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- - ZA-89-25 and ZA-92-10 Appeal 2 - 9/7/2010
PLANNING /G C®MMISSION -WHMW AGENDA REPORT a� MEETING DATE: AUGUST 9, 2010 ITEM NUMBER: '���RapRgTEO �9y� SUBJECT: CONTINUED HEARING FOR THE REVIEW OF ZONING APPLICATIONS ZA-89-25 AND ZA-92-10 MINOR CONDITIONAL USE PERMITS FOR GARCIA RECYCLING CENTER 739 WEST 19TH STREET DATE: JULY 28, 20.10 . I . . FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP, SENIOR:PLANNER (714) 754-5611 (mlee&i.costa-mesaxams) PROJECT DESCRIPTION Zoning Applications ZA-89-25 and ZA-92-10 were called up for review to the Planning Commission by Commissioner Mensinger on June 9, 2010. This review. will consider modification or, revocation. of the minor conditional use permits .for an existing neighborhood recycling facility (Garcia Recycling) located . in the parking: area of a retail shopping center. This item was continued from the meeting of July 12, 2010, at the applicant's request. APPLICANT The original applicant is Jesus Garcia, owner.of Garcia Recycling Center. jhe property owner is Russell Pange Trust. RECOMMENDATIONS 1. Revoke Zoning Application ZA-89-25 and Modify ZA-92-10; or 2. Revoke both Zoning Applications ZA-89-25 and ZA-92-10. MEL LEE, AICP Senior Planner ?-KH-ANH NGUYEN Asst. Developm t S� �-y Director APPL ZA-89-25 AND ZA-92-10 (REVIEW) BACKGROUND At the July 12, 2010 Planning Commission meeting, Patricia Chen, the applicant's legal counsel, requested that the item be continued to the August 9, 2010 meeting in order to allow legal counsel additional time to evaluate the issues related to the operation of the recycling facility, contact affected property and business owners, and provide additional alternatives and. possible:°best practices",for:operating the facility. To reduce paper, the July 12, 2010 report is not attached to this memo.. However, the original report can be found at the City's website at the below link: http.//www.Ci.cosia-mesa.ca us/council/planning/2010-07-12/07121 n7An91 nPDXA AI n.4f ANALYSIS With regard to the issues raised by Ms. Chen in the letter submitted tothe, e Commission on July 12, 2010,. (Attachment 2) staff has pre'pared-the following responses: Issue: "If tie' Commission revokes Garcia Recvcling's permits two convenience zones will be in violation of (Assembly Bel/ AB 2020) the Bottle Bill'; Response: According to the CalRecycle website (http://% ww.calrec)Lcle-ca.gov/BevContainer/ Retailers/Zones.htm), a "convenience zone is defined as follows: "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: •g g 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': Staff contacted Walt Simmons, CalRecycle's Recycling Specialist that oversees Costa Mesa, on July 23, 2010. Mr. Simmons provided a map showing the radius of the convenience zones around the subject property (Attachment 4). He indicated that there is an overlap of convenience zones in this area as a result of the recycling center on the subject property and the existing recycling center at Vons Market (185 E. 17�' Street). APPL. ZA-89-25 AND ZA-92-10 (REVIEW) Mr. Simmons indicated that because of the overlapping conveniencezones in the area, Were the Commission to revoke the minor conditional use permits fbe'Garcia Recycling; it would not_result in an°°unserved convenience zone"because the area\ ould continue to be served by. theexisting recycling facility. at Von's Market. Additionally,- CalRe.cycle's website FAQ page. the .link for which is cited earlier in this report, states the following question and answerwith regard to overlapping convenience zones: "Question:: Can Multiple Overlapping. Convenience Zones Be Served by a .Single Recycler? Answer.. Yes.: Overlapping convenience zones are common in commercial zoning areas throughout California. If a recycler is on-site at one convenience zone where one or more convenience zones overlap., each of these zones are served by this recycler. Accordingly, it is not necessary in such cases for each conveniencezone to support its own recycling center". However, Mr.. Simmons, indicated that' it Would likely result in the current Garcia Recycling customers going to the other recycling centers in theimmediate area to recycle, their items, a concern also noted by the Smart & Final Market adjacent to the.. subject property in their e-mail dated July 8, 2010 (Attachment 3). At .present, neither• Smart & Final nor EI Metate. Market, which are closest to Garcia Recycling, have their own public recycling facilities. As indicated in the attached emails, Smart & Final would be reluctant to take on an operation on the scale of. Garcia's Recycling on their own property, and according to Mr. Simmons, EI Metate Market has expressed similar concerns about a recycling center on their property. Issue: "If Garcia Recycling is forced to cease operations, the loss of beverage container diversions may compromise the (Integrated Waste Mana-- eft).Plan". Response: Costa Mesa's waste management and recycling programs comply with all applicable provisions of State Law. The Integrated Waste Management Plan..(IWMP) is administered by the Costa Mesa Sanitary District.. According to the Sanitary District, were the minor conditional use permits for Garcia Recycling to be revoked, it would not compromise the IWMP because the Sanitary District separates recvclables from reaular trash to comply with the applicable beverage container diversion aoals (see Attachment 5)• The other issues in Ms. Chen's letter regarding property maintenance and the staging of trucks at Garcia Recycling were discussed in the July 12, 2010 Planning staff report. 0 4D Source: California, Department of Resources.Regcling and Recovery, (CalRecycle) HOW THE AUTOMATED SYSTEM WORKS ON COLLECTION DAY REMEMBER: Items placed outside of the containers will not be collected. The containers should be placed at curbside no later than 6:30 am on collection day. 3 The containers should be placed with the handles and wheels facing towards your home. 4 The containers must be placed side-by- side approximately 1 foot apart and at least 3 feet from any obstruction (i.e. parked cars. trees). Containers should be removed from curbside by midnight on service day. SOMMON HOUSEHOLD —KY ITEMS Items that require special handling and are larger fhon a regular trash container, such as a chair or a couch are considered "bulky items: Common household bulky items include: Household Appliances I Carpet Rolls i Furniture I Mattresses Residents are entitled to one annual (1) pick-up. Any pick-up thereafter will carry a nominal charge. To schedule a bulky item pick-up at your curbside. please call 24 hours in advance of your regular service day. CR&R Customer Service number: (949) 646-4617. The annual large item pickup will take place this year June 21. 2010 through August 20,201 O.You will receive a door tag 2 weeks prior 10 the date collection vehicles will be in your neighborhood. HOUSEHOLD HAZARDOUS WASTE It is illegal to dispose of Household Hazardous Waste (HHW) through the residential program. HHW must be disposed of at a certified collection center. Household Hazardous Waste includes but is not limited to: Used Motor Oil I Old Paint I Solvents I Pesticides I Batteries I Pool Chemicals I Cleaning Products I Printer Cartridges I Wood Preservative I Unused Road Flares I Fluorescent light Tubes Orange Coast College Recycling Center is located on Adams Avenue between Harbor Boulevard and Fairview Road. (714) 432-5131 Buyback hours: Monday -Friday 9:00 am tc 5:00 pm Sunday Donation Only. OCC Recycling accepts 1-ousehold batteries, Fluorescent light tubes and E -Waste which includes Televisions I Compuler Monitors I Computers I Printers I Fax Machines. Any questions regarding HHW Collection call: (714) 847.3581 or visit www.oclandfills.com HOLIDAY SCHEDULE The following is a list of holidays (non -collection days) observed by CR&R. We have a total of six throughout the year: Christmas Day I New Years Day I Memorial Day 1 July 41h I Labor Day I Thanksgiving Day If the holiday falls during the week, collection for the remainder of the week will be postponed by one day. For more rnlormation CR&R is the exclusive franchise hauler for the Costa Mesa Sanitary Disirir;t. If you need further assistance regarding solid waste and recycling services, please contact our District Office at (949) 645-8400. CR&R CUSTOMER SERVICE DEPARTMENT (949)646-4617 Monday -Friday 8:00 am to 5:00 pm Saturday 8:00 am to 12:00 noon www.crrwasteservices.com ATTACHMENT a :o _ _.� y AL y. m 0 COSTA MESA SANITARY DISTRICT WASTE AND RECYCLING PROGRAM A HIGHER STANDARD OF RESPONSIBILITY You May Place A Mixture Of All Items In Your Containers. Our Trucks Collect Your Trash And Transport It To A Materials Recovery Facility (MRF) Where All Recyclables Are Pulled From The Waste Stream Through A Process Of Manual And Mechanical Sorting. Materials are placed in containers or Ftran'p,sported"io aste and cyclables are collected and collected through special pick-up. the MRF. E _ CR Transfer MRF Our trucks collect the trash from the containers in your community and transport it to a Materials Recovery Facility (MRF). Once the MRF receives the transported waste, recyclables are pulled from the waste stream through a process of manual and mechanical sorting.These combined processes ensure that the maximum amount of recyclables are recovered from your waste stream and kept out of Orange County's landfills. =011D 3 Processed recyclables are separated by commodity and baled. 1�1 =n7m 1W 4 Thousands of bales are shipped to locations for further processing or to overseas markets. am 5 Post consumer items such as paper products and clothing are made from various recycled materials. Buying recycled products closes the loop. J � T 1. '• e =n7m 1W 4 Thousands of bales are shipped to locations for further processing or to overseas markets. am 5 Post consumer items such as paper products and clothing are made from various recycled materials. Buying recycled products closes the loop. RESOLUTION NO. PC -10- o95 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA REVOKING ZONING APPLICATIONS ZA-89-25 AND ZA-92-10 THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, applications were filed by Jesus Garcia, authorized agent for Russell Pange Trust, requesting approval of minor conditional use permit for a recycling facility, located at 739 West 17th Street in a C1 zone; WHEREAS, on November 6, 1989, the Zoning Administrator approved Zoning Application ZA-89-25 for a minor conditional use permit for a recycling center at the subject location; WHEREAS, on December 1, 1992, the Zoning Administrator approved Zoning Application ZA-92-10 for a minor conditional use permit for the relocation and expansion of a previously -approved recycling center at the subject location; WHEREAS, a review of the minor conditional use permits were requested by Commissioner Mensinger to determine if the minor conditional use Oermits should be modified or revoked on the basis of being a public nuisance; and WHEREAS, a duly noticed public hearing was held by the Planning Commission I'I on July 12, 2010, and continued to August 9, 2010. i BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A," the Planning Commission hereby REVOKES Zoning Applications ZA-89-25 and ZA-92-10 with respect to the property described above. PASSED AND ADOPTED this 9th day of August, 2010. JaMORigh6imer, Chair sta Mesa Planning Commission STATE OF CALIFORNIA COUNTY OF ORANGE )ss I, Khanh Nguyen, 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 August 9, 2010, by the following votes: AYES: COMMISSIONERS: RIGHEIMER, FITZPATRICK, MCCARTHY, MENSINGER NOES: COMMISSIONERS: CLARK ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE Khanh Nguyen, Costa Mesa Pie Commission ZA-89-25 and ZA-92-10 EXHIBIT "A" FINDINGS A. Revocation of ZA-89-25 and ZA-92-10 was initiated because the operation of the use (a recycling facility) was determined to constitute a public nuisance pursuant to Municipal Code Section 13-29(o) (Enforcement Authority). Based on the evidence,- submitted vidence -submitted into the public record, the use. is not being operated in compliance with the conditions of approval for ZA-89-25 and ZA-92-10, specifically: 1. The recycling facility is not being operated in a manner deemed compatible with surrounding properties and uses. From July 2009, to the present, the City has documented code enforcement and Planning staff inspections of the use identifying the following concerns: excessive noise related to employees pouring recycled materials into containers at the facility; odors stemming from used beverage containers, the operator's failure to maintain the cleanliness of the facility; customers loitering during and outside of business hours; customers parking on adjacent properties to use the recycling facility. The conditions of approval of ZA-89-25 and ZA-92-10 were designed to minimize these types of impacts. 2. The use creates a negative visual impact on West 19�' Street, due to lack of property maintenance. Specifically, the containers generally have an unsightly, "battered" appearance; the landscape planters surrounding the facility have not been adequately maintained due to high use of the facility by customers; and the high volume of for recyclables received at this location requires the staging of a commercial truck on a long-term basis, in lieu of a second recycling container. 3. A significant degree of City staff resources has been devoted to the use as a result of complaints related to the use and continual enforcement of noise and property maintenance issues. The business owner/property owner has failed to rectify the problems to be in compliance with the minor conditional use permit requirements to the satisfaction of the City. 4. Issues related to noise, odors, loitering, and property maintenance are not prevalent at other recycling facilities in the City as they are at this location. According to City records, the City has had no complaints related to noise, odors, loitering, property maintenance, etc. related to the operation of the recycling facilities at other locations in the City. 5. Modifications to the conditions of approval for ZA-89-25 and ZA-92-10 are not sufficient.to address the adverse impacts to surrounding properties. Revocation will require cessation of the current use and a similar use cannot be established in the future unless a new Zoning Application is submitted and approved. 6. The intensity and scale of the recycling facility is inappropriate for a prominent parking lot location adjacent to West 19th Street, a major arterial designated as an "urban path" in the City's 2000 General Plan. Given the high volume of recycling occurring at this facility, the facility is considered out -of -scale with the intended function of minor recycling facilities which are approved in parking lots pursuant to a minor conditional use permit. 7. If the minor conditional use. permits are revoked, the City will remain in compliance with all applicable provisions of State Law as it pertains to recycling and waste management. Specifically, revocation would not result in an unserved °b � ZA-89-25 and ZA-92-10 "convenience zone" as defined by State Law because the area would continue to be served by the existing recycling facility at Von's Market. Additionally, per the letter submitted into the public record by the Costa Mesa Sanitary District dated August 9, 2010, revocation of the minor conditional use permits would not compromise the Integrated Waste Management Plan because the City's Sanitary District separates recyclables from regular trash to comply with the applicable beverage container diversion goals. 8. The use is not being operated in compliance with the conditions of approval for ZA-89-25 and ZA-92-10 in that the original approval was for a neighborhood recycling facility approved to operate within the parking area for the 739 W. 19th Street property. Based on the evidence submitted into the record, the original operation has expanded to the scale and intensity of a regional recycling facility, processing approximately 4.2 million pounds of recyclable materials annually. This expansion has resulted in a scale and intensity of use beyond the boundaries of the subject property, requiring the use of the parking area for the adjacent 709 W. 19th Street property for the unloading of recyclable materials by customers. B. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines; and the City's environmental ;procedures, and has been found to be exempt from CEQA under Section 15321 for Enforcement Actions by Regulatory Agencies. C. The project is exempt from Chapter XII, Article 3, Transportation System !Management, of Title 13 of the Costa Mesa Municipal Code. - ATTACHMENT 6 MINUTE EXCERPTS C65 07-12-10 Approved Planning Commission Minute Excerpt for ZA-89-25 & ZA-92-10 4. Application No.: ZA-89-25 and ZA-92-10 Site Address: 739 W. 19th Street Applicant: Jesse Garcia Zone: C1 Environmental Determination: Exempt Description: Review, modification, and/or revocation of Minor Conditional Use Permit ZA-92-10 for a recycling center with a maximum of two containers in a commercial shopping center. The Chair announced that the public could speak on this item tonight or at the continued meeting date of August 9, but not at both meetings. He asked Senior Planner Mel Lee to review the item. Mr. Lee briefly reviewed the information in the staff report and noted receipt of a request for continuance to the meeting of August 9. The Chair opened the public hearing. Edward Carmona, Center Street, Costa Mesa, opposed the recycling center stating that the containers with cans and trash destroy the City and this recycling center does not belong there. The Chair explained that the Planning Commissioners received calls on this item and Commissioner Mensinger brought this item up for review. Patricia Chen, attorney for applicant, said she requested a continuance to allow time for her to speak with Cal Recycle and poll the customers. She said the applicant is willing to do whatever is necessary to keep this recycling center in business. MOTION: Continue to the Planning Commission meeting of August 9, 2010. Moved by Commissioner Colin McCarthy, seconded by Commissioner Jim Fitzpatrick. Commissioner Mensinger supported the motion and Commissioner McCarthy suggested that the applicant talk with their neighbors. Commissioner Fitzpatrick also suggested that the applicant focus on neighbors' concerns and be site specific. Commissioner Mensinger reiterated that he brought this item up for review and asked the applicant to focus on best practices for this use. The motion carried by the following roll call vote: Ayes: Chair James Righeimer, Vice Chair Sam Clark, Commissioner Jim '1 NO Fitzpatrick, Commissioner Colin McCarthy, and Commissioner Stephen Mensinger Noes: None. Absent: None. 08-09-10 PC Minute Excerpt for ZA-89-25 and ZA-92-10 Unofficial Until Approved 3. Application No.: ZA-89-25 and ZA-92-10 Site Address: 739 W. 19th Street Applicant: Jesse Garcia Zone: C1 Proj. Planner: Mel Lee Environmental Determination: Exempt Description: From the meetina of July 12. 2010. review. modification. and/or revocation of Minor Conditional Use Permit ZA-92-10 for a recycling center with a maximum of two containers in a commercial shoaaina center. The Chair confirmed with Senior Planner Mel Lee for the record that the applicant received a copy of Costa Mesa Sanitary District's letter dated August 9, 2010. Regarding ex parte communications, Commissioner McCarthy said he spoke to neighbors in the area and the Chair, Commissioner Fitzpatrick, and Commissioner Mensinger said they received e-mails. Steven Miles and Patricia Chen from Miles + Chen Law Group, representing Garcia Recycling, gave presentations. Mr. Miles stated for the record that the photographs provided during staff's review of the agenda report were outdated and do not reflect what is current. Jesse Garcia, property owner, provided some additional information. Franca Carmona, Center Street resident, noted her only objection was the location of the recycling center. Claudette Mekalian, Newport Beach, supported the recycling center and the jobs it provides. Vince Panico, Huntington Beach, spoke in support of the recycling center and said he has been a customer of this business for over 10 years. Chuck Perry, Costa Mesa, expressed concerns regarding the growth of this business and spilled liquids. Eric Larsen, Costa Mesa, supported the recycling center. 10 LaVonn Larsen, Costa Mesa, spoke in favor of the recycling center and its employees and said this business provides her income. MOTION: Revoke Zoning Applications ZA-89-25 and ZA-92-10, by adoption of Planning Commission Resolution PC -10-25, based on the evidence in the record and the findings contained in Exhibit "A" of the supplemental memo dated August 4, 2010, with modifications to Findings "A", "A.7", and the addition of a new finding "A.8", adopted as follows: FINDINGS A. Revocation of ZA-89-25 and ZA-92-10 was initiated because the operation of the use (a recycling facility) was determined to constitute a public nuisance pursuant to Municipal Code Section 13-29(0) (Enforcement Authority). Based on the evidence submitted into the public record, the use is not being operated in compliance with the conditions of approval for ZA-89-25 and ZA-92-10, specifically: 7. If the minor conditional use permits are revoked, the City will remain in compliance with all applicable provisions of State Law as it pertains to recycling and waste management. Specifically, revocation would not result in an unserved "convenience zone" as defined by State Law because the area would continue to be served by the existing recycling facility at Von's Market. Additionally, per the letter submitted into the public record by the Costa Mesa Sanitary District dated August 9, 2010, revocation of the minor conditional use permits would not compromise the Integrated Waste Management Plan because the City's Sanitary District separates recyclables from regular trash to comply with the applicable beverage container diversion goals. 8. The use is not being operated in compliance with the conditions of approval for ZA-89-25 and ZA-92-10 in that the original approval was for a neighborhood recycling facility approved to operate within the parking area for the 739 W. 19th Street property. Based on the evidence submitted into the record, the original operation has expanded to the scale and intensity of a regional recycling facility, processing approximately 4.2 million pounds of recyclable materials annually. This expansion has resulted in a scale and intensity of use beyond the boundaries of the subject property, requiring the use of the parking area for the adjacent 709 W. 19th Street property for the unloading of recyclable materials by customers. Moved by Commissioner Stephen Mensinger, seconded by Commissioner Jim Fitzpatrick. SUBSTITUTE MOTION: Receive and file. Moved by Vice Chair Sam Clark, seconded by Commissioner Colin McCarthy. During discussion on the substitute motion, Commissioner McCarthy withdrew his second and the motion died. The Chair called a recess at 8:23 p.m. and resumed the meeting at 8:32 p.m. The Chair asked that an. additional finding be included regarding the scale and intensity of use and Mr. Lee agreed to incorporate the finding. The maker and seconder of the original motion also agreed. SUBSTITUTE MOTION: Revoke Zoning Application ZA-89-25 and modify Zoning Application ZA-92-10, by adoption of Planning Commission resolution, based on the evidence in the record and the findings contained in Exhibit "A" on handwritten Page 8, subject to modified conditions in Exhibit "B" on handwritten Pages 9 and 10. Moved by Vice Chair Clark. The motion died for lack of a second. The Chair called for a vote on the original motion. The motion carried by the following roll call vote: Ayes: Chair James Righeimer, Commissioner Jim Fitzpatrick, Commissioner Colin McCarthy, and Commissioner Stephen Mensinger Noes: Vice Chair Sam Clark Absent: None. The Chair explained the appeal process. IN ATTACHMENT 7 CORRESPONDENCE IN CHRONOLOGICAL ORDER TO PRESENT ql October 5, 1992 Costa Mesa Zoning Administration P.O- Box 1.200 Costa Mesa, CA 92628-1200 Dear Sirs: r 0 C T 9 1992 This letter is in response to your notice sent to the Wallace Woods Apartments located at 759 W. 19th Street, Costa Mesa, regarding the zoning ZA-92-10 for Russell E. Pang "for a minor conditional permit for the relocation and expansion of an existing recycling center—located at 739 W. 19th Street in a Cl zone." As a representative of the owners of the Wallace Woods Apartments and their residents, I would like to voice my complaint and urge you NOT to allow this expansion. I am as much an environmentalist as the next person and believe that recycling is a must, and we should do all we can to promote this in our society. Unfortunately, without proper planning, the good we try to do can sometimes be more damaging to the environment. This area, as you know, is already plagued with crime, graffiti, loitering, etc. As the property owner's representative, I do all I can for the beautification of my property and its surroundings. We have just recently painted the building. We pick up trash in front on Wallace and on 19th Street. ..three times daily! The expansion of this recycling center will create an uneasy appearance in our neighborhood, in addition to a terrible odor. It is directly across the street and is currently an eye sore. The bar across the street next to the recycling center is also a huge problem. The clientele of the recycling center often frequent this bar with their new found wealth and thus create a nuisance in the neighborhood (i.e., shoot- outs weekly). The last thing we need is more of the same. If you allow this expansion, not only will it affect the appearance, but it could possible raise the crime rate in this area. L'ABRI MANAGEMENT INC. 8141 EAST 2ND STREET • SUITE 500 • DOWNEY, CALIFORNIA 90241 • (310) 861-9294 • (714) 739-1742 ��D- Costa Mesa Zoning Administration October 5, 1992 Page Two I urge you to relocate this on an area with less traffic. A grossly populated residential area is NOT the place for a recycling center! Sincerely, Kenneth B. Treiger Property supervisor KBT : ds CC., R. Kolar J. Harris �j 75Z G 7m 'e27- Cosr.4 Pe!�,4, 9216-7-7 M6� 514 2-0411A)Cvto ftUhl�Nl S%ZfaTD1Z Z,6 Z6 - G,6�)V N y L15 ,�D,tiJEOGv�(I S 14r 75L y LJTTe/4'fPT Tb w,e� dbJEGT 57xE,U�� 2� � 4A�4E T� Nk�Y>� egUT�� ©2 V rr '4r ff- iUq,N E S /� / r A-5 &,R,5,4 750 I 1114/.s�j CrA�'P�A�E r����tD S 1�7� T�f� f��� • ul� � �� PE2soN�GL Y � T/-4 1N �U//� Nc�GolauT Tb % RECYGGIN� �N C2 Me X/Tg T,%�T /�1� ffTTR'1BUT�0�/zE�i� �y rp TI -le 15Xf 57 //j pfL "Ro �o�1S�ED 1,7,sr.�f B94 �ii/D TffpT zDN� YAQ/AitJG�" s'� � /,tJDrU�!�D avR xoIOL527-Y is corvT�i�/UoUS�-Y G ypU.C�S VffY 7I Y NOVEMBER 17, 1992 COSTA MESA ZONING ADMINISTRATOR CITY OF COSTA MESA P.G. BOX 1200 COSTA MESA, CA 92628-1200 RE: ZONING ACTION ZA-92-10 FOR JESUS GARCIA TO WHOM IT MAY CONCERN: NOV 2 3 1992 Imo"-ir'L:'�__.....� WE ARE SUBMITTING WRITTEN COMMENTS REGARDING THE ABOVE APPLICATION: FIT WILL FURTHER DEPRECIATE OUR HOME AND THE EXISTING HOMES, IN THE AREA. THIS AREA IS ALREADY STRUGGLING WITH A NUMBER UF PROBLEMS. THIS WILL CAUSE US TO RECONSIDER HOME IMPROVEMENTS! -?FIT WILL BRING IN TRANSIENTS BRINGING THEIR COLLECTED GOODS FOR MONEY. (DRUNKARDS SLEEP, URINATE, AND LEAVE TRASH HIDING BESIDE THE TRASH CENTERS.) *THERE ARE A NUMBER OF ALREADY ESTABLISHED RECYCLING CENTERS IN THE CITY. (EX: ORANGE COAST COLLEGE, STATER BROS. MARKET) )FWITH RECYCLED TRASH COMES ODORS, UNKEPT AREAS, AND UNNECESSARY NOISE AND TRASH. (WITH THE PRESENT PLACEMENT OF THE RECYCLING CENTER NOISE OF THE RECYCLING CENTER CAN BE HEARD Oni BOTH SIDES OF THE 700 CENTER ST. WHAT WOULD THE MOVING THE CENTER 100 YRDS. DO?) WE ARE ANGRY! NEIGHBORHOOD. i THIS WILL NOT BE TOLLERATED IN OUR r----------- ---------------- cl --- — C -------------------------- ------ — ____——---------- -95 zlwl�vell- EN-OV.2 3 1992 I NOVEMBER 17, 1992 .. .____.---_ COSTA MESA ZONING ADMINISTRATOR CITY OF COSTA MESA P.O. BOX 1200 COSTA MESA, CA 92628-1200 RE: ZONING ACTION ZA-92-10 FOR JESUS GARCIA TO WHOM IT MAY CONCERN: WE ARE SUBMITTING WRITTEN COMMENTS REGARDING THE ABOVE APPLICATION: SIT WILL FURTHER DEPRECIATE OUR HOME AND THE EXISTING HOMES IN THE AREA. THIS AREA IS ALREADY STRUGGLING WITH A NUMBER OF PROBLEMS. THIS WILL CAUSE US TO RECONSIDER HOME IMPROVEMENTS! *IT WILL BRING IN TRANSIENTS BRINGING THEIR COLLECTED GOODS FOR MONEY. (DRUNKARDS SLEEP, URINATE, AND LEAVE TRASH HIDING BESIDE THE TRASH CENTERS.) *THERE ARE A'NUMBER OF ALREADY ESTABLISHED RECYCLING CENTERS IN THE CITY. (EX: ORANGE COAST COLLEGE, STATER BROS. MARKET) *WITH RECYCLED TRASH COMES ODORS, UNKEPT AREAS, AND UNNECESSARY NOISE AND TRASH. (WITS-{ THE PRESENT PLACEMENT OF THE RECYCLING CENTER NOISE OF THE RECYCLING CENTER CAN BE HEARD ON BOTH SIDES OF THE 700 CENTER ST. WHAT WOULD THE MOVING THE CENTER 100 YRDS. DO?) WE ARE ANGRY! THIS WILL NOT BE TOLLERATED IN OUR NEIGHBORHOOD. ------------___--_ ��P May 22, 2000 CITY OF COSTA MESA CALIFORNIA 92628.1200 P.O. BOX 1200 +�eanRwbaamolRvrRNrp�pA+�oNaa'�1ms�.MwlNnm�+rnrMear�uLltl.ftlr. V aam�ci�ae� DEVELOPMENT SERVICES DEPARTMENT Mr. Jesus Garcia 1306 S. Shawnee Drive Santa Ana, CA 92704 RE: MINOR CONDITIONAL USE ZA-92.10 739 WEST 19T" STREET, COSTA MESA Dear Mr. Garcia: CERTIFIED MAIL The City has received many complaints regarding your recycling business at the subject property. Complaints include generation of trash and debris around the facility, the attraction and congregation of transients, and the harassment of customers going into Smart and Final, all of which are detrimental to other businesses in the area. Your business is operating under a minor conditional use permit (MCUP), which you obtained in 1989 and modified in 1992. However, the findings used to justify the MCUP can no longer be made, and the conditions of approval are not being consistently complied with; therefore, the recycling use needs to be discontinued. A MCUP is approved when it can be shown that the proposed use is compatible with other uses in the. area and that it is not detrimental to the health, safety and general welfare of the public. However, recent complaints indicate that the recycling use is not compatible with the area and is detrimental to the public. Additionally, one -of the conditions of approval required that the area surrounding the containers be kept free of debris; many complaints have been received regarding the amount of debris in the area of the recycling center. These matters have been pending for some time now. I understand that Code Enforcement has made repeated attempts to gain compliance with the conditions of both MCUPs without success, therefore, the recycling center needs to be removed as soon as possible. 'By June 2, 2000, 1 will need written verification of the date you will be removing the recycling center, and you will have until June 16, 2000 to vacate the premises. Failure to do so may result in legal action. 77 FAIR DRIVE Building Olvlslon (714) 7545273 - Code Enforcement (714) 754-6623 Planning Division (714) 754.5245 FAX (714) 754-4856 - TDD (714) 754-5244 I am sorry these issues were not settled, but a resolution to this matter is essential. If you have any questions or concerns, please call me at (714) 754-5153; the best time to reach me is between 8 a.m, and 12 noon, Monday through Friday. Sincerely, �/� �✓ W4,I BOUWENS-KILLEEN -f8`enior Planner Cc: Sandra Benson, Chief of Code Enforcement Ron Johnson, Code Enforcement Officer Dr. Russell Pange 1831 Orange Avenue, Unit E Costa Mesa, CA 92627 11 I i b_ C [..I V f_1; D�1tt .Ut-frf:I'�'f SE-010EG C)c:PAHTf�tEid F'nud-SU t b H PP tes ustmsn• nrrn. June 6, 2000 AM PMI Stuart & t'Inal SkIrY6 Corp-omdon 7 I E3 19 1 "1 t 4 t r. l P.q. Box 312,11 Mr. Ron Johnson l na AnRPIe,, Califontix A00t)1-0377 Code Enforcement :123-860• 7.i(Nl Costa Mesa City Hall +wwsmartandfinal.rmn Via Facsimile (714) 754-4856 Re: Recycling Center at 19th Street Dear Mr. Johnson: As Director of Property Management for the Smart and Final stores, I oversee all issues, which affect the value of the real estate we occupy. One such property is located in your City at 707 West 19'h Street. It has come to my attention that the recycling center located at, the property next to ours has a permit, which 1s about to be renewed. I strongly oppose the re -issuance of this permit for the following reasons: I believe the original permit was issued for the recycling center to be at the back of the properly. Due to noise, smell, etc. The adjacent neighbors complained and it was moved to the front of the center right on 19'" street. I do not believe the center next to us has enough parking to accommodate this use in front of the center: The recycling center is a visual eyesore • especially when the city is trying to rejuvenate 19th street. When the recycling customers come, they park in the Smart and Final Lot and cut over to the adjacent property which does not have enough parking to accommodate the Tenants and the recycling center. Due to the parking space the recycling area takes, customers who want to shop in that center have to park their cars in the Smart and Final parking lot and cross over. The customers cutting across have damaged the plants and grass. We have had numerous complaints about the smell associated with the empty beer bottles, etc. The element the recycling center has attracted includes transients panhandling in our oarkino lot which has scared many of our shoppers and who have subsequently have refused to shop at this storey Based on the above and more, I have looked into placing a permanent fence at our property line to resolve the problem. ultimately, It would be best if the recycling center was eliminated. Certainly, there are several other sites much more conducive to this use rather than street front on this busy thoroughfare. I would beg the City to seriously consider the overall effect they will have not only for Smart and Final but the other businesses in the area In renewing this permit. If you have any questions, I can be reached at (323) a69-7597. Respectf ' andi Martin, RPA Director of Property Management %I d 6,61"1 'SPI 91 i l � 1 IMS W894",:c 000' 1 'Unr August 3, 2009 CITY OF COSTA MESA P.O. BOX 1200 - 77 FAIR DRIVE - CALIFORNIA 92628-1200 DEVELOPMENT SERVICES DEPARTMENT GARCIA RECYCLING CENTER & METALS INC c/o Jesus Garcia 1115 S Elliott Place Santa Ana, CA 92704 RE: CONDITIONAL USE PERMIT ZA-92-10 739 WEST 19t' STREET Dear Mr. Garcia: In November. 1992, the Zoning Administrator approved ZA-92-10, which allowed a recycling center at the above property; approval was subject to several conditions of approval and code requirements. Occasionally, Planning staff visits the property to ensure the use is operated in compliance with the conditions and requirements. Recently, it was noticed that a truck has been staged at the property throughout the day, business was being conducted outside the containers, and a cashiers unit was placed at the site. To allow for compliance with your minor conditional use permit, the truck and cashiers unit must be removed from the site and all activities for the recycling center must be located inside the container(s). To allow for a timely resolution to this matter, I would like to establish a deadline of August 17, 2009 for complying with the conditions of approval and code requirements. Additionally, the minor conditional use permit was approved for a maximum of two containers to be located on the property. Should you wish to add a second container to the property, a site plan must be submitted and approved by the Planning Division prior to installation. I look forward to your cooperation. If you have any questions or concerns, please call me at 714.754.5609 or email me at rrobbins(a.ci.costa-mesa.ca.us. Sincerely, ��;� L REBECCA ROBBINS Assistant Planner cc: Tim Sun, Code Enforcement Officer X00 Building Division (714) 754-5273 • Code Enforcement (714) 754-5623 • Planning Division (714) 754-5245 FAX (714) 754-4856 • TDD (714) 754-5244 - www ci.costa-mesa.ca.us AR01,111 S•. N LAW G R O U P 9911 Irvine Center Drive, Suite 150 • Irvine, CA 92618 A PROFESSIONAL CORPORATION Phone: 949.788.1425 • Fax (949) 788-1991 A h ri L' S E E i1' G I R 0 N W.- E1\1 T RebOlVed ` '� City of Costa Mesa Development SeNICA$ Department August 19, 2009 AUG 212009 VIA FACSIMILE ((714)7544856) AND U.S. MAIL Rebecca Robbins City of Costa Mesa Development Services Department P.O. Box 1200 77 Fair Drive California, CA 92626-1200 Re: Conditional use Permit ZA-92-10, 739 West 19`" Street, Costa Mesa, California Dear Ms. Robbins; We write on behalf of Garcia Recycling Center & Metals, Inc. ("Garcia Recycling") in response to your letter dated August 3, 2009 regarding Garcia Recycling's facility located at 739 West 19`I' Street. We understand from your letter and a conversation between Fred Canlas, CPA, Garcia Recycling's representative, and Timothy Sun, Code Enforcement Officer, on August 4, 2009, that the City has requested that Garcia Recycling take the following actions: 1. Remove the truck staged at the facility and install a container' that is the same size and same color as the existing trailer to be in hsrmnnv xxAt flip cnrrrnmllinn 1—, �+ I •• the sunoundh-g buildings, Al 2. Tnstall new signs on the containers. with Planning Department's approval. 3. Remove the cashier area from the landscape. 4. Ensure that all staging and materials, trash cans, etc. is contained inside the containers. While Garcia Recycling does not believe that it is in violation of its Minor Conditional Use Permit, it is willing to comply with Items #2-4. As for Item #1, due to the large volume of materials that the facility receives (the facility serves approximately 300 people per day) the facility cannot retain the amount of recyclables it receives in the container and must load the truck throughout the day. A second container would not be sufficient to hold all the recyclables 1o1 Ms. Rebecca Robbins August 19, 2009 Page 2 of 2 received daily at the facility. As you may know, Garcia Recycling is the only recycling facility within a half mile radius and this is likely the reason for the high volume of recyclables at the faclity. We would be happy to meet with the City to discuss potential solutions. By way of background, Garcia Recycling has been in business for over 20 years and it operates four recycling collection centers (including the subject facility) in the cities of Garden Grove, Santa Ana, and Costa Mesa. All facilities are California Collection Centers Certified by the State of California Conservation Department. Garcia Recycling has never been cited for any violations whatsoever in its 20 years of operation. It puts a premium on safety and cleanliness at its facilities and is more than willing to work with the City and the community to alleviate any potential issues caused by its operations. I will be contacting you to set up a meeting shortly. Should you have any questions in the meantime, please feel free to contact me. cc: Fred N. Canlas, CPA M. Patricia J. Chen March 18, 2010 CITY OF COSTA MESA P.O. BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92628-1200 "'�"' ar.r �' -m_�erc :.xrx+ssa.-uac•.ruua� DEVELOPMENT SERVICES DEPARTMENT GARCIA RECYCLING CENTER & METALS INC c/o Jesus Garcia 1115 S Elliott Place Santa Ana, CA 92704 RE: CONDITIONAL USE PERMIT ZA-92-10 739 WEST 19" STREET Dear Mr. Garcia: In November 1992, the Zoning Administrator approved Minor Conditional Use Permit ZA-92-10 (MCUP), which allows a recycling center at the above property; approva[was subject to several conditions of approval and code requirements. It was observed in mid 2009 that the business was being conducted outside the containers, a cashiers unit was placed next to the containers, and a landscaped island was paved. In several meetings with you since, we have discussed these issues as well as different locations on the property for your business, given the high traffic volume, to minimize noise impacts to the abutting residential properties. I haven't heard from you in a while and we need to resolve this matter. To allow a timely resolution to this matter, I would like to establish a deadline of April 15, 2010 for complying with the conditions of approval and code requirements (by rnnrli trtirlg all hwiginceg inside the �Ontuin%110 r cm%J 11 Ig tl ie CaBiiiers ui lit, and replacing the landscaping) or applying for an amendment to the previously approved MCUP. If the deadline above in not met, the matter will be forwarded to Code Enforcement for further action. I look forward to your cooperation. If you have any questions or concerns, please call me at 714.754.5609 or email me at rrobbins(a)ci.costa- mesa.ca.us. Sincerely, n REBECCA ROBBINS Assistant Planner cc: Tim Sun, Code Enforcement Officer 403 Building Division (714) 754.5273 • Code Enforcement (714) 754-5623 • Planning Division (714) 754-5245 FAX (714) 754-4856 • TDD (714) 754-5244 - www ci.costa -mesa. ca. us !t i'� A -ZA -'69- 9,5Y--;ZA-% to Attachments: Letter to Planning Commission re Garcia Recycling 071210.pdf; Attachment 1.pdf; Attachment 2.pdf; Attachment 3.pdf; Attachment 4.pdf; ATTACHMENT 5 v2.doc From: Patricia J. Chen [mailto:pchen@miles-chen.com] Stint: Monday, July 12, 2010 1:55 PM To: LEE, MEL Cc: ROBBINS, REBECCA; david.rodriguez@conservation.ca.gov; 'Garcia Recycling'; fredcanlas@aol.com Subject: FW: Garcia Recycling - Item 4 - Planning Commission Meeting tonight I apologize for the repeat email. I reduced the size of Attachment 5 (it kept getting bounced) and I wanted to resend with all the documents. Thanks for your patience. Pat From: Patricia J. Chen [mailto:pchen@miles-chen.com] Sent: Monday, July 12, 2010 1:19 PM To: 'mlee@ci.costa-mesa.ca.us' Cc: 'rrobbins@ci.costa-mesa.ca.us'; 'david.rodriguez@conservation.ca.gov'; 'Garcia Recycling'; 'fredcanlas@aol.com' Subject: Garcia Recycling - Item 4 - Planning Commission Meeting tonight Mel, Please find the attached correspondence for the Planning Commission. Please let me know if you have any difficulty opening any of the documents. I understand that you will provide a copy of our correspondence to each of the commissioners for the meeting tonight. Thank you for your assistance and cooperation. Pat Patricia J. Chen, Esq., LEED AP 9911 Irvine Center Drive, Suite 150 1 Irvine, CA 92618 1 (213) 804-8000 cid:6DF99365-4CF1-4BD4-8B6B-. This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact me and delete all copies. 07/12/2010 MILES* CHEN LAW GROUP 9911 Irvine Center Drive, Suite 150 • Irvine, CA 92618 Phone: 949.788.1 42S • Fpx (949) 788-1991 July 12, 2010 VIA EMAIL (mlee@ci.costa-mesa.ca.us) Planning Commission City of Costa Mesa c/o Mr. Mel Lee Senior Planner P.O. Box 1200 77 Fair Drive California, CA 92626-1200 A PROFESSIONAL CORPORATION Re; Conditional Use Permit ZA-92-10, 739 West 19`h Street, Costa Mesa, California Dear Gentlepersons: We understand from Mr. Lee that the Planning Commission cannot continue the hearing without a hearing on our request for a continuance. As such, in the interest of providing the Planning Commission with as information concerning the operation of Garcia Recycling Center & Metals, Inc. ("Garcia Recycling") prior to the hearing, we hereby submit our preliminary response to the issues raised in the staff report. Given the short time frame, we respectfully reserve the right to supplement our response both at the hearing and following the hearing. We would reiterate that in order to preserve Garcia Recycling's due process rights, particularly where a vested right may be extinguished, a continuance of the hearing to allow Garcia Recycling to make a proper presentation to the Commission is merited. As a threshold matter, we believe it is important for the Commission to contextualize the operations of Garcia Recycling. Garcia Recycling has been in business for over 20 years and it operates four recycling collection centers (including the subject facility) in the cities of Garden Grove, Santa Ana, and Costa Mesa. All facilities are California Collection Centers Certified by the State of California Conservation Department. In 1986, the Legislature passed the California Beverage Container Recycling and Litter Reduction Act aka "The Bottle Bill" (AB 2020). The intent of the bill was to encourage increased, and more convenient, beverage container redemption opportunities for all consumers to meet the goal of recycling 80 percent of all beverage containers. See Pub. Res. Code § 14501. "It is the intent of the Legislature to make redemption and recycling convenient to consumers, and the Legislature hereby urges cities and counties, when exercising their zoning authority, to act favorably on the siting of multimaterial recycling centers, reverse vending machines, mobile recycling units, or other types of IDS ' Planning Commission July 12, 2010 Page 2 of 4 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(e). Furthermore, in 1989, Legislature passed the California Integrated Waste Management Act of 1989 ("AB 939"). This bill created the California Integrated Waste Management Board ("CIWMB") and set up a new mandate for local jurisdictions to meet diversion goals. AB 939 mandated local jurisdictions to meet solid waste diversion goals of 25 percent by 1995 and 50 percent by 2000. The CIWMB would determine this diversion by looking at the base -year solid waste generation (waste normally disposed of into landfills) to determine the amount of solid waste diverted. To help in the increase of diversion rates, each jurisdiction was required to create an Integrated Waste Management Plan that looked at recycling programs, purchasing of recycled products and waste minimization. The Bottle Bill helps local jurisdictions meet the diversion goals set forth in AB 939 by assisting consumers in diverting beverage containers from landfills to recycling facilities. The Bottle Bill requires that "there shall be at least one certified recycling center or location within every convenience zone that accepts and pays the refund value, if any, at one location for all types of empty beverage containers and is open for business during at least 30 hours per week with a minimum of five hours of operation occurring during periods other than from Monday to Friday from 9:00 a.m. to 5:00 p.m." Pub. Res. Code § 14571(a). The City of Costa Mesa has been quite successful in meeting its diversion rate targets in part because of the recycling facilities that serve the City. In 2008, the City exceeded its diversion target by 2.4 lbs/person/day. See Attachment 1. In 2008, Garcia Recycling contributed to this diversion by purchasing a total of 4,158,721 pounds of beverage containers at its facility in Costa Mesa. See Attachment 2. At this facility, Garcia Recycling believes it handles more than twice the volume of any other recycling facility in the City. This is because Garcia Recycling serves three convenience zones, 1372, 1373, and 5314, and for convenience zones 1372 and 1373, it is the only recycling facility in those zones. See Attachment 3. Thus, if the Commission revokes Garcia Recycling's permit, two convenience zones will be in violation of the Bottle Bill. It is also located in the center of the Hispanic community in Costa Mesa and because this community has been hit especially hard by the economy, more residents are recycling. 1 We have not had the opportunity to examine the City's Integrated Waste Management Plan. However, to the extent Garcia Recycling is included in the non -disposal element (or any other element) of the Plan, if Garcia Recycling is forced to cease operations, the loss of beverage container diversion may compromise the Plan. s Planning Commission July 12, 2010 Page 3 of 4 Garcia Recycling has been working with the City staff to address the issues resulting from this high volume traffic at the facility since August 2009. As recognized by staff, Garcia Recycling (1) removed the cashiers unit; (2) installed landscaping; (3) painted the containers and cleaned up the signage; and (4) attempted to replace the staged truck with a second container. With respect to the staged truck, Garcia Recycling believes that the original minor use permit (ZA-89-25) was approved with a staged truck. See Staff Report at 20 ("My plan is to park at the location above 1 tone (sic) truck to buy aluminum cans, plastic [bottles] and glass bottles."); Letter from City of Costa Mesa to Dr. Russell Pang dated December 3, 1991 ("It is my understanding that the business owner has expanded from the one truck originally approved (that would cover one parking space) to two truck trailers as well as the original truck.") attached as Attachment 4. Notwithstanding this, Garcia Recycling has been working with the City to address its concerns about the staged truck. It tried using another container, but since the containers must be loaded onto a truck a minimum of twice a day, it believes that the loading and unloading of containers is actually more disruptive than simply staging a truck which departs when the container is full. In sum, staff has identified two remaining issues: (1) business being conducted outside containers and (2) truck is still staging at the site. Garcia Recycling acknowledges that some business is conducted outside the containers, but we believe it is the only way it can operate since the containers are extremely hot inside, especially during the summer. In fact, all recycling facilities in the vicinity operate in this manner. See Attachment 5 (pictures of other recycling facilities in the area demonstrating that bags and bins of beverage containers are inevitably staged outside of the containers). As such, Garcia Recycling believes it is being unfairly treated by the City on this issue. With respect to the truck being staged at the site, Garcia Recycling is willing to use the second container once again if this is what the City desires, despite the impacts of the loading and unloading of the containers. We understand that staff has given you two options with respect to the zoning applications and we strongly urge you modify Garcia Recycling's minor conditional use permit rather than revoke it.. The record simply does not contain enough evidence to justify revoking the permit. Moreover, we have reviewed the proposed modifications and Garcia Recycling is willing to agree to all the conditions set forth in the staff report (pp. 5-6), including constructing a iron fence along the easterly property line if the owner of the adjacent properties agree to it and the City approves it. In our opinion, Smart and Final benefits from Garcia Recycling customers many of who visit Smart and Final after selling their beverage containers. However, Garcia Recycling's foremost priority is to maintain its good relationship with the community and the City. It is clear that the issue here is one of NIMBY — while the facility is indisputably necessary and benefits the environment; no one wants it in his/her backyard. Garcia Recycling's high volume of customers is both a blessing and a curse. While recycling so many beverage containers is certainly good for the environment as a whole, it inevitably impacts the neighboring tU� Planning Commission July 12, 2010 Page 4 of 4 surroundings. Garcia Recycling has made every effort (and will continue to make every effort) to minimize these impacts by operating a clean, efficient recycling facility. Furthermore, Garcia Recycling is more than willing to work with the City and the Division of Recycling in the Department of Resources Recycling and Recovery (the "Department") to determine whether moving the facility to another site or adding another facility would be in the best interest of the community and the City. With the support of the City and the Department, Garcia Recycling is willing to move and/or add an additional facility. We appreciate your consideration on this matter and look forward to answering any questions at the hearing. cc: Fred N. Canlas, CPA (via email) Jesus Garcia (via email) Rebecca Robins (via email) David Rodriguez (via email) Sincerely, Patricia J. Chen Mr AXI A:'ITl�hil� �0l Patricia J. Chen From: Knapp, Christine [OCWR] [Christine,Knapp@ocwr.ocgov.com] Sent: Friday, July 09, 2010 12:21 PM To: pchen@rniles-chen.com Subject: Attachment B - Diversion Rates by Jurisdiction 2007-08 January 6 2010 REVISED.As Attachments: Attachment B - Diversion Rates by Jurisdiction 2007-08 January 6 2010 REVISED.xis oto Attachment 'B nni"=`cn"nmDiversion Rates \mJurisdiction from 2007through 200 EMU :N:ifi�11311 :lily 13M. 10 MIR BPI j 511 E ij -HUN lijil; Nil Ar"1111 EEL Fountain Valley 6.9 5.21 1.7 6.9 4.3 2.6 L Huntington Beach 10.4 5.5 4.9 10.4 5.3 5.1 4 GO ra in! rge-Uunin cc rporatcd 5.9 5.7 0.2 5.9 0.31 6 Rancho Sant� Margarita 4.8 4.3 0.5 4.8 3.6 1.2 Man Juan Capistrano 11.8 8.5 3.3 11.8 6.6 5.2 A Westminster 6.31 4.7 1.6 6.3 3.71 2.61 Countywide *Diversion Results in pounds per person per day *Note: Anegative Number means that the tons per person per day was higher than the target. ATTACHMENT 2 1�1 I GARCIA RECYCLING CENTER & METALS, INC. SCHEDULE OF RECYCLING PURCHASES YEAR 2008 W JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC YEAR LBS. LBS. LBS. LBS. LBS. LBS. LBS. LBS. LBS. LBS. LBS. LBS. TOTAL ALUM CANS 25624 26991 30001 32618 36296 53340 41730 40171 34217 34110 29484 33876 418458 PLASTIC 35057 36959 43954 47742 52612 56001 61931 59896 53351 54556 48833 44764 595656 HDPE #2 6870 7435 7583 84051 8917 10003 9960 9889 9516 9324 8628 10806 107,336 GLASS 211524'206276 241913 264864 279105 292584 295633 277618 262617 237651 223837 243649 3037,271 4158.721 W ATTACHMENT TA CO ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA -ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA ALA Alameda Alameda Alameda Alameda Alameda Albany Berkeley Berkeley Berkeley Berkeley Berkeley Berkeley Berkeley Berkeley Berkeley Castro Valle Castro Valle Castro Valle Castro Valle Dublin Dublin Dublin Emeryville Emeryville Fremont Fremont Fremont Fremont Fremont Fremont Fremont Fremont Fremont Fremont Fremont Zone Stat Market Name 8 UZ 9 UZ 3127 SZ 5641 SZ 6004 SZ 6112 UZ 115 EZ 111 EZ 113 UZ 114 UZ 116 EZ 117 UZ 118 EZ 119 EZ 5216 EZ 5691 UZ 44 SZ 45 SZ 3913 EZ 5643 EZ 64 SZ 5140 SZ 5158 UZ 4446 SZ 5306 EZ 10 Sz 11 UZ 12 SZ 15 SZ 16 SZ 18 SZ 19 SZ 20 SZ 2903 SZ 3935 SZ 4844 UZ sheet 1 CalRecycle/Division of Recycling Status of Convenience Zones and Recycling Centers in Zones In Order by County, City and Convenience Zone Number Report dated 6/28/2010 Encinal Market Market Address Ave Safeway Store 867 Island Dr 94502 Lucky Store 815 Marina Village Pkwy 94501 Trader Joes Market 2217 S Shore Ctr 94501 Safeway Store 2227 S Shore Ctr 94501 Nob Hill Foods 2531 Blanding Ave 94501 Safeway Store 1500 Solano Ave 94706 Andronicos Market 1414 University Ave 94702 Berkeley Bowl 2020 Oregon St 94703 Whole Foods Market 3000 Telegraph Ave 94705 Andronicos Market 1850 Solano Ave 94707 Andronicos Market 2655 Telegraph Ave 94704 Safeway Store 1444 Shattuck Ave 94709 Andronicos Market 1550 Shattuck Ave 94709 Grocery Outlet 2001 4th St 94710 Star Grocery 3068 Claremont Ave 94705 Safeway Store 20629 Redwood Rd 94546 Lucky Store 3443 Castro Valley Blvd 94546 PW Markets 4015 E Castro Valley Blvd 94552 Trader Joes Market 22224 Redwood Rd 94546 99 Ranch Market 7333 Regional St 94568 Safeway Store 7499 Dublin Blvd 94568 Safeway Store 4440 Tassajara Rd 94568 Pak N Save. Market 3889 San Pablo Ave 94608 Trader Joes Market 5700 Christie Ave 94608 99 Ranch Market 34444 Fremont Blvd 94555 Lucky Store 35820 Fremont Blvd 94536 Safeway Store 39100 Argonaut Way 94538 Smart & Final 3171 Walnut Ave 94538 Safeway Store 3902 Washington Blvd 94538 Food Maxx Store 39441 Fremont Blvd 94538 Lucky Store 40055 Mission Blvd 94539 Des Pardes Grocers 8 41081 Fremont Blvd 94538 Lucky Store 34101 Fremont Blvd 94555 Raleys Supermarket 39200 Paseo Padre Pkwy 94538 Lion Food Center 46881 Warm Springs Blvc 94539 Operatnl Decert Cert # Facility Name Facilty Address RC11545 TOMRA Pacific inc 815 Marina Village 6/10/2003 RC13548 TOMRA Pacific Inc 2217 S Shore Cent 11/30/2007 RC13648 TOMRA Pacific Inc 2217 S Shore Cent 11/30/2007 RC13876 NexCycle 3443 Castro Valley 8/29/2008 RC13876 NexCycle 3443 Castro Valley 8/29/2008 RC10374 TOMRA Pacific Inc 7333 Regional St 6/1/2000 RC10374 TOMRA Pacific Inc 7333 Regional St 6/1/2000 RC9431 Alliance Metals RC13824 TOMRA Pacific Inc RC13682 NexCycle RC13369 TOMRA Pacific Inc RC0471 NexCycle RC 13682 NexCycle RC 13907 NexCycle RC0471 NexCycle RC13824 TOMRA Pacific Inc RCI 3369 TOMRA Pacific Inc Page 1 3426 Peralta St 11/18/1998 34101 Fremont Blvi 6/28/2008 39100 Argonaut W., 7/1/2008 39200 Paseo Padre 6/22/2007 3902 Washington E 12/10/1987 39100 Argonaut W; 7/1/2008 40055 Mission Blvd 8/6/2008 3902 Washington E 12/10/1987 34101 Fremont Blvi 6/28/2008 39200 Paseo Padre 6/22/2007 8/15/2007 3/9/2010 8/14/2008 8/14/2008 8/14/2008 8/13/2008 5/14/2003 2/16/2007 8/20/2009 C1 Page 1 sheet 1 ORA Costa Mesa 1362 SZ Stater Bros Mkt 1175 Baker St Ste C 92626 RC1009 ASOCC Recycling CE 2701 Fairview Rd 1/1/1970 ORA Costa Mesa 1363 EZ Vons Market 2701B Harbor Blvd 92626 ORA Costa Mesa 1364 EZ Marukai Market 2975 Harbor Blvd 92626 ORA Costa Mesa 1365 EZ Henrys Marketplace 3030 Harbor Blvd—Ste Q 92626 ORA Costa Mesa 1366 SZ Vons Market 185 E 17th St 92627 RC5957 NexCycle 185 E 17th St 12/17/1994 ORA Costa Mesa 1367 SZ Stater Bros Mkt 2180 Newport Blvd 92627 RC 11667 EarthWize Recycling 2180 Newport Blvd 7/12/2003 ORA Costa Mesa 1371 SZ Ralphs Grocery 380 E 17th St 92627 RC5957 NexCycle 185 E 17th St 12/17./1994 ORA Costa Mesa 1372 SZ Smart & Final 707 W 19th St 92627 RC 11925 Garcia Recycling Cer 739 W 19th St 11/1/2003 ORA Costa Mesa 1373 SZ EI Metate Market 817 W 19th St 92627 RC 11925 Garcia Recycling Cer 739 W 19th St 11/1/2003 ORA Costa Mesa 4574 EZ Irvine Ranch Market 2651 Irvine Ave 92627 ORA Costa Mesa 4953 EZ Albertsons Store 2300 Harbor Blvd 92626 ORA Costa Mesa 5114 EZ Mitsuwa Marketplace 665 Paularino Ave 92626 ORA Costa Mesa 5314 SZ Trader Joes Market 640 W 17th St 92627 RC5957 NexCycle 185 E 17th St 12/17/1994 ORA Costa Mesa 5314 SZ Trader Joes Market 640 W 17th St 92627 RC 11925 Garcia Recycling Cer 739 W 19th St 11/1/2003 ORA Costa Mesa 5981 SZ Mothers Market & Kitc 225 E 17th St 92627 RC5957 NexCycle 185 E 17th St 12/17/1994 C1 Page 1