HomeMy WebLinkAbout04 CUP 92-014 09-08-98DATE:
SEPTEMBER 8, 1998
NO. 4
9-8-98
inter_Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
CONSIDERATION TO REVOKE CONDITIONAL USE PERMIT 92-014
SUMMARY: Conditional Use Permit (CUP) 92-014 authorized a bulk recycling facility withbt the
parking lot of 14551 Red Hill Avenue (Ralph's Grocery Company). During its operation, the operators
have maintained the facility in violation of numerous conditions of approval On July 27, 1998, the
Plannbtg Commission recommended that the City Council revoke CUP 92-014.
Facility Operator: California Recycling Enterprises
RECOS~d~ENDATION
That the City Council adopt Resolution No. 98-81 revoking Conditional Use Permit 92-014. Adoption of
Resolution No. 98-81 would require the operator to remove the facility within ten (10) days and to restore the
site to its original condition.
FISCAL IMPACT
This city-initiated action would reduce the burden of enforcement on a facility that has been in repeated
violation of the conditions of approval. Removing the facility would reduce the amount of staff time devoted
to code enforcement and administration which could be directed elsewhere.
BACKGROUND
In May 1989, a 170 square foot storage bin was placed within the parking lot of the shopping center located
at 14551 Red Hill Avenue without City approval. On June 11, 1990, the Planning Commission granted
Conditional Use Permit 90-009 authorizing the placement of one 170 Square foot enclosed bin for the purpose
of collecting recyclable materials. The bin was to be located in the drive aisle immediately south of the
Chewon service station, closest to Red Hill Avenue.
On April 13, 1992, the Planning Commission adopted Resolution No. 3017 recommending to the City
Council that CLIP 90-009 be revoked. This was recommended because the facility operator (Mobile
Recycling Corporation of Stanton, California) violated the conditions of approval for CUP 90-009 by adding
a second 170 square foot bin without modifying CLIP 90-009 and obstructing parking spaces. Resolution No.
3017 recommended revocation unless the applicant requested and received an amendment to CUP 90-009 by
May 12, 1992.
On May l 1, 1992, the Planning Commission approved Resolution No. 3030-A approving CLIP 92-014 which
amended CUP 90-009 and authorized two storage bins totaling 340 square feet to be located within the
parking lot of the shopping plaza located at 14551 Red Hill Avenue (Attachment 1 - Resolution 3030-A and
Attachment 2 - Approved Plans).
City Council Report
Consideration to Revoke Cu.c 92-014
September 8, 1998
Page 2
Over the past two 'and one-half years, the operators of the facility have violated numerous conditions of
approval despite staff efforts to gain compliance. On July 27, 1998, the Planning Comrnission recommended
that the City Council revoke Conditional Use Permit '(Attachment 3).
DISCUSSION
On December 20, 1995, Code Enforcement staffreceived a complaint regarding the operations at the facility.
Field inspections revealed that the facility was in violation of several conditions of approval.
On April 15, 1997, another complaint was received. On May 20, 1997, Staff notified the new facility
operator, Califomia Recycling Enterprises located in La Jolla, that they were in violation of several of the
conditions of approval for CUP 92-014 (see Attachment 4), including the following:
Modification to "precise location" of bins without an amendment to CLIP 92-014;
Not maintaining a current business license;
Customer vehicles blocking the drive aisles and not parking within designated spaces;
Storing materials outside the bins, including when the facility is closed for business; and,
Not complying with minimum requirements to operate seven days a week and minimum hours.
In response, the operator stated they were not aware of Conditional Use Permit 92-014 and brought their
operation into compliance by June 19, 1997. However, between October 1997 and May 1998, Code
Enforcement staff monitored the facility and noted recurring violations by the same owner/operator (see
Attachment 5, Violation Log). These violations are summarized in the following table:
Summary of Violation of Conditions of Approval 1997-1998
Condition of Approval of Resolution 3030-A
The precise location and number of bins shall be
limited to that shown on the approved plans and
shall be located such that the drive aisle and
adjacent parking spaces are not obstructed when
the facility is in operation or closed for business.
(Condition 2.2)
It shall be the operators responsibility to ensure
that customers park in designated parking spaces
while using the facility. Parking, unloading or
stopping in the drive aisle is prohibited to ensure
that pedestrian and vehicular circulation is not
affected. (Condition 2.3)
All materials shall be stored within the container.
It shall be the operator's responsibility to ensure
that no materials of any kind are stored outside at
any time, including when the facility is closed for
business. The immediate vicinity shall be
maintained free of liter, pests, vermin and any
other undesirable materials at all times.
(Condition 2.4)
A number of receptacles, chairs, card table, an
umbrella, and tools have been observed outside
the bins within the parking area. (See Attachment
Vehicles have been observed stopping and
parking within the drive aisles. (See Attachment
6)
A number, of receptacles have been observed
outside the bins with materials in and around them
on the ground. (See Attachment 6)
Violation
6)
City Council Report
Consideration to Revoke CUP ~,. o14
September 8, 1998
Page 3
Condition of Approval of Resolution 3030-A
The operation shall be open for business, at
minimum, seven days a week, 12:30 p.m. to 6:30
p.m. from April 15 through October 15 and 10:30
a.m. to 4:30 p.m. October 15 throUgh April 15.
No reduction to these operating hours may occur
without approval of an amendment to this CUP.
Hours may be expanded with prior specific
approval in writing by the Community
Development Department, without amendment to
this CLIP, provided the hours do not exceed those
identified in City Code Section 9232(b)(v)(12).
(Condition 2.6)
Violation
The facility has been observed to be closed during
periods in which the facility is required to be open
for business.
In addition, the bins have not been well maintained. Recently, graffiti was not properly removed or
painted over and is visible through a thin whitewash.
Prior to the Planning Commission meeting on July 27, 1998, the property owner's management agent
provided a letter (Attachment 7) stating their concern with the condition of the facility and preference for the
facility to be relocated.
There are altemative collection methods available to satisfy the recycling needs of the community. Every
dealer who sells beverages in beverage containers is required to provide for one of the following: 1) Post a
sign with the name and address of the nearest certified recycling facility; or 2) Redeem beverage containers at
cash registers or at one designated location on the premises. If there is a certified recycling facility within the
dealer's "convenience zone", or within a half-mile radius of the store, the dealer is not required to redeem
beverage containers within the store.
The Stater Brother's Market at14171 Red Hill Avenue and the Ralphs Grocery Company at 14551 Red Hill
Avenue are within the same convenience zone. The Recycle Club is the only certified recycling facility in
their convenience zones. The nearest certified facility is located in a separate convenience zone at 13270
Newport Boulevard (Lucky Store). A third certified recycling facility within the City of Tustin is located at
17642 East 17th Street (Vons Market).
If the Recycle Club is "de-certified" and there is no other certified recycling facility in the same convenience
zone, the Division of Recycling will notify Ralph's Grocery Compancy and Stater Brothers Market that they
have a maximum of 120 days to begin redeeming beverage containers within the store or establish another
certified recycling facility. As an incentive for recyclers to locate within a convenience zone that is not
currently served by a certified recycling facility, the recycler receives handling fees in the amount of
$2,500.00 per month for accepting a minimum of 60,000 beverage containers.
The following collection alternatives are available to Ralph's Grocery Company and Stater Brother's Market.
Either the Ralph's Grocery Company or Stater Brother's Market, or in combination, could pursue one of the
following:
Assist the Recycle Club in relocating the facility to another location. In fact, the facility operator
contacted the City on April 27, 1998, to research the possibility of relocating their bins to the rear of
the center to comply with a request from Ralph's Grocery Company (Attachment 8). On May 7,
1998, staff sent a letter to California Recycling Enterprises outlining the process for relocating the
facility (Attachment 9). Since that time, Califomia Recycling Enterprises has not pursued relocation.
City Council Report
Consideration to Revoke CUP 92-014
· September 8, 1998
Page 4
Install reverse vending machines inside or adjacent to the front, exterior wall of the market. Reverse
vending machines are permitted in the C-2 district and can be certified as a recycling center under
State law.
Redeem beverage containers inside their stores.
Karen Peterson
Associate Planner
Elizabeth A. Binsack
Director, Community Development
Attachments:
Location Map
Attachment 1 -
Attachment 2 -
Attachment 3 -
Attachment 4 -
Attachment 5 -
Attachment 6 -
Attachment 7 -
Attachment 8 -
Attachment 9 -
Approved Plans
PC Resolution No. 3030-A
PC Resolution No. 3603
Notice of Violation (May 20, 1997)
Violation Log
Photographs
Letter dated July 27, 1998 from William Garrett regarding CUP 92-014
Letter dated April 27, 1998 from Deborah Houshar regarding relocation of
Recycle Club
Letter dated May 7, 1998 from Community Development Department
regarding relocation of Recycle Club
Resolution No. 98-81
ks:cup92014revk
R~DHILL ¥IT, LAGE
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APPROVED SITE PLAN FOR CUP 92-014
ATTACHMENT 1
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RESOLUTION NO. 3030-A
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 92-014,
AMENDING CONDITIONAL USE PERMIT 90-09 TO ESTABLISH
A 340-SQUARE FOOT BULK VENDING RECYCLING FACILITY
WITHIN THE PARKING LOT OF THE ALPHA BETA SHOPPING
CENTER LOCATED AT 14551 RED HILL AVENUE
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
ae
That a proper application, Conditional Use Permit
92-014 has been filed on behalf of Interpacific
Asset Management Company to amend Conditional use
Permit 90-09 to establish a 340-square foot bulk
vending recycling facility within the parking lot
of the Alpha Beta shopping center located at 14551
Red Hill Avenue.
Be
A public hearing was duly called, noticed and held
fOr said application on May 11, 1992.
C.
The proposed use is a conditionally permitted use
within the C-2 (Central Commercial) District
pursuant to city Code Section 9232(b) (v).
De
That establishment, maintenance, and operation of
the use applied for 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 of such proposed use in that City Code
Section 9232(b) (v) includes 14 separate development
standards related to location, operation, scale and
separation of uses which has been satisfied by
information on the submitted development plans and
conditions imposed attached to this resolution to
ensure such compatibility.
Ee
That the' establishment, maintenance, and operation
of the use applied for will not be injurious or
detrimental to the property and improvements in the
neighborhood of the subject property, nor to the
general welfare of the City of Tustin as evidenced
by the findings stated above.
Fe
This project has been determined to be
categorically exempt (Class 1) pursuant to Section
15301 of the California environmental Quality Act.
ATTACHMENT 2
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Resolution No. 3030-A
Page 2
II. The Planning Commission hereby approves Conditional Use
Permit No. 92-014 to amend Conditional use Permit 90-09
to establish a 340-square foot bulk vending recycling
facility within the parking lot of the Alpha Beta
shopping center located at 14551 Red Hill Avenue, subject
to the conditions contained in Exhibit A, attached
hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin~Planning
Commission, held on the llth day of May, 1992.
KATHLEEN CLANCY
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. '3030-A was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the llth day of May, 1992.
KATHLEEN CLANCY
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 92-014
CONDITIONS OF APPROVAL
RESOLUTION NO. 3030-A
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped May 11,
1992, on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibit.
(1) 1.2 Conditional Use Permit approval shall become null and
void if the recycling facility is not installed and
operative within twelve (12) months of the date of this
Exhibit. Time extensions may be granted.by the Planning
Commission if a written request is received by the
Community Development Department within thirty (30) days
prior to expiration.
(1) 1.3 The applicant and the property owner shall sign and
return an Agreement to Conditions Imposed form within 10
days from execution of this resolution. Failure to
· complete such shall render this CUP approval null and
void and shall require the applicant to cease and desist
all operations, remove all bins, and return the site to
its original condition within five days of a
determination that such CUP approval is deemed null and
void.
,
(1) ~.4 The applicant shall maintain a valid City business
license from the Community Development Department for the
duration that this facility is in existence.
SITE
*** 2.1 The parking lot shall be restriped within ten days from
execution of this resolution to provided a minimum of 272
parking spaces, consistent with the City's Parking Lot
Development Standards, removing all previous markings
from old striping which conflicts with new striping. All
required handicap spaces shall be .clearly marked and
maintained in accordance with current handicap
regulations. Failure to complete such shall render this
SOURCE CODES
(~) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A - Conditions of Approval
Conditional Use Permit 92-014
Resolution No. 3030-A
Page 2
CUP approval null and void and shall require the
applicant to cease'and desist all operations, remove all
bins, and return the site to its original condition
within five days of a determination that such CUP
approval is deemed null and void.
*** 2.2 The precise location and number of bins shall be limited
to that shown on the approved plans referenced in
Condition 1.1 above and shall be located such that the
drive aisle and' adjacent parking spaces are not
obstructed when the facility is in operation or closed
for business pursuant to City Code Section 9232(b) (v).
*** 2.3 It shall be the operators responsibility to ensure that
customers park in designated parking spaces while using
the facility. Parking, unloading or stopping in the
drive aisle is prohibitive in order to ensure that
pedestrian and vehicular circulation is not effected
pursuant to City Code Section 9232(b) (v).
*** 2.4 Ail materials shall be stored within the container. It
shall be the operators responsibility to ensure that no
materials of any kind are stored outside at an~ time,
including when the facility is closed for business. The
immediate vicinity shall be maintained free of litter,
pests, vermin and any other undesirable materials at all
times pursuant to City Code Section 9232 (b) (v).
*** 2.5 No power-driven equipment shall be permitted pursuant to
City Code Section 9232 (b) (v).
*** 2.6 The operation shall be open for business, at minimum,
seven days a week, 12:30 p.m. to 6:30 p.m. from April 15
- October 15 and 10:30 a.m. to 4:30 p.m. October 15 -
April 15. No reduction to these operating hours may
occur without approval of an amendment to this CUP.
Hours may be expanded with prior specific approval in
writing of the Community Development Department, without
amendment to this CUP, provided the hours do not exceed
those identified in City Code Section 9232(b) (v) (12).
NOISE
*** 3.1 Ail operations shall conform to the City's Noise
Ordinance, incl.uding provisions to not exceed 60 dBa at
any time pursuant to City Code Section 4614(a).
Exhibit A - Conditions of Approval
Conditional Use Permit 92-014
Resolution No. 3030-A
Page 3
SIGNS
(1) 4.1 Ail signs shall comply with the City's Sign Code at all
time.
*** 4.2 The operator shall ensure that the bins are properly
marked to identify the materials that may be accepted,
the name and telephone number of the facility operator,
hours of operation, and notice that no materials shall be
left outside the recycling facility pursuant to City Code
Section 9232(b) (v).
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RESOLUTION NO. 3603
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, RECOMMENDING TO THE CITY COUNCIL REVOCATION OF
CONDITIONAL USE PERMIT 92-014 WHICH AUTHORIZED A 340 SQUARE
FOOT BULK VENDING RECYCLING FACILITY WITHIN THE PARK/NG
LOT OF TIlE SHOPPING PLAZA LOCATED AT 14551 RED HILL AVENUE
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
Ao
That Conditional Use Permit 90-09 was approved by the Planning Commission on
June 11, 1990, authorizing a 170 square foot bulk vending recycling facility in the
parking lot located at 14551 Red Hill Avenue.
Bo
That Conditional Use Permit 92-014 was approved by the Planning Commission on
May 11, 1992, amending Conditional Use Permit 90-09 to authorize a 340 square
foot bulk vending recycling facility in the parking lot located at 14551 Red Hill
Avenue.
Co
That pursuant to Tustin City Code Section 9293c, the Planning Commission may
recommend to the City Council that a conditional use permit be revoked
D°
That the facility operator has operated the facility in violation of the conditions of
approval of Resolution 3030-A which authorized Conditional Use Permit'92-014 as
follows:
Condition 2.2 states, "The precise location and number of bins shall be
limited to that shown on the approved plans and shall be located such that
the drive aisle and adjacent parking spaces are not obstructed when the
facility is in operation or closed for business." On a number of occasions,
a number of receptacles, chairs, card table, an umbrella, and tools have
been observed outside the bins within the parking area.
.
Condition 2.3 states, "It shall be the operators responsibility to ensure that
customers park in designated parking spaces while using the facility.
Parking, unloading or stopping.in the driVe aisle is prohibited to ensure
that pedestrian and vehicular circulation is not affected." On a number of
· occasions, vehicles have been observed stopping and parking within the
drive aisles thereby obstructing through traffic
o
Condition 2.4 states, "All materials shall be stored within the container. It
shall be the operator's responsibility to ensure that no materials of any
kind are stored outside at any time, including when the facility is closed
for business. The. immediate vicinity shall be maintained free of liter,
pests, vermin and any other undesirable materials at all times." On a
number of occasions, several receptacles have been observed outside the
bins with materials in and around them on the ground.
ATTACHMENT 3
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Resolution No. 3603
Page 2
II.
.
Condition 2.5 states, "The operation shall be open for business, at
minimum, seven days a week, 12:30 p.m. to 6:30 p.m. from April 15
through October 15 and 10:30 a.m. to 4:30 p.m. October 15 through April
15. No reduation to these operating hours may occur.without approval of
an amendment to this CUP. Hours may be expanded with prior specific
approval in writing by the Community Development Department, without
amendment to this CUP, provided the hours do not exceed those identified
in City Code Section 9232Co)(v)(12)." On a number of occasions, the
facility has been observed to be closed during periods in which the facility
is required to be open for business.
Eo
That continuance of the use would be detrimental to the health, safety, and general
welfare of persons patronizing the shopping plaza in that materials are frequently
stored outside the bins and create an. unsightly appearance which detracts fi'om a
quality environment.
Fo
That continuance of the use would be injurious or detrimental to property and
improvements in the neighborhood in that cars fi'equently block parking aisles and
impede the app/'oved' circulation pattern for the existing development within the
shopping plaza.
Go
That Continuance of the use would require undue expenditures of City resources for
the purposes of monitoring the facility and enforcing applicable conditions of
approval.
Ho
That this project is categorically exempt (Class 21) pursuant to Section 15321 of the
C'alifornia Environmental Quality Act.
The Planning Commission hereby recommends that the City Council revoke Conditional
Use Permit 92-014 which authorized a bulk vending recycling facility in the parking lot of
14551 Red Hill Avenue and requiring the facility and related equipment to be removed and
the site to be restored to its original condition within ten (10) days of City Council action.
29 '
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Resolution No. 3603
Page 3
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting
on the 27th day of July, 1998.
Planning Commission Secretary
Chairperson
STATE OF CALIFORNIA )
COLrNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission
Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3603
was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
27th day of July 1998.
Planning Commission Secretary
Community D v 'ropment Department
Mr. Joey Houshar, Operations
Recycle Club
687 Tourquoise Street
La Jolla, California 92037
City
of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3100
SUBJECT:
CONSIDERATION TO I~VOKE CUP 90-009/92-014 (MOBILE RECYCLING);
14521 RED FffLL AVENUE, TUSTIN
Dear Mr. Houshar:
Over the past several years the operation of a bulk recycling facility located at 14521 Red Hill Avenue has not been in
compliance with City of Tustin Codes or conditions of approval. In June 1990, the Planning Commission originally approved
one storage bin on the site, subject to conditions. In 1992, the Planning Commission considered revocation of CUP 90-009
for failure to comply with conditions of approval. In May 1992, the Planning Commission approved CUP 92-014 amending
CUP 904309 to allow 2 storage bins to occupy six parking spaces (see site plan and Resolution 3030A attached).
We have received several COmplaints over the past year about an on-going problem with your ability to meet conditions of
CUP 92-014. The facility is in violation of the following conditions of Planning Commission Resolution No. 3030A:
1.1/2.2 Modification to "precise. location" of bins without amendment to CUP.
1.4 Not maintaining a current business license.
2.3
2.4
2.6
Customer vehicles blocking the drive aisles and not parking in designated spaces.
Storing materials outside the bins, including when the facility is closed for business.
Not complying with minimum requirements to operate seven days a week and minimum hours.
You are hereby notified that you must correct the violations immediately. If the facility is not operating in full compliance
with conditions of approval within 5 days of this letter, the Community Development Department will begin procedures to
revoke CUP 92-014.
Your immediate attention in resolving this matter is greatly appreciated. Should you have any questions regarding this
matter, please contact me at (714) 573-3122.
Sincerely,
halides
Associate Planner
Attachments:
cc:
-.~J P:t~'c',.~92014. Lt I
A - Approved Site Plan
B - Planning Commission Resolution No. 3030A
~.~.Jli, z.'!beth'A::Biniack;.' · ,, Rita Westfield
Dan Fox
Ralph's Store Manager
Property Owner
ATTACHMENT 4
Violation Log - October 1997 to May 1998
Consideration to Revoke CUP 92-014
Date
October 27, 1997 - November 21, 1997
December 23, 1997
December 29, 1997
January 5, 1998
January 6, 1998
January 7, 1998
January 11, 1998
May 21, 1998
May 22, 1998
May 26, 1998
May 27, 1998
May 28, 1998
Violation
Frequent monitoring indicated that receptacles were placed
Outside the large, approved bins and patron's vehicles were
parked in the drive aisle.
Receptacles were placed outside the approved bins. Patron's
vehicles were parked in the drive aisle.
Receptacles were placed outside the approved bins.
Receptacles were placed outside the approved bins. Facility was
closed for business by 4:10 p.m.
Receptacles were placed outside the approved bins. Facility
'was closed for business by 3:00 p.m.
Receptacles were placed outside the approved bins.
Receptacles were placed outside the approved bins.
Receptacles were placed outside the approved bins. Patron's
vehicles were parked in the drive aisle.
Receptacles were placed outside the approved bins. Patron's
vehicles were parked in the drive aisle.
Receptacles, umbrella, and a chair were placed outside the
approved bins.
Receptacles, trash bags, umbrella, chair, and equipment were
placed outside the approved bins.
Receptacles, trash bags, umbrella, chair, and equipment were
placed outside the approved bins. Graffiti was visible through a
thin coat of white paint.
ATTACHMENT 5
REP,RESENTATIVE PHOTOGRAPHS OF VIOLATIONS
Violation of Condition 2.2:
Receptacles, chairs, card table, umbrella, and tools are outside the approved bins (May 26, 1998)
Violation of Condition 2.2:
Receptacles, chairs, card table, umbrella, and tools are outside the approved bins (May 27, 1998)
ATTACHMENT 6
REPRESENTATIVE PHOTOGRAPHS OF VIOLATIONS
Violation of Condition 2.3: Vehicles parked in the drive aisle (October 27, 1997).
Violation of Condition 2.3: Vehicles parked in the drive aisle (May 23, 1998).
REPRESENTATIVE PHOTOGRAPHS OF VIOLATIONS
Violation of Condition 2.4: Receptacles placed outside the approved bins (October 28, 1997).
Violation of Condition 2.4: Receptacles placed outside the approved bins (May 27, 1998).
Property Management
Real Estate Brokerage
Real Estate Consulting
July 27, 1998
*Ms. Karen Peterson
Associate Planner
CITY OF TUSTIN
Communty Development Department
300 Centennial Way
Tustin, CA 92780
SENT VIA FACSIMILE
(714) 573-3113
LOCATION:
Red/3ill Village ShoPping Center
14521 Redhill Avenue
Tustin, CA 92680
Planning Commission Resolution No. 3603
Conditional Use Permit 92-014
Recycle Club
Dear Karen:
Pursuant to our conversation concerning the above-referenced
resolution, please be advised that the owner of the property,
Richter Farms, is indeed concerned about the condition of the
recycling center at the property.
We are also concerned about the parking spaces that are being
utilized by the recycling operation. Recently, we have been unable
to place certain types of tenants iht he shopping center because of
a shortage'of parking. If an alternative to the current operation
could be found, it would be preferable to us.
Should you have any further questions, please do not hesitate to
contact me.
Sincerely,
INTERPACIFIC ASSET MANAG~NT
Willxam E. Oarr~t, Jr., CPM
Pre s ident %-/
Managing Agent for Richter Farms
WEG/ee
F; \D.~TA\ICPLTR. 607
5505 Garden Grove BIv¢I.. Suite 150. Westminster. CA 92683. (714) 891-8804 · Fax (714) 892-1397
225 West Hospitality Ln. · Suite 200 · San Bernardino, CA 92408 · (800) 714-0200
ATTACHMENT 7
April 27, .1998
Mr. Brad Evanson
Planning Department
CITY OF TUSTIN
Via Facsimile (714) 573-3113
RE: Recycling Center located at 14551 Red Hill, Tustin, CA 92680
In the parking lot of Ralphs #227
Dear Brad,
Pursuant to our recent discussion, we are very anxious to comply with a directive we
received from RALPHS GROCERY COMPANY to relocate our recycling center.
Apparently, the Goodwill is no longer operating behind the store and they have now
asked us to move to that vicinity.
I wanted to clarify our discussion and ask that you submit your findings to us in writing.
As yo~_~ .are aware, we are operating under a Conditional Use Permit which authorizes a
specific location for our facility. Could you please address the following questions:
I ·
Can we move our recycling center to a different location which would be behind
the store?
.
VVhat would the consequences be if we relocated without permission?
.
What would the procedures and fees be for amending our Conditional Use
Permit?
Time is of the essence, we have to be accountable to Ralphs and want to be
responsive. Can you please fax your response to my attention at (619) 488-2350?
Your assistance is greatly appreciated. Many thanks.
Sincerely,
RECYCLE CLUB
President
CALIFORNIA RECYCLING ENTERPRISES
687 TURQUOISE STREET, LA JOLLA, CA 92037 TEL (619) 488-1883 FAX (619) 488-2350
ATTACHMENT 8
Community Development Department
_
May 7, 1998
California Recycling Enterprises
637 Turquoise Street
La Jolla, CA 92037
ATTN: Deborah Houshar
C
ity of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3100
SUBJECT: CUP 92-014: RECYCLING CENTER AT 14551 RED HILL AVENUE
Dear Ms. Houshar:
On April 27, 1998 we received your inquiry regarding the modification of Conditional Use Permit
92-014, for the recycling facility at 14551 Red Hill Avenue, in which you asked about moving your
facility to the rear of the Ralphs Center and related issues. To answer your questions'
.
Can the facility be moved to behind the store? The mobile recycling facility could be
moved to a location behind the store upon approval of an amendment to CUP 92-014. It
should be noted that in accordance with Tustin City Code Sections 9232(B)(w)(1) and
9233(C)(cc), such a facility would have to be set back ten (10) feet from a side yard and
five (5) feet from a rear yard, if said yards abut residential districts or uses. There is also a
concern regarding parking in the center. Any proposal to move the facility would be
conditioned to eliminate or occupy no more parking spaces than are currently eliminated..
o
VVhat would the consequences be if the facNty was moved without permission? If the
facility was moved without approval of a modification to the CUP, the City could require
that operations cease immediately and revoke the existing Conditional Use Permit 92-014.
.
What would the procedures and fees be for the amendment process? To amend CUP 92-
014, you would have to file an application to amend the CUP conditions and site plan to
allow the facility to be located behind the store. The process would require a.public
headng before the Planning Commission and take approximately four to six weeks. The
fees would equal $350 for the CUP fee plus $25 for the environmental exemption
processing, for a total of $375.
I have enclosed an application packet for your convenience should you wish to proceed with an
application to amend CUP 92-014. If you have questions or need additional information, please
contact me at (714) 573-3118.
Sincerely,
B
Assistant PlatCier
Attachment- Development Application packet
BE:cup92014.doc
ATTACHMENT 9
I RESOLUTION NO. 98-81
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
REVOKING CONDITIONAL USE PERMIT 92-014 WHICH AUTHORIZED
A 340 SQUARE FOOT BULK VENDING RECYCLING FACILITY WITHIN
THE PARKING LOT OF THE SHOPPING PLAZA LOCATED AT 14551
RED HILL AVENUE
The City Council of the City of Tustin does hereby resolve as follows:
mo
That Conditional Use Permit 90-09 was approved by the Planning Commission on June
11, 1990, authorizing a 170 square foot bulk vending recycling facility in the parking lot
located at 14551 Red Hill Avenue.
B,
That Conditional Use Permit 92-014 was approved by the Planning Commission on May
.11, 1992, amending Conditional Use Permit 90-09 to authorize a 340 square foot bulk
vending recycling facility in the parking lot located at 14551 Red Hill Avenue.
Co
That pursuant to Tustin City Code Section 9293c, the Planning Commission may
recommend to the City Council that a conditional use permit be revoked.
Do
That a public hearing was held by the Planning Commission on July 27, 1998, and by the
City Council on September 8, 1998.
Eo
That the facility operator has operated the facility in violation of the conditions of
approval of Resolution 3030-A which authorized Conditional Use Permit 92-014 as
follows:
Condition 2.2 states, "The precise location and number of bins shall be limited
to that shown on the approved plans and shall be located such that the drive
aisle and adjacent parking spaces are not obstructed when the facility is in
operation or closed for business." On a number of occasions, a number of
receptacles, chairs, card table, an umbrella, and tools have been observed
outside the bins within the parking area.
o
Condition 2.3 states, "It shall be the operators responsibility to ensure that
customers park in desig-nated parking spaces while using the facility. Parking,
unloading or stopping in the drive aisle is prohibited to ensure that pedestrian
and vehicular circulation is not affected." On a number of occasions, vehicles
have been observed stopping and parking within the drive aisles thereby
obstructing through traffic.
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City Council Resolution No. 98-81
Page 2
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Condition 2.4 states, "All materials shall be stored within the container. It shall
be the operator's responsibility to ensure that no materials of any kind are
stored outside at any time, including when the facility is closed for business.
The immediate vicinity shall be maintained free of liter, pests, vermin and any
other undesirable materials at all times." On a number of occasions, several
receptacles have been observed outside the bins with materials in and around
them on the ground.
°
Condition 2.5 states, "The operation shall be open for business, at minilnum,
seven days a week, 12:30 p.m. to 6:30 p.m. from April 15 through October 15
and 10:30 a.m. to 4:30 p.m. October 15 through April 15. No reduction to
these operating hours may occur without approval of an amendment to this
CLIP. Hours may be expanded with prior specific approval in writing by the
Community Development Department, without amendment to this CUP,
provided the hours do not exceed those identified in City Code Section
9232(b)(v)(12)." On a number of occasions, the facility has been observed to
be closed during periods in which the facility is required to be open for
business.
That continuance of the use would be detrimental to the health, safety, and general
welfare of persons patronizing the shopping plaza in that materials are frequently stored
outside the bins and create an unsightly appearance which detracts from a quality
environment.
That continuance of the use would be injurious or detrimental to property and
improvements in the neighborhood in that cars frequently block parking aisles and
impede the approved circulation pattern for the existing development within the
shopping plaza.
That continuance of the use would require undue expenditures of City resources for the
purposes of monitoring the facility and enforcing applicable conditions of approval.
That this project is categorically exempt (Class 21) pursuant to Section 15321 of the
California Environmental Quality Act.
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City Council Resolution No. 98-81
Page 3
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The City Council hereby revokes Conditional Use Permit 92-014 which authorized a bulk
vending recycling facility in the parking lot of 14551 Red Hill Avenue and requires the facility
and related equipment to be removed and the site to be restored to its original condition witttin
ten (10) days of City Council action.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 8th day
of September, 1998.
THOMAS R. SALTARELLI
MAYOR
PAMELA STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Resolution No. 98-81 was duly passed and
adopted at a regular meeting of the Tustin City Council, held on the 8th day of September, 1998,
by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK