMIT NO. 85-21 Conditonal 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 A-ist 20, 1985 . Since approval of 'Condit•lortal Use Permit No. 85-21 , the applicant has failed to iromply with nine 'conditions of approval . The ,Planning staff and Fire Department have been unsuccessful in persuading the applicant to comply with the conditions , therefore , the matter has been referred to the Commission for review end possible revocation of the applicant 's conditional use permit . 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 . Due to the operation of trucks on the site during inclement weather , numerols 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 . THE PUBLIC HEARING WAS OPENED Sonny Cotter , applicant , was present . Me 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 cater hydrant . He addressed each condition with the Commission. Larry `Rothr:an , 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 AQMD. He summarized his client ' .i Intentions and requested that the Commission grant him 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 present to speak for or against the proposal and the public hearing was closed . commissioner Rowe stated than he had personally driven by the s;t.te and it did not .appear to him that the conditions of approval- were being complied with. Piles of compost/mulch were present an& her, was concerned that if there was a fire the Lire department couldn 't get . onto the site due to the lack of fire lanes. Commissioner Erskine 'felt that a ` continuance. -of> t�iE item fo: two ;weeks , to allow the applicant to comply with. all conditions, I would be fair . He also requested that a copy of the letter stating that this property is exempt, g.anred by `'ApMD, be presorted to the Commission for review. s 4 PC Minutes 4/1/86 5" 599d , Commissioner Livengood felt that a continuance was not in order . '. He felt: Chat enough time had' been spent on thin item. The _alternative action suggested b staff y 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; decisic; . Commissioner Schumacher feels that this is an archaeological site and since no road has been put in that the site is being degraded ' and is 'deteriorating, and that if all conditions could not tie complied with that the permit should be revoked . She felt that two Weeks would be sufficient time to comply with all conditions . A, MOTION WAS MADE BY ERSKINE, SECOND BY PORTER, 4 CONTINUE CONDITIONAL USE PERMIT NO. 85--21 TO THE APRIL 15, 15485 PbAIINING COMMISSION MEETING, AND TO RECONSIDER REVOCATION AT THAT TIME, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell , Schumacher , Erskine, Porter , MirjahanfJ1- NOES: Liven good ABSEUT: Notre ABSTAIN: None MOTION PASSED C--4 C014DITI SAL USE PERMIT NO. 86-1 Z 'In February 198 the City Council adopted a General Plan Amendment and Zone Change f r this property. Both the Planning Ccmrr.ission and City Council revi.e ed a conceptual site plan , floor plans and building elevation.e 'or this sensor citizens apartment project . The applicant has sli . tly Modified the unit mix of the project . Ten of the one bedroom lus den units have been i-onverted into two bedroom units . The amp ' cant notes that market research has shown a demand fo: two bedroom s for units for husband/sri fe or senior/relative . The pat ng provided reflects this change in the plan . The applicant originally sub , itted the General Plan Amendment '':2'nd Zone. Change request in Septem er of 1985. The Conceptual Plans were revie ed by staff according to this aequxrements of the Senior Resid tial Dev"lopment standards (Article_ 932 . 5 ) . The SR suffix i added to the base zoning designation . Developments must cc p1y, with the SR standar-ds for, all requirements listed in chat section of the code, and, wher.e ' siletnt, the underlying base district . I.;1dr . this particular, project. the underl ing zoming fs R3 rel unary plan ''check of the conceptua plans was . based 'can the standards of the SR, and, where silent , he R3 gone . PC` Min 6- i .1f ivs. .. -..'--.-..._.-.e. .�.,sT.w...+.�rvrw+.r.r+..w•Mw.t•I•w.••wYrMw+M.r+,..M. J Y..�,sArr.rrMY+ww..rwr•it•.w.w.ti+*.ram PUBLIC HEARING ITEMS 1_.THROUGH C-15. AND ITEMS 0-1, THROUGH." Dw'14 (Continued) s C 5 (if n) C b tContintted) C 1S {..ontiERs'tC�3 ` r EKE" EhRD: SX THE PLANN 'VG COMf�Y S52AN TN :'THE. FOLLOWING :ORt�nue.d) , .. ,_ R+ C-'i p C2 and C-9 •(Cnti -8, , C- D -11 D-2,, D-3 D-- 4o r � CC-10 , C-lI , C-121 C-13 , an 140' , C.• ,PAC HEARING ITEMS: C. 1, 1 REVOCATION '.OF.,' COh'DI rioNAL •USE'�'PERM IT ' NO- 85 "'22 P'. Condi tf onal Use Permit r�o , 85-2I, a request to Pere+f t the chi ping �. and storage of wood products (mulching operation) was approved by the Planning ing 'Commission on August 20 , 1985 . Since approval, "bf ti mit No . 85--21 , the applicant has failed tip 'comply with nine conditions of approval . At the 'Ap:il 1, 1986 Planning Commission meeting, the Commission voted to continue this item for two wp..'.%.q to allow the applicasit an opportunity to comply with all appli.:anle conditions of approval for Conditional Use Permit No , 85--214 As of April; 11 , 19860, the applicant has made a good faith effort in complying with the majority of the conditions . Staff recommends that the Planning Commission not revoke 0.6nditional" Use Permit No. 85-21 . Staff also recommended that this item be reviewed again, by the Planning Commission within 90 days to determine if an additional violations of the conditions of approval Y pP have occurred . ` 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 . THE PUBLIC HEARING WAS OPENED t. There was no one present to speak for or against the project aril the public hearing was closed. Mike Strange; stafc, also informed the Comni.ssion that Mr. Cotter had scheduled water tanks to be brought in on Saturday, '"the `mu lchit�g material had already been removed, and that the screening on tht, ' chain link fence would also be complete by then-, The Commissioners were concerned with the possible liabilities that might occur If any more time was allowed. PC Minutes -- 4/15/86 -3- '1476ld) •v_u...u.. Y5.N 1w`"..... .., ":.r1Mlr^. t\ M•..:":, , Il . ____ _ — _ _ —__.. - -_ —_ A MOTION, 'AAS °MADE ::ay ERSKINE, . SECOND: BY ROWE ,TO, CLOS:E THE PUBLIC HEARING-' AND', CONTINUE .THE- REVOCATION HEARING ,UNTIL, THE MAY_ 6 , 1986 PLANNING . COMMISSION MEETING, AND .IF THE .-VIOLATIONS WERE NOT CLEARED UP, AT; THAT :,TIME 'THE ,CONDITION&L ``USE PERMIT WOULD BE REVOKED, . SY THE FOLLowrNG VOTE ( AYES( Rowe, Winchell , Livengood, Erskine, Porter , Mirjahangir NOES : None : ABSENT : Schumacher ABSTAIN : None MOTION PASSED C- CONDITI!�NAL USE . PERMIT NO. 86-11 li On ; Ap 1, 1, 1985 , thePlanning Commission continued Conditional., se , , rrmit . c: 8b-11 to allow the applicant time to redesign the PE f p oposed econd unit addition . As an alternative to the or anal design, th applicant initially thought that the second un could be accommoda ed in the rear yard of the lot. However , a er discussing th ;ratter with her contractor, Mrs. Mactlal discovered i that adding the econd unit in the rear yard would by cost prohibitive . As a second alternate vie, the applicant has prop ed to 'enclose the stairway in the 8 foot ' sideyard setback and e• end the garage by '3 feet in order to visual,\send the stairwa Pram street view. Staff believes that theunit show be constructQd in the rear half of the lot (a , exi.sti home) in order .to,. be compatible with other thomes 'n the neighborhood and r_o limit the visual impact on their ending neighborhood. THE PUBLIC HEARING WAS OPENED Judy MacHale, applicant, was resent t speak in su PPott . i6f the project . , She' 'caplained th the addit.io wb-_ 'to house her 're- ired mother. She felt' that he wide lot would :.comodate the stairway and ;that her budget wo2wever prohibit her from aking,'any extensive ; chP�ge s to her plans, she was willin to make modfficatianse There were no other/person' s to speak For or aga St the project an d the public hearinewas closed. A MOTION WAS MAbE 9Y ROW i f SECOND BY W111CHELL, TO C0: INUB T 1 CONDITIONAL USE PERMIT NO. 86-110 TO THE MAY 6, 1986 P NNING COMMISSIONMEETING TO ALLOW THE APPLICANT TIME TO S1:IBMZT ttEW PLAN, WHICH WILL"MORE CLEARLY DEPICT THE LOCATION OF THE STAIRWA BY TE1E FOLLOWING VOTE AYES Rowe, Winchell , Livengood , Erskine, Porter, Mirjahang i t7QE; None ABSENT: Schumacher AHSTA.YtJ No MOTION PASSED PC Minuted -- 4/15/86 ( 4761d) - Department of.. Development Services posted •,-draft Kegat v r De'claratiAh No. : @6-�t.for.`ten dikys'f an c3 no caAtiaents .with verbal or. o ect has recommended .t'hat :-.a;'ne �'in `:.its initia►1 :•stu uf,',khe`writt'en were :recei•ved. The' staff; . �.., P �. • Y. ;` gative declarati be :3a`sued ,Termi No. 6 21 it is ne'cessary9for�th��Pla' `, Com ional ttse Pr to, an action 'oar : Zone Ch � - a ng Commi,msion to review . _d act on Negative Declaration 110. 6-2. THE PUBLI .• . • . - ;; C RING WAS OPENED The. applicant req gated 'tha ' th-j ' it 'be con• i. ttinued u;iti.l a June meeting date . The a licant:, agent, John Cowles , wt'_� present at . the meeting and waivee' ndator y procesaing ;3ate. . There :,were no other per ns resent • to. spei+l: for or • vdinst the project and the publ hearing s closed ., v� MQTION WAS: MAD Y.' PORTER, .SECOZID ERSKIN£ TD CONTINUE ZONE . CHANGE : NO. . 86.' ONDITIONAL USE PERMI 0 . (16-2 TO THE 'JUNE 171 ` 1986 PLANNING COM SSION MEETING BY THE FOLLO G: VOTE: -AYES : Roue, Winchell , Schumacher , Live od, Erskine, Po'rte•r, MirJahangir NOES : None ABS T: None A TAI N 2 None MOTION PISSED REVOCATIQN�a�'i-COND TrONAV ,USE 'PERMIT '•Nt?. 8!5i`2Z (CONTINUED FROM APRIL 15, 1986) , Condito'nal Use Perinit No. 85-211 a request ,to per init .the , storage and grindjng of wdod products (mulching opera'tion) .was approved by the Planning Commission on August 20, 1985 . Since approval of condztfonal Use Permit No . 85 21, the applicant has failled to comply ; I `.Ath nine conditions of approval. At. the April 1 , 1986 Planning' ,Commission meOtincl, - the Commis' lion voted to .continue ,this item for two weeks 11.0 a�ll;ow. the applicant an ' opportunity to comply with all applicable conditions of approval - for , Conditional Use Permit No . 85-21 . On April .,15 , ',19860 the:; ommi.ssion;` continued this 'item once again to permit th`i app,liCant additional time to comply with the conditions of app' roo►a2 . ENVIRONMENTAL STATUS: g 85-5 p tJe ative .Declaration Ito . ,�0 was adopted ti} thtt Planning Commission on August 20, 1985 . The site hats beers' identified 'an .an archeological site. 1 i PC Minutes : 2. - _1510'id) °`, 7 7 .. • ..+..fit ,. 1 1 .. t.. .TNE PUBLIC' HEARING WAS .OPENED . ,There were ' no persons present to speak for or against the ' project and the: public 'hearing wasclosed, Commissioners: Enquired . if the -instal lationi : of ,the water.. tanks , had been completed.' on the site .. Staff: responded that . the , tanks . were on Cite b t ha&,not been _ properl��. Installed nor filled' wfth - water , re, there was still a' fire hazard. A,...MOTION WAS MALE 8k MrRJAHANGIR, SECOND BY, PORTER TO REVOKE CONDITIONAL 'USE PERMIT NO, 85-21' WITH FINDINGS BY THE FOLLOWING VOTES AYES: Rowe, Winchellr Schumacher , Livengood , Porter, Mirjahangir NOES: Non, ABSENT: Erskine (out of rocm) ABSTAIN : None MOTION. PASSED -FINDINGS FOR REVOCATION - CONDITIONAL USE PERMIT NO. 85-21 : 1 Since the approval of Conditional Use Permit No. 85-21', ' on August 20 , 1985 ( 8 months- ago ) , the appl icant has - not shown good faith in complying with the conditions' of ,approval within a ;:reasonable amount of time . .ion-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 comply with two conditions of � approval , listed below, within a reasonable amount of time, thus failing to fulfill his obligations under the approval of i 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 ONDITIONAL USE 'PERMIT NO. 8 6-11 (CONTINUED FROK APRIL 15 '1986) + 1 , On April 15 , the Planning Commission on continued Codtt�rbnal Use Permi, No . 86-11 tin . lay 6, 1986 to allow the aaplitlraOnL time to ; prepare tovtheasecond plans . , abotach�e site a as fuPlcthe` stairs . : lead,. g 9. y enclosed and the garage has ' been widened 3 fee idth . Staff feels this revised plarn' conforms to the ent of t de and is recommending , approval . THF PUBLIC HEA.RI e- AS OPENED The app nt was present and available for questions, t, PC Minutes (5.103d) C=11 CONDITIONAL USE' PERMIT, NO 85--21/NEGATIVE: DECLARATION -NO.' 85-.50' 1�Fplfcant cotter 's, Tre, Service Conditional Use' Permtt 'No. , 85=21 `i's a. request: to 'permit a., M. uldh 'nj .,operation : (storage, and :gr.tndin 'of wood:' producta ) 6n,;tht ,`sub ec:r property,; Y P p ..'P gg � , - for . a two.,,: ear',; eriod, The mulchin ,o eCation ,:wo�tl'd rimari�Y be used" by �e MiAnt Huuth4 .;�. altfornfa Edf,son T[ , enance Personn l # t el can QE C Y..: �tYn ton° Beach Tree, Maintenance Personnel r his ? g sioeso- The applicant is .currently operat ng �he mu cM ng business on the subject property without city approval . ENVIRONMENTAL''STATUS: Pursuan "g , ,,.�. �e t ' S ry 1 " ; timt, the De a t nt of eve o mnmental ce ulati.ons in ; effec , t:, to ; the. envt�r � t at this 85. 50 ` for ten , days , and no comments, sted draft.: !�e ative Declaration No . p r me D 1 p n a ices' po �- either verbal or ,wr.itten were received: : The staff in its initial studv of the project, has recommended that a negative declaration ' be issued. - A. MOTION: WAS MADE BY ; ERSKINE AND SECOND BY, LIVENGOOD-�TO �APPROVw ' CONDITIONAL USE PERMIT NO. 85-71/NEGATIVE DECLARATION NO. 85-50 WITH FYNDINGS AND COtiDITIONS BY THE FOLLOWING VOTE: AYES: Rove, Winchell , Livengood, Erskine, Porter , ntrjahangir NOES: None ABSENT: Schumacher ABSTAIN: None - i ;MOTION PASSED EJ I F NDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT NO. 85-21 , 1 . The establishment, maintenance and operation -'of the mulching operation will not be detrimental to: a . The , gener,al welfare of persons residing or working in the vicinity. With the exception of the horse facility, the -surrounding properties „are currently vacant , therefore will not affect residents; 5. Property and improvements in the, vicinity of such use . The surrounding properties are currently unimproved. 2 . The proposed mulching, operation is constskent with the City ' s General Plan of Land Use. ed mulching e at t .. ,3. The propos m 1 hang, op r ton substantially complies, wi h K the requirements set forth in Section 933.1 . 3 of the Ordinance Code , a i P.C. MEnutea 8/20/85 -Z1- (3246d) " i I • . ;;. .. ., . .. • .w ' r. ✓'. .,.rw . .w . n N /✓I 1.K+rw.ww+�'•/+ I . r.M .,� r+ M�.H ti 4.r• L CONDITIONS OF APPROVXL• FOR "CONDITIONAL USE P1.RA -NO. 85-21 `. 1 . AV rev sed site plan, shall: be subimitted deptcE;ing the modifications described herein prior 'to tsauance of permits deep- paved entr' wa including a 6 ' -'h£gh cha In link Y `Y q fence incorporating a 23 ' cut-off for site visibility . b. 6 ' h`tgh' 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 . LandscDeveloamentryServicestion and Pub1£lan toWot=kgDepartmVnt of P c fore re iew and approval. 3 . oEethe Ordi nance Code Building shall comply -with all applicable: ,provisions g Code , nd Fire code. 4 . On-site fire hydrants or other Means of water access shall tie . provided in number and at location specified by the Fire Department. 56 There shall be no outside storage of vehicles, vehicle parts , equipment or trailers . 6 . The applicant shall meet all a" pltcable local , State, and Federal Fire Codes, Ordinances, and standards . 7. Instr,llation of required landscaping and irrigation systems shall be completed within twelve (12) months. 8. All, signs with Article 976 +af the Huntington Beach ordtnance Coe 11 s` 9 . 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 curr e' d 10. The PlanningCommission reserves the ri ht to revoke t g his Condlttonal "Use Permit ' if any violation of, these conditions • of the lluntington beach ordinance Code occurs. '11 . conditional Use Permit No. 85-21 shall expire two years .from the date of approval . 12. h bi-annual inspection shall be performed by the Department of Development Services to determtne if violations of the - conditions of approval have occurred. , P .C. Minutes 9/,20/85 22 �s ( 3246d ) - :lxvrr�,�1���iStlLtls/In•Y+.4'c�•i�[.'kMI1.M�IM/N..,.:6.....►ar�s+f i. .ti iw`<tt+•:."iTlPI�►zn,.v,... >N. arr�" ... ..... — .-.. 131, Prior„ to the :issuance of a Ce r t i f ica to to operate.; the r applicant shall. obtain •, approval for the mulching` o'peritton from the So' a South :Coast X hD. 1'4 � Mule .,. ,._ hin shall be discontinued at such time that - the wind velocity exceeds: 13 f,mph. . i At such...ttme that'' the �+ind exceeds 131-.mph i the mul'chp'.' lee shall be watered down to tetttgate possible air 'polluticin. 1510 hcc�ss. to ' the site from locations not approved by the Planning Commission shall 'be 'prohibited. al licant steal]. di " The, pp scontinue the use of the ,northerly. property within ten days from the approval. of CondIttonal Use Permit ? No. 85-21 .. Future use . of, the. northerly property as a mulching operation shall be .prohibited unlese, .a conditional use permit is approved by the Planning Commission , 17 . The property o" grant an open space eas owner shall gra 'enrent to ., the ' City ovex , and across . the 1 . 3 , _ . acre ' parcel,�..of,.land•,;loca ted to the west 'of, the Edison substation and ,delineated in `the conservation and open space ,clement and shown ._in ; the eolsa Chi,ca Linear Park Boundary Study within 90 days from the date of approval of Conditional Use Permit No. 85-21 . C-12 SPEC I L;' SIGN PERMIT, NO. 85-8 A lid t : Southland Si ns Special Si9l'n ' Per 'it No. 85-8 is a request, to construct a 20 foot hi ,gh ;, 99 square f t:,,internal.ly Ereestandfngg sigqn ;located at :`Mil, . Warner. Avenue appr imately . 500 feet eaa.t uf_ Gojdenwest ;,Street.:• • 'The i� Froposed:,�9ign, will c ntThe tenant ,ball be:• located in a landscaped area . g y . Planned Sign Program No. 83-2 and o y one, 25 foot high freestanding st'gn 'is allowed along the Warner Avenue frontage. ENVIRONMENTAL STATUS: Pursuant ; to Section 15311 , Cl. sa 11 (a ) of the `C . ,.AliForn�.a. Environmental 1' Quality Act Law and, Guidelines 984,E the proposed project is categorically exempt . THE PUBLIC HEARING WAS OPENED Greg Ptacek , representing Southland 'gns, spoke in support 'of the proposal . Barne eusstere, pa�pert managerof the development, spoke in Support , of theproposal st ng he center needs e sign for recognition . ,} Walter 0ayarres,, owner of Los Cabos Tacos in the center , spoke in support of the proposal . t P.C. 'Minutes V20/a5 -23w (3246d) i - M .�. ' 4C , ib2l.sh Ju'na 5; - koixca .. , �or' rntscc APPEAL ... ." TO :�HE PLANNING COMMISSION'S ION'S REVOCATION OF CONDITIOVAL USE PERMIT NO, h5-21 NOTICE 'IS ;i3Y GIVEN 'ChaC the HuatSagtan Beach City d� " Council 'nill "hol • a puL'1"id hearing is the Council*Chamber at the Kuutia;roa Beach Civic Ceuter, 2400..4ain Street', Huntington Beach, Calif orala,' an '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 beloir. DATE: Monday, June 16 , 1986 fiG ` TD�l 7:30 P.M. APPLICATION YVM ER: Conditional Use Permit No. 85-21 - Appeal 1.CCXTION: west side of Edwards Street, aDproximat¢ly 330'feet south of Ellis Avenue PROPOSAL: Appeal to the Planning Commission's revocation of Conditional ' e Permit No. 85-21 a request to ermit a mulching operation Us i� 9 on the site. APPLICANT: Lam Rothman, Attarney 'at Law, on behalf of Cotter's Tree Service. ZxynOMS0+3AL STATUS: The City' Council will also con'sider,,,Nc gati ve' Declaration No. 85-50 assessing the envirormentai effects of said operations. ON, • A copy' of the proposed Conditional Use Permit is on file in the Department � ' of Development Serwicas. ALL MTERESTED Pr—RSONS are invited to attene. said rearing and express opinions or submit evidence for or against the 'applicatLon as outlined above. .U1 applications, exhibits, and descripticas of this; proposal -are on file with the Office of the City 'Clerk, 2000 Main Street, Huntington . "Beach, California, for.' inspection by the public. EiUw'TLNGTON BEACH CITY COCNCIL By: Alicia H. uentworth City Clark Phone (714) 536--5405 DATED: June 2, 198b : _ Dates June 1,1, 1986, Nome or FUBLIC AEI�RING , NAL USE' PERMIT Nq. 85-21 q___�___ -'APPEAL (Appeal_._to the_.P1:anning.. Co�rniss_ion 's Reyocat`ion of` Conditional Use- Pei mit No. 85- rj'~, NOTICE IS HEREBY GIVEN that the Huntington . Beach City. Courir_il will, hold a public ,hearing in the Council Chamber at the 'Hunt16jton. Beach Civic Center , 2000 Main • Street, Huntington ' Beach, California, on the date . aria at .the time indicated below to 'receive and consider the statements of all . P ersons who wish to be heard 'relative tol. the application described below. DATE/TIME: June 16 , 1986 ?:30 P"S APPLICATION NUMBER: Conditional Use Permit No . 85-21 —Appeal APPELLANT: marry F4thman: frrr Cotter ' s Tree Service LCCATION: West side of Edwards Street , approximately 330 feet south of Ellis Avenue ZONE: RA-0 (Residential Agricultural-'Combin';ad with '011 Production . REQUEST: Appeal to the Piannina Commission ' s revocation of Conditional Use Permit No. 85-21 , a request to permit a f• :j mulching operation on the site . , r 1, f,ir ,,�'., � i �!: r.. .y•.t �' ,► ►,yi.r-^,,J� .' 'r�,j�.• r 6 ENVIRONMENTAL STATUS: Me ative Declaration No , 85-50 ; 1 the. ;Planning-Commission-on ..Auguat,._2r1 •�-1985- ' ''`: .; ON FILE: A copy of the . proposed Conditional` Use 'Permtt 'is on. E 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 heari,ng '.and i - expre3s opinion; or submit evidence for or against the application as outlined above . If there are any further questions please cal 1 Michael Strange Associate Planner at 536-5271 . L James W. Pal£n, Secretary. I t Huntington Beach Planning Commission (5319d ) '� { ; dft 10-0 ers:';Tree�Servi�e; Inc;PU Lary R�ithinan Sn' Calif 'Edison. Co;: 10'6 rt Stieet �. ;1�140 'aeach' Alvd. 2217 6 2 Cau ._. Pd. T�Qx ,773 S �i'te 108 221, south 'Broakhuz:st , :. Stanton CA 90680 We CA CA 92683 'iiilerton, CA .92633 t110'.015=-S4 ;55 , 48 �Q'.R, Grace Piopert�.es I Snc. Huntington' Beach Company g i` na1 :�,Compah a Irc. Aj4 Ave. of the luaericas Sang.FxTax, ° P. 7.611 1. ATTN. D';G. . Nahin ZTTrJ. Bober*� LQrenz Prao. ancisca .CA':;94120 } , CA 9rvine 2714I New. York , 24Y 10026 1Y0 ` 015 '57;58 . 1104-015-'60 ,'61 110--015-62, 120-015-66 Huntington Pacific `Corp . City of Huntington Beach Signal: 8olsa Corp. 2110 Main St,. P.O. Box 190 17890 Sky. Park Blvd . Huntington Beach, CA Huntington Beach, CA Irvine, ' CA- 92714 92648 92648 , 110-190-01 110-190-02,03 Julian Hathaway ,Muriel Johnson P.O. . Box .3A04 �2387 3E - Via Haviposa Santa Fe Springs, 'CA West Laguna Hills, CA 90670 92653 s 1