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HomeMy WebLinkAbout10 - PH-2 - Appeal of Revocation of Planning Applica - 1/20/2015CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 20, 2015 ITEM NUMBER: PH -2 SUBJECT: APPEAL OF THE REVOCATION OF PLANNING APPLICATION PA -87-154: CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD RECYCLING FACILITY (REPLANET, FORMERLY EARTHWIZE RECYCLING) 2180 NEWPORT BOULEVARD FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER DATE: JANUARY 8, 2015 FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov DESCRIPTION Per the appeal of RePlanet, conduct a de novo hearing on the Planning Commission's revocation of Conditional Use Permit PA -87-154 to determine the following: • Whether RePlanet recycling facility has operated in violation of Conditional Use Permit PA -87-154 and/or as a public nuisance such that revocation of the Conditional Use Permit is appropriate; or, in lieu of revocation, impose additional conditions. RECOMMENDATION Uphold the Planning Commission's revocation of PA -87-154 by adopting a resolution consistent with its findings as follows: • Make findings that RePlanet recycling facility has been operated in violation of the conditions of approval in Conditional Use Permit PA -87-154 and/or as a public nuisance, such that the Planning Commission's revocation of the CUP was justified; and uphold the Planning Commission's revocation, or in lieu of revocation, amend the conditions of the CUP; or • Conclude that there are insufficient findings that RePlanet recycling facility has been operated in violation of the conditions of approval of Conditional Use Permit PA -87-154 or as a public nuisance. The existing conditions of approval regulating the facility would remain as originally approved. BACKGROUND On September 14, 1987, the Costa Mesa Planning Commission approved Planning Application PA -87-154 that authorized the establishment of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd for a period of six months. The facility accepts CRV (California Redemption Value) aluminum cans, glass and plastic bottles. A subsequent extension was granted on September 12, 1988, subject to two-year reviews for the purpose of ensuring continued compliance with applicable conditions of approval. On July 9, 2012, the two-year review of PA -87-154 was referred to the Planning Commission for review to address concerns raised by abutting neighbors related to noise, litter and loitering problems. The Planning Commission granted an extension to September 2013. RePlanet, which took over operation of the facility in early 2013, requested a continuance at the September 9, 2013 Planning Commission meeting until November 12, 2013 to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and Planning Commissioners to address concerns regarding the operation of the facility. At the November 12, 2013 Planning Commission meeting, the Commission granted a six- month extension to March 10, 2014 to give RePlanet time to implement the conditions of approval, including moving the recycling vestibule further away from residential properties, the installation of a new vestibule with reverse vending capabilities, to continue to work with Stater Bros. on the installation of permanent landscaping, and to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and Planning Commissioners to address concerns regarding the operation of the facility. The applicant also proposed interim landscaping in the form of planter boxes to screen the facility from Newport Boulevard. A copy of the updated conditions of approval adopted by the Commission at the November 12, 2013 meeting is provided in the evidence packet, under separate cover, under Tab 7. At the March 10, 2014 Planning Commission meeting, staff was directed to: (1) investigate and prepare evidence supporting revocation of RePlanet's conditional use permit; and (2) discuss with RePlanet options to relocate the facility from their current location. On July 15, 2014, City staff held a meeting with RePlanet to discuss potential relocation sites for its business, however, as of September 8, 2014, RePlanet had neither submitted a new conditional use permit application to relocate their facility to another property nor had fully complied with the conditions of PA -87-154, which include a number of operational requirements. Staff scheduled a hearing before the Planning Commission on September 22, 2014 to consider either revoking the conditional use permit or modifying the conditions of approval. Summary of Planning Commission Action The Planning Commission held a public hearing on September 22, 2014, which included presentation of the staff report and evidence by staff, wherein the applicant and applicant's counsel were allowed to cross-examine members of the City staff and provide oral arguments to the Planning Commission. In addition, public comments both in favor of and opposed to revocation were received by the Planning Commission. Based on the evidence and testimony presented during the hearing, the Planning Commission voted to revoke the conditional use permit by a 4-0 vote (Vice Chair Dickson was absent). I_1» =_" An appeal of the Planning Commission's decision was filed by the applicant's legal counsel on September 29, 2014. Normally, the appeal hearing would be scheduled for the next available City Council meeting date, however, the applicant's representative requested that the item be considered by the City Council at their January 20, 2015 meeting. De Novo Hearing It should be noted that the City Council hearing is a de novo hearing in which the City Council may consider the project in its entirety. The purpose of this report is to highlight and/or clarify the evidence in the administrative record that was presented to the Planning Commission prior to its action. The Commission determined that several grounds existed to revoke the CUP: 1. RePlanet has operated in violation of condition of operation 5, to wit, RePlanet has not conducted its operations in a manner that will allow the quiet enjoyment of the surrounding neighborhood by replacing its recycle bins late at night and during the early morning hours; and 2. RePlanet has operated in violation of condition of operation 8(a), to wit, by not preventing loitering at its recycling facility; and 3. RePlanet has operated in violation of condition of operation 8(g), to wit, by not preventing bagged trash from being kept outside the facility; and 4. RePlanet has operated in violation of condition of operation 10, to wit, by picking up and dropping off recycling trailers before 9:00 am and after 5:00 pm; and 5. RePlanet has operated in violation of condition of operation 18, to wit, by not adequately patrolling the area to prevent loitering; and 6. RePlanet has operated in violation of condition of operation 19, to wit, by not preventing securing the premises with appropriate security lighting and employee scrutiny of adjacent areas to prevent trash, graffiti and littering; and 7. RePlanet has operated in violation of condition of operation 20, to wit, by not maintaining its facility and all areas under its control free of litter and graffiti; and 8. RePlanet has operated in violation of condition of operation 29, to wit, by not installing a modern vestibule as shown on the conceptually approved plans; and 9. RePlanet has operated in violation of condition of operation 30, to wit, by not working with staff to the fullest extent possible to incorporate new landscaping in the parking lot. 10. RePlanet has operated in violation condition of operation 31, to wit, by not providing planter boxes with appropriate landscape materials as shown on the approved plans. A more detailed description of the above items follows. • RePlanet routinely replaces its recyclin_g bins late and night and during early morning hours, preventing nei_ghborin_g residents from the quiet enjoyment of their neighborhood. Condition of approval number 5 stipulates that: "The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement." Condition of approval number 10 stipulates that: "Hours for the pick-up and drop-off of the recycling trailers shall not occur before 9:00 am or after 5:00 pm, Tuesday through Saturday only." Neighboring residents regularly report that RePlanet's recycling bins are replaced late at night and during early morning hours: o On December 10, 2013 at 6:00 a.m., RePlanet's recycling bins were exchanged by a large, loud truck. This violation was witnessed by Christy Turley, resident at 2183 Rural Lane, Costa Mesa and Deanne Hemmens, resident at 2177 Rural Lane, Costa Mesa. o On February 26, 2014 at 4:50 a.m., RePlanet's recycling bins were again exchanged by a large, loud truck. This violation was witnessed by Deanne Hemmens. o On March 30, 2014 at 2:30 a.m., RePlanet's recycling bins were again exchanged by a large, loud truck. This violation was witnessed by Deanne Hemmens. o On May 24, 2014 at 7:15 a.m., RePlanet's recycling bins were again exchanged by a large, loud truck. This violation was witnessed by Christy and Tyler Turley, residents at 2183 Rural Lane, Costa Mesa. o On May 31, 2014 at 10:25 p.m., RePlanet's recycling bins were again exchanged by a large, loud truck. This violation was witnessed by Deanne Hemmens. • RePlanet consistently fails to prevent loitering around its facility - Condition of approval number 8(a) stipulates that: "Attendants shall enforce no shopping carts, no loitering, and ensure all customers follow the rules. Attendants shall refuse service to anyone who disobeys. " Condition of approval number 18 stipulates that: "The business operator shall adequately patrol the area over which he/she has control in an effort to prevent the loitering of persons about the premises during business hours." Neighboring residents regularly report that RePlanet fails to prevent loitering at its facility: o On December 10, 2013, RePlanet failed to prevent three individuals from loitering around its facility. One of these individuals approached neighboring resident Tyler Turley and asked if he had any drugs for sale. This violation was observed by Tyler Turley, resident at 2183 Rural Lane, Costa Mesa. o On January 29, 2014, RePlanet again failed to prevent loitering around its facility, as at least two individuals (transients) were observed loitering at the facility and interacting with RePlanet employees. This violation was observed by Deanne Hemmens, 2177 Rural Lane, Costa Mesa. o On February 5, 2014, RePlanet again failed to prevent loitering around its facility, as transients were observed loitering at the facility. This violation was observed by Deanne Hemmens. o On February 20, 2014, RePlanet again failed to prevent loitering around its facility as transients were observed loitering at the facility. This violation was observed by Deanne Hemmens. o On December 30, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(g) and number 18. These violations were observed by Deanne Hemmens. • RePlanet has allowed trash to remain outside its facility. Condition of approval number 8(g) stipulates: "Any bagged product or trash shall not be kept outside of the facility." Condition of approval number 19 stipulates: "The business operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which he/she has control, to prevent trash, graffiti and littering." Condition of approval number 20 stipulates: "The business operator shall maintain free of litter and graffiti all areas of the premises under his/her has control. " o On February 8, 2014, RePlanet allowed stacks of cans to remain outside its facility as witnessed by Deanne Hemmens. o On September 30, 2014, a week after RePlanet's CUP was revoked by the Planning Commission, RePlanet allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. o On October 1, 2014, RePlanet again allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. o On October 5, 2014, RePlanet again allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. o On October 6, 2014, RePlanet allowed broken glass to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. o On January 5, 2015, RePlanet allowed a spill of an unknown liquid to accumulate on the ground near its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. • RePlanet has failed to install a modern vestibule and required landscaping. Condition of approval number 29 stipulates: "The operator shall install the modern vestibule as shown on the conceptually approved plans." Condition of approval number 30 stipulates: "To the fullest extent possible, the applicant shall continue to work with staff to incorporate new landscaping in the parking lot. A landscape planter consisting of ground cover, irrigation, and a minimum of two trees shall be installed to the satisfaction of the Development Services Director. Alternatives to the landscape planter that would achieve a similar effect to beautify or screen the recycling facility may be approved by the Development Services Director." On September 5, 2014, neither the vestibule nor parking lot landscaping has been installed at RePlanet's recycling facility. Condition of approval number 31 stipulates: "The applicant shall provide planter boxes with appropriate landscape materials as shown on the approved plans." On December 31, 2014, there are no planter boxes or other landscaping materials at RePlanet's recycling facility in violation of condition of approval number 31. Public Nuisance. Additionally, Section 13-29(o)(1)(a) provides that the Planning Commission may require the modification or revocation of a conditional use permit when the use is being operated as a public nuisance, as defined in Civil Code Section 3479 and 3480. A nuisance is "[a]nything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property ...... A public nuisance "is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal." Civ. Code §§ 3479, 3480. Conditions such as loud, late night recycle -bin replacement, excessive loitering and trash storage constitute public nuisances, as they are the type of conditions that are likely to affect a considerable number of persons. In addition, RePlanet's operation in violation of the conditions of approval listed above also violate CMMC 20-12(ii) that declares any use in violation of conditions of approval a public nuisance. OTHERISSUES The recycling of aluminum cans, glass and plastic bottles is pursuant to Assembly Bill AB 2020 (California Beverage Container Recycling and Litter Reduction Act, or "The Bottle Bill"). Cal Recycle establishes state wide "convenience zones" around retail supermarkets based on the following criteria: "A half -mile radius circle with the center point originating at a supermarket that meets the following definitions of Public Resources Code Sections 14509.4 and 14562.5: • A supermarket as identified in the Progressive Grocer Marketing Guidebook. • A supermarket with gross annual sales of $2 million or more. A supermarket is considered a "full -line" store that sells a line of dry groceries, canned goods, or non-food items and perishable items. A convenience zone is required by law to have within the zone's boundaries a recycling center that redeems all California Redemption Value (CRV) containers. A convenience zone with a recycler inside its boundaries is considered a served zone". If the RePlanet at the Stater Bros Market vacates the site as a result of the CUP revocation, the convenience zone serving the below stores would be affected, requiring the stores to either redeem CRV containers within the stores through modern "reverse vending" type machines or pay the $100.00 daily fee in lieu of redeeming: 1) Stater Bros Market — 2180 Newport Blvd, Costa Mesa 2) Albertsons — 2300 Harbor Blvd, Costa Mesa 3) Irvine Ranch Market — 2651 Irvine Ave, Costa Mesa Also, as stated in the background section of this report, RePlanet was advised by staff and the Planning Commission that they can establish another freestanding recycling facility on a commercially -zoned property elsewhere within the convenience zone served by the above stores, subject to the approval of a new conditional use permit application. LEGAL REVIEW The draft resolutions have been reviewed and approved as to form by the City Attorney's Office. ALTERNATIVES The City Council may take the following actions: • Uphold the Planning Commission's Revocation of PA -87-154 and adopt a resolution making findings that RePlanet has been operated in violation of the conditions of approval and/or as a public nuisance, or, in lieu of revocation, amend the conditions of the CUP; or • Reverse the Planning Commission's revocation of PA -87-154 and conclude that there are insufficient findings that RePlanet has been operated in violation of the conditions of approval of Conditional Use Permit PA -87-154 or as a public nuisance. The existing conditions of approval regulating RePlanet would remain as originally approved. CONCLUSION De novo literally translates to "anew," "afresh" or "a second time." A de novo hearing is essentially a new proceeding where the proposal is presented to the City Council for final consideration. In its decision making, Council is not restricted to the evidence that was previously presented to the Planning Commission. In sum, the following grounds for revocation are being presented to the City Council: • RePlanet has consistently operated in violation of condition of operation numbers 5 and 10 by replacing its recycle bins late at night and during the early morning hours on at least 5 separate occasions. • RePlanet has consistently operated in violation of condition of operation numbers 8(a) and 18 by allowing loitering at its facility on at least 4 separate occasions. • RePlanet stored trash outside its facility in violation of condition of operation numbers 8(g), 19 and 20 on several occasions, and failed to install the required vestibule and landscaping in violation of condition of operation numbers 29 and 30. MEL LEE, AICP GARY ARMSTRONG, AICP Senior Planner Director of Economic & Development / Deputy CEO Attachments: 1. Location Map and Plans 2. Draft Resolution 3. Appeal Application and Attachments 4. Planning Commission Minute Excerpts 5. Planning Commission Staff Report and Related Exhibits (Note: Evidence Packet is Under Separate Cover) 6. Planning Commission Resolution 7. Correspondence From Public cc: Chief Executive Officer Assistant Chief Executive Officer Director of Economic & Development / Deputy CEO City Attorney Public Services Director Transportation Svs. Mgr. City Engineer City Clerk (9) Staff (7) File (2) Jackson/DeMarco/Tidus/Peckenpaugh Attn: Paige H. Gosney 2030 Main Street, Suite 1200 Irvine, CA 92614 RePlanet, LLC c/o Brian Jackson 491 Kettering Drive, Ontario, CA 91761 RePlanet, LLC c/o Doug Sanchez 491 Kettering Drive, Ontario, CA 91761 Costa Mesa Grocery Investors. LLC 11456 Olive Boulevard, Suite 210 Saint Louis, MO 63141 Stater Bros. Markets c/o Mark Avalos, Grocery Supervisor - Retail 301 S. Tippecanoe Avenue San Bernardino, CA 92408 Stater Bros. Markets c/o Karen Molina -Stahl, Property Manager 301 S. Tippecanoe Avenue San Bernardino, CA 92408 Stater Bros. Markets c/o Bill Wall, Store Manager 2180 Newport Boulevard Costa Mesa, CA 92627 DeAnne Hemmens 2177 Rural Lane Costa Mesa, CA 92627 Christy Turley 2183 Rural Lane Costa Mesa, CA 92627 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT PA -87-154 FOR REPLANET RECYCLING FACILITY TO OPERATE AT 2180 NEWPORT BLVD THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, on September 14, 1987, the Costa Mesa Planning Commission approved Planning Application PA -87-154 that authorized the establishment of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd; and WHEREAS, the approval of Planning Application PA -87-154 authorized the operation of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd for a period of six months, with an approved subsequent extension on September 12, 1988, subject to two-year reviews for the purpose of ensuring continued compliance with applicable conditions of approval; and WHEREAS, on July 9, 2012, the two-year review of PA -87-154 was referred to the Planning Commission for review to address concerns raised by abutting neighbors related to noise, litter and loitering problems. The Planning Commission granted an extension to September, 2013; and WHEREAS, RePlanet took over operation of the facility in early 2013. At the September 9, 2013 Planning Commission meeting, RePlanet requested a continuance to November 12, 2013 to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the November 12, 2013 Planning Commission Meeting, the Commission granted a six-month extension to March 10, 2014 to give RePlanet time to implement the conditions of approval, including relocation of the recycling vestibule, the installation of a new vestibule with reverse vending capabilities, and to continue to work with Stater Bros. on the installation of permanent landscaping; and to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the March 10, 2014 Planning Commission meeting, staff was directed to (1) investigate and prepare evidence supporting revocation of RePlanet's conditional use permit, and (2) discuss with RePlanet other options for their business location; and WHEREAS, on July 15, 2014, City staff held a meeting with RePlanet to discuss potential relocation sites for its business; and WHEREAS, on September 22, 2014, a duly noticed public hearing on the revocation of PA -87-154 was held before the Planning Commission, which included a staff report, presentation of evidence by staff wherein the applicant and applicant's counsel were allowed to cross-examine members of the City staff and provide oral arguments to the Planning Commission. In addition, public comments both in favor of and opposed to revocation were received by the Planning Commission; and WHEREAS, the Planning Commission, on September 22, 2014 voted to revoke the conditional use permit on a 4-0 vote (Vice Chair Dickson absent); and WHEREAS, on September 29, 2014, an appeal of the decision of the Planning Commission was requested by the applicant's legal counsel with a request to conduct the City Council hearing on January 20, 2015; and WHEREAS, a duly noticed public hearing was held by the City Council on January 20, 2015 with all persons having the opportunity to speak for and against the proposal. WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines; and the City environmental procedures, and has been found to be categorically exempt from CEQA under Section 15321 for Enforcement Actions by Regulatory Agencies, and the CEQA exemption reflects the independent judgment of the City of Costa Mesa. WHEREAS, based upon its review and due consideration of all materials presented to it, the City Council makes the following findings regarding the revocation of PA -87-154. NOW THEREFORE, the City Council of the City of Costa Mesa finds and resolves as follows: A. The Costa Mesa Development Services Department has identified the following Conditions of Approval that have been violated by RePlanet during the period from December 2013 through January 2015, inclusive: o Condition of approval number 5 provides that "The business shall be conducted at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement." o Condition of approval number 8(a) provides that the "attendants shall enforce no shopping carts, no loitering, and ensure all customers follow the rules. Attendants shall refuse service to anyone who disobeys." o Condition of approval number 8(g) provides that "any bagged product or trash shall not be kept outside of the facility." o Condition of approval number 10 provides that "Hours for the pick-up and drop-off of the recycling trailers shall not occur before 9:00 am or after 5:00 pm, Tuesday through Saturday only." o Condition of approval number 18 provides that "the business operator shall adequately patrol the area over which he/she has control in an effort to prevent the loitering of persons about the premises during business hours." o Condition of approval number 19 provides that "the business operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which he/she has control to prevent trash, graffiti and littering. o Condition of approval number 20 provides that "the business operator shall maintain free of litter and graffiti all areas of the premises under his/her control." o Condition of approval number 29 provides that "the operator shall install the modern vestibule as shown on the conceptually approved plans." o Condition of approval number 30 provides that "to the fullest extent possible, the applicant shall continue to work with staff to incorporate new landscaping in the parking lot. A landscape planter consisting of ground cover, irrigation, and a minimum of two trees shall be installed to the satisfaction of the Development Services Director. Alternatives to the landscape planter that would achieve a similar effect to beautify or screen the recycling facility may be approved by the Development Services Director." o Condition of approval number 31 provides that "the applicant shall provide planter boxes with appropriate landscape materials as shown on the approved plans." B. RePlanet has operated in violation of these conditions, to wit: 1. On December 10, 2013, RePlanet removed its recycling bins and replaced them with empty ones at 6:00 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Christy Turley, 2183 Rural Lane, Costa Mesa and Deanne Hemmens, 2177 Rural Lane, Costa Mesa. 2. Also on December 10, 2013, RePlanet failed to prevent three individuals from loitering around its facility in violation of conditions of approval number 8(a) and number 18. One of them approached neighboring resident Tyler Turley and asked if he had any drugs for sale. These violations were observed by Tyler Turley, 2183 Rural Lane, Costa Mesa. 3. On January 29, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 4. On February 5, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 5. On February 8, 2014, RePlanet allowed stacks of cans outside its facility in violation of conditions of approval number 8(b), number 19 and number 20. These violations were observed by Deanne Hemmens. 6. On February 20, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 7. On February 26, 2014, RePlanet again removed and replaced its recycling bins at 4:50 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 8. On March 30, 2014, RePlanet again removed and replaced its recycling bins at 2:30 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 9. On May 24, 2014, RePlanet again removed and replaced its recycling bins at 7:15 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Christy and Tyler Turley. 10. On May 31, 2014, RePlanet again removed and replaced its recycling bins at 10:25 p.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 11. As of September 5, 2014, no vestibule or landscaping has been installed at RePlanet's facility in violation of conditions of approval number 29 and number 30. 12. On September 30, 2014, a week after RePlanet's CUP was revoked by the Planning Commission, RePlanet allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 13. On October 1, 2014, RePlanet again allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 14. On October 5, 2014, RePlanet again allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 15. On October 6, 2014, RePlanet allowed broken glass and trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 16. On December 30, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(g) and number 18. These violations were observed by Deanne Hemmens. 17. On December 31, 2014, no planter boxes with appropriate landscape materials were installed in violation of condition of approval number 31. 18. On January 5, 2015, RePlanet allowed a spill of an unknown liquid to accumulate on the ground near its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. C. The property has been operated as a public nuisance, pursuant to Section 13- 29 of the Costa Mesa Municipal Code and Sections 3479 and 3480 of the Civil Code. Namely, the following conditions are found to be injurious to health, indecent or offensive to the senses, or constitute obstructions to the free use of property, so as to interfere with the comfortable enjoyment of life or property: a. Consistent late night and early morning trailer removal and replacement adjacent to a residential neighborhood. b. Storage of trash in plain sight. C. Enabling the site to become a popular loitering spot for the homeless and drug users. D. Under the totality of the circumstances above, there is substantial evidence that RePlanet has been operated by its management in disregard for the health, safety and general welfare of the neighborhood, its patrons and the people of the City of Costa Mesa, as well as in violation of law. E. The current and past operation of RePlanet constitutes a public nuisance and is detrimental to the public health or safety so as to constitute a public nuisance. F. This revocation hearing of Conditional Use Permit PA -87-154 is deemed Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Class 21), Enforcement Actions of Regulatory Agencies. G. Chapter IX, Article 12, Transportation Demand Management, of Title 13 of the Costa Mesa Municipal Code does not apply to this revocation hearing. The City Clerk shall attest to the adoption of this resolution and shall forward a copy to the applicant, and any person requesting the same. BE IT RESOLVED, therefore, that based on the evidence in the record and the findings contained in this resolution, the City Council hereby upholds the Planning Commission's revocation of Conditional Use Permit PA -87-154 with respect to the property described above. UPHOLDING THE REVOCATION OF CONDITIONAL USE PERMIT PA -87-154 PASSED AND APPROVED at the City Council meeting of January 20, 2015, by the following vote: PASSED AND ADOPTED on this 20TI day of January, 2015. STEPHEN M. MENSINGER Mayor, City of Costa Mesa ATTEST: APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 15_ as considered at a regular meeting of said City Council held on the 20th day of January, 2015, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 20th day of January, 2015, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2015 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA MODIFYING CONDITIONAL USE PERMIT PA -87-154 FOR REPLANET RECYCLING FACILITY TO OPERATE AT 2180 NEWPORT BLVD THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, on September 14, 1987, the Costa Mesa Planning Commission approved Planning Application PA -87-154 that authorized the establishment of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd; and WHEREAS, the approval of Planning Application PA -87-154 authorized the operation of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd for a period of six months, with an approved subsequent extension on September 12, 1988, subject to two-year reviews for the purpose of ensuring continued compliance with applicable conditions of approval; and WHEREAS, on July 9, 2012, the two-year review of PA -87-154 was referred to the Planning Commission for review to address concerns raised by abutting neighbors related to noise, litter and loitering problems. The Planning Commission granted an extension to September, 2013; and WHEREAS, RePlanet took over operation of the facility in early 2013. At the September 9, 2013 Planning Commission meeting, RePlanet requested a continuance to November 12, 2013 to allow for additional time to work with the neighboring residents, Stater Bros., city staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the November 12, 2013 Planning Commission Meeting, the Commission granted a six-month extension to March 10, 2014 to give RePlanet time to implement the conditions of approval, including relocation of the recycling vestibule, the installation of a new vestibule with reverse vending capabilities, and to continue to work with Stater Bros. on the installation of permanent landscaping; and to allow for additional time to work with the neighboring residents, Stater Bros., city staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the March 10, 2014 Planning Commission meeting, staff was directed to (1) investigate and prepare evidence supporting revocation of RePlanet's conditional use permit, and (2) discuss with RePlanet other options for their business location; and WHEREAS, on July 15, 2014, city staff held a meeting with RePlanet to discuss potential relocation sites for its business; and WHEREAS, on September 22, 2014, a duly noticed public hearing on the revocation of CUP PA -87-154 was held before the Planning Commission, which included a staff report, presentation of evidence by staff wherein the applicant was allowed to cross-examine members of the City staff and provide oral arguments to the Planning Commission. In addition, public comments both in favor of and opposed to revocation were received by the Planning Commission; and WHEREAS, based upon its review and due consideration of all materials presented to it, the Planning Commission revoked PA -87-154 on September 22, 2014. WHEREAS, on September 29, 2014, an appeal of the decision of the Planning Commission was requested by the applicant's legal counsel with a request to conduct the City Council hearing on January 20, 2015; and WHEREAS, on January 20, 2015, the City Council heard RePlanet's appeal, which consisted of a de novo hearing where the City Council considered revocation or modification of PA -87-154; and WHEREAS, based upon its review and due consideration of all materials presented to it, the City Council makes the following findings regarding the revocation of PA -87-154. NOW THEREFORE, the City Council of the City of Costa Mesa finds and resolves as follows: A. The Costa Mesa Development Services Department has identified the following Conditions of Approval that have been violated by RePlanet during the period from December 2013 through January 2015, inclusive: o Condition of approval number 5 provides that "The business shall be conducted at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement." o Condition of approval number 8(a) provides that the "attendants shall enforce no shopping carts, no loitering, and ensure all customers follow the rules. Attendants shall refuse service to anyone who disobeys." o Condition of approval number 8(g) provides that "any bagged product or trash shall not be kept outside of the facility." o Condition of approval number 10 provides that "Hours for the pick-up and drop-off of the recycling trailers shall not occur before 9:00 am or after 5:00 pm, Tuesday through Saturday only." o Condition of approval number 18 provides that "the business operator shall adequately patrol the area over which he/she has control in an effort to prevent the loitering of persons about the premises during business hours." o Condition of approval number 19 provides that "the business operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which he/she has control to prevent trash, graffiti and littering. o Condition of approval number 20 provides that "the business operator shall maintain free of litter and graffiti all areas of the premises under his/her control." o Condition of approval number 29 provides that "the operator shall install the modern vestibule as shown on the conceptually approved plans." o Condition of approval number 30 provides that "to the fullest extent possible, the applicant shall continue to work with staff to incorporate new landscaping in the parking lot. A landscape planter consisting of ground cover, irrigation, and a minimum of two trees shall be installed to the satisfaction of the Development Services Director. Alternatives to the landscape planter that would achieve a similar effect to beautify or screen the recycling facility may be approved by the Development Services Director." o Condition of approval number 31 provides that "the applicant shall provide planter boxes with appropriate landscape materials as shown on the approved plans." B. RePlanet has operated in violation of these conditions, to wit: 1. On December 10, 2013, RePlanet removed its recycling bins and replaced them with empty ones at 6:00 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Christy Turley, 2183 Rural Lane, Costa Mesa and Deanne Hemmens, 2177 Rural Lane, Costa Mesa. 2. Also on December 10, 2013, RePlanet failed to prevent three individuals from loitering around its facility in violation of conditions of approval number 8(a) and number 18. One of them approached neighboring resident Tyler Turley and asked if he had any drugs for sale. These violations were observed by Tyler Turley, 2183 Rural Lane, Costa Mesa. 3. On January 29, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 4. On February 5, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 5. On February 8, 2014, RePlanet allowed stacks of cans outside its facility in violation of conditions of approval number 8(b), number 19 and number 20. These violations were observed by Deanne Hemmens. 6. On February 20, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 7. On February 26, 2014, RePlanet again removed and replaced its recycling bins at 4:50 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 8. On March 30, 2014, RePlanet again removed and replaced its recycling bins at 2:30 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 9. On May 24, 2014, RePlanet again removed and replaced its recycling bins at 7:15 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Christy and Tyler Turley. 10. On May 31, 2014, RePlanet again removed and replaced its recycling bins at 10:25 p.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 11. As of September 5, 2014, no vestibule or landscaping has been installed at RePlanet's facility in violation of conditions of approval number 29 and number 30. 12. On September 30, 2014, a week after RePlanet's CUP was revoked by the Planning Commission, RePlanet allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 13. On October 1, 2014, RePlanet again allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 14. On October 5, 2014, RePlanet again allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 15. On October 6, 2014, RePlanet allowed broken glass and trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 16. On December 30, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(g) and number 18. These violations were observed by Deanne Hemmens. 17. On December 31, 2014, no planter boxes with appropriate landscape materials were installed in violation of condition of approval number 31. 18. On January 5, 2015, RePlanet allowed a spill of an unknown liquid to accumulate on the ground near its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. C. The property has been operated as a public nuisance, pursuant to Section 13- 29 of the Costa Mesa Municipal Code and Sections 3479 and 3480 of the Civil Code. Namely, the following conditions are found to be injurious to health, indecent or offensive to the senses, or constitute obstructions to the free use of property, so as to interfere with the comfortable enjoyment of life or property: a. Consistent late night and early morning trailer removal and replacement adjacent to a residential neighborhood. b. Consistent storage of trash in plain sight. C. Enabling the site to become a popular loitering spot for the homeless, drug users, and other undesirables. H. Under the totality of the circumstances above, there is substantial evidence that RePlanet has been operated by its management in disregard for the health, safety and general welfare of the neighborhood, its patrons and the people of the City of Costa Mesa, as well as in violation of law. I. Under the totality of the Circumstances above, there is substantial evidence that RePlanet has been operated in violation of PA -87-154. J. The current and past operation of RePlanet constitutes a public nuisance and is detrimental to the public health or safety so as to constitute a public nuisance. K. This revocation/modification hearing of Conditional Use Permit PA -87-154 is deemed Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Class 21), Enforcement Actions of Regulatory Agencies. L. Chapter IX, Article 12, Transportation Demand Management, of Title 13 of the Costa Mesa Municipal Code does not apply to this revocation/modification hearing. The City Clerk shall attest to the adoption of this resolution and shall forward a copy to the applicant, and any person requesting the same. BE IT RESOLVED, therefore, that based on the evidence in the record and the findings contained in this resolution, the City Council hereby reverses the revocation of Conditional Use Permit PA -87-154 with respect to the property described above and instead imposes the following additional conditions: [INSERT ADDITIONAL CONDITIONS HERE] REVERSING THE REVOCATION OF CONDITIONAL USE PERMIT PA -87-154 AND IMPOSING ADDITIONAL CONDITIONS PASSED AND APPROVED at the City Council meeting of January 20, 2015, by the following vote: PASSED AND ADOPTED on this 20TH day of January, 2015. ATTEST: STEPHEN M. MENSINGER Mayor, City of Costa Mesa APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 15_ as considered at a regular meeting of said City Council held on the 20th day of January, 2015, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 20th day of January, 2015, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2015 ATTACHMENT 1 LOCATION MAP, SITE PHOTOS, AND PLANS r .fl - 40K j -0a' _ k V r r M N r z W H U) 0 H 0 a. W F- A PROJECT SITE 4 AERIAL CLIENT Replanet 150 KLUG CIRCLE CORONA CA 91786 951.515.2705 CONSULTANT Permit Advisors 269 S. BEVERLY DR. #284 BEVERLY HILLS, CA 90212 ROY HASSON PROJECT MANAGER Roy@PermkAdvisors.com 3102757774 O 310.663.2365 C PROJECT STATER BROTHERS 2180 NEWPORT BLVD COSTA MESA, CA 92627 PROJECT DIRECTORY ^r�PROJECT SITE !o, Ilk b'Ll, 11- �I ��ctoria St ss�f/ CP% • Ili,•.lS.• i.,l••' r C / % V 55 � tCi .o SCOPE OF WORK RECYCLING CENTER IN CONJUNCTION WITH SUPERMARKET PROJECT SUMMARY APN: 426-121 �2 ZONING: C2 GENERAL PLAN: NEIGHBORHOOD COMMERCIAL '�-�— DETAIL NUMBER 7 A'�,INTERIOR ELEVATION (10L271) DOORTAG SYMBOL SHEET NUMBER DETAIL NUMBER 1D1.D WINDOWTAG EXTERIOR ELEVATION 7 ` SYMBOL SHEET NUMBER DETAIL NUMBER WALUBUILDING r SECTION SYMBOL SHEET NUMBER. MATCH LINE I NOTE TAG {� PLAN b ORIENTATION `11 3DVR PHOTO KEY +O.OD L' LINK DETAIL NUMBER STILL PHOTO KEY A LINK SHEET NUMBER I STAIR DIRECTION DETAIL REFERENCE --I,— BREAK LINE VV XXXX ROOM NAME %�% LEVEL CHANGE CLNG HT CEILING HEIGHT ABOVE FINISHED FLOOR SHEET DEBORIPTION TIA COVER SHEET SPIa SITE! PLAN A'-' PLAN, ELEVATIONS PROJECT SUMMARY/ SCOPE OF WORK SYMBOL LEGEND I I lj i rlQzl aA x�;e �n„r„ ervca[v ❑n,vr 42R. n cvewiv nu,w, GA 9D2 eiani� wry C�A[nnurgvv,5vws.cv... wcw �,i[. wwvi. c [wlnirgovi�ow� col, P rto.,C[T M1n M[ nup +,o Uw[n� T4/,o C� org��:4 VICINITY MAP REVISION SHEET INDEX r-- 0 N 7 J � IL ran w 3» CD I- L CO N N V PROJECT INFO. T1-1 YJ� EXISTING STATER BROTHERS 4: 0 Recycling Collection/ Buy Back Center Shall be in c"Junctlon with a grocery market per section 12.21A 1SIC) A ` 220 PR{}POSFA Y W.nN1eR5, TYR PROJECT INFORMATION: 1. LOT AREA: 86,814 SQ.FT. 2. NUMBER OF DWELLINGS UNIT: NIA 3. NUMBER OF PARKING SPACES (OPEN PARKING): 69 REQUIRED 127 PROPOSED 4. AREA & PERCENTAGE OF LOT DEVOTED TO OPEN SPACE: 2,295 SQ.FT. / .38 % 5. AREA OF EACH BUILDING AND TOTAL BUILDING AREA: 16,730 SQ. FT. 6, AREA & PERCENTAGE OF LOT DEVOTED TO DRIVEWAY AND OPEN PARKING: 70,084 SQ.FT 1 81% 28` 5 in B.— .-- #25�• GI.Yc— 0- 9b21 2 E„qi�. Inr _ wnlrAnv,eowp.cnn w EesITE. Wviw. PEPFI ITAovlsOw s.cOM .arc uv u._ =w,r V32'= 1'•0" SITE PLAN PLAN VIEW TYPICAL ROLL -OFF DETAILS Lo 114- a V n. ML PIKE S xW AIATE 50 STATE ' lats•X!C' SIDE VIEW Fuca ■ Awa. SIM REM � SLOPE Ir- � rte• ��Cm°a"`�er I I ILEH SIDE ELEVATION — Sur Iliac sWE ;„vy w1 -cu s b- 4" CM19.-n F6r'vaalu REPUNfE 6RAFgIC - - -L: »•. •• {I LMMIOWTWM swum t, 2W I M.V, EACII I LM Aware... RIGHT SIDE�VATION �' ,EXTERIOR ELEVATION'S 114• _ I'-0' 10�' Raye,y O,tyJ - V f R Mu POST mom Y V[ 4'-5' MLM nw rF a we "y STAFF HOURS VIM 9GN I ga YYIE p/T[ VINYL SIGN RER..L-aFF DOOR OPENWG "Air- WIN wn� aur a*" azE 4w x J9.5' 71 ° v Duan i- �C 1 _ j FRONT ELEVATION REAR ELEVATION MACHX HOURS Vim 9GR SIDE VIEW Fuca ■ Awa. SIM REM � SLOPE Ir- � rte• ��Cm°a"`�er I I ILEH SIDE ELEVATION — Sur Iliac sWE ;„vy w1 -cu s b- 4" CM19.-n F6r'vaalu REPUNfE 6RAFgIC - - -L: »•. •• {I LMMIOWTWM swum t, 2W I M.V, EACII I LM Aware... RIGHT SIDE�VATION �' ,EXTERIOR ELEVATION'S 114• _ I'-0' 10�' Raye,y O,tyJ - V f �I mom Y V[ 4'-5' MLM nw rF a we "y NATION A EtlETlATTON B (D WAR) I x -w 9f£ gm +rots• x mxr ma W.4-00 c ELEVAiIOfT C nR wa w/ m6A sleT � INTERIOR ELEVATIONS ��#L,•iC=: p ELECTRA Ai PANl:i I i I I ROLL -OFF I I ROLL --OFF 1 SM. D/A-I I I IrAA1Nl9 1AN1L SEN �ru.rwT1 .v. -•o N.� �I Y -•-y M- Ir. x Ir, - NNrI STOR€:RONT 9W 4'-5' MLM nw rF a we "y STAFF HOURS VIM 9GN I ga EtlETlATTON B (D WAR) I x -w 9f£ gm +rots• x mxr ma W.4-00 c ELEVAiIOfT C nR wa w/ m6A sleT � INTERIOR ELEVATIONS ��#L,•iC=: p ELECTRA Ai PANl:i I i I I ROLL -OFF I I ROLL --OFF 1 SM. D/A-I I I IrAA1Nl9 1AN1L SEN �ru.rwT1 .v. -•o N.� '�"",,•�.•-'� Y- -"Y M- Ir. x Ir, - NNrI STOR€:RONT 9W 4'-5' MLM nw rF a we "y STAFF HOURS VIM 9GN I ga YYIE p/T[ �" I DOOR OPENING I DOOR OPENWG WIN wn� aur a*" Wiri 96N 71 i1 �C - Iri.CAk CAFIX E IIAIE _ j } .�,AL MACHX HOURS Vim 9GR ---M W.. IIA I I i I --- MUM- WLrc a WK yi dwo, Jr x &V MAL SM j I I 1 I }y "OLARET mm LRAPMC Awb4amtiwx I I i m[' 7M, x N4r'r onnn . ar� rmorss �•.y -DANA VXYL R1571ttrM- SIG4 1 J WE uts. r [[ e i-- _ — — — 11011 CODA am M14 ORWGL WEN* a1Q l. PAFEL r - NRkL wsTRus ppv/sAFerr sms 1 ODNPACTOR II FRONT EI EVATIONe ' I., O r Tn I• REAR ELEVATION • "T I FACT@ CFYLAO L m I i I I 1 I I i [—ow Sm Akn j I } { { I 6066 ROLL -LP 3I - I I uw.a r � •-1 -f -- f' te+ fi'-a' 6'-a' 6'-O" y _ sm k'"` FLOOR PLAN KV TO INTERIOR ELEVATIONS talk go , ecv Lt Gpf *28. asr[n�r 14'"0, QA 908 .2 cNral[.: [nrP�uaaM.rran�da..pnw w;pgfe';, avww,i�{p MryAn v[ggpR.p P*� n H � N Qa a �Q a as � N � �ru.rwT1 .v. -•o N.� fip. Rtvl-inNN.4t p/T[ .-oatca ao•oa [ arm 0�-[B.qG: FL©OR PLANS ELEVATI©NS Al -1 1q RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT PA -87-154 FOR REPLANET RECYCLING FACILITY TO OPERATE AT 2180 NEWPORT BLVD THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, on September 14, 1987, the Costa Mesa Planning Commission approved Planning Application PA -87-154 that authorized the establishment of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd; and WHEREAS, the approval of Planning Application PA -87-154 authorized the operation of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd for a period of six months, with an approved subsequent extension on September 12, 1988, subject to two-year reviews for the purpose of ensuring continued compliance with applicable conditions of approval; and WHEREAS, on July 9, 2012, the two-year review of PA -87-154 was referred to the Planning Commission for review to address concerns raised by abutting neighbors related to noise, litter and loitering problems. The Planning Commission granted an extension to September, 2013; and WHEREAS, RePlanet took over operation of the facility in early 2013. At the September 9, 2013 Planning Commission meeting, RePlanet requested a continuance to November 12, 2013 to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the November 12, 2013 Planning Commission Meeting, the Commission granted a six-month extension to March 10, 2014 to give RePlanet time to implement the conditions of approval, including relocation of the recycling vestibule, the installation of a new vestibule with reverse vending capabilities, and to continue to work with Stater Bros. on the installation of permanent landscaping; and to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the March 10, 2014 Planning Commission meeting, staff was directed to (1) investigate and prepare evidence supporting revocation of RePlanet's conditional use permit, and (2) discuss with RePlanet other options for their business location; and WHEREAS, on July 15, 2014, City staff held a meeting with RePlanet to discuss potential relocation sites for its business; and WHEREAS, on September 22, 2014, a duly noticed public hearing on the revocation of PA -87-154 was held before the Planning Commission, which included a staff report, presentation of evidence by staff wherein the applicant and applicant's counsel were allowed to cross-examine members of the City staff and provide oral arguments to the Planning Commission. In addition, public comments both in favor of and opposed to revocation were received by the Planning Commission; and WHEREAS, the Planning Commission, on September 22, 2014 voted to revoke the conditional use permit on a 4-0 vote (Vice Chair Dickson absent); and WHEREAS, on September 29, 2014, an appeal of the decision of the Planning Commission was requested by the applicant's legal counsel with a request to conduct the City Council hearing on January 20, 2015; and WHEREAS, a duly noticed public hearing was held by the City Council on January 20, 2015 with all persons having the opportunity to speak for and against the proposal. WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines; and the City environmental procedures, and has been found to be categorically exempt from CEQA under Section 15321 for Enforcement Actions by Regulatory Agencies, and the CEQA exemption reflects the independent judgment of the City of Costa Mesa. WHEREAS, based upon its review and due consideration of all materials presented to it, the City Council makes the following findings regarding the revocation of PA -87-154. NOW THEREFORE, the City Council of the City of Costa Mesa finds and resolves as follows: ICJ- A. The Costa Mesa Development Services Department has identified the following Conditions of Approval that have been violated by RePlanet during the period from December 2013 through January 2015, inclusive: o Condition of approval number 5 provides that "The business shall be conducted at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement." o Condition of approval number 8(a) provides that the "attendants shall enforce no shopping carts, no loitering, and ensure all customers follow the rules. Attendants shall refuse service to anyone who disobeys." o Condition of approval number 8(g) provides that "any bagged product or trash shall not be kept outside of the facility." o Condition of approval number 10 provides that "Hours for the pick-up and drop-off of the recycling trailers shall not occur before 9:00 am or after 5:00 pm, Tuesday through Saturday only." o Condition of approval number 18 provides that "the business operator shall adequately patrol the area over which he/she has control in an effort to prevent the loitering of persons about the premises during business hours." o Condition of approval number 19 provides that "the business operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which he/she has control to prevent trash, graffiti and littering. o Condition of approval number 20 provides that "the business operator shall maintain free of litter and graffiti all areas of the premises under his/her control." o Condition of approval number 29 provides that "the operator shall install the modern vestibule as shown on the conceptually approved plans." o Condition of approval number 30 provides that "to the fullest extent possible, the applicant shall continue to work with staff to incorporate new landscaping in the parking lot. A landscape planter consisting of ground cover, irrigation, and a minimum of two trees shall be installed to the satisfaction of the Development Services Director. Alternatives to the landscape planter that would achieve a similar effect to beautify or screen the recycling facility may be approved by the Development Services Director." —26r o Condition of approval number 31 provides that "the applicant shall provide planter boxes with appropriate landscape materials as shown on the approved plans." B. RePlanet has operated in violation of these conditions, to wit: 1. On December 10, 2013, RePlanet removed its recycling bins and replaced them with empty ones at 6:00 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Christy Turley, 2183 Rural Lane, Costa Mesa and Deanne Hemmens, 2177 Rural Lane, Costa Mesa. 2. Also on December 10, 2013, RePlanet failed to prevent three individuals from loitering around its facility in violation of conditions of approval number 8(a) and number 18. One of them approached neighboring resident Tyler Turley and asked if he had any drugs for sale. These violations were observed by Tyler Turley, 2183 Rural Lane, Costa Mesa. 3. On January 29, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 4. On February 5, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 5. On February 8, 2014, RePlanet allowed stacks of cans outside its facility in violation of conditions of approval number 8(b), number 19 and number 20. These violations were observed by Deanne Hemmens. 6. On February 20, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 7. On February 26, 2014, RePlanet again removed and replaced its recycling bins at 4:50 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 8. On March 30, 2014, RePlanet again removed and replaced its recycling bins at 2:30 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 9. On May 24, 2014, RePlanet again removed and replaced its recycling bins at 7:15 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Christy and Tyler Turley. .® 21— 10. On May 31, 2014, RePlanet again removed and replaced its recycling bins at 10:25 p.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 11. As of September 5, 2014, no vestibule or landscaping has been installed at RePlanet's facility in violation of conditions of approval number 29 and number 30. 12. On September 30, 2014, a week after RePlanet's CUP was revoked by the Planning Commission, RePlanet allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 13. On October 1, 2014, RePlanet again allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 14. On October 5, 2014, RePlanet again allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 15. On October 6, 2014, RePlanet allowed broken glass and trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 16. On December 30, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(g) and number 18. These violations were observed by Deanne Hemmens. 17. On December 31, 2014, no planter boxes with appropriate landscape materials were installed in violation of condition of approval number 31. 18. On January 5, 2015, RePlanet allowed a spill of an unknown liquid to accumulate on the ground near its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. C. The property has been operated as a public nuisance, pursuant to Section 13- 29 of the Costa Mesa Municipal Code and Sections 3479 and 3480 of the Civil Code. Namely, the following conditions are found to be injurious to health, indecent or offensive to the senses, or constitute obstructions to the free use of property, so as to interfere with the comfortable enjoyment of life or property: a. Consistent late night and early morning trailer removal and replacement adjacent to a residential neighborhood. b. Storage of trash in plain sight. 2-2- c. Enabling the site to become a popular loitering spot for the homeless and drug users. D. Under the totality of the circumstances above, there is substantial evidence that RePlanet has been operated by its management in disregard for the health, safety and general welfare of the neighborhood, its patrons and the people of the City of Costa Mesa, as well as in violation of law. E. The current and past operation of RePlanet constitutes a public nuisance and is detrimental to the public health or safety so as to constitute a public nuisance. F. This revocation hearing of Conditional Use Permit PA -87-154 is deemed Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Class 21), Enforcement Actions of Regulatory Agencies. G. Chapter IX, Article 12, Transportation Demand Management, of Title 13 of the Costa Mesa Municipal Code does not apply to this revocation hearing. The City Clerk shall attest to the adoption of this resolution and shall forward a copy to the applicant, and any person requesting the same. BE IT RESOLVED, therefore, that based on the evidence in the record and the findings contained in this resolution, the City Council hereby upholds the Planning Commission's revocation of Conditional Use Permit PA -87-154 with respect to the property described above. UPHOLDING THE REVOCATION OF CONDITIONAL USE PERMIT PA -87-154 PASSED AND APPROVED at the City Council meeting of January 20, 2015, by the following vote: PASSED AND ADOPTED on this 20TH day of January, 2015. STEPHEN M. MENSINGER Mayor, City of Costa Mesa -- Z3 — ATTEST: APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA r 24 STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 15_ as considered at a regular meeting of said City Council held on the 20th day of January, 2015, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 20th day of January, 2015, by the following roll call vote: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this _ day of 2015 —255 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA MODIFYING CONDITIONAL USE PERMIT PA -87-154 FOR REPLANET RECYCLING FACILITY TO OPERATE AT 2180 NEWPORT BLVD THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, on September 14, 1987, the Costa Mesa Planning Commission approved Planning Application PA -87-154 that authorized the establishment of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd; and WHEREAS, the approval of Planning Application PA -87-154 authorized the operation of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd for a period of six months, with an approved subsequent extension on September 12, 1988, subject to two-year reviews for the purpose of ensuring continued compliance with applicable conditions of approval; and WHEREAS, on July 9, 2012, the two-year review of PA -87-154 was referred to the Planning Commission for review to address concerns raised by abutting neighbors related to noise, litter and loitering problems. The Planning Commission granted an extension to September, 2013; and WHEREAS, RePlanet took over operation of the facility in early 2013. At the September 9, 2013 Planning Commission meeting, RePlanet requested a continuance to November 12, 2013 to allow for additional time to work with the neighboring residents, Stater Bros., city staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the November 12, 2013 Planning Commission Meeting, the Commission granted a six-month extension to March 10, 2014 to give RePlanet time to implement the conditions of approval, including relocation of the recycling vestibule, the installation of a new vestibule with reverse vending capabilities, and to continue to work with Stater Bros. on the installation of permanent landscaping; and to allow for additional time to work with the neighboring residents, Stater Bros., city staff, and the ,2(p— Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the March 10, 2014 Planning Commission meeting, staff was directed to (1) investigate and prepare evidence supporting revocation of RePlanet's conditional use permit, and (2) discuss with RePlanet other options for their business location; and WHEREAS, on July 15, 2014, city staff held a meeting with RePlanet to discuss potential relocation sites for its business; and WHEREAS, on September 22, 2014, a duly noticed public hearing on the revocation of CUP PA -87-154 was held before the Planning Commission, which included a staff report, presentation of evidence by staff wherein the applicant was allowed to cross-examine members of the City staff and provide oral arguments to the Planning Commission. In addition, public comments both in favor of and opposed to revocation were received by the Planning Commission; and WHEREAS, based upon its review and due consideration of all materials presented to it, the Planning Commission revoked PA -87-154 on September 22, 2014. WHEREAS, on September 29, 2014, an appeal of the decision of the Planning Commission was requested by the applicant's legal counsel with a request to conduct the City Council hearing on January 20, 2015; and WHEREAS, on January 20, 2015, the City Council heard RePlanet's appeal, which consisted of a de novo hearing where the City Council considered revocation or modification of PA -87-154; and WHEREAS, based upon its review and due consideration of all materials presented to it, the City Council makes the following findings regarding the revocation of PA -87-154. NOW THEREFORE, the City Council of the City of Costa Mesa finds and resolves as follows: A. The Costa Mesa Development Services Department has identified the following Conditions of Approval that have been violated by RePlanet during the period from December 2013 through January 2015, inclusive: —2_-1`- o Condition of approval number 5 provides that "The business shall be conducted at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement." o Condition of approval number 8(a) provides that the "attendants shall enforce no shopping carts, no loitering, and ensure all customers follow the rules. Attendants shall refuse service to anyone who disobeys." o Condition of approval number 8(g) provides that "any bagged product or trash shall not be kept outside of the facility." o Condition of approval number 10 provides that "Hours for the pick-up and drop-off of the recycling trailers shall not occur before 9:00 am or after 5:00 pm, Tuesday through Saturday only." o Condition of approval number 18 provides that "the business operator shall adequately patrol the area over which he/she has control in an effort to prevent the loitering of persons about the premises during business hours." o Condition of approval number 19 provides that "the business operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which he/she has control to prevent trash, graffiti and littering. o Condition of approval number 20 provides that "the business operator shall maintain free of litter and graffiti all areas of the premises under his/her control." o Condition of approval number 29 provides that "the operator shall install the modern vestibule as shown on the conceptually approved plans." o Condition of approval number 30 provides that "to the fullest extent possible, the applicant shall continue to work with staff to incorporate new landscaping in the parking lot. A landscape planter consisting of ground cover, irrigation, and a minimum of two trees shall be installed to the satisfaction of the Development Services Director. Alternatives to the landscape planter that would achieve a similar effect to beautify or screen the recycling facility may be approved by the Development Services Director." o Condition of approval number 31 provides that "the applicant shall provide planter boxes with appropriate landscape materials as shown on the approved plans." B. RePlanet has operated in violation of these conditions, to wit: 1. On December 10, 2013, RePlanet removed its recycling bins and replaced them with empty ones at 6:00 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Christy Turley, 2183 Rural Lane, Costa Mesa and Deanne Hemmens, 2177 Rural Lane, Costa Mesa. 2. Also on December 10, 2013, RePlanet failed to prevent three individuals from loitering around its facility in violation of conditions of approval number 8(a) and number 18. One of them approached neighboring resident Tyler Turley and asked if he had any drugs for sale. These violations were observed by Tyler Turley, 2183 Rural Lane, Costa Mesa. 3. On January 29, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 4. On February 5, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 5. On February 8, 2014, RePlanet allowed stacks of cans outside its facility in violation of conditions of approval number 8(b), number 19 and number 20. These violations were observed by Deanne Hemmens. 6. On February 20, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 7. On February 26, 2014, RePlanet again removed and replaced its recycling bins at 4:50 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. -_2q-- 8. On March 30, 2014, RePlanet again removed and replaced its recycling bins at 2:30 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 9. On May 24, 2014, RePlanet again removed and replaced its recycling bins at 7:15 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Christy and Tyler Turley. 10. On May 31, 2014, RePlanet again removed and replaced its recycling bins at 10:25 p.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 11. As of September 5, 2014, no vestibule or landscaping has been installed at RePlanet's facility in violation of conditions of approval number 29 and number 30. 12. On September 30, 2014, a week after RePlanet's CUP was revoked by the Planning Commission, RePlanet allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 13. On October 1, 2014, RePlanet again allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 14. On October 5, 2014, RePlanet again allowed trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. 15. On October 6, 2014, RePlanet allowed broken glass and trash to remain outside its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. —,30, 16. On December 30, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(g) and number 18. These violations were observed by Deanne Hemmens. 17. On December 31, 2014, no planter boxes with appropriate landscape materials were installed in violation of condition of approval number 31. 18. On January 5, 2015, RePlanet allowed a spill of an unknown liquid to accumulate on the ground near its facility in violation of conditions of approval number 8(g), number 19, and number 20. These violations were observed by Deanne Hemmens. C. The property has been operated as a public nuisance, pursuant to Section 13- 29 of the Costa Mesa Municipal Code and Sections 3479 and 3480 of the Civil Code. Namely, the following conditions are found to be injurious to health, indecent or offensive to the senses, or constitute obstructions to the free use of property, so as to interfere with the comfortable enjoyment of life or property: a. Consistent late night and early morning trailer removal and replacement adjacent to a residential neighborhood. b. Consistent storage of trash in plain sight. C. Enabling the site to become a popular loitering spot for the homeless, drug users, and other undesirables. H. Under the totality of the circumstances above, there is substantial evidence that RePlanet has been operated by its management in disregard for the health, safety and general welfare of the neighborhood, its patrons and the people of the City of Costa Mesa, as well as in violation of law. I. Under the totality of the Circumstances above, there is substantial evidence that RePlanet has been operated in violation of PA -87-154. J. The current and past operation of RePlanet constitutes a public nuisance and is detrimental to the public health or safety so as to constitute a public nuisance. K. This revocation/modification hearing of Conditional Use Permit PA -87-154 is deemed Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Class 21), Enforcement Actions of Regulatory Agencies. L. Chapter IX, Article 12, Transportation Demand Management, of Title 13 of the Costa Mesa Municipal Code does not apply to this revocation/modification hearing. The City Clerk shall attest to the adoption of this resolution and shall forward a copy to the applicant, and any person requesting the same. BE IT RESOLVED, therefore, that based on the evidence in the record and the findings contained in this resolution, the City Council hereby reverses the revocation of Conditional Use Permit PA -87-154 with respect to the property described above and instead imposes the following additional conditions: [INSERT ADDITIONAL CONDITIONS HERE] REVERSING THE REVOCATION OF CONDITIONAL USE PERMIT PA -87-154 AND IMPOSING ADDITIONAL CONDITIONS PASSED AND APPROVED at the City Council meeting of January 20, 2015, by the following vote: PASSED AND ADOPTED on this 20TH day of January, 2015. STEPHEN M. MENSINGER Mayor, City of Costa Mesa ATTEST: APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA _`2, STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 15_ as considered at a regular meeting of said City Council held on the 20th day of January, 2015, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 20th day of January, 2015, by the following roll call vote: AYES: NOES: -,1 IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of 2015 —33— /_1 :j :j /_1 W_1» j [a_N 0 [0] i I ;[*]I►Ti I_1l Costa IVlel a CITY CLf-1 N City of Costa Mesa 14 SEP 29 Pr1 14: 10 [ Appeal of Planning Commission De(cision/Rehearingy: $1,220.00 Appeal of Zoning Adn�ini5 ria k IBJ m, g dicia'I`F Pit$ Marshal / El Staff Decision: $680.0.9 y��, APPLICATION FOR APPEAL, REHEARING, OR REVIEW Applicant Name' Brian Jackson Address 491 Kettering Drive, Ontario CA 91761 Phone _ s51-515-27 o5 Representing rePlanat, LLC REQUEST FOR: ❑ REHEARING © APPEAL ❑ REVIEWS« Decision of which appeal, rehearing, or review is requested: (give application number, if applicable, and the date of the .-MMOnnsn Planning Application No. PA -87-154 (Resolution No. PC -14-44), dated September 22, 2014 Decision by: _ Planning Commission Reasons for requesting appeal, rehearing, or review: Date: Please see attached appeal letter. 4 Signature: "If you are serving as the agent for another person, please identify the'person you 'epresent and provide proof of authorization. -Review may be requested only by Planning Commission, Planning Commission Member, City Council, or City Council Member For office use only - do not write below this line SCHEDULED FOR THE CITY COUNCIL/PLANNING COMMISSION MEETING OF: If appeal, rehearing, or review is for a person or body other than City Council/Planning Commission, date of hearing of appeal, rehearing, or review: Updated July 2011 —735— September 29, 2014 VIA HAND DELIVERY Members of the City Council City of Costa Mesa Attn: Brenda Green, City Cleric 77 Fair Drive Costa Mesa, CA 92626 A LAW CORPORATION Direct Dial: 949.851.7638 Imaif. pgosney@jdtplaw.com Reply to: Irvine Office Pile No: 2294-00260 Re: rePlanet Recycling —Conditional Use Permit PA -87-154 Dear Honorable Couneilmembers: We represent rePlanet Recycling ("rePlanet"), in connection with its Conditional Use Permit PA -87-154 (the "CUP") to operate a small beverage container recycling and redemption center ("Recycling Center" or "Center") in the parking lot area of the Stater Bros. supermarket located at 2180 Newport Boulevard ("Site") in the City of Newport Beach ("City"), We request that you include this letter and the accompanying attachments as part of the administrative record in this matter. In accordance with Municipal Code section 13-290), this letter serves as formal notice of rePlanet's appeal of Planning Commission's approval of Resolution No. PC -14-44 on September 22, 2014, revolting the CUP and finding that the Center constituted a public nuisance under Municipal Code section 13-17. 1, On September 22, 2014, the Planning Commission adopted Resolution No, PC -14-44 revoking the CUP and finding that the Center constituted a public nuisance under Municipal Code section 13-17. The Planning Commission based its decision on a series of isolated incidents involving after-hours bin pickups and longstanding problems associated with homeless in the surrounding neighborhood. In reaching its decision, the planning Commission disregarded the fact that there have been no complaints or issues for nearly four (4) months at the Site as a result of operational improvements that rePlanet volunteered to implement and, with the assistance of Stater Bros, has diligently enforced. As long as these measures remain in place and continue to be actively implemented at the Site, as rePlanet and Stater Bros. have committed to do, there is every reason to believe that the City's and residents' concerns related to operation of the Center will be eliminated. For these reasons, as well as those discussed rnore fully below, the Irvine Office 2030 Main Street, Suite 1200 Irvine, California 92614 t 949.752.8585 f 949.752.0597 Westlake Village Office 2815 Townsgate Road, Suite 200 Westlake Village, California 91361 t 805.230.0023 f 805.230.0087 1 s i�?" www.jdtplaw.com Members of the City Council September 29, 2014 Page 2 Planning Commission erred in revoking the CUP and terminating rePlanet's right to operate the Recycling Center at the Site. Finally, in the event that the City Council upholds the Planning Commission's decision to revolve the CUP, rePlanet respectfully requests that the City delay the effective date of the revocation until January 1, 2015, or some such other date that will allow sufficient time for the City to act upon a forthcoming application by rePlanet to relocate the Recycling Center to a new location at the Albertsons store at 2300 Harbor Boulevard. 2. BACKGROUND. A. History and Legislative Policies Underlying the Act. In 1986, the California Legislature adopted AB 2020, subsequently incorporated into the Public Resources Code as the California Beverage Container Recycling and Litter Reduction Act (Public Resources Code, §§ 14500 et seq.) (the "Act"). The Act set forth a legislative policy of promoting recycling, redemption and other conservation values, as well as reducing the amount of litter attributable to recyclables. Under the Act, the California Legislature declared its intent to make recycling and redemption services convenient, efficient and economical for consumers, and expressly urged "cities and counties, when exercising their zoning authority, to actfavorably on the siting of multimaterial recycling centers, reverse vending machines, mobile recycling units, or other types of recycling opportunities, as necessary for consumer convenience, and the overall success of litter abatement and beverage container recycling in the state." (Pub. Res. Code, § 14501, subd. (e) [emphasis added].) In order to accomplish these goals, the State of California Department of Conservation ("DOC") requires that a "Convenience Zone" be designated within a one-half mile radius of a supermarket that meets certain designated criteria, and that the supermarket creating the "Convenience Zone" be responsible for providing recycling/redemption services within that particular area. Furthermore, as of duly 1, 2012, a city or county that adopts or enforces a land use restriction "that prevents the siting of a supermarket [recycling center] site," such as the amended ordinance, shall not be eligible to receive any payments, grants or loans from the State Department of Recycling. (Pub. Res. Code, § 14583.) Long before the Act required that supermarkets meeting the designated criteria provide recycling and redemption services, local markets performed these functions by accepting redeemable containers inside the store. After the Act was passed, designated supermarkets continued to comply with the Act in this manner. However, as provisions of the Act increased the types of recyclable containers, supermarkets found themselves overwhelmed by the increased volume of redemptions and struggling to function as both grocery stores and redemption centers. In addition, serious public health and safety problems arose when used beverage containers were stored in proximity to new food products. As a result, the majority of supermarkets began contracting with companies like rePlanet to provide recycling and redemption services outside of the store via reverse vending machines --3`1- Members of the City Council September 29, 2014 Page 3 or employee -operated collection centers. Initially, these recycling centers were allowed to operate without permits; however, as the centers became more prevalent and popular, cities began requiring permits and/or regulating their operation via specific municipal code provisions. The CUP, and operation of a recycling center at the Site, predates the adoption of the City's land use ordinance. B. History of the Recycling Center and Operational Improvements by rePlanet and Stater Bros. to Address the Concerns of Local Residents. rePlanet and its predecessors have been operating at the Site and enabling City residents and local employees to obtain their CRV redemption fees since September 14, 1987 — a period of nearly thirty (30) years. At present, the Recycling Center is the only beverage container recycling facility in the entire City of Costa Mesa. The staggering number of beverage containers processed by the Recycling Center on a monthly (approximately 450,000) and annual (nearly 5.5 million) basis is a testament to the significant interest in, and need for, the continued operation of the Center at the Site. This works out to over $275,000 annually (approximately $23,000 per month) in CRV redemption money being put back into the hands of City residents who, in large part, turn around and spend the money at local businesses and grocery stores. For more than 25 years there was not one complaint from the City or its residents related to operation of the Center. The CUP was renewed by the City every 2 years (1990, 1992, 1994, 1996, 1998, 2000, 2002, 2004, 2006, 2008, and 2010) until 2012 when operation of the Center by rePlanet's predecessor, EarthWize, created concerns among residents related to noise, littering and loitering. At a Planning Commission hearing on July 9, 2012, the City granted an extension on the CIDP to September 2013, On July 12, 2013, approximately one year after the July 9, 2012, Planning Commission hearing, rePlanet took over operation of the Center from EarthWize. Mindful that the CUP would be coming up for reevaluation by the Planning Commission in Septennber 2013, rePtanet began immediately meeting with residents, the City and Stater Bros. to identify and address concerns related to the prior operation of the Center. Upon rePlanet's request, the City agreed to continue the September 9, 2013, Planning Commission hearing to November 12, 2013, to allow additional time for rePlanet to work with the parties to resolve these issues. On September 4, 2013, rePlanet representatives met with local residents to discuss their concerns. Following the meeting, rePlanet immediately implemented several operational changes to eliminate the perceived problems with the Recycling Center, including: • Relocating the Center to a different area of the parking lot adjacent to Newport Boulevard and further away from local residences and installing planters with landscaping to screen the Center from residents; • Doubling the number of attendants during all hours of operation while significantly reducing the hours of operation for the Center to 9:00 a.m. to 4:30 p.m. on Monday and Wednesday through Saturday; Members of the City Council September 29, 2014 Page 4 • Strictly enforcing rePlanet's existing policies against loitering and the use of shopping carts by customers, and tracking all customers that have been refused service using a "Refuse Service Tracking Log'; • Coordinating with Stater Bros. and local law enforcement to address after-hours loitering problems from homeless persons in the surrounding neighborhood; and • Increased pressure washing and Site clean-up and maintenance operations. These operational changes were subsequently incorporated into revised conditions of approval that were adopted by the Planning Commission at the continued hearing on November 12, 2013, as part of an extension of the CUP to March 10, 2014. There is no dispute that rePlanet immediately complied and has continued to comply with these operational modifications since they were first implemented after the November 12, 2013, hearing. rePlanet relocated the Center on January 6, 2014, after securing the necessary approvals, and installed landscaping screen planters on February 6, 2014 (purchased from a local business, Armstrong's Nursery). The planters were removed by Stater Bros. in May 2014 after heavy Santa Ana winds caused them to fall over and break. rePlanet also installed stanchions to direct/position customers closer to Newport Boulevard and further away from local residences. Further, rePlanet reduced the hours of operation even further than required under the conditions of approval (from 4:30 p.m. to 3:30 p.m,). In addition, rePlanet worked with Stater Bros. to implement additional operational improvements at the Site, including regular policing of the parking area and refusal of service to prevent loitering and homeless activities and increase daily cleanup activities. On March 10, 2014, the City Planning Commission held a hearing to further evaluate re.Planet's compliance with the revised conditions of approval. rePlanet representatives spoke about the extensive efforts that they had made to address residents' concerns and comply with the conditions of approval. Several residents also appeared and spoke in support of the Center and rePlanet submitted a petition containing signatures from more than 200 local residents and registered voters. (See Exhibit 1.) In addition, the Stater Bros. store manager spoke about all of the operational improvements that Stater Bros, had implemented and their increased vigilance in working with the police to prevent homeless and others front loitering in the area, Based solely on a few isolated incidents of after-hours bin pickups and incidents involving two residents and local homeless, the Planning Commission directed City staff to prepare findings for revocation of the CUP and work with rePlanet on potential options for relocating the Recycling Center to a new site. Notwithstanding the above, since the end of May 2014, there has not been a single complaint by residents or any other problem associated with the Recycling Center. C. Potential Relocation of the Recycling Center. Per the Planning Commission's direction at the March 10, 2014, hearing, rePlanet met with City staff and representatives from Albertsons on July 15, 2014, to discuss the potential relocation of the Center to the Albertsons supermarket located at 2300 Harbor Boulevard in the _ `Z q Members of the City Council September 29, 2014 Page 5 City. Following a visit to the Albertsons location on July 23, 2014, the City agreed that Albertsons would be a suitable relocation site for the Center. rePlanet immediately began working with Albertsons and the underlying property owner on a permit application for the project. The parties continue to work diligently to complete and finalize the application. 3. ARGUMENT. a Approval. As outlined above, rePlanet has implemented numerous operational improvements at the Site to address the concerns of neighbors and comply with the updated conditions of approval adopted by the City at the November 12, 2013, Planning Commission hearing. Aside from a handful of isolated incidents that occurred early on (and that have since been fully and completely addressed so as to ensure that there are no repeat occurrences), rePlanet has delivered on each and every promise it made to residents and the City about improving operations at the Site. The fact that there has not been one single incident or complaint about the Center for more than four (4) months is a testament to the effectiveness of these measures and to rePlanet's dedication to ensuring that these improvements continue to be enforced at the Center. In light of this track record of compliance and improved conditions at the Site, the City Council should reject the Planning Commission's decision to revoke the CUP. Furthermore, the City should not hold rePlanet accountable for longstanding homelessness, loitering and litter impacts that occur outside of rePlanet's hours of operation and are not directly attributable to the Recycling Center itself or its customers. The City has had a homeless population since long before rePlanet or its predecessors began operating the recycling center at the Site. The presence of homeless in the neighborhood surrounding the Site is unsurprising given the fact that the Crossings Church (located near the Site at 2115 Newport Boulevard) provides extensive support services to local homeless, including storage facilities, food, and a mobile "wash" unit for laundry and showers. It is unfair to lay the blame for this societal problem at rePlanet's feet and label the Recycling Center a nuisance, particularly given all that rePlanet has done (and continues to do) to work with law enforcement and Stater Bros. to minimize the homelessness and loitering impacts at the Site. rePlanet does all it can to discourage loitering and ensure that the Site and facility are clean and free of trash and debris; however, it can only do so much, Rather than "enabling the site to become a popular loitering spot for the homeless and drug users," as the City has suggested (see Resolution No. PC -14-44, § C(c)) rePlanet, along with Stater Bros., are leading the fight to improve these conditions. Finally, the Planning Commission's findings that rePlanet had failed to install landscaping or a "vestibule" to screen operations at the Center are baseless. As noted above, rePlanet spent more than $2,000 at a local nursery purchasing planter boxes that were installed on February 6, 2014. After several months, the boxes were blown over during a windstorm and discarded by Stater Bros. staff. Due to logistical issues in the parkhig lot and location of the Center, rePlanet is unable to install more fortified screening and landscaping, Nonetheless, since Members of the City Council September 29, 2014 Page 6 the broken planters were removed in May 2014, rePlanet and Stater Bros. have been working on developing additional landscaping/screening alternatives for the Site. In sum, the City Council should not uphold the Planning Commission's revocation of the CUP because rePlanet has demonstrated that the operational improvements implemented at the Site are working and continued efforts to enforce them will eliminate all of the City's and residents' concerns, The City Council cannot revoke the CUP based upon impacts that occur outside of the Center's hours of operation and outside of rePlanet's scope of control. B. The City h'a'ils to Understand the Significant Impacts That Will Result from Revocation of the CUP. The "convenience zone" and surrounding area served by the Recycling Center at the Stater Bros. shopping center includes 3 separate supermarkets located in and around the City, (including Stater Bros.), as well as 16 retailers that sell beverages in CRV recyclable containers. If the City revolves the CUP and shuts down rePlanet's Recycling Center, then these 3 local supermarkets and 16 businesses will become "unserved" and will either be required to collect beverage containers inside the store by hand (possibly damaging their food facility license and public health because they may have to collect containers at the cash register), or else pay a mandatory fine of $100 per day. The cumulative cost of the fines, which are individually assessed against each store that is not "served," adds up to over $36,000 annually per store (or $684,000 ctmrulatively). These costs would be passed on directly to local consumers in the form of higher prices as stores would have to sell several million dollars more in product in order to make up for the penalties, Thus, the City would be taking money out of the pockets of City residents at a time of great economic need by denying them the right and ability to conveniently obtain their CRV. Moreover, there is no dispute that a significant demand exists in the City for CRV beverage container recycling. The staggering number of beverage containers processed by the Recycling Center on a monthly (approximately 450,000) and annual (nearly 5.5 million) basis is a testament to the significant interest in, and need for, the continued operation of the Center at the Site. As discussed earlier, this works out to over $275,000 annually (approximately $23,000 per month) in CRV redemption money being put back into the hands of City residents who, in large part, turn around and reinvest the money locally at City businesses and grocery stores. In addition, at the March 10, 2014, Planning Commission hearing rePlanet submitted a petition with signatures from over 200 residents of the City and registered voters confirming their desire that the rePlanet Center remain in operation. A copy of the Petition, which was inexplicably not included as part of the Planning Commission's September 22, 2014, Evidence Packet, is attached as Exhibit I to this letter. Thus, City residents, businesses and Stater Bros. all support the continued operation of the Center at the Site. rePlanet strongly urges the City to listen to, anti act in the best interests of, all of its residents and businesses and not revoke the CUP. Members of the City Council September 29, 2014 Page 7 C. If the City Council Determines to Revoke the CUP, Then it Should Make the Revocation Effective January 1, 2015, to Allow Sufficient Time for the Albertsons Permit Application to be Submitted and Acted Upon by the City. As discussed above, the City Council should reject the Planning Commission's decision to revoke the CUP given rePlanet's demonstrated commitment to comply with the November 12, 2013, conditions of approval, as evidenced by the absence of any complaint or issue since May 2014, as well as rePlanet's extensive efforts to work with local residents – rePlanet's customers – to identify and address their concerns. In the event that the City Council decides to uphold the Planning Commission's decision and validate Resolution No. PC -14-44, then rePlanet requests that the Council modify the revocation so that it does not become effective until January 1, 2015, or some other such future date that will allow sufficient time for rePlanct's permit application for the Albertson's location to be finalized, submitted and considered by the Planning Commission. The requested revocation date extension would be consistent with State policy under the Act requiring cities and counties to make beverage container recycling convenient and economical in that it would ensure local residents could continue to obtain their CRV redemptions at the Stater Bros. location until a suitable alternative site is up and running, The extension would also benefit Stater Bros., Albertsons and the 17 other supermarkets and beverage container retailers in the State Bros. convenience zone by enabling them to avoid losing their exempt status under the Act and, as a result, having to either incur significant daily tines or accept recyclables inside the store where potential health and safety impacts may arise. 4. CONCLUSION. For the reasons set forth above, rePlanet respectfully requests that the City vacate Resolution PC -14-44 and reverse the Planning Commission's decision to revoke the CUP, and allow rePlanet to continue providing all of the citizens of the City of Costa Mesa with recycling and redemption services in a convenient, efficient, and economic manner. Sincerely, t ii eH. Gosncy PHG/dt Enclosure cc: City Council Members Planning Commission Members Gary Armstrong, Director of Development Services Tom Hatch, City Manager Tom Duarte, City Attorney .—/12— IwIms-1-1-pol -/�3 4� m V m 41 . 4a c om 0 04 0 z In. z s.0 0 CL L� W o .0 ro NN- cy 'Id AN d C V 1u dl 44 O -" 1 s , J Id"` w w 4 a 61 zvr d t?. -" 1 s , L N d t9 = N y� I1 QJ QJ Q W ( 1 V, C i. u N � C V ED w � g3 L Q d 00 t 0 CL N N H C p . L m. 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M 1 r � n 7y n `. \ ylz IN ly �•1' 1� '"'"` �� �`.. �... Ate'; FS Cli Qv- e7'" ` \1. ` Q �S If ✓ o n F � 50— rJ" 1 J I• � _V� 1 i �Vl 3 . is q4- T� te., 4 ;7 �., r � � tS•� � SA \ ZIv- r F `�1 it � S '.. M Y 50— S-/ i� C 1 s a � ..w t ai y (4 y J r kJ ` 5 CP i✓ 44, �> s CZ t. d P^ o A3 S-/ i CIO c: 11 •.✓ 'a /IRI 0.4 J � LA � \¢y _ S4 ' � "e rte"'• n� ..� k" a t I d () .: ., Alv `� IA t. � � e, e � 'y. � � � af5 r ro f J1 ►-I I il, POINJORETAR1.1• d6()- MINUTE EXCERPTS FROM THE SEPTEMBER 22, 2014 PLANNING COMMISSION MEETING REGARDING REPLANET — PA -87-154 Public Hearing No .2 2. Application No.: PA -87-154 Applicant: Brian Jackson Site Address: 2180 Newport Boulevard Zone: C1 Project Planner: Mel Lee Environmental Determination: This project is categorically exempt under Section 1532 of the California Environmental Quality Act (CEQA) Guidelines related to enforcement actions by regulatory agencies. Description: The proposed project is a review of a conditional use permit for an existing neighborhood recycling facility (RePlanet, formerly EarthWize) within the Stater Bros. Market parking lot for modification or revocation of the conditional use permit for the neighborhood recycling facility. Mel Lee, Senior Planner, announced Greg Palmer was joining him and would be presenting the evidence for the revocation of a Conditional Use Permit for RePlanet. Mel Lee, DeAnne Hemmens, Christy Turley and Tyler Turley were sworn -in as Witnesses for the City by Recording Secretary/Notary Public Martha Rosales. Mr. Palmer provided background history and stated his case presentation was partially based on documentation as well as neighborhood witnesses. Mr. Palmer called Witness No. 1, DeAnne Hemmens, Rural Lane resident, to testify. Mr. Palmer called Witness No. 2, Christy Turley, Rural Lane resident, to testify. Mr. Palmer called Witness No. 3, Tyler Turley, Rural Lane resident, to testify. Mr. Palmer called Witness No. 4, Mel Lee, Senior Planner, to testify. PUBLIC COMMENTS Brian Jackson, RePlanet Recycling (applicant), spoke about a relocation meeting with staff, the conditions of approval, the vestibule and said they had not had any curfew violations since 5/18/14. Lee Brown, Stater Bros. Manager, was present to take the Commission's decision to revoke or not to revoke back to their Real Estate Division and move forward. Chair Fitzpatrick asked Mr. Brown to inform the Real Estate Division that the City has been trying for two decades to get the blighted corner beautified and Stater's has only invested in paint for the store. Mr. Brown agreed to do as requested. Angela Miner, Rural Lane resident, stated the recycling facility encouraged loitering and attracted homeless people. She addressed the current situation and wanted the recycling center moved. Amy Peters, Costa Mesa resident, spoke of numerous issues with the recycling center and encouraged the Commission to revoke the conditional use permit. DeAnne Hemmens, Costa Mesa resident, stated she stopped sending complaints since the March meeting because she thought the recycling center's move was a done deal. Brian Jackson, addressed concerns raised by the residents and hoped the Commission would let RePlanet stay open until they moved. Doug Sanchez, Regional Manager for RePlanet Recycling, apologized for the negativity resulting from the recycling center and addressed some of the resident's concerns. Commissioner McCarthy apologized to Rural Street residents. His only desire was to revoke the conditional use permit and declare RePlanet a public nuisance. MOTION: Based on the evidence of the record, the Findings set forth in the RePlanet Recycling Evidence Packet PA -87-154 and the testimony provided in the Public Comments, that the Planning Commission hereby make findings that RePlanet Recycling Facility has been operating in violation of the Conditions of Approval in Conditional Use Permit PA -87-154 and as a public nuisance, such that revocation of the Conditional Use Permit is justified and revoke the Conditional Use Permit. Moved by Commissioner McCarthy, seconded by Commissioner Mathews. RESOLUTION NO. 14-44 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA REVOKING CONDITIONAL USE PERMIT PA -87-154 FOR REPLANET RECYCLING FACILITY TO OPERATE AT 2180 NEWPORT BLVD. The original motion carried by the following roll call vote: Ayes: Fitzpatrick, McCarthy, Mathews, Sesler Noes: None Absent: Dickson Abstained: None The Chair explained the appeal process. -63- �g'�N 1U1FS_- PLANNING .� .COMMISSION i�'�' cm'�r rnr aims / apt 'I . 11: •.. • .:- • �J :y _ ......... - ha; 631; r- 1 14 ITEM NUMBER: pq �C�RplTRRiED �9'' SUBJECT: PLANNING APPLICATION PA -87-154; REVIEW OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT ALLOWING REPLANET RECYCLING FACILITY TO OPERATE AT 2180 NEWPORT BOULEVARD DATE: SEPTEMBER 11, 2014 FROM: PLANNING DEPARTMENTIDEVELOPMENT SERVICES DIVISION PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov DESCRIPTION Review Conditional Use Permit PA -87-154 to determine the following: Determine whether the neighborhood recycling facility currently operated by RePlanet has operated in violation of Conditional Use Permit PA -87-154 and/or as a public nuisance such that revocation of the Conditional Use Permit is appropriate; or, in lieu of revocation, impose additional conditions. RECOMMENDATION Recommend that the Planning Commission direct staff to prepare a resolution consistent with its findings as follows: Make findings that RePlanet recycling facility has been operated in violation of the conditions of approval in Conditional Use Permit PA -87-154 and/or as a public nuisance, such that revocation of the CUP is justified; and revoke, or in lieu of revocation, amend the conditions of the CUP; or ® Conclude that there are insufficient findings that RePlanet recycling facility has been operated in violation of the conditions of approval of Conditional Use Permit PA -87-154 or as a public nuisance. The existing conditions of approval regulating the use would remain as originally approved. I1� BACKGROUND On September 14, 1987, the Costa Mesa Planning Commission approved Planning Application PA -87-154 that authorized the establishment of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd for a period of six months, with an approved subsequent extension on September 12, 1988, subject to two-year reviews for the purpose of ensuring continued compliance with applicable conditions of approval. On July 9, 2012, the two-year review of PA -87-154 was referred to the Planning Commission for review to address concerns raised by abutting neighbors related to noise, litter and loitering problems. The Planning Commission granted an extension to September, 2013. RePlanet, which took over operation of the facility in early 2013, requested a continuance at the September 9, 2013 Planning Commission meeting until November 12, 2013 to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and Planning Commissioners to address concerns regarding the operation of the facility. At the November 12, 2013 Planning Commission meeting, the Commission granted a six- month extension to March 10, 2014 to give RePlanet time to implement the conditions of approval, including moving the recycling vestibule further away from residential properties, the installation of a new vestibule with reverse vending capabilities, to continue to work with Stater Bros. on the installation of permanent landscaping, and to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and Planning Commissioners to address concerns regarding the operation of the facility. The applicant also proposed interim landscaping in the form of planter boxes to screen the facility from Newport Boulevard. A copy of the updated conditions of approval adopted by the Commission at the November 12, 2013 meeting is provided in the evidence packet under Tab 7. At the March 10, 2014 Planning Commission meeting, staff was directed to: (1) investigate and prepare evidence supporting revocation of RePlanet's conditional use permit; and (2) discuss with RePlanet options to relocate the facility from their current location. On July 15, 2014, City staff held a meeting with RePlanet to discuss potential relocation sites for its business, however, as of September 8, 2014, RePlanet has neither submitted a new conditional use permit application to relocate their facility to another property nor has fully complied with the conditions of PA -87-154, which include a number of operational requirements. ANALYSIS Staff contends that several grounds exist to revoke or amend the CUP: 1. RePlanet has operated in violation of condition of operation 5, to wit, RePlanet has not conducted its operations in a manner that will allow the ._ ( 57_ quiet enjoyment of the surrounding neighborhood by replacing its recycle bins late at night and during the early morning hours; and 2. RePlanet has operated in violation of condition of operation 8(a), to wit, by not preventing loitering at its recycling facility; and 3. RePlanet has operated in violation of condition of operation 8(g), to wit, by not preventing bagged trash from being kept outside the facility; and 4. RePlanet has operated in violation of condition of operation 10, to wit, by picking up and dropping off recycling trailers before 9:00 am and after 6:00 pm; and 6. RePlanet has operated in violation of condition of operation 18, to wit, by not adequately patrolling the area to prevent loitering; and 6. RePlanet has operated in violation of condition of operation 19, to wit, by not preventing securing the premises with appropriate security lighting and employee scrutiny of adjacent areas to prevent trash, graffiti and littering; and 7. RePlanet has operated in violation of condition of operation 20, to wit, by not maintaining its facility and all areas under its control free of litter and graffiti; and 8. RePlanet has operated in violation of condition of operation 29, to wit, by not installing a modern vestibule as shown on the conceptually approved plans; and 9. RePlanet has operated in violation of condition of operation 30, to wit, by not working with staff to the fullest extent possible to incorporate new landscaping in the parking lot. A more detailed description of the above items follows. RePlanet routinely replaces its recycling bins late and night and during early g enioyment of mornin_g hours prevent�n_q ner hborrn residents from the, ,quiet__ their neighborhood. Condition of approval number 6 stipulates that: "The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement. " Condition of approval number 10 stipulates that: "Hours for the pick-up and drop-off of the recycling trailers shall not occur before 9:00 am or after 5:00 gm, Tuesday through Saturday only." Neighboring residents regularly report that RePlanet's recycling bins are replaced late at night and during early morning hours: • On December 10, 2013 at 6:00 a.m., RePlanet's recycling bins were exchanged by a large, loud truck. This violation was witnessed by Christy Turley, resident at 2183 Rural Lane, Costa Mesa and Deanne Hemmens, resident at 2177 Rural Lane, Costa Mesa. • On February 26, 2014 at 4:50 a.m., RePlanet's recycling bins were again exchanged by a large, loud truck. This violation was witnessed by Deanne Hemmens. • On March 30, 2014 at 2:30 a.m., RePlanet's recycling bins were again exchanged by a large, loud truck. This violation was witnessed by Deanne Hemmens. • On May 24, 2014 at 7:15 a.m., RePlanet's recycling bins were again exchanged by a large, loud truck. This violation was witnessed by Christy and Tyler Turley, residents at 2183 Rural Lane, Costa Mesa. • On May 31, 2014 at 10:25 p.m., RePlanet's recycling bins were again exchanged by a large, loud truck. This violation was witnessed by Deanne Hemmens. RePlanet consistently fails to prevent loitering around its facility. Condition of approval number 8(a) stipulates that: "Attendants shall enforce no shopping carts, no loitering, and ensure all customers follow the rules. Attendants shall refuse service to anyone who disobeys." Condition of approval number 18 stipulates that: "The business operator shall adequately patrol the area over which he/she has control in an effort to prevent the loitering of persons about the premises during business hours." Neighboring residents regularly report that RePlanet fails to prevent loitering at its facility: • On December 10, 2013, RePlanet failed to prevent three individuals from loitering around its facility. One of these individuals approached neighboring resident Tyler Turley and asked if he had any drugs for sale. This violation was observed by Tyler Turley, resident at 2183 Rural Lane, Costa Mesa. ® On January 29, 2014, RePlanet again failed to prevent loitering around its facility, as at least two individuals (transients) were observed loitering at the facility and interacting with RePlanet employees. This violation was observed by Deanne Hemmens, 2177 Rural Lane, Costa Mesa. • On February 5, 2014, RePlanet again failed to prevent loitering around its facility, as transients were observed loitering at the facility. This violation was observed by Deanne Hemmens. ® On February 20, 2014, RePlanet again failed to prevent loitering around its facility as transients were observed loitering at the facility. This violation was observed by Deanne Hemmens. RePlanet has allowed trash to remain outside its facility. Condition of approval number 8(g) stipulates: "Any bagged product or trash shall not be kept outside of the facility." Condition of approval number 19 stipulates: "The business operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which he/she has control, to prevent trash, graffiti and littering." Condition of approval number 20 stipulates: "The business operator shall maintain free of litter and graffiti all areas of the premises under his/her has control." On February 8, 2014, RePlanet allowed stacks of cans to remain outside its facility as witnessed by Deanne Hemmens. RePlanet has failed to install a modern vestibule and required landscaping. Condition of approval number 29 stipulates: "The operator shall install the modern vestibule as shown on the conceptually approved plans." Condition of approval number 30 stipulates: "To the fullest extent possible, the applicant shall continue to work with staff to incorporate new landscaping in the parking lot. A landscape planter consisting of ground cover, irrigation, and a minimum of two trees shall be installed to the satisfaction of the Development Services Director. Alternatives to the landscape planter that would achieve a similar effect to beautify or screen the recycling facility may be approved by the Development Services Director." As of September 5, 2014, neither the vestibule nor parking lot landscaping has been installed at RePlanet's recycling facility. Condition of approval number 31 stipulates: "The applicant shall provide planter boxes with appropriate landscape materials as shown on the approved plans." As of September 5, 2014, no planter boxes with appropriate landscape materials were observed in violation of condition of approval number 31. Public nuisance. Additionally, Section 13-29(o)(1)(a) provides that the Planning Commission may require the modification or revocation of a conditional use permit when the use is being operated as a public nuisance, as defined in Civil Code Section 3479 and 3480. A nuisance is "[a]nything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property ...." A public nuisance "is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal." Civ. Code §§ 3479, 3480. Conditions such as loud, late night recycle -bin replacement, excessive loitering and trash storage constitute public nuisances, as they are the type of conditions that are likely to affect a considerable number of persons. In addition, RePlanet's operation in violation of the conditions of approval listed above also violate CMMC 20-12(ii) that declares any use in violation of conditions of approval a public nuisance. PUBLIC NOTICE Code -required public notice was provided via the following methods: 1. Publication of a display ad in the local newspaper (Daily Pilot). 2. Notice of the public hearing was mailed to the property owner and was posted at the site. ENVIRONMENTAL DETERMINATION The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been — (C-cl — found to be exempt from CEQA under Section 15321 for Enforcement Actions by Regulatory Agencies. LEGAL REVIEW The City Attorney has reviewed this report and its attachments and has been approved as to the form by the City Attorney's Office. ALTERNATIVES The Planning Commission may take the following actions: • Make findings that RePlanet has been operated in violation of the conditions of approval in Conditional Use Permit PA -87-154 and/or as a public nuisance, such that revocation of the CUP is justified; and revoke, or in lieu of revocation, amend the conditions of the CUP; or ® Conclude that there are insufficient findings that RePlanet has been operated in violation of the conditions of approval of Conditional Use Permit PA -87-154 or as a public nuisance. The existing conditions of approval regulating RePlanet would remain as originally approved. CONCLUSION In sum, the following grounds for revocation are being presented to the Planning Commission: ® RePlanet has consistently operated in violation of condition of operation numbers 5 and 10 by replacing its recycle bins late at night and during the early morning hours on at least 5 separate occasions. ® RePlanet has consistently operated in violation of condition of operation numbers 8(a) and 18 by allowing loitering at its facility on at least 4 separate occasions. ® RePlanet stored trash outside its facility in violation of condition of operation numbers 8(g), 19 and 20, and failed to install the required vestibule and landscaping in violation of condition of operation numbers 29 and 30. ® RePlanet failed to provide planter boxes with appropriate landscape materials in violation of condition of operation number 31. ® 9o.— AZ4 MEL LEE, AICP Senior Planner 1 CAI E FLYNN, N, AICP Assistant Director of Development Services Attachments: 1. Draft resolutions revoking or amending PA -87-154 2. Evidence Packet (Under Separate Cover) Distribution: Director of Economic & Development Services/Deputy CEO Assistant Development Services Director Senior Deputy City Attorney Public Services Director City Engineer Transportation Services Manager Fire Protection Analyst Staff (6) File (2) RePlanet, LLC c/o Brian Jackson 491 Kettering Drive, Ontario, CA 91761 RePlanet, LLC c/o Doug Sanchez 491 Kettering Drive, Ontario, CA 91761 Costa Mesa Grocery Investors. LLC 11456 Olive Boulevard, Suite 210 Saint Louis, MO 63141 Stater Bros. Markets c/o Mark Avalos, Grocery Supervisor - Retail 301 S. Tippecanoe Avenue San Bernardino, CA 92408 Stater Bros. Markets c/o Karen Molina -Stahl, Property Manager 301 S. Tippecanoe Avenue San Bernardino, CA 92408 Stater Bros. Markets c/o Bill Wall, Store Manager 2180 Newport Boulevard Costa Mesa, CA 92627 DeAnne Hemmens 2177 Rural Lane Costa Mesa, CA 92627 Christy Turley 2183 Rural Lane Costa Mesa, CA 92627 -92- ■ F,J wm RESOLUTION NO. PC -14- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA REVOKING CONDITIONAL USE PERMIT PA -87154 FOR REPLANET RECYCLING FACILITY TO OPERATE AT 2180 NEWPORT BLVD WHEREAS, on September 14, 1987, the Costa Mesa Planning Commission approved Planning Application PA -87-154 that authorized the establishment of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd; and WHEREAS, the approval of Planning Application PA -87154 authorized the operation of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd for a period of six months, with an approved subsequent extension on September 12, 1988, subject to two-year reviews for the purpose of ensuring continued compliance with applicable conditions of approval; and WHEREAS, on July 9, 2012, the two-year review of PA -87-154 was referred to the Planning Commission for review to address concerns raised by abutting neighbors related to noise, litter and loitering problems. The Planning Commission granted an extension to September, 2013; and WHEREAS, RePlanet took over operation of the facility in early 2013. At the September 9, 2013 Planning Commission meeting, RePlanet requested a continuance to November 12, 2013 to allow for additional time to work with the neighboring residents, Stater Bros., city staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the November 12, 2013 Planning Commission Meeting, the Commission granted a six-month extension to March 10, 2014 to give RePlanet time to implement the conditions of approval, including relocation of the recycling vestibule, the installation of a new vestibule with reverse vending capabilities, and to continue to work with Stater Bros. on the installation of permanent landscaping; and to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the March 10, 2014 Planning Commission meeting, staff was directed to (1) investigate and prepare evidence supporting revocation of RePlanet's conditional use permit, and (2) discuss with RePlanet other options for their business location; and WHEREAS, on July 15, 2014, City staff held a meeting with RePlanet to discuss potential relocation sites for its business; and WHEREAS, on September 22, 2014, a duly noticed public hearing on the revocation of PA -87-154 was held before the Planning Commission, which included a staff report, presentation of evidence by staff wherein the applicant and applicant's counsel were allowed to cross-examine members of the City staff and provide oral arguments to the Planning Commission. In addition, public comments both in favor of and opposed to revocation were received by the Planning Commission; and WHEREAS, based upon its review and due consideration of all materials presented to it, the Planning Commission makes the following findings regarding the revocation of PA -87-154. NOW THEREFORE, the Planning Commission of the City of Costa Mesa finds and resolves as follows: A. The Costa Mesa Development Services Department has identified the following Conditions of Approval that have been violated by RePlanet during the period from December 2013 through September 2014, inclusive: o Condition of approval number 5 provides that "The business shall be conducted at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement." o Condition of approval number 8(a) provides that the "attendants shall enforce no shopping carts, no loitering, and ensure all customers follow the rules. Attendants shall refuse service to anyone who disobeys." o Condition of approval number 8(g) provides that "any bagged product or trash shall not be kept outside of the facility." o Condition of approval number 10 provides that "Hours for the pick-up and drop-off of the recycling trailers shall not occur before 9:00 am or after 5:00 pm, Tuesday through Saturday only." o Condition of approval number 18 provides that "the business operator shall adequately patrol the area over which he/she has control in an effort to prevent the loitering of persons about the premises during business hours." o Condition of approval number 19 provides that "the business operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which he/she has control to prevent trash, graffiti and littering. o Condition of approval number 20 provides that "the business operator shall maintain free of litter and graffiti all areas of the premises under his/her control." o Condition of approval number 29 provides that "the operator shall install the modern vestibule as shown on the conceptually approved plans." o Condition of approval number 30 provides that "to the fullest extent possible, the applicant shall continue to work with staff to incorporate new landscaping in the parking lot. A landscape planter consisting of ground cover, irrigation, and a minimum of two trees shall be installed to the satisfaction of the Development Services Director. Alternatives to the landscape planter that would achieve a similar effect to beautify or screen the recycling facility may be approved by the Development Services Director." o Condition of approval number 31 provides that "the applicant shall provide planter boxes with appropriate landscape materials as shown on the approved plans." B. RePlanet has operated in violation of these conditions, to wit: 1. On December 10, 2013, RePlanet removed its recycling bins and replaced them with empty ones at 6:00 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Christy Turley, 2183 Rural Lane, Costa Mesa and Deanne Hemmens, 2177 Rural Lane, Costa Mesa. 2. Also on December 10, 2013, RePlanet failed to prevent three individuals from loitering around its facility in violation of conditions of approval number 8(a) and number 18. One of them approached neighboring resident Tyler Turley and asked if he had any drugs for sale. These violations were observed by Tyler Turley, 2183 Rural Lane, Costa Mesa. 3. On January 29, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 4. On February 5, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 5. On February 8, 2014, RePlanet allowed stacks of cans outside its facility in violation of conditions of approval number 8(b), number 19 and number 20. These violations were observed by Deanne Hemmens. 6. On February 20, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 7. On February 26, 2014, RePlanet again removed and replaced its recycling bins at 4:50 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 8. On March 30, 2014, RePlanet again removed and replaced its 'recycling bins at 2:30 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 9. On May 24, 2014, RePlanet again removed and replaced its recycling bins at 7:15 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Christy and Tyler Turley. 10. On May 31, 2014, RePlanet again removed and replaced its recycling bins at 10:25 p.m, using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 11. As of September 5, 2014, no vestibule or landscaping has been installed at RePlanet's facility in violation of conditions of approval number 29 and number 30. 12. As of September 5, 2014, no planter boxes with appropriate landscape materials were installed in violation of condition of approval number 31. C. The property has been operated as a public nuisance, pursuant to Section 13- 29 of the Costa Mesa Municipal Code and Sections 3479 and 3480 of the Civil Code. Namely, the following conditions are found to be injurious to health, indecent or offensive to the senses, or constitute obstructions to the free use of property, so as to interfere with the comfortable enjoyment of life or property: a. Consistent late night and early morning trailer removal and replacement adjacent to a residential neighborhood. b. Storage of trash in plain sight. C. Enabling the site to become a popular loitering spot for the homeless and drug users. D. Under the totality of the circumstances above, there is substantial evidence that RePlanet has been operated by its management in disregard for the health, safety and general welfare of the neighborhood, its patrons and the people of the City of Costa Mesa, as well as in violation of law. E. The current and past operation of RePlanet constitutes a public nuisance and is detrimental to the public health or safety so as to constitute a public nuisance. F. This revocation hearing of Conditional Use Permit PA -87-154 is deemed Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Class 21), Enforcement Actions of Regulatory Agencies. G. Chapter IX, Article 12, Transportation Demand Management, of Title 13 of the Costa Mesa Municipal Code does not apply to this revocation hearing. The Secretary of the Commission shall attest to the adoption of this resolution and shall forward a copy to the applicant, and any person requesting the same. BE IT RESOLVED, therefore, that based on the evidence in the record and the findings contained in this resolution, the Planning Commission hereby revokes Conditional Use Permit PA -87-154 with respect to the property described above. REVOCATION OF CONDITIONAL APPROVED at the Planning Commission following vote: USE PERMIT PA -87-154 PASSED AND meeting of September 22, 2014, by the PASSED AND ADOPTED this 22nd day of September, 2014. JIM FITZPATRICK, Chair, Costa Mesa Planning Commission 01 1 STATE OF CALIFORNIA ) }ss COUNTY OF ORANGE ) I, Claire Flynn, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on September 22, 2014, by the following votes: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS Secretary, Costa Mesa Planning Commission �M RESOLUTION NO. PC -14- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA IMPOSING ADDITIONAL CONDITIONS ON, IN LIEU OF REVOKING, CONDITIONAL USE PERMIT PA -87-154 FOR REPLANET RECYCLING FACILITY TO OPERATE AT 2180 NEWPORT BLVD WHEREAS, on September 14, 1987, the Costa Mesa Planning Commission approved Planning Application PA -87-154 that authorized the establishment of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd; and WHEREAS, the approval of Planning Application PA -87-154 authorized the operation of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd for a period of six months, with an approved subsequent extension on September 12, 1988, subject to two-year reviews for the purpose of ensuring continued compliance with applicable conditions of approval; and WHEREAS, on July 9, 2012, the two-year review of PA -87-154 was referred to the Planning Commission for review to address concerns raised by abutting neighbors related to noise, litter and loitering problems. The Planning Commission granted an extension to September, 2013; and WHEREAS, RePlanet took over operation of the facility in early 2013. At the September 9, 2013 Planning Commission meeting, RePlanet requested a continuance to November 12, 2013 to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the November 12, 2013 Planning Commission Meeting, the Commission granted a six-month extension to March 10, 2014 to give RePlanet time to implement the conditions of approval, including relocation of the recycling vestibule, the installation of a new vestibule with reverse vending capabilities, and to continue to work with Stater Bros. on the installation of permanent landscaping; and to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the March 10, 2014 Planning Commission meeting, staff was directed to (1) investigate and prepare evidence supporting revocation of RePlanet's conditional use permit, and (2) discuss with RePlanet other options for their business location; and WHEREAS, on July 15, 2014, City staff held a meeting with RePlanet to discuss potential relocation sites for its business; and WHEREAS, on September 22, 2014, a duly noticed public hearing on the revocation of CUP PA -87-154 was held before the Planning Commission, which included a staff report, presentation of evidence by staff wherein the applicant and applicant's counsel were allowed to cross-examine members of the City staff and provide oral arguments to the Planning Commission. In addition, public comments both in favor of and opposed to revocation were received by the Planning Commission; and WHEREAS, based upon its review and due consideration of all materials presented to it, the Planning Commission makes the following findings regarding the revocation of PA -87-154. NOW THEREFORE, the Planning Commission of the City of Costa Mesa finds and resolves as follows: C. The Costa Mesa Development Services Department has identified the following Conditions of Approval that have been violated by RePlanet during the period from December 2013 through September 2014, inclusive: o Condition of approval number 5 provides that "The business shall be conducted at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement." o Condition of approval number 8(a) provides that the "attendants shall enforce no shopping carts, no loitering, and ensure all customers follow the rules. Attendants shall refuse service to anyone who disobeys." o Condition of approval number 8(g) provides that "any bagged product or trash shall not be kept outside of the facility." o Condition of approval number 10 provides that "Hours for the pick-up and drop-off of the recycling trailers shall not occur before 9:00 am or after 5:00 pm, Tuesday through Saturday only." o Condition of approval number 18 provides that "the business operator shall adequately patrol the area over which he/she has control in an effort to prevent the loitering of persons about the premises during business hours." o Condition of approval number 19 provides that "the business operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which he/she has control to prevent trash, graffiti and littering. a Condition of approval number 20 provides that "the business operator shall maintain free of litter and graffiti all areas of the premises under his/her control." a Condition of approval number 29 provides that "the operator shall install the modern vestibule as shown on the conceptually approved plans." o Condition of approval number 30 provides that "to the fullest extent possible, the applicant shall continue to work with staff to incorporate new landscaping in the parking lot. A landscape planter consisting of ground cover, irrigation, and a minimum of two trees shall be installed to the satisfaction of the Development Services Director. Alternatives to the landscape planter that would achieve a similar effect to beautify or screen the recycling facility may be approved by the Development Services Director." o Condition of approval number 31 provides that "the applicant shall provide planter boxes with appropriate landscape materials as shown on the approved plans." D. RePlanet has operated in violation of these conditions, to wit: On December 10, 2013, RePlanet removed its recycling bins and replaced them with empty ones at 6:00 a.m using a large truck, in violation of conditions of approval number 5 and number 10. This violation was observed by Christy Turley, 2183 Rural Lane, Costa Mesa and Deanne Hemmens, 2177 Rural Lane, Costa Mesa. 2. Also on December 10, 2013, RePlanet failed to prevent three individuals from loitering around its facility in violation of conditions of approval number 8(a) and number 18. One of them approached neighboring resident Tyler Turley and asked if he had any drugs for sale. This violation was observed by Tyler Turley, 2183 Rural Lane, Costa Mesa. 3. On January 29, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. This violation was observed by Deanne Hemmens. 4. On February 5, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 5. On February 8, 2014, RePlanet allowed stacks of cans outside its facility in violation of conditions of approval number 8(b), number 19 and number 20. These violations were observed by Deanne Hemmens. 6. On February 20, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 7. On February 26, 2014, RePlanet again removed and replaced its recycling bins at 4:50 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 8. On March 30, 2014, RePlanet again removed and replaced its recycling bins at 2:30 a.m, using a large truck, in violation of conditions of approval number 5 and number 10. This violation was observed by Deanne Hemmens. 9. On May 24, 2014, RePlanet again removed and replaced its recycling bins at 7:15 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. This violation was observed by Christy and Tyler Turley. 10. On May 31, 2014, RePlanet again removed and replaced its recycling bins at 10:25 p.m. using a large truck, in violation of conditions of approval number 5 and number 10. This violation was observed by Deanne Hemmens. 11.As of September 5, 2014, no vestibule or landscaping has been installed at RePlanet`s facility in violation of conditions of approval number 29 and number 30. 12.As of September 5, 2014, no planter boxes with appropriate landscape materials were installed in violation of condition of approval number 31. C. The property has been operated as a public nuisance, pursuant to Section 13-29 of the Costa Mesa Municipal Code and Sections 3479 and 3480 of the Civil Code. Namely, the following conditions are found to be injurious to health, indecent or offensive to the senses, or constitute obstructions to the free use of property, so as to interfere with the comfortable enjoyment of life or property: a. Consistent late night and early morning trailer removal and replacement adjacent to a residential neighborhood. b. Storage of trash in plain sight. C. Enabling the site to become a popular loitering spot for the homeless and drug users. H. Under the totality of the circumstances above, there is substantial evidence that RePlanet has been operated by its management in disregard for the health, safety and general welfare of the neighborhood, its patrons and the people of the City of Costa Mesa, as well as in violation of law. The current and past operation of RePlanet constitutes a public nuisance and is detrimental to the public health or safety so as to constitute a public nuisance. J. This revocation hearing of Conditional Use Permit PA -87-154 is deemed Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Class 21), Enforcement Actions of Regulatory Agencies. K. Chapter IX, Article 12, Transportation Demand Management, of Title 13 of the Costa Mesa Municipal Code does not apply to this revocation hearing. The Secretary of the Commission shall attest to the adoption of this resolution and shall forward a copy to the applicant, and any person requesting the same. BE IT RESOLVED, therefore, that based on the evidence in the record and the findings contained in this resolution, the Planning Commission also hereby finds that revocation of CUP PA -87-154 for the operation of the RePlanet Recycling Center is justified and hereby resolves to impose additional conditions on PA -87-154 as follows, in lieu of revocation at this time: [List desired additional conditions] PASSED AND ADOPTED this 22nd day of September, 2014. JIM FITZPATRICK, Chair, Costa Mesa Planning Commission STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) I, Claire Flynn, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Costa Mesa Planning, Commission held on September 22, 2014, by the following votes: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS Secretary, Costa Mesa Planning Commission ATTACHMENT 2 EVIDENCE PACKET (UNDER SEPARATE COVER) REPLANET RECYCLING EVIDENCE PACKET PLANNING APPLICATION PA -87-154 JANUARY 20, 2015 CITY COUNCIL MEETING TABLE OF CONTENTS 1. Aerial Photograph 2. Planning Commission Agenda Report Dated October 31, 2013 3. Correspondence from RePlanet dated October 29, 2013 4. Photographs and landscaping plans submitted by RePlanet 5. Photographs of RePlanet taken by Senior Planner Mel Lee 6. D. Hemmens Notes submitted at the November 12, 2013 Planning Commission Meeting 7. CUP Renewal — PA -87-154 8. Planning commission Agenda Report dated February 27, 2014 9. Email from Brian Jackson at RePlanet dated March 6, 2014 10. Photographs taken by neighbors 11. Photographs taken by City Officials 12. Notice of Decision — Planning Commission action dated March 13, 2014 13. Planning Commission Agenda Report dated September 9, 2014 14. Email complaints from neighbors 15. Photograph taken by Senior Planner Mel Lee on July 14, 2014 16. Photographs taken by neighbors 17. Photograph taken by Senior Planner Mel Lee on December 31, 2014 Tab 1 y Tab 2 PLANNING COMM/SS/ON AGENDA REPORT MEETING DATE: NOVEMBER 12, 2013 ITEM NUMBER: PH -2 SUBJECT: REVIEW OF TWO-YEAR EXTENSION FOR PLANNING APPLICATION PA -87-154 CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD RECYCLING FACILITY (REPLANET, FORMERLY EARTHWIZE RECYCLING) 2180 NEWPORT BOULEVARD DATE: OCTOBER 31, 2013 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov PROJECT DESCRIPTION Review of conditional use permit for an existing recycling center (RePlanet, formerly EarthWize Recycling) within the Stater Bros. Market parking lot for possible modifications to the recycling facility including, but not limited to, the following: 1. Modification to the location of the recycling facility within the Stater Bros. parking lot; 2. Changes to the conditions of approval for the operation of the recycling facility; or 3. Possible revocation of the conditional use permit for the recycling facility. APPLICANT The applicant is Permit Advisors, representing RePlanet, LLC, the operator of the recycling facility. The owner of the property is Costa Mesa Grocery Investors, LLC. RECOMMENDATION Approve two-year extension by adoption of Planning Commission resolution, subject to updated conditions of approval. BACKGROUND Project Site/Environs The site is located on the southeast corner of Newport Boulevard and 22nd Street, is zoned C1 (Neighborhood Commercial), and has a General Plan Designation of Commercial Residential. The property contains Stater Bros. Market, the neighborhood recycling facility structure, and surface parking. History On September 14, 1987, Planning Commission approved Conditional Use Permit PA -87- 154 allowing the establishment of a neighborhood recycling facility (originally Reynolds Aluminum) within the parking lot of the Stater Bros. Market. On September 12, 1988, Planning Commission approved a renewal of the permit subject to subsequent two-year reviews by the Department Director to ensure compliance with the conditions of approval. Conditional use permits typically run with the land. As noted earlier, however, a condition of approval required reevaluation of PA -87-154 every two years by the Department Director; as a result, the past reevaluations have been done at staff level. The use permit was allowed to be extended if all conditions of approval have been satisfied, no complaints have been received, and the site inspection reveals compliance with applicable ordinance requirements. The regular two-year review for the extension of PA -87-154 was brought forward to the Planning Commission on July 9, 2012 for consideration by the Planning Commission of the continued operations of this recycling facility and to address the concerns raised by abutting neighbors of the facility related to noise, litter, and loitering problems. At the time of the review, the facility was being operated by EarthWize Recycling. During the meeting, the representative for EarthWize indicated a willingness to modify the day-to-day operations to minimize disruptions to the abutting residential neighbors, to provide site upgrades in terms of a new vestibule structure and landscape planters within the existing parking lot, and provide a state-of-the-art "grey water" collection system. However, because the majority of the requested site upgrades require input and/or approval from the property owner, i.e., Stater Bros. Market, the Commission directed staff to work with EarthWize, Stater Bros. Market, and the residents to address these issues. RePlanet took over operation of the facility in early 2013. Staff met with RePlanet representatives on February 14, 2013 and provided them with the conditions of approval for PA -87-154, and advised them that the CUP would be coming up for review by the Planning Commission in September of this year. The review of the CUP was noticed for the September 9, 2013 Planning Commission meeting; however, the applicant requested a continuance to the November 12, 2013 meeting to allow additional time to work with the neighbors, Stater Bros., staff, and Commissioners to address the operation of the facility. Public hearing notices were re- sent for this meeting. ANALYSIS Exhibit B contains updated conditions of approval for the minor conditional use permit. The new conditions are intended to address the issues that have been raised by the community, staff, and the Commissioners: Relocation of Vestibule/Trailer The applicant proposes to relocate the existing structure closer to Newport Boulevard to further minimize impacts to the residential neighbors. Additionally, after meeting with the neighbors, the applicant implemented the following operational changes outlined in the applicant's letter dated October 29, 2013 (attached) which have also been incorporated as conditions of approval: a. Attendants shall enforce no shopping carts, no loitering, and ensure all customers follow the rules. Attendants shall refuse service to anyone who disobeys. b. Attendants shall communicate with Costa Mesa Police to help with the homeless that may loiter around the area when the facility is closed. c. Attendants shall use a "Refuse Service Tracking Log" to track all misbehaving customers that are refused service. d. Hours of operation shall be 9:00 am to 4:30 pm, Monday, Wednesday, Thursday, Friday, and Saturday only. Employees shall work 8:30 am to 5:00 pm; 8:30 am to 9:00 am; and 4:30 pm to 5:00 pm exclusively for cleaning the site, parking lot and sidewalk areas. e. The facility shall be double staffed during all hours of operation. f. Glass shall not be crushed at the facility. g. Any bagged product or trash shall not be kept outside of the facility. h. Attendants shall place 8 spill buckets at the site. Attendants shall ensure all customers are pouring their liquids into the spill buckets and not on the parking lot. i. Attendants shall pressure wash the site weekly (Tuesdays). j. Zone supervisor and Area Manager shall visit the site twice weekly. They shall check in with the Stater Bros. Store Director and other tenants in the center and review all happenings. Zone Supervisor and Area Manager shall send an email report to Brian Jackson and Doug Sanchez after these visits. Additionally, staff has incorporated a condition (number 9) requiring customers to queue on the westerly (Newport Blvd.) side of the structure only. The remaining conditions of approval remain unchanged from the conditions approved for the prior EarthWize operation. New Landscape Planter along Newport Boulevard The applicant continues to try to work with Stater Bros. to address the long-term site improvements that involve the installation of site landscaping. However, the prior operator (EarthWize) was not able to obtain concurrence from Stater Bros. Market regarding any modifications to increasing the block wall height. A condition of approval requiring permanent landscaping along Newport Boulevard to the satisfaction of the Development Services Director remains with this extension. Box planters will also be placed around the structure to soften its appearance from the street. ENVIRONMENTAL DETERMINATION The review is exempt from the provisions of the California Environmental Quality Act under Section 15301 for Existing Facilities. GENERAL PLAN! CONFORMITY Because the use is required to be operated in compliance with the conditions of approval for PA -87-154, the use is compatible with surrounding properties as specified in Objective LU -1 F.2 of the General Plan Land Use Element. ALTERNATIVES The Commission has the following alternatives: 1. Approve the modifications, subject to the recommended conditions of approval. 2. Revoke the use permit. Staff is not recommending this option based on the willingness of the operator to work with staff and the neighbors to address the issues with this location; as a result, a resolution to revoke is not attached to this report (the resolution would need to be reviewed by the City Attorney's Office and brought back to the next Planning Commission meeting). CONCLUSION RePlanet has concurred with the recommended updates to the conditions of approval to address day-to-day operations and the proposed vestibule structure. The approval period would be valid through September 12, 2015. MEL LEE, AICP GARY AR STR G, AICP Senior Planner Economijd and Development S rvices Director Attachments: 1. Draft Planning Commission Resolution 2. Description Letter 3. Location Map and Photos 4. Plans cc: Director of Economic & Development / Deputy CEO Sr. Deputy City Attorney .- Public Services Director City Engineer Transportation Services Manager Fire Protection Analyst Staff (6) File (2) Permit Advisors Attn: Roy Hasson 8913 W. Olympic Boulevard, Suite 102 Beverly Hills, CA 90211 RePlanet, LLC Attn: Brian Jackson 2611 E. Lindsay Privado Road Ontario, CA 91761 Costa Mesa Grocery Investors. LLC 11456 Olive Boulevard, Suite 210 Saint Louis, MO 63141 Stater Bros. Markets 301 S. Tippecanoe Avenue San Bernardino, CA 92408 DeAnne Hemmens 2177 Rural Lane Costa Mesa, CA 92627 Christy Turley 2183 Rural Lane Costa Mesa, CA 92627 Tab 3 4 r J It Pays to Recycle. Mel Lee, AICP Senior Planner City, of Costa Mesa 77 Fair Drive, Costa Mesa, 92628 Ph. (714) 754-5611 Fax. (714) 754-4856 mel.lee@costamesaca.gov Received City of Costa Mesa Development Services Department OCr292013 Re: Operational changes implemented by rePlanet recycling located at Stater Bros #25, 2180 Newport Blvd, Costa Mesa, CA 92627 as of 9/5/13 The following operations changes were been put into effect immediately following a reach out meeting with representatives of rePlanet LLC and residents of Rural Lane Costa Mesa on Wednesday 4th September 2013. Present at the meeting which took place at 11 am at the home of the Hemmens family were: Deanne Hemmens, 2177 Rural Lane, Costa Mesa, CA 92627 Christy Turley, 2183 Rural Lane, Costa Mesa, CA 92627 Brian Jackson, Business Development Manager, rePlanet LLC Doug Sanchez, Operations Manager, rePlanet LLC Joe Perez, Vice President of Business, rePlanet LLC The objective of the meeting was to listen to the concerns of the residents and examine how changes in rePlanet's operations schedule could reduce or eradicate problems which residents perceived to be being caused by the recycling facility. Recycling Specialists (attendants) Attendants are to enforce no shopping carts and no loitering policies and ensure all customers follow the rules. We will refuse service to anyone who disobeys. Communicate with Costa Mesa PD (contact info below) to help with the homeless that may loiter around the area when we are closed. Are to use the attached "Refuse Service Tracking Log" to track all misbehaving customers we refuse service too. 9910 E.6th 5t., Rancho Cucamonga, CA 91730 wwtw.rePLANET.com Telephone: 951.520,1700 Hours of Operation • Will change to 9:00am - 4:30pm - Mon, Weds, Thurs, Fri, Sat. • Employees will work 8:30am - 5:00pm. 8:30am-9:00am • 4:30pm-5:00pm is exclusively for cleaning the site area, parking lot and sidewalk area. Additional Changes • Double staff the site all Hours of Operation. • DO NOT crush glass: • DO NOT place any bagged product or trash outside of housing unit. • Place 8 spill buckets at site - ensure ALL customers are pouring their liquids into the spill buckets and not on the parking lot, Site is pressure washed weekly (Tuesdays). Site monitoring • Zone Supervisor and Area Manager Will visit the site twice weekly ... they will check in with Stater Bros store director, other tenants in the center and review all happenings. • Zone Supervisor and Area Manger will send email report to Brian Jackson, Doug Sanchez after these visits. Relocation • rePlanet has asked the city relocate the facility to the parking bays under the Stater Bros sign nearer to Newport Blvd which allow the noise to be absorbed by Newport Blvd. traffic • rePlanet has proposed screening the recycling center from Newport Blvd with planters. Yours Sincerely, Brian Jackson Business Development Manager rePlanet I.LC Tel: (851)515-2705 Email: brian. j ackson@replanet. com Tab 4 m 40 Aimm V rp Or r. A LL w 5 Z 0 rA LL. 0 0 F- 0 :c CL W61W ib. AF m 40 Aimm V rp Or r. A LL w 5 Z 0 rA LL. 0 0 F- 0 :c CL A 1` z 0 a 0 J 0 LL z Q J a LU 0 H- LU LL. 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CLOSE it!!!! SB pays fine $100 day like Trader joes, Mothers, Walmart etc. .YL 2. CLOSE IT SB takes recycle in store. Ct-aj or 3. MOVE it within the conviencene zone .... and yes that is allowed -Church parking, Dollar store ETC_.away from homes and still compliant... see attachement. • 3 O f L$55 4. SB files for an Excepition in accordance with PRC 14571.8...... EASE OF F ACCESS IS no Longer here for _ Customers. see attachme_Rt. for ing to fix things and work with neighbors... TRASH, Hours of OPeration, ETC. Thank you to replant _ Problem bigger than the no and the trash.... Vim% 1, TRAFFIC leg with bags and boxes and bins full of cans and bottles. People, cars, bikes, parkin - P pictures... Trucks from REplantet blocking 22nd street a merging busy street. see Trucks from SB in and out that same exit and trash truck in and out there.. UNSAFE! Too Many people lined up and walking around and just waking up its VER Customers of rep Janet, customers of SB, cars trying to get by on 22nd street.-its a BIG MESS!!!!! les across the parking lot in front of trucks and cars..and how ugly does it look �e± People drag their recyc cones and bags of trash.-its bac mets n "le e with lots of bright"Dins and orangef�ontw;t ey 1 efirsside�1" SB does;- LUWP �- +� p } l auldn't bother tli a 5' f 1111 v r alL� V� ` s aind lace...they meet at 3 am and line up along our wall waiting and drinking and 2. HOMELESS meeting P ictures. sleeping untill 9 when center opens..see p ? 3. smell of defecation... bles .................. �afraid to walk over to the store with all the undesira no longer a nice neighborhood store...) a rn hanging around... its smells and its dirty less than moving it is not acceptable..it has outgrown this location good location..anything P planters will encourage NO longer a g congested parking lot... putting near residences and in such a small and very to "beautify" an ugly camping out there and provide a perfect place to urine ... its not the solution TUMOR!!! MUST move away to commercial site!!!! Tab 7 RESOLUTION NO. PC -13-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING THE RENEWAL OF PLANNING APPLICATION PA -87-154 FOR A NEIGHBORHOOD RECYCLING CENTER VALID THROUGH MARCH 10, 2014 THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, Planning Application PA -87-154 was approved by the Planning Commission on September 14, 1987 for a neighborhood recycling center on real property located at 2180 Newport Boulevard for a period of six months, with an approved subsequent extension on September 12, 1988, subject to periodic (two-year) reviews to ensure continued compliance with applicable conditions of approval and code requirements and if no complaints are received during that time, WHEREAS, on July 9, 2012, the two-year review of Planning Application PA -87- 154 was referred to the Planning Commission for review, which granted an extension to September of 2013; WHEREAS, on September 12, 2013, a duly noticed public hearing was held by the Planning Commission, and continued to November 12, 2013; BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to updated conditions of approval contained in Exhibit B, the Planning Commission hereby APPROVES Planning Application PA -87- 154 valid to March 10, 2014 for an existing neighborhood recycling center for within the existing Stater Bros. Market parking lot. The conditions of approval (Exhibit B) shall supersede and replace the original conditions of approval for PA -87-154 dated September 14, 1987. BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff reports for Planning Application PA -87-154 and upon applicant's compliance with each and all of the conditions contained in Exhibit B as well as with compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. PASSED AND ADOPTED this 12th day of Ngyember, 2013. Fi patrick, Chair LwMesa Planning Commission STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) I, Claire Flynn, secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution (No. 13-30) was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on November 12, 2013, by the following votes: AYES: Fitzpatrick, Dickson, Mathews, Sesler NOES: McCarthy ABSENT: None ABSTAIN: None Claire F ynn, tecretary Costa Mesa Planning Commission EXHIBIT A FINDINGS A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: 1. The use, as modified and conditioned, is compatible and harmonious with uses on surrounding properties. 2. Safety and compatibility of the design of the parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. 3. The use, as modified and conditioned, is consistent with the General Plan. 4. The planning application is for a project -specific case and does not establish a precedent for future development. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) because: a. The use, as modified and conditioned, is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. Specifically, conditional use permits typically run with the land. In this case however, a condition of approval indicates that the use permit is subject to reevaluation every two years, and that the use permit may be extended for another two years if all conditions of approval have been satisfied, no complaints have been received, and the site inspection reveals compliance with applicable ordinance requirements. In this case, staff has worked with the applicant to update the facility with the following proposed improvements: • The applicant proposes to relocate the existing structure closer to Newport Boulevard to further minimize impacts to the residential neighbors. • Additionally, after meeting with the neighbors, the applicant implemented operational changes outlined in the applicant's letter dated October 29, 2013 which have also been incorporated as conditions of approval. b. Granting the conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. C. Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. C. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines; and the City environmental procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Facilities. D. The project is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. CONDITIONS OF APPROVAL Ping. 1. The below conditions of approval shall supersede and replace the original conditions of approval for PA -87-154 dated September 14, 1987. 2. The use shall be limited to the type of operation as described in the staff report. Any change in the operational characteristics including, but not limited to, the hours of operation and additional services provided, shall require review by the Planning Division and may require an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The applicant is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(o)]. 3. The application shall be brought back to the Planning Commission no later than March 10, 2014 for review, modification, and/or revocation. The Development Services Director or his/her designee may extend the Planning Application for subsequent one year periods if all conditions of approval have been satisfied, no complaints have been received, and the site inspection reveals compliance with applicable ordinance requirements. 4. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 5. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement. 6. The structure shall be located as shown on the plans submitted with the staff report. The structure shall be relocated no later than 60 days from the effective date of this resolution. 7. The structure shall be manned during business hours. 8. The facility shall be operated per the applicant's letter dated October 29, 2013, including, but not limited to, the following: a. Attendants shall enforce no shopping carts, no loitering, and ensure all customers follow the rules. Attendants shall refuse service to anyone who disobeys. b. Attendants shall communicate with Costa Mesa Police to help with the homeless that may loiter around the area when the facility is closed. c. Attendants shall use a "Refuse Service Tracking Log" to track all mis- behaving customers that are refused service. d. Hours of operation shall be 9:00 am to 4:30 pm, Monday, Wednesday, Thursday, Friday, and Saturday only. Employees shall work 8:30 am to 5:00 pm; 8:30 am to 9:00 am; and 4:30 pm to 5:00 pm is exclusively for cleaning the site area, parking lot and sidewalk area. e. The facility shall be double staffed during all hours of operation. f. Glass shall not be crushed at the facility. g. Any bagged product or trash shall not be kept outside of the facility. In. Attendants shall place 8 spill buckets at site. Attendants shall ensure all customers are pouring their liquids into the spill buckets and not on the parking lot. i. Attendants shall pressure wash the site weekly (Tuesdays). j. Zone supervisor and Area Manager shall visit the site twice weekly. They shall check in with the Stater Bros. Store Director and other tenants in the center and review all happenings. Zone supervisor and Area Manager shall send an email report to Brian Jackson, Doug Sanchez after these visits. 9. Customers shall queue on the westerly (Newport Blvd.) side of the structure only. Transfer of recyclable materials to containers shall also occur in this area only. 10. Hours for the pick-up and drop-off of the recycling trailers shall not occur before 9:00 am or after 5:00 pm, Tuesday through Saturday only. 11. The operator shall contact the Planning Division to arrange a Planning inspection of the facility prior to occupancy. This inspection is to confirm that the Planning Division conditions of approval and code requirements have been satisfied. 12. The facility shall be limited to one structure recycling structure with a covered vestibule area in which the weighing of recyclables shall occur. Customers may line-up outside the west side of the vestibule only. 13. The use shall be limited to the type of operation described in this staff report. i.e., a recycling and collection center for aluminum cans, plastic and glass bottles in a single recycling structure. Any change in the operational characteristics including, but not limited to, hours or days of operation or an additional trailer, etc., shall require City approval of an amendment to the conditional use permit. 14. No compacting, flattening, grinding, crushing, and/or glass breaking activities shall occur outside the structure. 15. Any change in the approved area of business operations shall require City approval of an amendment to the conditional use permit. 16. The structure trailer shall be neutral in color. It shall be maintained so that it is free of dents, peeling and scratched paint, and a deteriorated appearance. 17. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance, subject to approval by the Planning Division. Signs shall be limited to the structure recycling vestibule and shall be non -illuminated. Painted signs shall be prohibited. 18. The business operator shall adequately patrol the area over which he/she has control in an effort to prevent the loitering of persons about the premises during business hours. 19. The business operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which he/she has control, to prevent trash, graffiti and littering. 20. The business operator shall maintain free of litter and graffiti all areas of the premises under his/her has control. 21. The recycling trailer shall be properly maintained and shall be housed within the recycling vestibule except when being removed from the property. It shall be maintained so that it does not overflow, and it shall be placed inside the vestibule or trailer when the facility is closed. 22. Business operator shall design the area to prevent runoff of spilled liquids. 23. Business operator shall clean loading, unloading and storage areas regularly to remove potential sources of pollutants. All cleaning water shall be captured and disposed into a sanitary sewer. 24. New employees shall be trained on discharge prohibitions and wastewater discharge requirements prior to start of employment and annually thereafter. Written record of training must be available upon request. 25. Business operator shall ensure that there are no residual liquids from CRV containers prior to placing them in transferring and weighing areas. 26. Business operator shall regularly inspect equipment used on site to ensure there are no leaks from vehicles or compaction equipment. Any vehicles or equipment leaking fluids shall be repaired or removed from the location immediately upon noticing the leak. 27. Regular sweeping of the work area shall be conducted to continuously remove solid trash and debris from the transferring, collection and weighing area. No caps, labels, bottles, tabs, containers, bags, boxes or other general trash and debris shall be allowed in the area at the end of each operating day. 28. Business operator shall provide facilities and containers with no perforations/mesh/holes that allow customers to place any residual liquids from CRV containers prior to placing in transferring and weighing area. 29. The operator shall install the modern vestibule as shown on the conceptually approved plans. 30. To the fullest extent possible, the applicant shall continue to work with staff to incorporate new landscaping in the parking lot. A landscape planter consisting of ground cover, irrigation, and a minimum of two trees shall be installed to the satisfaction of the Development Services Director. Alternatives to the landscape planter that would achieve a similar effect to beautify or screen the recycling facility may be approved by the Development Services Director. Ping. 31. The applicant shall provide planter boxes with appropriate landscape materials Comm as shown on the approved plans. a� PLANNING COMM/SS/ON AGENDA REPORT MEETING DATE: MARCH 10, 2014 ITEM NUMBER: po SUBJECT: SIX-MONTH REVIEW OF PLANNING APPLICATION PA -87-154 CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD RECYCLING FACILITY (REPLANET, FORMERLY EARTHWIZE RECYCLING) 2180 NEWPORT BOULEVARD DATE: FEBRUARY 27, 2014 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov PROJECT DESCRIPTION Six-month review of conditional use permit for an existing neighborhood recycling facility (RePlanet, formerly EarthWize) within the Stater Bros. Market parking lot for possible modification or revocation of the conditional use permit for the neighborhood recycling facility. APPLICANT The applicant is RePlanet, LLC, the operator of the recycling facility. The owner of the property is Costa Mesa Grocery Investors, LLC. RECOMMENDATION Provide direction to staff. BACKGROUND Project Site/Environs The site is located on the southeast corner of Newport Boulevard and 22nd Street and is zoned C1 (Neighborhood Commercial) and has a General Plan Designation of Commercial Residential. The property contains Stater Bros. Market, the neighborhood recycling facility structure, and surface parking. History On September 14, 1987, Planning Commission approved Conditional Use Permit PA -87- 154 allowing the establishment of a neighborhood recycling facility (originally Reynolds Aluminum) within the parking lot of the Stater Bros. Market. On September 12, 1988, Planning Commission approved a renewal of the permit subject to subsequent two-year reviews by the Department Director to ensure compliance with the conditions of approval. Conditional use permits typically run with the land. As noted earlier, however, a condition of approval required reevaluation of PA -87-154 every two years by the Department Director; as a result, the past reevaluations have been done at staff level. The use permit was allowed to be extended if all conditions of approval have been satisfied, no complaints have been received, and the site inspection reveals compliance with applicable ordinance requirements. The regular two-year review for the extension of PA -87-154 was brought forward to the Planning Commission on July 9, 2012 for consideration by the Planning Commission of the continued operations of this recycling facility and to address the concerns raised by abutting neighbors of the facility related to noise, litter, and loitering problems. At the time of the review, the facility was being operated by EarthWize Recycling. During the meeting, the representative for EarthWize indicated a willingness to modify the day-to-day operations to minimize disruptions to the abutting residential neighbors, to provide site upgrades in terms of a new vestibule structure and landscape planters within the existing parking lot, and provide a state-of-the-art "grey water" collection system. However, because the majority of the requested site upgrades require input and/or approval from the property owner, i.e., Stater Bros. Market, the Commission directed staff to work with EarthWize, Stater Bros. Market, and the residents to address these issues. RePlanet took over operation of the facility in early 2013. Staff met with RePlanet representatives on February 14, 2013 and provided them with the conditions of approval for PA -87-154, and advised them that the CUP would be coming up for review by the Planning Commission in September of that year. The review of the CUP was noticed for the September 9, 2013 Planning Commission meeting; however, the applicant requested a continuance to the November 12, 2013 meeting to allow additional time to work with the neighbors, Stater Bros., staff, and Commissioners to address the operation of the facility. At the November 12, 2013 Planning Commission meeting, the Commission granted a six-month extension of the project to March 10, 2014 to give the applicant time to implement the conditions of approval, including the relocation of the recycling vestibule, the installation of a new vestibule with reverse vending capabilities and to continue to work with Stater Bros. on the installation of permanent landscaping within the parking area. ANALYSIS Below is a table summarizing the status of the conditions of approval adopted by the Planning Commission during their review of the project on November 12, 2013. It should be noted that because the use was given a six-month review period, and based on the applicant's assurances that they would work with the neighbors to quickly resolve any operational impacts, complaints received to the City (via email) were not logged as Code Enforcement complaints, but instead were forwarded to the applicant the date they were received, and "saved to be included in the staff report for the six-month review as part of the evidence for the public record. Status of Conditions of Approval for PA -87-154 as of 2/26/14 [..": .:j�r_ }y k i �," til•:. k,:�'': Y- �i*�;.f�� } `�}�� �.y '''.�`' ti`y��y��rr• :� k,. .•,S� f• ��!t - 1� �� _� " y^��1�ny� 1. The below conditions of approval shall supersede No complaints or violations" and replace the original conditions of approval for 1 PA -87-154 dated September 14, 1987 2. The use shall be limited to the type of operation as Current 6 -month review" described in the staff report. Any change in the operational characteristics including, but not limited to, the hours of operation and additional services provided, shall require review by the Planning Division and may require an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The applicant is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of a proval [Title 13, Section 13-2%2A. 3. The Development Services Director or his/her Current 6 -month review. designee may extend the Planning Application for subsequent two (2) year periods if all conditions of approval have been satisfied, no complaints have been received, and the site inspection reveals compliance with applicable ordinance requirements. Thereafter, the Development Services Director or his/her designee may extend the permit for successive two (2) year periods under the same terms. 1 4. A copv of the conditions of approval shall be kept on I No complaints or violations. premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 5. The business shall be conducted, at all times, in Two noise complaints a manner that will allow the quiet enjoyment of received via email on 12110113 the surrounding neighborhood. The operator and one noise complaint shall institute whatever security and operational received via email on 2126114. measures are necessary to comply with this Refer to attached 6. The structure shall be located as shown on the plans submitted with the staff report. The structure shall be relocated no later than 60 days from the effective date of this resolution. Structure relocated 1/27/14. 7. The structure shall be manned during business I No complaints or violations. 0 a, 0 C. on e h hours. The facility shall be operated per the applicant's letter dated October 29, 2013, including, but not limited to, the following Attendants shall enlorr'e pro stropping carts, ni� � loitering, and ensure all customers to/low the pule.§. Attendants shall refuse service to anyori vyho disobeys. Attendants shall communicate with Costa Mesa Police to help with the homeless that may loiter around the area when the facility is closed. Attendants shall use a "Refuse Service Tracking Log" to track all mis-behaving customers that are refused service. Hours of operation shall be 9:00 am to 4:30 pm, Monday, Wednesday, Thursday, Friday, and Saturday only. Employees shall work 8:30 am to 5:00 pm; 8:30 am to 9:00 am; and 4:30 pm to 5:00 pm is exclusively for cleaning the site area, parking lot and sidewalk area. The facility shall be double staffed during all hours of operation. Glass shall not be crushed at the facility. Any barged product or #rash shall not be kep� outsiate of the facility. _ Attendants shall place 8 spill buckets at site. Attendants shall ensure all customers are pouring their liquids into the spill buckets and not on the parking lot. Attendants shall pressure wash the site weekly i (Tuesdays). Zone supervisor and Area Manager shall visit the site twice weekly. They shall check in with the Stater Bros. Store Director and other tenants in the center and review all happenings. Zone supervisor and Area Manager shall send an email report to Brian Jackson, Doug Sanchez after these visits. Loitering complaints received via email 12170113; 1129114A 215114; and 2126114 � Complaint received vig le of stacked products1fra 818114 9. Customers shall queue on the westerly (Newport Blvd.) side of the structure only. 10. Hours for the pick-up and drop-off of the recycling trailers shall not occur before 9:00 am or after 5:00 pm, Tuesday through Saturday only. 11. The operator shall contact the Planning Division to arrange a Planning inspection of the facility prior to occupancy. This inspection is to confirm that the Planning Division conditions of approval and code requirements have been satisfied. 12. The facility shall be limited to one structure recycling structure with a covered vestibule area in which the weighing of recyclables shall occur. Customers may line-up outside the west side of the vestibule only. No complaints or violations. No complaints or violations. Permit for new vestibule not obtained as of 2/26/14. No complaints or violations. 13. The use shall be limited to the type of operation No change in operations. described in this staff report. i.e., a recycling and collection center for aluminum cans, plastic and 15 16 17 glass bottles in a single recycling structure. Any change in the operational characteristics including, but not limited to, hours or days of operation or an additional trailer, etc., shall require City approval of an amendment to the conditional use permit. No compacting, flattening, grinding, crushing, and/or No complaints or violations. glass breaking activities shall occur outside the structure. Any change in the approved area of business operations shall require City approval of an amendment to the conditional use permit. The structure trailer shall be neutral in color. It shall be maintained so that it is free of dents, peeling and scratched paint, and a deteriorated appearance. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance, subject to approval by the Planning Division. Signs shall be limited to the structure recycling vestibule and shall be non -illuminated. Painted signs shall be prohibited. No change in operations. No complaints or violations. Permit for new vestibule or signs not obtained as of 2/26/14 18. The business operator shall adequately patrol Loitering complaints received the area over which helshe has control in an via email 12110113; .7/29114; effort to prevent the loitering of persons about 215114; and 7120/14 the premises during business hours. 19. The business operator shall secure the premises Complaint received via email with appropriate security lighting and employee of stacked productsArash scrutiny of adjacent areas under which helshe 218114 -:has control toprevent trash graffiti and littering. 20. The business operator shall maintain free of Jitter Complaint received via email and graffiti all areas of the premises under of stacked productsltrash his/her has control. 218114 21. The recycling trailer shall be properly maintained and No complaints or violations. shall be housed within the recycling vestibule except when being removed from the property. It shall be maintained so that it does not overflow, and it shall be placed inside the vestibule or trailer when the facility is closed. 22. Business operator shall design the area to prevent _ runoff of spilled liquids. 23. Business operator shall clean loading, unloading and storage areas regularly to remove potential sources of pollutants. All cleaning water shall be captured and disposed into a sanitary sewer. 24. New employees shall be trained on discharge prohibitions and wastewater discharge requirements prior to start of employment and annually thereafter. Written record of training must be available upon request. 25. Business operator shall ensure that there are no residual liquids from CRV containers prior to placing them in transferring and wei hin areas. 26. Business operator shall regularly inspect equipment used on site to ensure there are no leaks from vehicles or compaction equipment. Any vehicles or equipment leaking fluids shall be repaired or removed from the location immediately upon noticing the leak. 27. Regular sweeping of the work area shall be conducted to continuously remove solid trash and debris from the transferring, collection and weighing area. No caps, labels, bottles, tabs, containers, bags, boxes or other general trash and debris shall be allowed in the area at the end of each operating day. 28. Business operator shall provide facilities and containers with no perforations/mesh/holes that allow customers to place any residual liquids from CRV containers prior to placing in transferring and weighing area. _ 21 Thd oper*Wshall install the modern vestibule as shown on the conqqptually a 1vrory ve_d_ plans.. - 30, To the fullest extent possible, the applicant shall continue to work with staff to incorporate new landscaping in the parking lot. A landscape planter consisting of ground cover, irrigation, and a minimum of two trees shall be installed to the satisfaction of the Development Services Director. Alternatives to the landscape planter that would achieve a similar effect to beautify or screen the recycling facility may be approved by the Develo ment Services Director. ENVIRONMENTAL DETERMINATION No complaints or violations. No complaints or violations. No complaints or violations. No complaints or violations. No complaints or violations. No complaints or violations. No violations observed or complaints received Perm' it for new vestibule not obtained as of 2126114 Staff fnei with Re.Planet and Stater Bros. management on 2/27/14, Stater Bras.. expressed a desire to work with staff and RePlanet to provide landscape upgrades -as described irr the condition, however, a specific timetable still needs to be determined. The review is exempt from the provisions of the California Environmental Quality Act under Section 15301 for Existing Facilities. REQUEST FOR DIRECTION Staff is requesting that the Planning Commission provide direction with regard to the following: 1. Direct staff to prepare a resolution extending the approval for an additional period of time (as determined by the Commission) to allow the applicant to continue to work with staff to address the issues related to the use. The resolution would need to be brought back to a future Planning Commission meeting. 2. Direct staff to prepare a resolution revoking the use permit. The resolution would need to be reviewed by the City Attorney's Office and brought back to a future Planning Commission meeting. MEL LEE, AICP RRX GOLCINO, AICP Senior Planner In erim ssistant Director of Development Services Attachments: 1. Planning Commission Resolution No. PC -13-30 2. Current Site Photos 3. Correspondence From Public From November 12, 2013 to the Date of This Report 4. November 12, 2013 Staff Report and Attachments CC' Director of Economic & Development / Deputy CEO Sr. Deputy City Attorney Public Services Director City Engineer Transportation Services Manager Fire Protection Analyst Staff (6) File (2) RePlanet, LLC c/o Brian Jackson 2611 E. Lindsay Privado Road Ontario, CA 91761 RePlanet, LLC c/o Doug Sanchez 2611 E. Lindsay Privado Road Ontario, CA 91761 Costa Mesa Grocery Investors. LLC 11456 Olive Boulevard, Suite 210 Saint Louis, MO 63141 Stater Bros. Markets c/o Mark Avalos, Grocery Supervisor - Retail 301 S. Tippecanoe Avenue San Bernardino, CA 92408 Stater Bros. Markets c/o Karen Molina -Stahl, Property Manager 301 S. Tippecanoe Avenue San Bernardino, CA 92408 Stater Bros. Markets c/o Bill Wall, Store Manager 2180 Newport Boulevard Costa Mesa, CA 92627 DeAnne Hemmens 2177 Rural Lane Costa Mesa, CA 92627 Christy Turley 2183 Rural Lane Costa Mesa, CA 92627 Tab 9 PH-2- LEE, MEL From: Brian Jackson <brian Jackson@replanet.com> Sent: Thursday, March 06, 2014 9:09 PM To: LEE, MEL Cc: Joe Perez Subject: rePlanet and Stater Bros Mel, As per your request at our last meeting please the see operational changes made by rePlanet and Stater Bros. These changes have been put into effect to address the concerns expressed by residents and to comply with the conditions of approval of the CUP. Recycling Specialists ( attendants) Are to enforce no shopping carts and no loitering policies and ensure all customers follow the rules. We will refuse service to anyone who disobeys. - Ongoing Communicate with Costa Mesa PD (contact info below) to help with the homeless that may loiter around the area when we are closed. - Ongoing Are to use "Refuse Service Tracking Log" to track all misbehaving customers we refuse service too. Ongoing Hours of Operation • In Dec 2013, we changed the hours of operation to 9:00am - 3:30pm - Mon, Weds, Thurs, Fri, Sat. • Employee's work 8:30am - 4:30pm. • 8:30am-9:00am, 4:00pm-4:30pm times are exclusively for cleaning the site area, parking lot and sidewalk area. Additional Changes • Double staff the site all Hours of Operation.- Ongoing • DO NOT crush glass.- Ongoing • DO NOT place any bagged product or trash outside of housing unit.- Ongoing • Installed stanchions to direct/stage our customers on the north - Newport Blvd side of our site. • Place 8 spill buckets at site - ensure ALL customers are pouring their liquids into the spill buckets and not on the parking lot.- Ongoing • Site is pressure washed/extracted weekly (Tuesdays).- Ongoing Site monitoring • Zone Supervisor and Area Manager will visit the site twice weekly ... they will check in with Stater Bros store director, other tenants in the center and review all happenings. - Ongoing • Zone Supervisor and Area Manger will send email report to Brian Jackson, Doug Sanchez after these visits.- Ongoing Relocation • rePlanet has asked the city relocate the facility to the parking bays under the Stater Bros sign nearer to Newport Blvd which allow the noise to be absorbed by Newport Blvd. traffic.- Site was relocated 01/06/2014. rePlanet has proposed screening the recycling center from Newport Blva with planters. - Installed 02/06/2014. Installation of Reverse Vending Machines - waiting on final approval from city. Building and Safety and Installation of RVM's • 12/26/2013: Plans submitted to Building, Engineering, and Transportation • 1/13/2014: Plans approved by Transportation and Engineering and first set of comments and corrections received from Building • 1/27/2014: Plans resubmitted to Building • 2/10/2014: Second set of comments and corrections received from Building • 3/3/2014: Corrected.Plans will be submitted to Building. We anticipate that plans will be approved and will schedule install of the RVM's accordingly. • 3/5/2014: Permit approved and rePlanet will call for inspection asap. operation Improvements from Stater Bros. Markets #25 since our 2013 meeting 1. Moved employee parking to the block wall which eliminated all trucks (vendor and customer) from parking along the wall. 2. Communicated and enforced all delivery trucks that unload in the parking lot to keep their delivery doors facing Newport Blvd. and away from the residential along the block wall. I Increased regular policing of the lot throughout the day primarily to stop the loitering. 4. Refused service and no longer allow on the property certain individuals that have continued to loiter, panhandle, or any other activity other than shopping or recycling. 5. Communicated to the rePlanet employees what individuals have been refused service and no longer allowed on the lot because of their loitering. 6. Daily clean up and emptying of the trash can and bench that belongs to OCTA. 7. Keeping trash and donations picked up around the site during non -business hours. 8. Have asked Costa Mesa Police for assistance in controlling and dispersing the homeless that loiter at the bus stop on Newport Blvd. as well as the sidewalk that leads from our corner to Elden. 9. Received proposal to clean up the street side of the market. Hopefully the Planning Commission will view these measure in a positive light and we will be able to address any questions they may have at the public hearing on Monday 101h March. ff Please note the change in my mailing address and send all documents to: rePlanet LLC, 491 Kettering Drive, Ontario, CA 91761 Thank you, Brian Jackson Brian Jackson I Business Development Manager 12611 E. Lindsay Privado Road, Ontario, CA 917611 tel: 951.515.2705 (direct) Tab 10 Akil ! .4m =�.m t - �� .dmmpf►r+ s1 L _ LLI �3 i--'"�' ZtL ..P Ploy �NIVF INK {, i1 1 re ,A.. !'i Ike 0 r .t :u 0 t WA.X� 4 C` I I - .kit 4 1 11 + `mom* i 1 11 Tab 11 it, val" tA. x M fa n 4 r� x 4 ■w low w+ --•i dw '00"'Ooop is up- I I 1 n Tab 12 1I7_VIZA PROJECT NO SITE ADDRESS: CITY OF COSTA MESA P.O. BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92628-1200 DEVELOPMENT SERVICES DEPARTMENT NOTICE OF DECISION PLANNING COMMISSION ACTION March 13, 2014 PA -87-154 (6 -Month Review) 2180 Newport Boulevard FINAL ACTION: At a noticed public hearing on March 10, 2014, the Planning Commission approved moving forward with a resolution to modify or revoke the conditional use permit for PA -87-154 and return to the Planning Commission at a future meeting date that has not yet been determined. PLANNING CONTACT: Mel Lee, Senior Planner, (714) 754-5611 mel.lee@costamesaca.gov If you have any questions or comments regarding this notice of decision, please contact the project planner (above) or me at 714-754-5270. Sincerel , Gary Armstrong, AICP, Deputy CEO Economic and Development Services Director DISTRIBUTION: RePlanet, LLC c/o Brian Jackson 2611 E. Lindsay Privado Road Ontario, CA 91761 RePlanet, LLC c/o Doug Sanchez 2611 E. Lindsay Privado Road Ontario, CA 91761 Building Division (714) 754-5273 • Code Enforcement (714) 754-5623 • Planning Division (714) 754-5245 FAX (714) 754-4856 • TDD (714) 754-5244 • www.costamesace.gov Costa Mesa Grocery Investors. LLC 11456 Olive Boulevard, Suite 210 Saint Louis, MO 63141 Stater Bros. Markets c/o Mark Avalos, Grocery Supervisor - Retail 301 S. Tippecanoe Avenue San Bernardino, CA 92408 Stater Bros. Markets c/o Karen Molina -Stahl, Property Manager 301 S. Tippecanoe Avenue San Bernardino, CA 92408 Stater Bros. Markets C/o Bill Wall, Store Manager 2180 Newport Boulevard Costa Mesa, CA 92627 DeAnne Hemmens 2177 Rural Lane Costa Mesa, CA 92627 Christy Turley 2183 Rural Lane Costa Mesa, CA 92627 Tab 13 PLANNING COMM/SS/ON MEETING DATE: SEPTEMBER 22, 2014 ITEM NUMBER: SUBJECT: PLANNING APPLICATION PA -87-154; REVIEW OF PREVIOUSLY APPROVED CONDITIONAL USE; PERMIT ALLOWING REPLANET RECYCLING FACILITY TO OPERATE AT 2180 NEWPORT BOULEVARD DATE: SEPTEMBER 11, 20114 FROM: PLANNING DEPARTMENT/DEVELOPMENT SERVICES DIVISION PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov DESCRIPTION Review Conditional Use Permit, PA -87-154 to determine the following: Determine whether the neighborhood recycling facility currently operated by RePlanet has operated in violation of Conditional Use Permit PA -87-154 and/or as a public nuisance such that irevocation of the Conditional Use Permit is appropriate; or, in lieu of revocation, impose additional conditions. RECOMMENDATION Recommend that the Planning, Commission direct staff to prepare a resolution consistent with its findings as follows: Make findings that RePlanet recycling facility has been operated in violation of the conditions of approval in Conditional Use Permit PA -87-154 and/or as a public nuisance, such that revocation of the CUP is justified; and revoke, or in lieu of revocation, amend the conditions of the CUP; or Conclude that there are insufficient findings that RePlanet recycling facility has been operated in violation of the conditions of approval of Conditional Use Permit PA -87-154 or as a public nuisance. The existing conditions of approval regulating the use would remain as originally approved. BACKGROUND On September 14, 1987, the Costa Mesa Planning Commission approved Planning Application PA -87-154 that authorized the establishment of a neighborhood recycling facility in the parking lot of Sta#er Bros. Market located at 2180 Newport Blvd for a period of six months, with an approved subsequent extension on September 12, 1988, subject to two-year reviews for the purpose of ensuring continued compliance with applicable conditions of approval. On July 9, 2012, the two-year review of PA -87-154 was referred to the Planning Commission for review to address concerns raised by abutting neighbors related to noise, litter and loitering problems.' The Planning Commission granted an extension to September, 2013. RePlanet, which took over operation of the facility in early 2013, requested a continuance at the September 9, 2013 Planning Commission meeting until November 12, 2013 to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and Planning Commissioners to address concerns regarding the operation of the facility. At the November 12, 2013 Planning Commission meeting, the Commission granted a six- month extension to March 10, 2014 to give RePlanet time to implement the conditions of approval, including moving the recycling vestibule further away from residential properties, the installation of a new vestibule with reverse vending capabilities, to ,-ontinue to work with Stater Bros. on the installation of permanent landscaping, and to allow for additional time to work with 'the neighboring residents, Stater Bros., City staff, and Planning Commissioners to address concerns regarding the operation of the facility. The applicant also proposed interim landscaping in the form of planter boxes to screen the facility from Newport Boulevard. A copy of the updated conditions of approval adopted by the Commission at the November 12, 2013 meeting is provided in the evidence packet under Tab 7. At the March 10, 2014 Planning Commission meeting, staff was directed to: (1) investigate and prepare evidence supporting revocation of RePlanet's conditional use permit; and (2) discuss with RePlanet options to relocate the facility from their current location. On July 15, 2014, City staff held a meeting with RePlanet to discuss potential relocation sites for its business., however, as of September 8, 2014, RePlanet has neither submitted a new conditional use permit application to relocate their facility to another property nor has fully complied with the conditions of PA -87-154, which include a number of operational requirements. ANALYSIS Staff contends that several grounds exist to revoke or amend the CUP: 1. RePlanet has operated in violation of condition of operation 5, to wit, RePlanet has not conducted its operations in a manner that will allow the quiet enjoyment of the surrounding neighborhood by replacing its recycle bins late at night and during the early morning hours; and 2. RePlanet has operated in violation of condition of operation 8(a), to wit, by not preventing loitering at its recycling facility; and 3. RePlanet has operated in violation of condition of operation 8(g), to wit, by not preventing bagged trash from being kept outside the facility; and 4. RePlanet has operated in violation of condition of operation 10, to wit, by picking up and dropping off recycling trailers before 9:00 am and after 5:00 pm; and 5. RePlanet has operated in violation of condition of operation 18, to wit, by not adequately patrolling the area to prevent loitering; and 6. RePlanet has operated in violation of condition of operation 19, to wit, by not preventing securing the premises with appropriate security lighting and employee scrutiny of adjacent areas to prevent trash, graffiti and littering; and 7. RePlanet has operated in violation of condition of operation 20, to wit, by not maintaining its facility and all areas under its control free of litter and graffiti; and 8. RePlanet has operated in violation of condition of operation 29, to wit, by not installing a modern vestibule as shown on the conceptually approved plans; and 9. RePlanet has operated in violation of condition of operation 30, to wit, by not working with staff to the fullest extent possible to incorporate new landscaping in the parking lot. A more detailed description of the above items follows. RePlanet routine!y re laces its recycling bins late and night and during earl morninq hourspreventing neighboring residents from the guiet en -a meet of their neighborhood. Condition of approval number 5 stipulates that: "The business shall be, conducted, at all times, in a manner that will allow the quiet en o Ment of the surroundingnei hborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement." Condition of approval number 10 stipulates that: "Hours for the pick-up and drop-off of the recycling trailers shall not occur before 9:00 am or after 5:00 pm, Tuesday through Saturday only." Neighboring residents regularly report that RePlanet's recycling bins are replaced late at night and during early morning hours: • On December 10, 2013 at 6.00 a.m., RePlanet's recycling bins were exchanged by a `large, loud truck. This violation was witnessed by Christy Turley, resident at 2183 Rural Lane, Costa Mesa and Deanne Hemmens, resident at 2177 Rural Lane, Costa Mesa. • On February 26,j: 2014 at 4:50 a.m., RePlanet's recycling bins were again exchanged by a large, loud truck. This violation was witnessed by Deanne Hemmens. • On March 30, 2014 at 2:30 a.m., RePlanet's recycling bins were again exchanged by a large, loud truck. This violation was witnessed by Deanne Hemmens. • On May 24, 2014 at 7:15 a.m., RePlanet's recycling bins were again exchanged by a ,large, loud truck. This violation was witnessed by Christy and Tyler Turley,; residents at 2183 Rural Lane, Costa Mesa. • On May 31, 2014 at 10:25 p.m., RePlanet's recycling bins were again exchanged by a large, loud truck. This violation was witnessed by Deanne Hemmens. RePlanet consistently fails to prevent loiterin around its faciliE . Condition of approval number 8(a) stipulates that: "Attendants shall enforce no shopping carts, no loitering, and ensure all customers follow the rules. Attendants shall refuse service to anyone who disobeys." Condition of approval number 18 stipulates that: "The business operator shall adequately patrol the area over which he/she has control in an effort to prevent the loitering of et -sons about the premises during business hours." Neighboring residents regularly report that RePlanet fails to prevent loitering at its facility: • On December 10, 2013, RePlanet failed to prevent three individuals from loitering around' its facility. One of these individuals approached neighboring resident Tyler Turley and asked if he had any drugs for sale. This violation wa's observed by Tyler Turley, resident at 2183 Rural Lane, Costa Mesa. As of September 5, 2014, neither the vestibule nor parking lot landscaping has been installed at RePlanet's recycling facility. Condition of approval number 31 stipulates: "The applicant shall provide planter boxes with appropriate landscape materials as shown on the approved plans." As of September 5, 2014, no planter boxes with appropriate landscape materials were observed in violation of condition of approval number 31. Public nuisance. Additionally, Section 13-29(o)(1)(a) provides that the Planning Commission may require the modification or revocation of a conditional use permit when the use is being operated as a public nuisance; as defined in Civil Code Section 3479 and 3480. A nuisance is "[a]nything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property ...... A public nuisance "is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal." Civ. Code §§ 3479, 3480. Conditions such as loud, late night recycle -bin replacement, excessive loitering and trash storage constitute public nuisances, as they are the type of conditions that are likely to affect a considerable number of persons. In addition, RePlanet's operation in violation of the conditions of approval listed above also violate CMMC 20-12(ii) that declares any use in violation of conditions of approval a public nuisance. PUBLIC NOTICE Code -required public notice was provided via the following methods: 1. Publication of a display ad in the local newspaper (Daily Pilot). 2. Notice of the public hearing was mailed to the property owner and was posted at the site. ENVIRONMENTAL DETERMINATION The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been • On January 29, 2014, RePlanet again failed to prevent loitering around its facility, as at least two individuals (transients) were observed loitering at the facility and interacting with RePlanet employees. This violation was observed by Deanne Hemmens, 2177 Rural Lane, Costa Mesa. • On February 5, 2014, RePlanet again failed to prevent loitering around its facility, as transiOnts were observed loitering at the facility. This violation was observed by: Deanne Hemmens. • On February 20,i 2014, RePlanet again failed to prevent loitering around its facility as transients were observed loitering at the facility. This violation was observed by' Deanne Hemmens. RePlanet has allowed trash to remain outside its facility. Condition of approval number 8(g) stipulates: "Any bagged product or trash shall not be kept outside of the facility." Condition of approval number 19 stipulates: "The business operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which he/she has control, to prevent trash, graffiti and littering." Condition of approval number 20 stipulates: "The business operator shall maintain free of litter and graffiti all areas of the premises under his/her has control." On February 8, 2014, RePlanet allowed stacks of cans to remain outside its facility as witnessed by Deanne Hemmens. RePlanet has failed to install a modern vestibule and re aired landscaping. Condition of approval number 29 stipulates: "The operator shall install the modern vestibule as shown on the conceptually approved plans." Condition of approval number 30 stipulates: "To the fullest extent possible, the applicant shall continue to work with staff to incorporate new landscaping in the parking lot. A landscape planter consisting of ground cover, irrigation, and a minimum of two trees shall be installed to the satisfaction of the Development Services Director. Alternatives to the landscape planter that would achieve a similar effect to beautify or screen the recycling facility may be approved by the Development Services Director." found to be exempt from CEQA under Section 15321 for Enforcement Actions by Regulatory Agencies, LEGAL REVIEW The City Attorney has reviewed this report and its attachments and has been approved as to the form by the City Attorney's Office. ALTERNATIVES The Planning Commission may take the following actions: • Make findings that RePlanet has been operated in violation of the conditions of approval in Conditional Use Permit PA -87-154 and/or as a public nuisance, such that revocation of the CUP is justified; and revoke, or in lieu of revocation, amend the conditions of the CUP; or • Conclude that there are insufficient findings that RePlanet has been operated in violation of the condition's of approval of Conditional Use Permit PA -87-154 or as a public nuisance. The existing conditions of approval regulating RePlanet would remain as originally approved. CONCLUSION In sum, the following grounds for revocation are being presented to the Planning Commission: • RePlanet has consistently operated in violation of condition of operation numbers 5 and 10 by replacing its recycle bins late at night and during the early morning hours on at least 5 separate occasions. • RePlanet has consistently operated in violation of condition of operation numbers 8(a) and 18 by allowing loitering at its facility on at least 4 separate occasions. • RePlanet stored trash outside its facility in violation of condition of operation numbers 8(g), 19 and 20, and failed to install the required vestibule and landscaping in violation of condition of operation numbers 29 and 30. • RePlanet failed to provide planter boxes with appropriate landscape materials in violation of condition of 'operation number 31. MCL LEE, AICP CLAI E FLY N, AICP Senior Planner Assistant Director of Development Services Attachments: 1. Draft resolutions revoking or amending PA -87-154 2. Evidence Packet (Under Separate Cover) Distribution: Director of Economic & Development Services/Deputy CEO Assistant Development Services Director Senior Deputy City Attorney Public Services Director City Engineer Transportation Services Manager Fire Protection Analyst Staff (6) File (2) RePlanet, LLC c/o Brian Jackson 491 Kettering Drive, Ontario, CA 91761 RePlanet, LLC c/o Doug Sanchez 491 Kettering Drive, Ontario, CA 91761 Costa Mesa Grocery Investors. LLC 11456 Olive Boulevard, Suite 210 Saint Louis, MO 63141 Stater Bros. Markets c/o Mark Avalon, Grocery Supervisor - Retail 301 S. Tippecanoe Avenue San Bernardino, CA 92408 Stater Bros. Markets c/o Karen Molina -Stahl, Property Manager 301 S. Tippecanoe Avenue San Bernardino, CA 92408 Stater Bros. Markets c/o Bill Wall, Store Manager 2180 Newport Boulevard Costa Mesa, CA 92627 DeAnne Hemmens 2177 Rural Lane Costa Mesa, CA 92627 Christy Turley 2183 Rural Lane Costa Mesa, CA 92627 Tab 14 LEE, MEL From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Categories: Hi Mel, i� MCl�N�[°gic� ck�e-c- (OVmA Christy Turley <laughingsurfer@yahoo.com> Tuesday, December 10, 2013 10:31 AM LEE, MEL deanne re: RePlanet Follow up Flagged Red Category Just wanted to let you know that RePlanet had a truck out at Stater Bros at 6:00 am 12/10/13 removing bins and replacing them with empty ones, They are NOT allowed to be making this kind of noise until 7:00 am—Ahe former Earthwise was super kind and didn't do this until well after 8:00 am so it DIDN'T DISTURB those who are still sleeping. Deanne and Patrick Hemmens also noticed the noise this am. I told her I would send the email to you this time. We chose not to involve the Costa Mesa Police. I did call Doug Sanchez the Regional Manager of RePlanet last week to let him know that the employees are working well past the closing time. There have been numerous occasions where the employees are STILL there until 7:30 pm cleaning up. Sometimes we HEAR him working this Iate ... that is the only reason we know he is there. I totally UNDERSTAND that they have people waiting in line and the employee will have to accommodate those people of course. Doug Sanchez seemed more irritated by my call, I was not there to argue with him, but just wanted to let him know (which he told me and Deanne to do if there were any problems) He basically told me that RePlanet has bent over backwards to accommodate us. My call wasn't to upset him but to let him know what was going on. I live here ... I know what is happening more than he does. Deanne sent him an email the next day and Doug Sanchez seemed much nicer in his email to Deanne. Just an FYI while my husband was standing over there just observing the recycling center. He noticed 3 "guys" just hanging around. One came up to him and asked him if he had any "drugs" he could buy? 1 I am sure you will copy this email to Doug Sanchez et all. Thank you, Christy Turley LEE, MEL From: Ocean Paddlesports <oceanpaddlesports@att.net> Sent: Tuesday, December 10, 2013 10:54 AM To: doug.sanchez@replanet.com Cc: LEE, MEL; laughingsurfer@yahoo.com Subject: Bin exchange Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Hi Doug Thought you should know that the bin exchange happened at 5:50 this AM, December 10. I woke up to the noise and I watched from my upstairs window. Definitely not cool, DeAnne Ocean Paddlesports 949-642-0755 Sent from my Wad LEE, MEL From: Ocean Paddlesports <oceanpaddlesports@att.net> Sent: Wednesday, January 29, 2014 2:59 PM To: LEE, MEL Cc: christy turley Subject: replanet Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Hi Mel: Happy New Year. just wanted to let you know that Replanet has moved their bins over a little. And to date, there has been no beatification done either by them or Stater Bros. Additionally, the noise and traffic is the same as before. In fact please note that this is the recycle centers slow season. They told me when we meet, that summer is by far their high season because its hot and people drink more out of recyclables. So there won't be any space for the increase in business, except into parking spaces and drive ways ... Just look at the lines and stacks of bins nowA have pictures if you want. Also, the loitering man in a wheel chair and his buddy on the bike, stick real close to the employees there at RePlanet. Tyler Turley saw the wheelchair man defecated on the sidewalk in the bushes. By the time the police arrived, he was gone..Until a few days later, chatting it up with Replanet. Stater Bros calls the police to have them removed and the next day, they are back in line at the recycle place and hanging out there. I thought one of the conditions for the use permit is that they would discourage loitering and not allow them at the facility. The Manager,Bill at Stater Brothers calls the police on these fellows at least 2-3 times a week. But still they are back at Replanet .... got a good picture of them there today. I have more than one picture on different weeks of the wheelchair guy in line at the center and also hanging around talking to Replanet. Please share this with the commission as I think it speaks directly to the fact that this business draws in these characters and they are unable or unwilling to do anything about it. Best regards, DeAnne Hemmens Ocean Paddlesports,LLC 2177 Rural Lane LEE, MEL From: Ops <ocean paddlesports@att.net > Sent: Wednesday, February 05, 2014 2:59 PM To: LEE, MEL Subject: Loitering Attachments: photo.JPG; ATT00001.txt Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Here's a pic from right now of the loitering transients at replanet. LEE, MEL Subject: FW: Look at that mess Attachments: photo.PNG; ATT00001.txt From: Ops [mailto:oceanpaddlesports@att.net] Sent: Saturday, February 08, 20141:59 PM To: LEE, MEL Subject: Look at that mess Hi Mel Check out the line into where cars go and the plastic stacks of cans outside the center. They are not supposed to stack that ugly stuff out side! 1111 Please show the commission this, it's out grown this parking lot!!! LEE, MEL From: Ops <oceanpaddlesports@att.net> Sent: Thursday, February 20, 2014 12:56 PM To: LEE, MEL Subject: Loitering homeless man at explainer Attachments: photo.JPG; ATT00001.txt Hi Mel Another photo if the crowds and the loitering man in wheel chair at replant. Today feb 20. Looks like replant spent $50 at Home Depot for some silly little trees. LEE, MEL From: Ops <oceanpaddlesports@att.net> Sent: Wednesday, February 26, 2014 5:00 AM To: LEE, MEL - Cc: doug.sanchez@replanet.com Subject: Bin exchange Replant is breaking the law right now at 4:50 am, wednesday, feb 26 by exchanging bins and waking up the entire neighborhood. Why don't they respect the cities noise ordinance that says they must do it after 7 am? DeAnne Hemmens Sent from my !Phone LEE, MEL From: Ops <oceanpaddlesports@att.net> Sent: Sunday, March 30, 2014 9:01 AM To: LEE, MEL Subject: Bun exchange 2 am Follow Up Flag: Follow up Flag Status: Flagged Hi Mel, How can we make this stop? 2 am Sunday morning! DeAnne Hemmens Sent from my !Phone LEE, MEL From: Ops <oceanpaddlesports@att.net> Sent: Saturday, May 24, 2014 7:51 AM To: LEE, MEL Cc: Christy Subject: Changing bins So the stupid replant is changing the dam bins at 7:30 on Saturday morning may 24. Why? When will they move this is unacceptable!! DeAnne Hemmens Sent from my iPhone Keith F. Collins From: LEE, MEL <MEL.LEE@costamesaca.gov> Sent: Monday, July 14, 2014 10:27 AM To: Keith F. Collins Subject: FW: Bin exchange -----Original Message ----- From: Ops[mailto:oceanpaddlesports@att.net] Sent: Wednesday, February 26, 2014 5:00 AM To: LEE, MEL Cc: douiz.sanchez@replanet.com Subject: Bin exchange Replant is breaking the law right now at 4:50 am, wednesday, feb 26 by exchanging bins and waking up the entire neighborhood. Why don't they respect the cities noise ordinance that says they must do it after 7 am? DeAnne Hemmens Sent from my iPhone Keith F. Collins From: LEE, MEL <MEL.LEE@costamesaca.gov> Sent: Monday, July 14, 2014 10:26 AM To: Keith F. Collins Subject: FW: replanet From: Ocean Paddlesports [mailto:oceanpaddlesports att.net] Sent: Thursday, March 27, 2014 9:31 AM To: LEE, MEL Subject: replanet HI Mel: How are you? Hope all is well over there at City Planning. When do you expect the Replanet to be moving? I don't expect them to be very considerate to the neighbors now that they have to relocate, so I hope they leave soon. Thank you for compiling all my pictures and emails. Best regards, DeAnne Hemmen PS, Bill the manager at Stater Brothers is trying to be a good neighbor with regards to the noise he can control. IE: trucks idling, etc. Ocean Paddlesports,LLC 2177 Rural Lane Costa Mesa, CA 92627 949-642-0755 www.oceant)addlesi)otts.com info n oceanpad.dlesports. com 1 Keith F. Collins From: LEE, MEL <MEL.LEE@costamesaca.gov> Sent: Monday, July 14, 2014 10:25 AM To: Keith F. Collins Subject: FW: RePlanet strikes again -----Original Message ----- From: Christy Turley [mailto:lau hin std trfer@yahoo.com] Sent: Monday, March 31, 2014 8:48 PM To: LEE, MEL Subject: re: RePlanet strikes again Hello Mel, I know that Deanne Hemmons wrote to you but I thought that I should also comment. RePlanet bin exchanged happened at approximately 2:30am early Sunday March 30, 2014. If this is what we have to look forward to until they are moved ... then they better be moved sooner than later. I would like it if you could pass on this email to the planning commission. I think they should know what they are doing. I know they will just blame it on their trucking pick up crew ... but really there is no excuse! 2:30 in the MORNING!! UGH! Thank you for your time. Christy Turley resident 1 Keith F. Collins From: LEE, MEL <MEL.LEE@costamesaca.gov> Sent: Monday, July 14, 2014 10:25 AM To: Keith F. Collins Subject: FW: RePlanet From: Christy Turley [mailto:laughingsurfer(@yahoo.com] Sent: Tuesday, May 27, 2014 12:11 PM To: LEE, MEL; deanne Cc: tyler Subject: re: RePlanet Hello Mel, Not sure if we should STI1L be directing our complaints to you or not. But last Saturday May 24th Replanet exchanged bins at about 7:15 am!! We (me, husband and 2 children) were exhausted from a VERY busy week and we were hoping to sleep in until about 8:00 ish but instead we were ABRUPTLY WOKEN UP by another EARLY BIN EXCHANGE!! PLEASE let us know what is happening with their supposed relocation. We already have enough from living next to a grocery store ... to have added these people who OBVIOUSLY could care less. What will there excuse be this time ... New Driver? We have heard that many times before! The bin exchange is EXTREMELY LOUD and it happens 2x a week! + PLEASE MOVE THEM!! Christy and Tyler Turley Keith F. Collins From: LEE, MEL <MEL.LEE@costamesaca.gov> Sent: Monday, July 14, 2014 10:24 AM To: Keith F. Collins Subject: FW: Bin exchange Keith - I am forwarding the complaints since February to you. Mel -----Original Message ----- From: Ops[mailto:oceanpaddlesports@att.net] Sent: Saturday, May 31, 2014 10:26 PM To: doug.sanchez@replanet.com Cc: LEE, MEL Subject: Bin exchange Breaking the rules again now Saturday night at 10:25 pm doing your container exchange. Stop it! It's not very respectful of the neighborhood. DeAnne Hemmens Sent from my iPhone Tab 15 aw lem Tab 16 i. � _1. � ! � y T �aw�• l r �L �Wow -- S zahL - - ilk • -rT ir-+ .� ' 11 F�_ly ..r �• r r F i m i • .* A R H j --?A, S ' pl Mrs .w V 1 IR nff.!w4'e,' _y -4 Tab 17 mow_ ti L LM s us )saw +rear+ doing I Yir•771 Sru . I M MOrp .- 1 • RESOLUTION NO. PC -14-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA REVOKING CONDITIONAL USE PERMIT PA -87-154 FOR REPLANET RECYCLING FACILITY TO OPERATE AT 2180 NEWPORT BLVD WHEREAS, on September 14, 1987, the Costa Mesa Planning Commission approved Planning Application PA -87-154 that authorized the establishment of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd; and WHEREAS, the approval of Planning Application PA -87-154 authorized the operation of a neighborhood recycling facility in the parking lot of Stater Bros. Market located at 2180 Newport Blvd for a period of six months, with an approved subsequent extension on September 12, 1988, subject to two-year reviews for the purpose of ensuring continued compliance with applicable conditions of approval; and WHEREAS, on July 9, 2012, the two-year review of PA -87-154 was referred to the Planning Commission for review to address concerns raised by abutting neighbors related to noise, litter and loitering problems. The Planning Commission granted an extension to September, 2013; and WHEREAS, RePlanet took over operation of the facility in early 2013. At the September 9, 2013 Planning Commission meeting, RePlanet requested a continuance to November 12, 2013 to allow for additional time to work with the neighboring residents, Stater Bros., city staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the November 12, 2013 Planning Commission Meeting, the Commission granted a six-month extension to March 10, 2014 to give RePlanet time to implement the conditions of approval, including relocation of the recycling vestibule, the installation of a new vestibule with reverse vending capabilities, and to continue to work with Stater Bros. on the installation of permanent landscaping; and to allow for additional time to work with the neighboring residents, Stater Bros., City staff, and the Planning Commissioners to address concerns regarding the operation of the facility; and WHEREAS, at the March 10, 2014 Planning Commission meeting, staff was directed to (1) investigate and prepare evidence supporting revocation of RePlanet's conditional use permit, and (2) discuss with RePlanet other options for their business location; and 8c) WHEREAS, on July 15, 2014, City staff held a meeting with RePlanet to discuss potential relocation sites for its business; and WHEREAS, on September 22, 2014, a duly noticed public hearing on the revocation of PA -87-154 was held before the Planning Commission, which included a staff report, presentation of evidence by staff wherein the applicant and applicant's counsel were allowed to cross-examine members of the City staff and provide oral arguments to the Planning Commission. In addition, public comments both in favor of and opposed to revocation were received by the Planning Commission; and WHEREAS, based upon its review and due consideration of all materials presented to it, the Planning Commission makes the following findings regarding the revocation of PA -87-154. NOW THEREFORE, the Planning Commission of the City of Costa Mesa finds and resolves as follows: A. The Costa Mesa Development Services Department has identified the following Conditions of Approval that have been violated by RePlanet during the period from December 2013 through September 2014, inclusive: o Condition of approval number 5 provides that "The business shall be conducted at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement." o Condition of approval number 8(a) provides that the "attendants shall enforce no shopping carts, no loitering, and ensure all customers follow the rules. Attendants shall refuse service to anyone who disobeys." o Condition of approval number 8(g) provides that "any bagged product or trash shall not be kept outside of the facility." o Condition of approval number 10 provides that "Hours for the pick-up and drop-off of the recycling trailers shall not occur before 9:00 am or after 5:00 pm, Tuesday through Saturday only." o Condition of approval number 18 provides that "the business operator shall adequately patrol the area over which he/she has control in an effort to prevent the loitering of persons about the premises during business hours." o Condition of approval number 19 provides that "the business operator shall secure the premises with appropriate security lighting and employee .®(,10, scrutiny of adjacent areas under which he/she has control to prevent trash, graffiti and littering. o Condition of approval number 20 provides that "the business operator shall maintain free of litter and graffiti all areas of the premises under his/her control." o Condition of approval number 29 provides that "the operator shall install the modern vestibule as shown on the conceptually approved plans." o Condition of approval number 30 provides that "to the fullest extent possible, the applicant shall continue to work with staff to incorporate new landscaping in the parking lot. A landscape planter consisting of ground cover, irrigation, and a minimum of two trees shall be installed to the satisfaction of the Development Services Director. Alternatives to the landscape planter that would achieve a similar effect to beautify or screen the recycling facility may be approved by the Development Services Director." o Condition of approval number 31 provides that "the applicant shall provide planter boxes with appropriate landscape materials as shown on the approved plans." B. RePlanet has operated in violation of these conditions, to wit: 1. On December 10, 2013, RePlanet removed its recycling bins and replaced them with empty ones at 6:00 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Christy Turley, 2183 Rural Lane, Costa Mesa and Deanne Hemmens, 2177 Rural Lane, Costa Mesa. 2. Also on December 10, 2013, RePlanet failed to prevent three individuals from loitering around its facility in violation of conditions of approval number 8(a) and number 18. One of them approached neighboring resident Tyler Turley and asked if he had any drugs for sale. These violations were observed by Tyler Turley, 2183 Rural Lane, Costa Mesa. 3. On January 29, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 4. On February 5, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. --c 5. On February 8, 2014, RePlanet allowed stacks of cans outside its facility in violation of conditions of approval number 8(b), number 19 and number 20. These violations were observed by Deanne Hemmens. 6. On February 20, 2014, RePlanet again failed to prevent loitering around its facility in violation of conditions of approval number 8(a) and number 18. These violations were observed by Deanne Hemmens. 7. On February 26, 2014, RePlanet again removed and replaced its recycling bins at 4:50 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 8. On March 30, 2014, RePlanet again removed and replaced its recycling bins at 2:30 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 9. On May 24, 2014, RePlanet again removed and replaced its recycling bins at 7:15 a.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Christy and Tyler Turley. 10. On May 31, 2014, RePlanet again removed and replaced its recycling bins at 10:25 p.m. using a large truck, in violation of conditions of approval number 5 and number 10. These violations were observed by Deanne Hemmens. 11. As of September 5, 2014, no vestibule or landscaping has been installed at RePlanet's facility in violation of conditions of approval number 29 and number 30. 12. As of September 5, 2014, no planter boxes with appropriate landscape materials were installed in violation of condition of approval number 31. C. The property has been operated as a public nuisance, pursuant to Section 13- 29 of the Costa Mesa Municipal Code and Sections 3479 and 3480 of the Civil Code. Namely, the following conditions are found to be injurious to health, indecent or offensive to the senses, or constitute obstructions to the free use of property, so as to interfere with the comfortable enjoyment of life or property: a. Consistent late night and early morning trailer removal and replacement adjacent to a residential neighborhood. b. Storage of trash in plain sight. Gl. C. Enabling the site to become a popular loitering spot for the homeless and drug users. D. Under the totality of the circumstances above, there is substantial evidence that RePlanet has been operated by its management in disregard for the health, safety and general welfare of the neighborhood, its patrons and the people of the City of Costa Mesa, as well as in violation of law. E. The current and past operation of RePlanet constitutes a public nuisance and is detrimental to the public health or safety so as to constitute a public nuisance. F. This revocation hearing of Conditional Use Permit PA -87-154 is deemed Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Class 21), Enforcement Actions of Regulatory Agencies. G. Chapter IX, Article 12, Transportation Demand Management, of Title 13 of the Costa Mesa Municipal Code does not apply to this revocation hearing. The Secretary of the Commission shall attest to the adoption of this resolution and shall forward a copy to the applicant, and any person requesting the same. BE IT RESOLVED, therefore, that based on the evidence in the record and the findings contained in this resolution, the Planning Commission hereby revokes Conditional Use Permit PA -87-154 with respect to the property described above. REVOCATION OF CONDITIONAL APPROVED at the Planning Commission following vote: PASSED AND ADOPTED this 22nd day USE PERMIT PA -87-154 PASSED AND meeting of September 22, 2014, by the ber, 2014. FZPATRICK, Chair Mesa Planning Commission q 3 STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) I, Claire Flynn, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. 14-44 was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on September 22, 2014, by the following votes: AYES: Fitzpatrick, McCarthy, Mathews, Sesler NOES: None ABSENT: Dickson ABSTAIN: None Clai Flynn, Secretary Costa Mesa Planning Commission —q/4— -q5- November 24, 2014 Honorable Jim Fitzpatrick, Chair Costa Mesa Planning Commission 2600 Costa Mesa Street Costa Mesa, CA 93721 RIE: CRV recycling facilities in Costa Mesa Dear Mr. Fitzpatrick, On behalf of the California Grocers Association, 1 am writing to share concerns with the CRV recycling policies in the City of Costa Mesa. CRV recycling redemption is a state mandated activity for which grocery stores carry the responsibility. Restricting CRV recycling centers' ability to locate and operate could result in substantial fines and penalties for grocery stores. We respectfully ask that you take into consideration our industry's responsibilities under state law when malting decisions on CRV recycling facilities within the City of Costa Mesa. The California Grocers Association is a non-profit, statewide trade association representing the food industry since 1898. CGA represents approximately 500 retail member companies operating over 6,000 food stores in California and Nevada. Retail membership includes chain and independent supermarkets, convenience stores and mass merchandisers. CGA members include numerous grocery companies operating in Costa Mesa. California state law has defined a convenience zone (CZ) as a one-half mile radius around every grocery store. Every CZ is required to have a certified CRV redemption recycling within its boundaries. If a CZ is "unserved," meaning there is no CRV recycling center within the CZ, the grocery store creating the CZ and retailers selling CRV products within the CZ are required to either redeem cans and bottles inside the store, which poses a huge health and safety risk, or pay $100 per day to the state as a penalty, which equals $36,500 a year. Local restrictions that limit a grocery store's ability to be served by a CRV recycling center will have devastating impacts. CGA appreciates your effort to ensure that CRV recycling centers operate in a respectful and appropriate manner. With that in mind, as well as our state mandates, we have concerns with the planning commission's decision to revoke the CUP of one of the last standing CRV recycling facilities in the City of Costa Mesa that has the capacity to appropriately handle customer volume and demand. Again, having an unserved CZ means that numbers of retailers in your city will be negatively impacted. With their hands tied behind their back, they will be forced to pay an exorbitant fine due to their inability to comply with state law. CALIFORNIA GROCERS ASSOCIATION 1 1020 N. Lake Street I Burbank, CA 91502 1 T: 818.841.8640 1 F: 916.448.2793 1 w .cagrocers.com � �rs��s.-,.;..,.,^'�.�'��ri„�r-"� ��..!-".�=„'>""�.s"��"�,,Y„.=r✓r-,.r,:z✓!""�„""/',.,�.'��`f`^�=-Via'":; The Honorable Jim Fitzpatrick November 21, 2014 Page 2 We look forward to working with the city to ensure community goals are met and grocers are able to fulfill their state mandates. Thank you for your consideration and we look forward to further conversation. Sincerely, lavixt_ LAURA PERALTA Director, Southern California Local Government Relations cc: Members, Costa Mesa Planning Commission Mr. Tom Hatch, Chief Administrative Officer, City of Costa Mesa Mr. Gary Armstrong, Deputy CEO, Development Services Department, City of Costa Mesa Mr. Mel Lee, Senior Planner, Development Services Department, City of Costa Mesa CALIFORNIA GROCERS ASSOCIATION 1 1020 N. Lake Street I Burbank, CA 91502 1 T: 818.841.8640 1 F: 916.448.2793 1 w xagrocers.conn