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HomeMy WebLinkAboutZAA 2012-004 RECYCLING_VENDING FACILITYZONING ADMINISTRATOR ACTION 12-004 CONDITIONAL USE PERMIT 2011-22 AND MINOR ADJUSTMENT 2012-01 RECYCLING FACILITY/VENDING MACHINE (BULK) LOCATED AT 1022-1112 WALNUT & 14510-14520 NEWPORT AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2011-22 and Minor Adjustment 2012-01 was filed by Kiyoshi Graves of Urban Planning Studios representing Carlos Ordonez of Evolution Recycling, Inc. requesting authorization to establish and operate a recycle facility/vending machine (bulk) in conjunction with an existing market located at 1022- 1112 Walnut & 14510-14520 Newport Avenue within the Bodega R-Ranch shopping center and to increase the building height limit for the recycle facility. B. That the property has a land use designation by the General Plan of Community Commercial Land Use which provides for a variety of retail and service commercial uses and is zoned Commercial General (CG). Recycling Centers are subject to approval of a Conditional Use Permit (CUP) and the provisions set forth in Section 9271 bb(2). Furthermore, the project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That pursuant to Tustin City Code (TCC) Section 9299b(3)(e), the Zoning Administrator is authorized to consider requests for minor Conditional Use Permits for existing development where there would be no change of primary use, no expansion of floor area, and the request does not alter the original intent of the project/site. D. That, in accordance with Section 9299b(1)(e) for Minor Adjustment, an increase of not more than ten percent (10%) of the maximum permitted building height may be permitted based on findings set for the in Section 9299c(3)(c). E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2011-22 on May 14, 2012, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the proposed recycle facility will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood or be injurious or detrimental to the property and improvements in the neighborhood, or to the general welfare of the City of Tustin in that: Zoning Administrator Action 12-004 CUP 2011-22 and MA 2012-01 May 14, 2012 Page 2 1) Recycling facility/vending machine (bulk) uses are conditionally permitted within the Commercial General (CG) Zoning District subject to the provisions set forth in Section 9271 bb(2) as follows: a) Established in conjunction with an existing supermarket which is in compliance with the zoning, building and fire codes of the City of Tustin. The facility is a permitted use within the CG District and, as conditioned, is in conformance with the zoning, building and fire codes. b) No larger than 500 square feet and not occupying any parking spaces required by the primary use. The facility is 500 square feet and will occupy three parking spaces with four new parking spaces added within the shopping center. c) Maximum height: 10 feet. The height of the facility is 11 feet which exceeds the height by one foot; however, pursuant to Section 9299 b(l), the Zoning Administrator may approve an increase of not more than ten (10) percent in the maximum permitted building height Ten percent of the 10 foot height limit is one; therefore, the Zoning administrator can approve an increase to 11 feet for the facility. Said minor adjustment is in conformance with the General Plan which allows for service commercial uses. Furthermore, the Commercial General (CG) District allows a height limit of up to 35 feet The one foot extension for this project will allow for the incorporation of a hip roof structure to screen the shipping containers. Therefore, the I foot height extension may be approved by the Zoning Administrator for the recycle facility. d) Shall not obstruct pedestrian or vehicular circulation, and shall be located within 100 feet of the host use The recycle facility is located adjacent to the host use located along Walnut Avenue and is therefore consistent with the requirement. e) Minimum setbacks: 10 feet from any property line. The recycle facility is proposed to be setback 47' 3" from the north property line along Walnut Avenue and 116' 11 " from the east property line which abuts residential property. Zoning Administrator Action 12-004 CUP 2011-22 and MA 2012-01 May 14, 2012 Page 3 Accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Orange County Fire Authority and Health Department. The recycle facility has been conditioned to limit said items. g) No power-driven processing equipment except for reverse vending machines shall be used. The recycle facility has been conditioned to limit the use of power-driven processing equipment h) Containers are constructed and maintained with durable waterproof and rustproof material, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule. The recycle facility has been conditioned to be constructed and maintained as such. i) All recyclable material shall be stored internally. The recycle facility has been conditioned to store recycle materials internally. j) Maintained free of litter, pests, vermin and any other undesirable materials at all times. The recycle facility has been conditioned as such. k) Not exceed exterior noise levels of 60 dBA. The recycle facility has been conditioned as such. 1) Containers for donation of materials shall be at least 75 feet from any property zoned or occupied for residential use and shall not operate between the hours of 12:00 a.m. and 6:00 a.m. The recycle facility will operate 8:00 a.m. to 8:00 p.m. on a daily basis. These hours are consistent with the provisions of TCC 9271bb(2), which prohibits hours of operation between midnight and 6:00 AM. m) Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no Zoning Administrator Action 12-004 CUP 2011-22 and MA 2012-01 May 14, 2012 Page 4 material shall be left outside the recycling enclosure or containers. The recycle facility has been conditioned as such. n) Bulk vending machines may have informational signs required by State law pursuant to Section 9272; other signs including directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director pursuant to Design Review Section 9272 if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way. Signs will be subject to separate permit in accordance with TCC Section 9272. The project has been conditioned as such. o) Placement of the facility shall not require removal of existing landscaping. The location of the recycle facility will not remove existing landscaping. 2) In accordance with Section 9299b(3)(e) of the Tustin City Code, the Zoning Administrator has the authority to approve, conditionally approve, or deny minor Conditional Use Permits for existing development where there would be no change of occupancy or primary use. This project proposes no change in occupancy and the request would not alter the original intent of the project or site. 3) In accordance with Section 9299b(1)(e) for Minor Adjustment, an increase of not more than ten percent (10%) of the maximum permitted building height may be permitted based on findings set for the in Section 9299c(3)(c). A Minor Adjustment can be supported for allowance of a 10% increase in height for the facility to accommodate the 11 foot height in that the following findings may be made: a. The project is in conformance with the General Plan which allows for service commercial uses. b. The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular use, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that the project has been conditioned pursuant to the Zoning Administrator Action 12-004 CUP 2011-22 and MA 2012-01 May 14, 2012 Page 5 provisions set forth in TCC 9271bb(2) for vending machines (bulk). The increase in height is proposed to accommodate an architecturally integrated building which screens the shipping containers and allows for materials to be stored internally. Furthermore, the recycle facility has been designed as an accessory structure incidental to the main commercial building. The increase in height is only applicable to the recycling facility and the proposed structure is within the maximum height permitted within the CG zoning district. 4) A minor adjustment can be supported for allowance of 10% increase in height for the facility to accommodate the 11 foot height of the architecturally integrated building which screens the shipping containers. 5) As conditioned, sufficient parking for the use is provided in that the recycle facility is located within Bodega R-Ranch Market shopping center and, pursuant to the Tustin City Code Part 6 Off-street Parking regulations, and consistent with Variance No. 88-06, adequate parking will be provided for the shopping center uses. Furthermore, the facility will remove three parking spaces, but four new parking spaces will be added. Therefore, the overall parking supply will be adequate to meet peak demand and no further parking analysis is necessary 6) As conditioned, the recycle facility would generally operate (8:00 AM to 8:00 PM daily) consistent with and compatible to the hours of operation for other commercial uses located within the shopping center and the surrounding area. 7) As conditioned, all activities would occur within the building. F. This project is Categorically Exempt pursuant to Section 15301 (Class 1 — Existing Facilities) of Title 14, Chapter 3 of the Guidelines for the California Environmental Quality Act. 11. The Zoning Administrator hereby approves Conditional Use Permit 2011-22 to establish and operate a recycling facility/vending machine (bulk) in conjunction with an existing market located at 1022-1112 Walnut & 14510-14520 Newport Avenue and Minor Adjustment 2012-01 to allow a 10% increase in height, subject to conditions attached hereto (Exhibit A). Zoning Administrator Action 12-004 CUP 2011-22 and MA 2012-01 May 14, 2012 Page 6 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 14 day of May, 2012. ELIZABETH A. BINSACK ZONING ADMINISTRATOR ADRIANNE DILEVA RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, ADRIANNE DILEVA, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 12-004 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 14 day of May, 2012. ADRIANNE DILEVA RECORDING SECRETARY EX81BIT A CONDITIONAL USE PERMIT 2011-22 AND MINOR ADJUSTMENT 2012-01 CONDITIONS • APPROVAL ( 1 ) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 14, 2012, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. ( 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. ( 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. ( 1.4 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). ( 1.5 Conditional Use Permit 2011-22 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director to ascertain compliance with conditions of approval. If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis for which the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant may be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust and/or limit hours of operation b. Implement additional sound/noise attenuation remedies SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTIONS Exhibit A ZA Action 12-004 CUP 2011-22 and MA 2012-01 Page 2 ( 1.6 As a condition of approval of Conditional Use Permit 2011-22, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. ( 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS ( 1 ) 2.1 The recycle facility shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Orange County Fire Authority and Health Department. ( 2.2 No power-driven processing equipment except for reverse vending machines shall be used. ( 2.3 Containers are constructed and maintained with durable waterproof and rustproof material, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule. ( 2.4 All recyclable material shall be stored internally. ( 2.5 The recycle facility and surrounding area shall be maintained free of litter, pests, vermin and any other undesirable materials at all times. ( 2.6 Use of the recycle facility is subject to the City's Noise Ordinance and shall not exceed exterior noise levels of 60 dBA. ( 2.7 Containers for donation of materials shall be at least 75 feet from any property zoned or occupied for residential use and shall not operate between the hours of 8:00 p.m. and 8:00 a.m. daily. Exhibit A ZA Action 12-004 CUP 2011-22 and MA 2012-01 Page 3 ( 2.8 Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers ( 2.9 Signs shall be subject to separate permit in accordance with TCC Section 9272. I • WAJ g * (3) 3.1 At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and federal laws and regulations. FEES (1,S) 4.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.