HomeMy WebLinkAbout- - ZA-89-25 and ZA-92-10 Appeal 3 - 9/7/2010ATTACHMENT 4
A-
--- __w- _-- GARCIA RECYCLING 17j002/002
December 3, 3.993.
ITT OF COSTA MESA
CALIFORNIA wws.1200
DEVELOPMENT SER ACES DEPARTMFAT
Dr= Russell Pang
1831 Orange Avenue
suite E
Costa Mesa, CA 92627
RE n MINOR CONDITIONAL USE PERMIT EA_89_25
RECYCLXNG CENTER
939 WEST 19TH sTREET COST.2L MESA'
Dear Dr. Pang:
P.O. BOX 1200
It has come to Staff 1 s attention that the recycling center approved
under ZA--89-25 is not being conducted as originally approved. It
is ray understanding that the business owner has expanded from the
one truck Originally approved (that would cover ane parkin s
to two truck trailers as well as the original truck. Additionally,
the Operations have been moved to the rear o. a sa e, adjacent to
residentially zoned and developed property.
.As . this use -- and any expansion or modification �- needs a Miner
applied nal use Permit, a hew Minor Conditional Use permit must be
applied or the business, as it .is now being conducted, may be
required to be discontinued, .
I have enclosed the necessary Paperwork. In order to allow the
resolution of this matter . as soon as Possible, I ask that either
the business be returned to -the state originally approved by the
Zoning Aoministrator or that a
December 31, 1991, new application be filed by
77 FAM DRIVE
Bultdtng Dtvislon i71417543S2S o Cada Enf0'09msnv&usln-9 (71417545234 m
Planning Givlsfan (7i4)75d5245
��Mlu M I
� � s ,�'� � �� �� _ � � fir � ��� .'� �y, -✓� „'� a�, " ` +, � a
°Ampj"Y' �� 'sg, rc .F� r
a
I a,
1mv-
...� T
Earthwize Recycling
2180 Newport Blvd.
Garcia Recycling
739 W. 19th Street
I -�
Residents in the community walking to Garcia Recycling
From: Dee Ann Catlin
Sent: Thu 7/8/2010 12:37 PM
To. Jim Fitzpatrick
Cc: 'FLYNN, CLAIRE'; 'NGUYEN, KHANH'; cc389 Costa Mesa; Laura Jimenez
Subject: RE: #389 - Costa Mesa - Recycling
Thank youl Typically in those areas where a Smart & Final is in an unserved zone, we will take in the
recycling at the store. However, having said that, the amount of recycling that those stores actually see is
next to nothing. In those few cases where the amount of recycling is overwhelming (like Store #377 in
San Luis Obispo) we use TOMRA. This would always be our first option for a` certified company.
TOMRA always follows through with any complaints or problems associated with their centers. They man
their centers during certain hours and make sure the area is maintained. The other issue that we find to
be a problem is the location of the center in the parking lot. Placing it in an `area such as it is here in
Costa Mesa is a problem.
Although these centers if they are not run properly can cause problems such as those we have here in
Costa Mesa, it is obvious that a center at this location is an absolute necessity. Removing the center will
create an "unserved zone" for retails in this area and based on the amount of recycling that this center
generates, it would create a huge labor intense burden on all retails in this zone.
These are my recommendations: (Based on the application I can not tell if the applicant is the property
owner or the recycling company) However, I suggest that additional conditions be imposed on both,
requiring that the center be manned during certain hours of each day (as required by statute) and that the
area be maintained daily, removing all trash. I would also include a condition advising that if the
conditions are not met the city will require that the property owner find another recycling company to take
over the center. If possible I would also move the center from the front of the lot to the back.
Please let me know if you have any other questions.
Thanks!
07/09/2010
_TC
.4
:ZA _$ 9- a5p-ZA -?a- IC
Attachments: Recycling center 001.jpg; Recycling center 002.jpg; Recycling center pic 3.jpg
From.: Dee Ann Catlin[mailto:Dee.Catlin@smartandfinal.com]
Sent: Monday, July 12, 2010 9:51 AM -
Tc: Jim Fitzpatrick
Cc. NGUYEN, KHANH; LEE, MEL
---Subject:-FW:-#389 --Costa-Mesa- Recycling---- --------------------- ------ --
Hi Jim, Here are some pictures of the recycling area that our manager took this morning. As you can
see, it is a very busy center and removing would not.be good for local businesses. However, moving it to
a different area would probably be a better solution.
Let -me know if you have any questions.
Thanks!
From. cc389 Costa Mesa
Seat: Monday, July 12, 2010 8:06 AM
To: cc389 Costa Mesa; Dee Ann Catlin; Rosie Squieri
Cc: Donald Alvarado; Monika Harmon; Laura Jimenez
Subject: FW: #389 - Costa Mesa Recycling
Hello,
I added picture #3
The guys just opened 7:55 am and their is about 25 to 30 people waiting for to start recycling.
Thanks again
Tim
SMART &Gni! SAL
C{ 3009
From, cc389 Costa Mesa
Sent: Monday, July 12, 2010 7:56 AM
To: cc389 Costa Mesa; Dee Ann Catlin; Ron Graves; Rosie Squieri
Cc: Donald Alvarado; Monika Harmon; Laura Jimenez
Subject: RE: #389 - Costa Mesa Recycling
Hello,
,I wanted to take some pictures and send in to show the amount of recycling this center does on a daily
basis. These pictures were taken at about 7:30 this morning and every morning we have the same
amount of people waiting for it to open. It would be next to impossible for us to take in this amount of
recycling. This center is usually this busy from open to close and they usually have 4 to 5 employees
manning this bin, and have a Full truck switched out half way through the business day. I will be going
`�6
0'7/10/0010
. j
d
on vacation next week and wanted to give everyone a clear picture of how busy this bin is.
Picture 001 shows the line of recyclers and a bicyclist coming up with his recycling to get in line.
Picture 002 shows the line of people and a car waiting to unload when center opens.
Thanks,
Tim
SMART & FINAL.
CC369
From: cc389 Costa Mesa
Sent: Wednesday, July 07, 2010 10:54 AM
To: Dee Ann Catlin; Ron Graves; Rosie Squieri
Cc: Donald Alvarado; Monika Harmon; Laura Jimenez
Subject., RE: #389 - Costa Mesa Recycling
Hello, Dee Ann
I would agree with the bullet points in this letter 100%. The foreseeable issues we will have is way to
much recycling for our store to handle this recycling center does so much business I am amazed that
there is that much to recycle in Costa Mesa. We have cars, truck wagons, wheel barrels you name it full
everyday heading to this center for recycling. The last thing I would want is all of the transients walking
through our store with recycling leaking and causing a mess, and security issues.
I had this issue at CC418 years ago and it was a hassle. We would recycle at store level give customers
cash back on recycling when you have someone come in with 5 to 6 bags full and you would have to
hand count each can and bottle. We would then have to give them cash back through
credit key, and then we would have to re bag all recycling and then load all recycling
into my car and drive it to a recycling center. I would have to separate and recycle at
center, and get receipt from center go into store (Ralph's and get money from clerk at
register) I then would return to store put money back into register, and closer would
enter moneys into check out so store would balance out on check out.
I feel this would be a huge issue for our store if we had to recycle in store it would be a night mare.
Thanks,
Tim
SMART & FINAL
CC389
From: Dee Ann Catlin
Sent. Wednesday, July 07, 2010 10:23 AM
To: Ron Graves; cc389 Costa Mesa; Rosie Squied
07/12/2010
Cc: Donald Alvarado; Monika Harmon
Subject: FW: #389 - Costa Mesa Recycling
This morning I received a call from Jim Fitzpatrick F, Mr. Fitzpatrick is a planner at the City
of Costa Mesa. He wanted to advise us that a public hearing is set for Monday July 12, 2010 at 6:00 p.m.
for a review of the recycling center CUP that is issued to the lot adjacent to store #389 Costa Mesa.
Apparently Smart & Final wrote a complaint letter to the city regarding this issue (see attached) and
therefore they wanted to give us an opportunity to appear at the hearing with our concerns. Although I do
understand the many issues and concerns that these types of centers create, it is important to understand
that if this center is removed from the location, this will put store #389 in an "Unserved Zone" and each
— - - retailer in this zone will than be required to take in recycling. .
Please let me know what .your position is regarding this center and also let me know if any of you would
like to attend this hearing so that I can let the planner know.
Thanks!
Dee Ann
a`g
Z
: � \\\\
:� °f « d <»
?« .� � %�
\ �� � 7
222?
a y;;=''.
edelved
City of Costa Mesa
Development Services Department
JUL 12 2010
NOVEMBER 17, 1992
COSTA MESA ZONING ADMINISTRATOR
CIT`t' OF COSTA MESA
P.D. BOX 1200
COSTA MESA., CA • 92628-1200
RE: ZONING ACTION•ZA�92-10 FOR JESUS GARCIA•.
TO WHOM IT MAY CONCERN:
�- 36 wA -`R-go
WE ARE SUBMITTING WRITTEN COMMENTS REGARDING THE ABOVE
APPLICATIONS
*IT WILL FURTHER DEPRECIATE OUR HOME AND THE EXISTING HOMES
IN THE AREA. THIS AREA IS ALREADY STRUGGLING -WITH A NUMBER OFA';
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. (EXQ ORANGE COAST COLLEGE, STATER
BROS. MARKET)
*WITH 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 ON
BOTH SIDES OF THE
700 CENTER. ST.
WHAT WOULD THE MOVING TRE
CENTER 100. YRDS.
DO?)
WE Aft ANGRY!
THIS WILL NOT
BE TOLLERATED
IN OUR
NEIGHBORHOOD.
lei 4:��
Jh --�
-
7
------------
.....iia
Costa Mesa Zoning Administrator
City of Costa Mesa
Re: Zoning Action reference ZA-89-25 & ZA-89-25
It has been 18 years since the City of Costa Mesa ignored our 1992 messages imploring the city to deny
or get rid of the Jesus.Garcia Recycling center in the parking lot of the Lion's Den/Smart and Final.
In the 1992, letter, these complaints and concerns were voiced in opposition to the operation's
presence:
Bring in transients; drunkard asleep all around, urinating, trash:
There are alternative recycling destinations available that produce less impact in their locale;
Odors, unkept areas, unnecessary noise, trash.
This nuisance's presence needs to be terminated. 18 years of problems is onerous and oppressive. None
of these conditions are less now than in 1992. Please do not let history repeat itself. WE urge the
facility's operational permissions be permanently revoked as an 18 year period without cure is not
excusable, and continued permission constitutes undue prejudice against those most impacted by the
negative effects of this operation.
City of Costa Mesa Planning commission, please revoke their use permit immediately. Thank you for
your time.
1/t 6
-20 Com✓ ��� . S
tk1C%���r�(;�1C7� ��-�1C�1��^c��'S� 111 ��►��.Ic, '� � C' � f-1 �1Z1����
Costa Mesa Zoning Administrator
City of Costa Mesa
Re:.Zoning Action reference ZA-89-25 & ZA-89-25
It has been 18 years since the City of Costa Mesa ignored our 1992 messages imploring the city to deny
or get rid of the Jesus.Garcia Recycling center in the parking lot of the Lion's Den/Smart and Final.
In the 1992, letter, these complaints and concerns were voiced in opposition to the operation's
presence:
Bring in transients; drunkard asleep all around, urinating, trash:
There are alternative recycling destinations available that produce less impact in their locale;
Odors, unkept areas; unnecessary noise, trash.
This nuisance's presence needs to be terminated. 18 years of problems is onerous and oppressive. None
of these conditions are less now than in 1992. Please do not let history repeat -itself. WE urge the,
facility's operational permissions be permanently revoked as an 18 year period without cure is not
excusable, and continued permission constitutes undue prejudice against those most impacted by the
negative effects of this operation.
City of Costa Mesa Planning commission, please revoke their use permit immediately. Thank you for
your time.
7
Z(,, z 7
Costa Mesa Zoning Administrator
City of Costa Mesa
Re: Zoning Action reference ZA-89-25 & ZA-89-25
It has been 18 years since the City of Costa Mesa ignored our 1992 messages imploring the city to deny
or get rid of the Jesus.Garcia Recycling center in the parking lot of the lion's Den/Smart and Final.
In the 1992, letter, these complaints and concerns were voiced in opposition to the operation's
presence:
Bring in transients; drunkard asleep all around, urinating, trash:
There are alternative recycling destinations available that produce less impact in their locale;
Odors, unkept areas, unnecessary noise, trash.
This nuisance's presence needs to be terminated. 18 years of problems is onerous and oppressive. None
of these conditions are less now than in 1992. Please do not let history repeat itself. WE urge the
facility's operational permissions be permanently revoked as an 18 year period without cure is not
excusable, and continued permission constitutes undue prejudice against those most impacted by the
negative effects of this operation.
City of Costa Mesa Planning commission, please revoke their use permit immediately. Thank you for
your time.
1-65
Costa Mesa Zoning Administrator
City of Costa Mesa
Re:,Zoning Action reference ZA-89-25 & ZA-89-25
It has been 18 years since the City of Costa Mesa ignored our 1992 messages imploring the city to deny
or get rid of the Jesus.Garcia Recycling center in the parking lot of the Lion's Den/Smart and Final.
In the 1992, letter, these complaints and concerns were voiced in opposition to the operation's
presence:
Bring in transients; drunkard asleep all around, urinating, trash:
There are alternative recycling destinations available that produce less impact in their locale;
Odors, unkept areas, unnecessary noise, trash.
This nuisance's presence needs to be terminated. 18 years of problems is onerous and oppressive. None
of these conditions are less now than in 1992. Please do not let history repeat itself. WE urge the
facility's operational permissions be permanently revoked as an 18 year period without cure is not
excusable, and continued permission constitutes undue prejudice against those most impacted by the
negative effects of this operation.
City of Costa, Mesa Planning commission, please revoke their use permit immediately. Thank you for
your time.
.A I'M
Lz:�6z7
26Z-7
:22i7
a
Costa Mesa Zoning Administrator
City of Costa Mesa
Re: Zoning Action reference ZA-89-25 & ZA-89-25
It has been 18 years since the City of Costa Mesa ignored our 1992 messages imploring the city to deny
or get rid of the Jesus.Garcia Recycling center in the parking lot of the Lion's Den/Smart and Final.
In the 1992, letter, these complaints and concerns were voiced in opposition to the operation's
presence:
Bring in transients; drunkard asleep all around, urinating, trash:
There are alternative recycling destinations available that produce less impact in their locale;
Odors, unkept areas, unnecessary noise, trash.
This nuisance's presence needs to be terminated. 18 years of problems is onerous and oppressive. None
of these conditions are less now than in 1992. Please do not let history repeat itself. WE urge the
facility's operational permissions be permanently revoked as an 18 year period without cure is not
excusable, and continued permission constitutes undue prejudice against those most impacted by the
negative effects of this operation.
City of Costa Mesa Planning commission, please revoke their use permit immediately. Thank you for
your time.
�
T
f40 j4- q14 7,1,
Costa Mesa Zoning Administrator
City of Costa Mesa
Re:.. Zoning Action reference ZA-89-25 & ZA-89-25
It has been 18 years since the City of Costa Mesa ignored our 1992 messages imploring the city to deny
or get rid of the Jesus.Garcia Recycling center in the parking lot of the Lion's Den/Smart and Final.
In the 1992, letter, these complaints and concerns were voiced in opposition to the operation's
presence:
Bring in transients; drunkard asleep all around, urinating, trash:
There are alternative recycling destinations available that produce less impact in their locale;
Odors, unkept areas, unnecessary noise, trash.
This nuisance's presence needs to be terminated. 18 years of problems is onerous and oppressive. None
of these conditions are less now than in 1992. Please do not let history repeat itself. WE urge the
facility's operational permissions be permanently revoked as an 18 year period without cure is not
excusable, and continued permission constitutes undue prejudice against those most impacted by the
negative effects of this operation.
City of Costa Mesa Planning commission, please revoke their use permit immediately. Thank you for
your time.
1-�G
bc;?-
,�IAIX,oi C/tich, 17 z6
A P;CAW c-�
J- cosW�mesA
6ut,11YAD
26Z
ori V, 71-
"2
7L1,2. Ojt—
t, LC) A) C M 9 7
Ge- WOLLFNCE NE CM
(A.
M:-.3
ZA - S9-L�5 and-ZA-9a-1 D
Attachments: Notice re' neighborhood meeting.pdf; Spanish Notice of Meeting.pdf; Letter from Victor
Bonilla re Garcia Recycling 072110.pdf; Letter from Businesses re Garcia Recycling
072110.pdf; Signed petition. pdf
Fed m: Patricia J. Chen [mailto:pchen@miles-chen.com]
Sent: Tuesday, July 27, 2010 2:40 PM
-- -
To:. -LEE, MEL----- - ------ — --- - - -- - -- -- ------ - - - ----- - -- ---- -------- -- -
Cc: 'Garcia Recycling'; FREDCANLAS@aol.com; 'Stephen Miles'
Subject: Update on Garcia Recycling
Mel,
Per your request, we would like to update you on our progress to date with respect to Garcia Recycling.
We held a neighborhood meeting yesterday at the Costa Brava Restaurant in the shopping center after
having the business pass out flyers during the preceding week (the two flyers are attached (Spanish and
English)). More than 20 individuals attended. We explained to the attendees that the City had received
complaints about Garcia Recycling and was debating whether to modify or revoke Garcia Recycling's
conditional use permit. The attendees expressed overwhelming support of Garcia Recycling. They
raised the following points:
• Garcia Recycling is the best recycling facility in the area because the employees are nice, work
really hard,, go out of their way to assist customers, and are fast so the wait time is much less
than other facilities, its operation is the cleanest around, and Garcia Recycling is honest and, not
swindlers (in paying for the recyclables).
• The City is using Garcia Recycling as a scapegoat for the homeless who loiter in the area.
Removal of Garcia Recycling would not solve the homeless problem. There is a liquor store and
soup kitchen across the street which attract the homeless. The City should address the
homeless problem.
Many people rely on Garcia Recycling for their income. One homeless man said if it weren't for
Garcia Recycling, he did not know what he would do. Another woman said that she had lost her
job a few years ago and is dependent on Garcia Recycling for her income.
® Many people walk to the facility and would not be able to recycle at the other facilities if Garcia is
shut down because they are too far
® One woman said she specifically drives from Newport Beach to Garcia Recycling because she
thinks so highly of the service and she brings her kids to teach them about recycling
® Another person indicated that because of Garcia Recycling, trash is being picked up in the
neighborhood and being recycled and that the trash would otherwise be going to landfills
® Another person noted that he spends all his cash that he earns at Garcia within a 2-3 block
radius of Garcia Recycling and so Garcia Recycling is good for the City.
We asked how Garcia Recycling could better improve its operations, particularly visually since that was
the predominant concern raised at the last Planning Commission meeting. The responses were as
follows:
® One person said the operations really can't be improved visually and that he can't see the
operation from the street. Others agreed.
® Another person suggested using synthetic grass so that the grass doesn't die (we responded
that Garcia Recycling used to have synthetic grass but the City asked to have it removed)
® Another person suggested painting a mural on the side of the container (we responded that the
City would not allow this)
® Some individuals expressed the sentiment that the City just doesn't like having to look at
homeless people and that it isn't Garcia Recycling's fault
BE
07/28/2010
® One person raised the fact that the City does not like the look of the shopping center because it
caters to the Latino community. Costa Mesa used to be known as "Goat Hill" and it was where
the Latino community gathered. This shopping center serves as the same kind of gathering place
for the Latino community today.
Because we had expected more people to attend, including those who oppose Garcia Recycling's
operations, we decided that we should specifically reach out to those parties who signed the petition
submitted to the City. We are sending out a letter to those parties today to give them an opportunity to
voice their concerns to us so that we can address their issues. The letter is attached.
Furthermore, we received a letter of support from Victor Bonilla, the part owner of the shopping center
and owner of several businesses in the center including the EI Toro Market, and a letter of support from
the businesses in the shopping center, both are attached. Finally, I have also attached a petition in
support of Garcia Recycling which is growing by the day. I will send you an updated petition closer to the
meeting.
We have been in touch with CalRecycle as well, specifically Walt Simmons, who has given us some
guidance on an alternative site which I will discuss in our submittal. However, from speaking to
community members and businesses in the area, it seems clear that Garcia Recycling should not be
relocated. The community depends on the facility. We do not believe that the complaints that the City
has received warrants relocating Garcia Recycling.
I am in the process of preparing an additional submittal on behalf of Garcia Recycling. I had hoped to get
it to you today for you to include in your agenda package, but I have been sidetracked by other matters
and will get it to you as soon as I can.
If you have any questions, please feel free to contact me.
Pat
Patricia J. Chen, Esq., LEED AP
9911 Irvine Center Drive, Suite 150 i Irvine, CA 92618 i (213) 804-5000
❑ c1d: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.
M
07/28/2010
TO THE NEIGHBORS AND BUSINESS OWNERS
SURROUNDING GARCIA RECYCLING LOCATED AT
739 WEST 19TH STREET, COSTA MESA, CA:
On July 9tH, 2010, the Costa Mesa Planning Commission called
for review of Garcia Recycling's conditional use permit due to
purported complaints about its operations from the community.
The Planning Commission is contemplating either modifying,, or
revoking Garcia Recycling's permit, and the hearing on this issue
is scheduled on August 9, 2010 at 6:00 p.m. We believe that
revoking the permit is unduly harsh since we are providing a
much needed service to the community, and in the process we
are helping to divert trash from landfills.
Nevertheless, Garcia Recycling is very concerned about these
complaints and would like to invite you to voice your opinion about
our recycling facility so that we can better improve our service to
the community.
Please join us on Monday, July 26, 2010 at 9:30 a.m. at Costa
Brava Restaurant located at 727 West 19th Street, Costa
Mesa. Refreshments and snacks will be provided.
A los vecinos y duenos comerciales alrededor
de Garcia Recycling en 739 W. 7th Street, Costa
Mesa, CA:
EI 9 de Julio de 2010, la Comision de Planificacion de la ciudad
de Costa Mesa pidio una revision al use condicional del permiso
de Garcia Recycling debido a quejas pretendidas sobre sus
operaciones de la comunidad. La comision de planificacion
contempla a modificar o a revocar el permiso de Garcia
Recycling. La audiencia en esta cuestion esta programada el 9
de Agosto de 2010 a las 6:00pm. Creemos que se revocan el
permiso es excesivamente contra dictorio ya que proporcionamos
un servicio muy necesario a la comunidad, y en el proceso
ayudamos a desviar la basura del basurero.
Garcia Recycling esta preocupada por estas quejas y a la
compania le gustaria invitarles a decir su opinion sobre nuestra
instalacion de reciclaje de modo que podamos mejorar nuestro
servicio a la comunidad.
Por favor acompanenos el lunes, 26 de Julio de 2010 a las
9:30am en el Restaurante La Costa Brava en 727 West 19th
Street, Costa Mesa.
Bebidas y antojitos estaran dispuestas.
N3
Victor M. Bonilla
EI Toro Bravo Market
739 W. 19th Street
Costa Mesa, California 92627
(949)646-4266
July 21, 2010
Planning Commission
City of Costa Mesa
c/o Mr. Mel Lee
Senior Planner
P.O. Box 1200
77 Fair Drive
California, CA 92626-1200
Re: Garcia Recycling
Dear Commissioners:
.3
Received
City of Costa Mesa
Development Services Department
JUL 2 7 2010
I am the owner of EI Toro Market, EI Toro Bravo Tortilla Factory, and Costa Brava
Restaurant in the shopping center located at 738 W. 19th Street in Costa Mesa. I am
also a part owner of the shopping center and the property manager. I have been a part
owner and the property manager for over 30 years. For the last 20 years, Garcia
Recycling Center has been a tenant and has operated its mobile recycling facility in our
parking lot. During the 20 years, I have not received any complaints about Garcia
Recycling's operations. As such, I was very surprised to learn that the Planning
Commission decided to review Garcia Recycling's conditional use permit with the intent
of potentially revoking its permit.
As both the owner of EI Toro Bravo Market and the shopping center, I consider Garcia
Recycling an integral part of our community. I know all the tenants and neighbors and
we all view Garcia Recycling as providing a very necessary service to the community.
Many of my customers use Garcia Recycling and depend on its services for extra
income, particularly in this tough economic climate. It is no wonder that Garcia
Recycling is so busy.
VA�
I have observed Garcia Recycling's activities and I have determined that it currently is in
the optimum spot in our parking lot. Garcia Recycling does not disrupt any of the
businesses in the center. Moreover, the operation is not visible from the street. I
attended the Planning Commission meeting on July 12, 2010 and heard an individual
complain about seeing Garcia Recycling's "ugly" operations as he drives by, but I
respectfully disagree. All that is visible from the street is the front of the truck and the
back of an unmarked container, and there is even a tree blocking this view.
It is clear to me that there are residents in Costa Mesa who simply do not like the look of
this shopping center because it primarily serves the Hispanic community.
As the owner of EI Toro Bravo Market, I need Garcia Recycling because it is the only
recycling facility in our convenience zone. As such, if it is shut down, we would be
required to redeem beverage containers (which we cannot do due to the high volume)
or pay $100 per day to the State. We simply cannot afford to pay $100 per day—
this would cause my business severe financial hardship.
I understand that from reading the complaint letters received by the City (which was
given to me at the July 12, 2010 meeting) that some residents are saying that Garcia
Recycling bring in homeless people who are drunk and urinate everywhere, trash,
odors, unkempt areas, and unnecessary noise. As the property manager who monitors
the shopping center every day, I strongly disagree. While there is an occasional
homeless person in the shopping center, these individuals are not necessarily brought
in by Garcia Recycling. There is a homeless soup kitchen across the street, Someone
Cares Kitchen, which serves the homeless. I (or my employees) usually ask them to
move along if they have no business in our shopping center. However, we do not turn
away such individuals if they are customers, including if they are selling beverage
containers to Garcia Recycling. To do so, would be wrong.
As for trash, odors, and unkempt areas, Garcia Recycling keeps its facility clean and its
employees are constantly sweeping the area and picking up any litter. If Garcia
Recycling did not maintain the area, I would certainly have stepped in. I have not had to
do so. As for the noise, the operation is fairly noisy if you are near the facility because
of the glass containers; however, I and my tenants have not found it to be offensively
noisy given the location of the operation in the parking lot. Garcia Recycling is located
in front of Lion's- Den which is a bar that is only open at night. As such, the business is
not disrupted by Garcia Recycling's operations. Next to Lion's Den is my restaurant,
Costa Brava restaurant. My customers have not complained about the noise. It is clear
to me that Garcia Recycling does its best to contain its operations to its designated area
and minimizes its impact to the surroundings.
1�5
Once again, as a part owner of the shopping center, owner of the EI Toro Bravo Market
and other businesses in the shopping center, and the property manager,
wholeheartedly support Garcia Recycling's continued operations at its current location,
and I strongly urge the Planning Commission not to revoke Garcia Recycling's permit.
Should you have any questions, please feel free to contact me.
Sincerely,
jqb
l
ZA-,;9 --o-6 onZA-
Received
City of Costa Mesa
Development Services Department
JUL 2 7 2010
July 21, 2010
Planning Commission
City of Costa Mesa
c/o Mr. Mel Lee
Senior Planner
P.O. Box 1200
77 Fair Drive
California, CA 92626-1200
Re: Garcia Recycling
Dear Commissioners:
We are the businesses in the shopping center at 739 West 19th Street, Costa Mesa,
California. It has come to our attention that the Planning Commission is considering
revoking Garcia Recycling Center's permit due to complaints about the appearance of
the facility, litter, noise, and homeless people resulting from Garcia Recycling's
operations. Garcia Recycling has been operating at this location as long as we have
been here and our businesses have never been disrupted by its operations. Garcia
Recycling runs a clean facility and provides a service which our community very much
needs. Our customers regularly bring their beverage containers to Garcia Recycling,
and we consider Garcia Recycling part of our community. We are not offended by the
appearance of Garcia Recycling's operations, nor have we complained about any noise,
litter, or homeless individuals resulting from Garcia. Recycling.
It seems that the homeless individuals in the area come,from Someone Cares Kitchen
across the street, where they are provided free or subsidized food. It is unfair to blame
Garcia Recycling for their presence in the area. Nevertheless, we believe that Garcia
Recycling helps the underprivileged in our community by allowing them to cash in the
beverage containers they collect from city streets. By doing so, Garcia Recycling is
helping to keep our streets clean as well as helping divert trash from our landfills which
benefits the environment as a whole.
We strongly urge the Planning Commission to allow Garcia Recycling to continue its
operations in our shopping center.
0
Company: 6 ��'� 4e,��-
Date:
-7 � I--r� —41'D
M
Company: CoU�
Date: --7-o-L3 — ! 0
0
V
v
Date:,r
Company: r �: ' •
Date: �z z Z3 Id Dd a
0;
Company: to. I ) a 4z
Date:
,z —
By:
—1s�ib c 6�cr�(
CompanF-=- ULU
"k
Date:—jnL-±(z
Company: E,�
Date: -077 - 2 � 10 ,
IA
Company:
Date:
By: _
Company:
Date:
M
l50
Name
►1
Address.
O
ky
-------------
Telephone. ar` nd _.
Name
�o/i
M:
r iC f-z3�5
Address
A-� �SD Yl P
q
Vim,&, A�-t •
_�rnA1�
LAn2
1j
LIZ
3 d{ I"May 0"
\-C a l ccl
C, fl."a 6,< �-L4 (I -t -r
Telephone -or email
Name Address Telephone- or-ftail
tj
Ikk
.-I-
ct./, ., r -F(4,-y--w2s-
Lox &, A4J 5
O,c
C,::29T,k 1-qf-SC�Lj r,.(
c a
44�
4=
Y.4
6-tv
Name Address Telephone or email
_C -q
Eck cgd&
.J
, A�q
�Q/,.-,���
Gam+
_.(AA
Cl Z T
71_412 WIAV44
Name
7;1 � ?Y
Address: Telephone.or°email
b
I
s
Name Address -
[Soh e� Telephone o remail
s
— p�3 I �S�QPt �G r }�R2 G! r�nL,�► rt j� ft C.
(�
• l MI6 IYI.
Address. fielephone;'or emOw
CF'
Addr
N .P
Telephone or email
IrlVAN• \ �, ►r `
[� 7` 4-1 1 u MAO;y
L �'Zonro�« /��•2 C'�.2� 7
2. Yevtd . k t y P
4w ."h
NamAddress Tele ghand orennil
e,,?
GOtLA kv TU
e. -
rat IslicluA
W.
RPM
=- wood im
67
a
4n July 9t", 2010, the Costa Mesa Planning Commission called for review of Garcia Recycling's
conditional use permit for its operations at 739 W. 19`" Street due to purported complaints about its
operations from the community. The Planning Commission is contemplating either modifying or
revoking Garcia Recycling's permit, and the hearing on this issue is scheduled on August -9,.2010 at
6:00 p.m. We believe that revoking the permit is unduly harsh since we are providing a much needed
service to the community, and in the process -we are helping to divert trash from landfills.
We believe we run a clean, efficient, recycling operation and we make every ' effort to minimize our
impact to the surrounding neighborhood and businesses by constantly sweeping the area, picking up
any -'litter, and keeping our trucks .and containers freshly painted and free of graffiti. We also do our best
to serve our customers as quickl�as possible by having a large, well-trained staff. If you agree that
Garcia Recycling's service is important to the community and that its operations are. not disruptive to the
surroundings or aesthetically offensive, please show your support by signing below.
Name Addre;;s
&&jy W1=6g a aA AV j CIS'), 1262 7
42- -
Teleohone or email
From: Jim Fitzpatrick
Sent: Saturday, July 31, 2010 3:26 PM
To, LEE, MEL
Cc.'NGUYEN, KHANH
Subject: FW: Recycling Center
Mel,
Suggest that this picture also be shared with Planning Commissioners and be considered as part of the
Staff Report.
Jim
Ralph's @ 2555-Eastbluff N6, CA
M
0 R/02/2010
From: LEE, MEL
Sent: , Monday, August 02, 2010 8:06 AM
To: VIERA, CORRIE
Subject: FW: Newport Beach code on recycling center
Another for the Commission.
Thanks,
Mel
From: Jim Fitzpatrick
Sent: Saturday, July 31, 2010 3:18 PM
To: LEE, MEL
Gc: NGUYEN, KHANH
Subject: RE: Newport Beach code on recycling center
Mel, Can you please send this to all Commissioners so that have this, and consider making it part of the
Staff Report.
Thanks,
Jim
From: Jim Fitzpatrick
Sent: Monday, July 12, 2010 9:40 AM
To: 'LEE, MEL'
Cc: 'NGUYEN, KHANH'
Subject: FW: Newport Beach code on recycling center
Mel, just wanted to follow up on our meeting, here is the NB vs CM code comparison
on Recycling Centers.
Jim
Following is a brief comparison of the City of Newport Beach's and Costa Mesa's
regulations on recycling facilities. Overall, it appears that the City of Newport Beach
has codified (in other words, specified in their Municipal,Code) specific regulations that
would typically appear as conditions of approval on the use permit application in Costa
Mesa.
Please let me know if you have any additional questions.
Differences:
IN
08/02/2010
® Costa Mesa Municipal Code (CMMC) does not make a distinction
between small and large recycling facilities. Code requires a MCUP in
primarily all of the commercial, and industrial zones, excluding Town Center
zoning district where they are prohibited.
® CMMC does not specify a buffer zone or separation requirement from
residential zones.
® CMMC does not specify that the recycling facility be comprised of
enclosed structures or be screened by a block wall.
® CMMC does specify that the recycling facility be located outside the Ir
required street setback. .
® CMMC makes a distinction between what types of materials can be
recycled or collected in terms of being hazardous or nonhazardous
materials.
Similarities:
Costa Mesa has similar requirements through conditions of approval
regarding signage, parking availability, appearance of storage containers,
litter -free environment, prohibition on parking of commercial vehicles (i.e.
box trucks), etc.
Through conditions we can also indicate what types of materials (i.e. only
CRV glass, aluminum, or plastic containers, paper, and other recyclable
items and not scrap metal) can be recycled.
Thanks.
Claire
here is the Title 20 Code from NB
20.48.160 — Recycling Facilities
This Section establishes standards and procedures for the siting and operation of various types
and sizes of commercial recycling facilities.
A. Small collection facilities. A small collection facility shall:
1. Not exceed an area of 350 square feet or 3 parking spaces, not including space
that would be periodically needed for the removal of materials or exchange of
containers;
2. Be set back at least 10 feet from a public right-of-way and shall not obstruct
pedestrian or vehicular circulation;
3. Accept only CRV glass, aluminum, or plastic containers, paper, and other
recyclable items;
4. Not use power -driven processing equipment;
6. Not be located within 50 feet of a lot zoned or occupied for residential use;
1: MMIXII
7. Have containers and site fencing that are compatible in color and design and
harmonious with the surrounding neighborhood;
8. Store materials in sturdy containers that are secured and maintained in good
condition. Storage, excluding truck trailers, shall not be visible above the height
of the required screen walls;
9. Be kept clean and free of litter;
10. Have signs as follows:
a.. identification signs with a maximum area of 15 percent for each side of
the structure or 12 square feet, whichever is less. In the case of a
wheeled facility, the side shall be measured from the ground to the top of
the container;
b. Signs that are compatible and harmonious with the character of their
location; and
c. Directional signs, consistent with Chapter 20.42 (Sign Standards) and
without advertising message; installed with the approval of the Director if 4'
found necessary to facilitate traffic circulation or if the facility is not visible
from the public right-of-way.
11. Not reduce available parking spaces below the minimum number required for the
principal use.
B. Large collection facilities. A large collection facility shall:
1. Not be located within 300 feet of a residential use;
2. Be screened from public rights-of-way by solid masonry walls or located within an
enclosed structure as required by the review authority;
4. Store materials in sturdy containers that are secured and maintained in good
condition. Storage, excluding truck trailers, shall not be visible above the height
of the required screen walls; and
5. Be kept clean and free of litter.
��5
08/02/2010