HomeMy WebLinkAbout- - Appeal of RevocationsZA-89-25 & ZA-92-10 - 10/19/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: OCTOBER 19, 2010
ITEM NUMBER:
SUBJECT: APPEAL OF REVOCATIONS OF ZONING APPLICATIONS ZA-89-25 AND ZA-92-10
MINOR CONDITIONAL USE PERMITS FOR GARCIA RECYCLING CENTER
739 WEST 19" STREET
DATE: OCTOBER 7, 2010
FROM: DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: MEL LEE, SENIOR PLANNER
KIMBERLY BRANDT, DIRECTOR
FOR FURTHER INFORMATION CONTACT:. ,MEL LEE, (714) 754-5611
mleeftixosta-mesaxa.us
RECOMMENDATION:
Uphold or reverse the Planning Commission's decision to revoke the applications.
BACKGROUND:
On July 12, 2010 and August 9, 2010, the Planning Commission considered Zoning
Applications ZA-89-25 and ZA-92-10, minor conditional use permits for an existing
neighborhood recycling facility (Garcia Recycling) located in the parking area of a retail
shopping center. The zoning applications were called up for review to the Planning
Commission by Commissioner Mensinger on June 9, 2010. Both zoning applications
were revoked by the Planning Commission on a 4-1 vote (Vice Chair Clark voting no).
On August 16, 2010, the revocations were appealed by the Miles+Chen Law Group,
legal counsel for Garcia Recycling, the business owner. The City Council hearing was
scheduled for September 7, 2010, however, the City Council continued the hearing to
October 19, 2010 to provide the applicant and staff additional time to review the legal
issues raised in the appeal and subsequent correspondence submitted by the
appellant.
ANALYSIS:
Responses to Appeal Application
The responses to the applicant's issues raised in the appeal and subsequent
correspondence were previously addressed in the City Council Agenda Report dated
September 7, 2010, a copy of which is attached to this report (Attachment 4).
Updated Code Enforcement Activity
The timeline of events has been updated to include recent code enforcement activity
occurring after the September 7, 2010 City Council meeting, including an administrative
hearing held between the applicant and Code Enforcement on October 5, 2010, as well
as recent photographs of Garcia Recycling showing ongoing violations (Attachment 2).
ALTERNATIVES:
The Council has the following alternatives:
1. Uphold the Planning Commission's decision to revoke Zoning Applications ZA-89-25
and ZA-92-10, based on the Planning Commission's original findings and the
additional findings included in the attached resolution (Attachment 1).
2. Reverse the Planning Commission's decision to revoke Zoning Applications ZA-89-
25 and ZA-92-10 and allow the recycling facility to continue to operate pursuant to
the adopted conditions of approval and any additional modifications desired by City
Council.
3. Refer back to Planning Commission for additional review with specific direction for
potential modifications to the existing minor conditional use permits.
LEGAL REVIEW:
The City Attorney's office has approved the attached resolutions as to form.
CONCLUSION:
Planning Commission's decision to revoke Zoning Applications ZA-89-25 and ZA-92-10
was based on the evidence in the record presented during the public hearings. The City
Council may uphold or reverse the Planning Commission's decision to revoke the
applications, or send back to the Planning Commission for additional review.
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MEL LEE, AICP
Senior Planner
17 —�.
KIMBERLY BRA , AICP
Development Svs. Director
DISTRIBUTION: City Manager
Asst. City Manager
City Attorney
Acting Asst. Dev. Svs. Director
Public Services Director
Transportation Svs. Mgr.
City Clerk (2)
Staff (4)
Planning Staff (8)
File (2)
Garcia Recycling Centers & Metals Inc.
Attn: Jesus Garcia
1115 S. Elliot Place
Santa Ana, CA 92704
Russell Pange Trust
1835 Newport Boulevard, #A109
Costa Mesa, CA 92627
Miles+Chen Law Group
Attn: Patricia J. Chen
9911 Irvine Center Drive, Suite 150
Irvine, CA 92618
Steve Chan
720 Center Street
Costa Mesa, CA 92628
ATTACHMENTS: 1. Draft Resolutions
2. Updated Garcia Recycling Timeline of Events from
July 2009 to the Present and Exhibits
3. Copies of Correspondence from September 7, 2010 to
Present
4. September 7, 2010 City Council Agenda Report and
Attachments, Including Correspondence prior to
September 7, 2010
File: 101910ZA8925ZA9210A ealu datedre ort I Date: 10-07-10 1 Time: 12:45 .m.
3
ATTACHMENT 1
DRAFT RESOLUTIONS
q
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA TO UPHOLD THE PLANNING
COMMISSION'S ACTION TO REVOKE ZONING
APPLICATIONS ZA-89-25 AND ZA-92-10
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, in 1989, Zoning Application ZA-89-25 was 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 19th 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 the previously -approved recycling center at the subject location;
WHEREAS, a review of the minor conditional use permits were requested by
Planning Commissioner Mensinger to determine if the minor conditional use permits
should be modified or revoked;
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on July 12, 2010, and continued to August 9, 2010, and ZA-89-25 and ZA-92-10 were
revoked by the Planning Commission;
WHEREAS, on August 16, 2010 an appeal of the Planning Commission's
decision was filed by Miles+Chen Law Group representing the business owner of
Garcia Recycling;
WHEREAS, on September 7, 2010, City Council considered the appeal of ZA-
89-25 and ZA-92-10, which was continued to the hearing of October 19, 2010;
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit "A," the City Council hereby UPHOLDS the Planning Commission's
action to REVOKE Zoning Applications ZA-89-25 and ZA-92-10.
5
PASSED AND ADOPTED this 19th day of October, 2010.
ATTEST:
CITY CLERK OF THE
CITY OF COSTA MESA
0
ALLAN MANSOOR
Mayor, City of Costa Mesa
APPROVED AS TO FORM:
CITY ATTORNEY
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, JULIE FOLCIK, City Clerk and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that the above Council Resolution No. 10_ as
considered at a regular meeting of said City Council held on the day of ,
2007, and thereafter passed and adopted as a whole at the regular meeting of said City
Council held on the day of , 2010, by the following roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this day of , 2010
Ic
EXHIBIT "A"
FINDINGS
ZA-89-25/ZA-92-10
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 and to be
noncompliant with conditions of approval, pursuant to Municipal Code Section 13-
29(o) (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:
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; and 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 19tH 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 recyclables received at this location requires the daily 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 neighborhood recycling facilities which may be 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
do
9.
ZA-89-25/ZA-92-10
"convenience zone" as defined by State Law because other recycling alternatives
including, but not limited to, existing recycling center locations, provisions for
reverse vending machines, and other alternatives as specified in the bottle bill
would continue to be applicable. 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.
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 in 2008,
based on the applicant's testimony, 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 (Smart & Final
property) for the unloading of recyclable materials by customers.
Based on the photographic evidence prepared by staff and made part of the
public record:
a. The use is operating off-site (on the adjacent Smart and Final property)
in violation of ZA-89-25 and ZA-92-10, which was approved for the 739
West 19th Street property (subject site) only.
b. The use is in violation of the following Conditions of Approval of Zoning
Application ZA-92-10, Minor Conditional Use Permit for a recycling
center:
Storage of a commercial truck on the property to serve as
additional storage area in lieu of a container is in violation of
Condition of Approval No.
containers, with a maximum
northeast corner of the site a
and shall maintain a minimum
the front property line."
3 for ZA-92-10: "Any and all
:)f two, shall be located at the
shown on the approved plans,
setback of twenty (20) feet from
ii. Materials kept outside the containers are in violation of
Condition of Approval No. 5 for ZA-92-10: "All materials
shall remain inside the containers."
iii. Not keeping the area free of debris, in violation of Condition
of Approval No. 6 for ZA-92-10: "Applicant shall keep the
area surrounding the container(s) free of debris."
10. The use is in violation of the City of Costa Mesa's Municipal Code, Title 20
(Property Maintenance) Standards.
11. Based on the evidence submitted into the record, the original operation has
significantly expanded beyond the scale and intensity of a neighborhood recycling
facility and is more comparable to a regional recycling facility. Orange Coast
9
ZA-89-251ZA-92-10
College is considered a regional recycling facility. Neighborhood recycling
facilities in the surrounding area include Earthwize Recycling and NexCycle.
The processing of approximately 4.2 million pounds of recyclable materials in
2008 at Garcia Recycling as indicated in the attachments to the letter from
Miles+Chen Law Group dated July 12, 2010, exceeds the annual 2009 number of
the following recycling facilities:
o Orange Coast College Recycling Center (2701 Fairview Road) - 3.9
million pounds (source: OCC August 17, 2010).
o EarthWize Recycling (2180 Newport Boulevard) - 496,387 pounds
(source: EarthWize Rec�cling August 16, 2010).
o NexCycle (185 East 17 Street) - 283,315 pounds (source: NexCycle
August 17, 2010).
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.
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA TO REVERSE THE PLANNING
COMMISSION'S ACTION TO REVOKE ZONING
APPLICATIONS ZA-89-25 AND ZA-92-10
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, in 1989, Zoning Application ZA-89-25 was 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 19th 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 the previously -approved recycling center at the subject location;
WHEREAS, a review of the minor conditional use permits were requested by
Planning Commissioner Mensinger to determine if the minor conditional use permits
should be modified or revoked;
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on July 12, 2010, and continued to August 9, 2010, and ZA-89-25 and ZA-92-10 were
revoked by the Planning Commission;
WHEREAS, on August 16, 2010 an appeal of the Planning Commission's
decision was filed by Miles+Chen Law Group representing the business owner of
Garcia Recycling;
WHEREAS, on September 7, 2010, City Council considered the appeal of ZA-
89-25 and ZA-92-10, which was continued to the hearing of October 19, 2010;
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit "A," the City Council hereby REVERSES the Planning
Commission's action to REVOKE Zoning Applications ZA-89-25 and ZA-92-10.
PASSED AND ADOPTED this 19th day of October, 2010.
ATTEST:
ALLAN MANSOOR
Mayor, City of Costa Mesa
APPROVED AS TO FORM:
CITY CLERK OF THE CITY ATTORNEY
CITY OF COSTA MESA
m
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, JULIE FOLCIK, City Clerk and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that the above Council Resolution No. 10_ as
considered at a regular meeting of said City Council held on the day of ,
2007, and thereafter passed and adopted as a whole at the regular meeting of said City
Council held on the day of , 2010, by the following roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this day of , 2010
13
ATTACHMENT 2
UPDATED GARCIA RECYCLING
TIMELINE OF EVENTS FROM JULY
2009 TO THE PRESENT AND EXHIBITS
Iq
Garcia Recycling Timeline of Events from July 2009 to the Present
Date
Discussion
Progress
July 30, 2009
Joint staff visit from Planning and
No visible progress.
Code Enforcement staff.
August 3, 2009
City issued letter stating recycling
No visible progress.
center is violating CUP and
requested:
1. Remove the truck staged at
the property
2. Install new signs
3. Remove cashier from
required landscape area and
repair damaged landscaping.
4. Ensure all staging and
materials are contained
inside the containers.
August 21, 2009
Received letter from recycling
Meeting arranged.
centers attorney requesting a
meeting.
September 3, 2009
Meeting held with applicant and City
Applicant to follow up with staff.
staff.
September 14, 2009
Spoke with applicant's representative
Provided photos of sign examples
over phone.
and painted containers over email.
Signs ok, provide onsite.
November 24, 2009
Meeting with applicant.
Containers painted and cleaned up
signage.
March 18, 2010
City issued letter stating issues
No visible progress.
related to installation of a new
cashier's unit, noise and landscape
repairs that still need to be
addressed. Applicant advised case
will be forwarded to Code
Enforcement if no further progress
made.
March 22, 2010
Call from applicant.
Different alternatives discussed.
April 1 & 5, 2010
Call from applicant.
Removed cashiers unit and removed
illegal paving; however; replaced with
artificial lawn. Not permitted.
April 7, 2010
Meeting with applicant and City staff.
Discussed possible different locations
on property for recycling center.
April 12, 2010
Meeting with applicant and City staff.
Desired location (abutting 19 St), not
acceptable (was original location
under ZA-89-25).
April 29, 2010
Meeting with applicant and City staff.
Restored live landscaping. Supposed
to test different locations on property
for functionality.
May 26, 2010
Call from applicant.
Wished to remain in current location
and replace staged truck with 2"d
container and change out throughout
day.
June 9, 2010
Planning Commissioner Mensinger
Scheduled for July 12, 2010 Planning
called item up for review.
Commission meeting.
15
Date
Discussion
Progress
June 15, 2010
Meeting with applicant.
Progress to date:
1. Removed cashiers unit.
2. Installed landscaping.
3. Painted units and cleaned up
signage.
4. 2nd container replaced staged
truck (however only for week
or two. Truck currently
remains).
Remaining Violations:
1. Business being conducted
outside containers.
2. Truck still staging at site.
August 13, 2010 to
Periodic inspections by Code
One letter and three citations issued
Present
Enforcement see attached pictures).
by Code Enforcement see attached).
October 5, 2010
Administrative Hearing scheduled
Administrative Hearing held. Hearing
between the applicant and Code
officer to notify applicant of
Enforcement.
determination via mail in several
days.
on