Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2009/03/17 Item 8
ITY COUNCIL STAT~MEN~ CITY OF "` CHULA VISTA March 17, 2009, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-IULA VISTA REVERSING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020) AND APPROVING CONDITIONAL USE PERMIT (PCC-08-020) TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 1315 THIRD AVENUE 1N THE CITY OF CHULA VISTA SUBMITTED BY: REVIEWED BY: Deputy City Manager/Development Services Direct City Manager ST-=. r- T~ (4/5 Vote: Yes_ No X ) SUMMARY Consideration of an appeal, PCC-08-020A filed by TOMRA Pacific, Inc. (TOMRA) appealing the Chula Vista Redevelopment Corporation's (CVRC) decision denying Conditional Use Permit (CUP) PCC-08-020 to operate a small rePlanet Recycling Center located at 1315 Third Avenue. Subsequent to the CVRC decision and filing of the appeal, TOMRA has requested modifications to their CUP application to address some of the issues which were the basis for the denial of the CUP by the CVRC and were similarly raised by the neighbors. The changes, which are described in detail below, include moving the recycling center back to its previously approved location and limiting the hours of operation. ENVIRONMENTAL REVIEW The recycling center project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and staff has determined that the. project qualifies for a Class 3 categorical exemption pursuant to Section 15303 (new construction or conversion of small structures) of the State CEQA Guidelines. No further environmental review is necessary. RECOMMENDATION That the Council adopt the Resolution approving the application for Conditional Use Permit (PCC-08-020) based on the finding of facts described in City Council Resolution. O '~ 3/17/09, Item ~ ~ Page 2 of S DISCUSSION Project Description The project site is in the north parking lot of the Sav-A-Lot store located at 1315 Third Avenue and adjacent to Palomar Street, ,in southwestern Chula Vista, within the merged Chula Vista Redevelopment Project area. The project site is level and represents approximately 500 square feet of a 2.45- acre lot (See Attachment 1). •The existing land uses on and adjacent to the subject site, as well as the land use designations, are shown in the table below. Genera] Plan Designation Zoning Designation Existing Uses Site I Commcrcial Retail (CR) Central Commercial (CC) Sav-A-Lot North Mixed-use Residential (MUR) Central Commercial, Precise Plan (CCP} Commercial uses and one single famil residence East Residential High (RH) Apartment Residential (R-3) Residential South Commercial Retail (CR) Central Commercial (CC) Retail West Commercial Retai] (CR) Central Commercial -Precise Plan (CCP) Retail The rePlanet Recycling Center, owned and operated by TOMRA Pacific, Inc., consists of two roll-o$ mobile containers behind a small building facade used to collect recyclable items that qualify for California Redemption Value (CRV). The center operates by receiving recyclable items from patrons in exchange for a voucher receipt. In turn, patrons can redeem the voucher in the Sav-A-Lot store. Background In 2007, the City Council directed staff to investigate the rePlanet Recycling Center following a citizen's complaint about the number of transients loitering around the recycling center. During the investigation, staff determined that over the course of 20 years, there have been recycling centers operated by different companies on the premises. Chula Vista Municipal Code (CVMC) Section 19.58.345 states that recycling centers may be permitted with a CUP in commercial or industrial zones, and within a convenience zone identified by the state of California Department of Resources, under the California Beverage Container Recycling and Litter Reduction Act. A convenience zone is typically ahalf--mile radius around a supermarket location. In this case, the Sav-A-Lot store is within a convenience zone. The City is not mandated by the state to approve such centers. Listed below is the chronology staff compiled from City records of CUPS and other entitlements for previous recycling center operators: • In 1988, 20/20 Recycling Centers obtained CUP PCC-88-lOM to operate a first generation center. • In 1992, Envipco obtained a CUP (PCC-92-32) and Design Review approval (DRC-92- 40) to allow one multi-unit second-generation machine. 8-2 3/17/09, Item Page 3 of 5 • In 1995, 20/20 Recycling Centers obtained CUP (PCC-92-32M), modifying Envipco's CUP, to operate a manned recycling center. In 1996, 20/20 Recycling Centers closed their recycling center, which operated under CUP (PCC-92-32M), because the Vons store (now Sav-A-Lot)' closed resulting in a significant reduction of 20/20 Recycling Center's customer base to a level that was no longer cost effective to continue operating. TOMRA's contention is that there was another active recycling center opera#ion that they replaced, and believed they were operating under a previously approved CUP. Staff researched Planning and Building Department records, but staff could not find any record of a recycling operator since 20/20 Recycling Centers vacated the premises. Staff recently contacted a representative for 20/20 Recycling Centers who co~rmed that TOMRA placed their rePlanet Recycling Center on the premises and began operating in July 2004.. The attached site plan shows 20/20's recycling center location in 1988, which is where TOMRA placed their recycling center (see Attachment 2). However, the. City has no record of a CUP application filed by TOMRA prior to their current application. In October 2007, in response to the City Council referral, staff prepared a Council memorandum describing the results of the multi-department investigation of the above-mentioned- citizen .complaint (see Attachment 3). Subsequently a Code Enforcement case was opened, and staff has been working with the applicant to obtain the required CUP, Issues Raised During Proieet Processing The CUP application for the rePlanet Recycling Center was initially processed administratively because it meets CVMC code requirements for administrative review of the CUP pursuant to CVMC Section 19.58.345($). During the administrative review process, the recycling center was relocated to the northeast corner of the parking lot and in close proximity to an apartment complex without staffls knowledge. During the public noticing period, staff received. written objections from residents living in the area objecting to the center's current location. According to the Park Palomar Apartment manager, the relocation has impacted the apartment residents citing the following concerns: • Offensive odors from trash and urinating and defecating"against the wall adjacent to the apartments by transients • Unreasonable noise from glass smashing and crushing and altercations between transients • Trash dumped on the lawn of the apartment property to sort out recyclable items before going to the recycling center o Transients leave their shopping carts along the curb in front of the apartments • Trespassing by transients searching for recyclable items on residential property • Other security concems Other residents in the vicinity have also raised various concems (see Attachment 4). Staff held a neighborhood meeting to discuss the issues and the potential for relocation options. The residents were opposed to the center being located anywhere in the vicinity. In response to the resident's concems, the Zoning Administrator elevated the project to a public. hearing before the CVRC as permitted by CVMC 19.14.050. On December 11, 2008, the CVRC voted 4-0-3 with three CVRC Board Members absent, to deny the rePlanet Recycling Center CUP application 8-3 3/17/09, Item jj Page 4 of 5 based on the findings in the CVRC Resolution (see Attachment 5). On December 22, 2008, TOMRA appealed the decision to the City Council (see Attachment 6). The City Council held a duly noticed public hearing to hear the appeal on January 27, 2009. The Council continued TOMRA's appeal, at TOMRA's request, to the March 3, 2009 Council meeting because TOMRA requested more time to prepare their appeal. At the March 3, 2009 Council meeting, with TOMRA's concurrence, the appeal was again continued to the March 17, 2009 Council meeting. Proposed Proiect Modifications Subsequent to the CVRC decision and filing of the appeal, TOMRA has requested modifications to their CUP application to address some of the issues raised by the residents. On February 5, 2009 staff met with TOMRA representatives, .at TOMRA's request, to discuss changes to their CUP application that could address some of the neighbors' concerns stated above. Following the meeting, TOMRA submitted a letter, dated February 6, 2009, to the City proposing to modify their CUP application. As discussed above, staff requested a continuance from the March 3, 2009 City Council meeting to the March 17, 2009 meeting to allow sufficient time to review the proposed changes and the a$ect on staff s previous analysis and recommendation. The changes proposed by TOMR.S will: o Move the recycling center several parking spaces west and near the central access drive along Palomar Street from its current location in the northeast comer of the parking lof and in close proximity to the multi-family zone, and rotate the center to face towards Third Avenue. This places the center further away from the apartment complex and orients the recycling activities toward the existing commercial uses away from the adjacent residential zone. This location is also where the first CUP (PCC-88-lOM) permitted a recycling center to operate. In addition, TOMRA proposes the following modifications to their CUP application: m Reduce the hours of operation of the Recycling Center from 8:00 a.m. to 7:00 p.m., to 10:00 a.m. to 5:00 p.m., Tuesday through Saturday. The center would be closed on .Sunday and Monday. The reverse vending machines will only remain operational during the hours when a personal attendant is present on-site; e Ensure that the recycling center is supervised by a personal attendant during all hours of operation; o Strictly enforce TOMRA's standard policy that the recycling center and surrounding area be kept free of trash and debris. TOMRA also proposes to prepare and pay for a mailer to all households located within the vicinity of the recycling center. The mailer will detail all the significant changes made to the recycling center to incorporate the neighbors' concerns. The mailer will also highlight the name and phone number of a TOMRA representative to whom the residents can direct any concerns about the center. 8-4 3/17/09, Item Page 5 of 5 Moving the recycling center would revert back to the previous operating location when TOMRA fast began operating at the site in .2004 (without a CUP) and where it did not generate complaints by the public to Code Enforcement. This is also the same location of the original recycling center approved back in 1988. Therefore staff is recommending that the CUP findings - for approval can now be made in accordance with these location and operational changes and outreach proposed by TOMRg as stated above. -The conditions of approval are listed in the draft resolution and are consistent with the conditions approved for similar recycling centers throughout the City. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no member has property holdings within 500 feet of the boundaries of the property that is the subject of this action. CONCLUSION Staff is recommending that the City Council approve the CUP because the changes made, and outreach proposed by TOMRA would reduce or minimize the impacts to the residents and surrounding uses, therefore the findings can be made that the recycling center would not be a detriment to the health and welfare to the surrounding residential neighborhood, as outlined in the attached City Council Resolution. Attachments: 1. Locator Map 2. 1988 Site Plan 3. 2007 Memo to City Council 4. Petitions/hetters from Citizens 5. CVRC Resolution Adopted on 12/11/08 b. TOMRA Pacific, Inc Appea] Form/Appeal Issues R-.5 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOeATOR Praect PRai=_crnES.:w~one. . n~~uc,~rr;; Toms Pacific, (nc. ty'ilSCELLAidEO[JS aRo.t=c 1315 Third Avz Project 8umtr~ary. Proposing a Recycling buy back cenfer. rno~=ss: scgt_=_• t1`•NU~ta~: L•~Gabe FlesUoca:orslPCC48424.~f C4.43.08 R _ Fi yn c oli,r ar ~ ~ r 2"0` ZOrProposed.Site ( " ~; 1 ~-" - ~ • ~ - ~r• i. ` ~ _ \ ~--• . , ' s ~ . /• 1 F~ N ~ ^ ^1 ~ ~ ~ t ~ ~ ; ,:-r-; ~ , ~~~ • ~ ~ 9 ~ ~ .e i ~~ ~ _ f `I~ \ • ~, i i , ~,~ ,y t o =: ,. '.~'4~[ ((1 C" - j b 1ralY CfI~~I rilr...sr ~ .. ., . ~~~yyy ,..,.j::_ __ g~ `i±. '1#` _ Q ..~ L __ _sLa.~a~+~.r_ __~ r~ T ~.. FI ~'~•~_~ 1~_~L '... TaFz .\ ._2:r. : i ~ ~ ~ ! .o > 3 i\~ \ - ~ ,'. ~ ` ' I 7 ~ ~ d \ \ ~ l4\ \ ~• • I ~^ c ~ o-- . ~' n ~ \ ~"' rt mO ~ _ ~ ~G G O\ ~! e _, a-- .. ~ . ~~ e i •' - .. , ~ • - _ 1 ( • ~~ ~,Z ~~ -, ", b ~. • .~ .v:n~ P ~ ~ o ~ ,: e ~ ~ • ~. °M1 L r' i~ ° • . , . '~1`. * I O O ~b2K ~i ~ n ~ .~ ~ ~ N Q7 .~ rc~ F-' an .~ ~~~ rr . ~ • nos ,i m I i t ~ i , .~ _ - ~ .f 8-7 ~TTOf'I-JRAGniT 7 l .-= COUNCIL INFORMATION MEMORANDUM DATE: October 22, 2007 T0: The Honorable Mayor and City Council VIA: David Garcia, Interim City Manager FROM: James D, Sandoval, Director of Planning and Building SUBJECT: Response to Council Referral regarding RePlanet Recycling Council Referral: Christine Avilla; a resident who lives neaz the Save-a-lot Grocery Store, 1301 Third Ave., spoke concerned about the individuals who loiter in front of the - - RePlanet Recycling Center, many of whom she believes to ~ be homeless: She alledged that these individuals discard drugs and paraphernalia, defecate and urinate, beg' and steal, in and around the parking lot of the grocery store inhere the recycling center is located. She also alledged that the store allows individuals to park their vehicles overnight on the lot. She asked Council for their assistance on the matter, and requested they not renew the lease for the recycling center. Police Research: Ca11s for Service: The police cad computer indiciated 37 calls for service involving "transients" for the 1300 block of Std from July 3rd through June 18. A large portion of the calls for service were from one reporting party complaining about transients in the area but no actual crime. Police Response: There does not appear to be the level of activity referenced to the compplaint to council. Patrol Officers have been made aware of the concerns and will take appropriate action as needed. Code Enforcement/Plannin~ Research: Use and Permits: The RePlanet recycling facility located at 1315 Third Avenue was operating without 'the appropriate a conditional use permit (CUP) or business license. Although there had been a previous CUP on file for 20/20. Recycle Centers dating back to 1988, that CUP allowed for a small recycling center that included four igloo receptacles and a small kiosk. The current RePlanet operation is much larger .and requires . an amendment to the existing CUP. s-s ATTACHMENT 3 _ ,~ ~_ . Code Enforcement/Plannina Response: Code enforcement staff issued an Notice of Violation to the owner.(s) and operators of the RePlanet recycling center as well as the property owner(s) requiring that they amend the existing CUP or, modify the operation to comply with the existing CUP or cease operation and, in the case of continued operation, obtain the proper business license. Summary As of October 22, 2007 the operators of the RePlanet recycling center have contacted the Planning Department to initiate the process of amending their CUP. Once that has been completed they will obtain the required business license. Although the RePlanet Yecycling center is a draw on police resources it is due, in large part; to the calls 'for service for individuals who use the recycling center. The majority of these calls (16) aze from one individual who lives across the street from the center. It is important to note that of these 16 calls for service, only foot described a potential crime. The other 12 calls were related to "transients" simply being in the area. Of the remaining 21 calls for service from other reporting parties,., nine referred to subjects possibly needing a psychological evaluation, four referred to subject being loud in the area, three referred to subjcts who were possibly intoxicated, and five referred to subjects who appeared to be "transients" but there actions were not described as being related to any type of crime. The Police Department must respond to such calls but cannot control the.legal movement of individuals on public strets and sidewlks. 8-9 if. ~~ ruts z2, 2oos V ~_ . 2~'~ Palomar Street Chula Visa, CA 91911 • 619.426.8a6Q ~~;~L 2Q ?aaa ~~AN~~N City Zoring Admi3istrator of Chula Vista Go Michael W. ~WaTker, ProjectPlznner Plznn~g aid Suilnng ~epa.-Lnent, Public Services Building. 276 Fourth Avenue Chula Vista, C_~i 91910 RE: Czse Number PCC-O8-020 (cr~,1315 > ;Td Avenue r - _. ,_.,~. ,_ . ... ''- _ ;: ~.~,: _=ivPr`•ZoriingAdmiuistraior: _..... _.... .. .. _ Y'i 1 ~ ~ }~ . 1:.-~tr~~e " "Y~_.b eLL . 'r :.:~ . ~ s~ ~'ma~ge_a Large zpartment property adjacent to.the recycling center cu~:zntly being' „y;~= ~~,;, _wr=?~Qpe=~~~ LvTy business and my residents have been negatively impacted by the recent .:; .::. , ~~.' ~~' `3p~ ;''eTocatt©ii'of the recycling center in the north parlang lot of the Save-a-Lot store. , .Y ~• ~ ~ ~, Since tfie move to the east sde of this lot, my resident have h?d to endure a great deQl of discomforts. 'T'here are oiiensive odors thatwzi~ over from ~~e tash and due . ...: . : , . , , .: ., to. customers of the center that_~-inzte ztid def'ecat~ against the wall adjacent to the `a~ar~ients. In zddition, there is.unreasonableuoisefrom the glass smaslzing and . • ` ~' crashing as well as the fightng and yeIling tLzt occurs betw°.~n the ausioners of ae center. The customers ofthe center aise use my property as z stopping point tc dump their trash all over the grass to sort it out prior to bringing it to the center. They leave then shopping carts on my c~sb appeal areas in front beca~.ise they, are not allowed to bring theme on the propertyof the center. F have lost residents beca•:xse of the close proximi~ of fee center to my zpzr~en+s and w~I con'•~ue to Mess this is resolved. I have inplored ue propel manzgement of the Save-a lot, in the spi-zt of being a good neighbor, to relocate ~e center to the west most side of their north lot where there is room, b*st they refuse. Please reaove tnis burden from my senior ci'dzen residents znd the ~easonaole i1*,te,-ference it hzs with my ~abuty to conduct business. a81so ATTACHMENT 4 i^ .Poly 11, 2008 Fagz . 7-2D 8-1 1 Gezv°zaI Maaager ..~ . To: cc: Subject: 7~z3/zgo8 Dear 11~IrcWalker; 1 am at your request Submitting my written complaint about the re-planet recycling center located @ 131b third ave c.v ca 41911 my name is Colleen Daley and l live at 286~P.a:lomarst.(accross the street from the Palomar st. entrance to save-alot . l have }ived here 5 going on 6 years and E have witnessed the kind or"people this business attracts, since the first year the re-planet was operating at this address. there are 13 to 20 home#ess people who frequent this #ocation on a daily basis .These homeless people steal grocery carts from Target, rite-aid ,cvs pharmacy,wailmart,walgreens are just same of the carts I ,have seen in the Save-alot parking lot and up and down the sidewalk.The Nameless people leave there trash in these carts sa no-one will take the carts from them . The cart collectors wont take any trash out of the. carts due to needles found in them and other drug paraphernalia. !n the meantime carts ar.e sometimes scarce. Those homeless people steal from yard to yard. } saav a homeless owned. pick-up truck out side the re-planet one night about 10 pm .i called the police but they didn't find anyone at the truck and left. The next day when !woke up and looked out the window # saw police at the re-#anet had been 6raken into. Union bank has been broken into. the Mailbox located an the sidewalk between save-all an rte-aid has been broken into. l had to get a goose to protect my yard, as a deterrent to homeless sleeping in my yard -but they sti#I got in until # had to put up livestock fencing to keep my;geese in and the homeless out. 1 went to a city council m~.efing on b=g7 and asked for the removal of the re-planet but riofhing was ever done~aboutit. 1 went as'far'as calling Ivii'cfiael Turko ' at KUS1 news and he did a story on the re-planet. Again nothing . I believe that the re-planet needs to be re-#ocated not renewed !!!!!!!!!! I believe we should move the re-planet to the police dept. parking lot so the police have a gr#p an the re-planet and the drug abusing and alcoholic, trash collecting ,thieves who wi[I steal your recyc#ables . 1 have ' chased them away from my recyclab#es can. Doesn't that mean they are stealing from the city? or the state? tease reconsid rene the re- planets (ease to operate .P{ease reconsider t e re-planets coridiona use Save a copy of this a-mail to my Sent messages folder . RE~ l ~ ~Ya-~ S ~z_ ~ ~ wL...Q ~~ c~ JUN 2 ~~ ~ I ~~CC,~CJi~ I ~' ~ ~?a'l~ 'F~, - http.// ail-s 3.msniv.m am/ap mai#fw mat ... Page ZJl 8-12 ~_ ~~ ~~e~ 3uly I5, 2008 ?vf~chael w. walkei, Protect Planner City of Chula Vista. PIasming and Bulding(PubLc Services 276 Fourth Avc Chula Vista, CA 41910 JUG ~ 1 2008 PLANrdING RE. C3ppositioa 'Z'o Project RePlanet Recycling Center (Case PCC-0S-(32d) Q,%e w~nuld 7~1ce to express our strong opposition to the establishment of the above mentioned recycling center adjac~t to the Save-a-I,ot-More, rich is located across from our property, V~Ia Tempr~ located approximately at Tl~d Avenue and Palomar Stteet_ Villa Temps is a homeowners association consisting of 36 individual town homes founded in 1986. we c~ntly participate in. the city's recycling effort as we have 2 foot yt=aite containers deployed in ors ~ ~ and have been hugely successful in the eftorf. we believe a~dat should be the prei'erred method of participation for residential properties. To have a coIlection center located near a community residential complex like Villa Temps encouras3es the freeIan~ collectors fo violate our property rights and trespass onto our grounds in search of recyclables, a§ we ha~%e experienced in the past Indead we in.sc~.Iled entrance gates last year to preverLt these people from ent ~a our propety, which at times was at 2 am. We expect the cup's support in protecting our grope;.ty. Yozss truly, ._ ... .. .. _ . _ .. .. _ . The residents of Vill Temps HOA (1" 0 itl Tem O_-4, Chula Vista, CA, 91911) L..L G t c= /~ ~/J ~~ ~~ ~J ~~~ ~ ~- a~ l?~~-~ V f ~, , ~z Q-1 R ~, USN 7~3 .. . Redevelopment Corporation City of Chula Vista 276 Fo~-~th Ave Chula Vista, CA 919I I~..o~embrr d q 2t}t1g '> . ;. ~: #~ECEfVED f~ov Y a 2oas ~ ~~ ~ ~~ld RE: Opposition To Project Tams Pari$c Re ~~ ~9~ c37~ ~~~~' {tea l~~-~, Heating date of 11I13/2Q08 @6:OOpm We would Like to impress o~ strong opposition to the above mentioned ~img adjacent to the Save-a-Lot~tore, which is Ioca~ed across from our properly, VtU~. Temps, located approximately at Third Avenue, and Palomar Street (see phcltgs~ Villa Tenpra is a homeowners association consisting of 3b individual town homes founded in 1986. We cnxxently participate in the city's recycling e$~ort as we have two 6- foot white containers deployed in our property (see gichues} and have been higl;ly successful in the e$ort We believe that should bethe prefen-ed, method of participation fer residential groperties_ To have a collection center located near a coxmn~.'~ x~idential complex like Villa Temps encourages the freelance collectors to violate our propety rights and trespass onto our grounds fa search of recyclables, as we have experienced in the past and continue to experience. Indeed we installed enhance gates last yeaz to prevent these people from entering our property, which ai tines was at 2 am_ In addition to the violation of our security, we also feel tbieatea"d by the ~t that these individuals rummage tbru ota- garbage, which may include discm;3ed sensitive documents. Since the white containers already have the salted r~ecyolables, it is very easy for these people to access them and zemove.the cans, bottles, and other recyclalles, ~~ich they can easily taro into cash by simply walking .az~oss the street. These .easy pickings provide great incentive for these izidividuals to trespass onto oarproperty, We expect the city's support in pratecdag ~aur property_ The second reason we oppose the recycling center has to do with the reason given for the project that being that the surrounding T-~ATkets (of which here axe 6 nearby) and other stores which are required to comply with the Recycling CerttRr Apt (AB202Q}, have decided they don't want to n?canvenience themselves with having to ex°.:ate an intake and storage area i~de their stares. Thus this cater will allow them to comply with the Iaw, but they don't realize they are doing so by cr°.ating problems for the xLS-identL1 properties in the area A recycling center of this magnitude .goes beyond the reasonable size of what otbexwise would be a smelt azea inside each establishment. We expect the city's support in protecting our property. . Yours trLii?y, lj ~auric3e C mat, President on behalf of Recycling C.-nter 8~oun ~~-~a Area Palomar St and 3 ve. -Villa Temps HOA 1-17 st_y s Recycling Center Surrounding Area Palomar-St. and 3`d Ave. -Villa Temps HOA ~'~X :~ 3elp me get the RePlanetrelocated. If you would like to see the Replanet relocated please sign this petition. I will submit this petition to the City Counsel meeting in December. The RePlauet is located on the ~aveALot parl~ng Iot. bite address: 131 Third ~ive_gu (~~y(/~Chula ~~sta _CA 91911. R-17 Si usted quiere ver RePlanet cambiado de Iugar, P©r favor $rme esta geizci6n. 'Estas firmas van a ser gresentadas en la sunta Consejera de la Ciudad en Diciembre. RePlanet es localizada en el estarionamierito de Save-A-Lod Direction: 1315-Third Avenue, Chula Vista, CA 91911. 8-18 NOMBRE DIItE~C`tbN TEI,~FONO ~ t p nom. c~--~-~ ~ 2. (~ (~.+ti-~~~ ~ ~ ~C,~~~ ~~~c:~ if you ~ntould lilze to see the RePlanet relocated ~?~.~' please sign this petition. I wi[[~submit this petition ~j' . to the City Counsel meeting in Qecember. The' ~~ ReP[anet is located on the SaveALot parking lot. ~ ., - ~ _ ~ ` ,~- .~-~~J ; ~_/ C~S~ ~ !nc r.~rt~ ~~ V ~ / `/ ~1 ~ `_ CJ ~ V l , • /`~/ / I ; ~ I Y i ~ ~~ ~ ' r ~~ 1 :7 //'' / i L ~ 1~ ~ v /~ !'7 „ L 1 ~~ St`s s 7-26 8-7 9 5-20 help me get the ~tePlanet relocated. If you would like to seethe Replanet relocated please sign. this petition. I will submit this petition to t3~e City Counsel meeting in December. 'I`he ReFlanet is located on the•SaveA~Lot help me get the RePlanet relocated. If you would ii~e to see the I~eplanet relocated please sign this petitzon. I will submit this petition to the City Counsel meeting in ~ece~nher. The RePlanet is located on the SaveAilot p -' g lot. to addr ss: 1315 Z`hird Avenue, Chula Vista; CA 91911. N?.M~ ADARESS PHOIV'E 7 5-21 Fleip me get the Re~'lanet relocated. If you would like. to see the Replanet relocated please sign this petition. X will submit this petition_to the Cify Caunsei meeting in Dece~aber. The RePlanet is located on the SaveA~ot parl~ng lat. Site addres`s~1315 Third A~ventze, Chula Vista., CA 91911. N ~~4LE ~ ~" ~ ~ ADDRESS.! ~ 1 ~~ V~ ~ PHO~ 8-22 Help me get the Re~lanet relocated. If you would like to see the Replanet relocated please sign this petition. ~ Dili submit this .petition to the Cii~, Counsel meeting in I3ece~nber. The ~ePlanet is located an the SaveA_Lot parl~ng lot. bite address: 1315 Third ~venn.e, Chula Vista, CA 91911. NAME ADDRESS PHONE 8-23 Cv~c ~soLUrioN N o. zoos-oo7 RESOLUTION OF TTr~ CHULA ~STA . Rr~71 ~ YELO?ME?~IT CORPORATION D';'NYING CON`D1iI0NAL li5E aERMIT (PCC- 08-020), TO OPERATE A S_M.~,L RBPLANET RECYCLING BUY BACK CElvi'ER LOCATF~ AT I3li THR_:? A~~NUE ~ TFiE CITY OF C?~=ULA VLSTA W~LREAS, the parcel, which is the subject matter of t, ;c resolL~tion, is represented in' Attzchment 2 a~ zched hereto end incorporated here by ``hi_c reference, and for the atrose of general descript?on s located at 1315 Third Ave-n~e, Chila Vis`~ and Wt~REAS, on March 27, 2008, a duty verified apptica.~on for a Conditional Use Permit (PCG08-020} was filed wu the Ci~y of Chula Vista on behaL~ of 'I'owa- Pacific, 1ZCO~orzted (AppIica-t) to ope,-2_se a recycling buy back center cgnsisting of two 8' x 20' roll-orT contaiders and a small build±h.g facade used to collect recyclable ite~a tl~ q + ;~ for CRV (Cali~rorilia Redempton Value} at `ue north parl~g Iot of the Saee-z-~,ot store, located at 7 31 ~ Third -_ venue' rrujectj; and .. ._ WI~REAS, the Project h2s been reviewed far compliance with the Czlifornia Environmental Qiality "Act (CEQA} end based on tzis review he En-rironmental Review Coord:r~tor deter-L.iaed tfia~ the project quali~es for a Class 3 eztegorical exemption pta~-t~ant to Section I5303 (new .cons~uction or conversion of small, stuctses) of the S``te CEQA Guidelines. Thus no fL-thei environ~en`aI review is ~ecessa-y; ~d .. - ~N~REAS, a hear~g tine aced place was 'set. by .the ~ Chutz -Vist=_ RedeveIop~ent _ _ Corporaton (C-JRC) for cansider~tiot of the Proj ecf and "notice of said ~ez*ing, to?e`1~er with its purpose, was given by i+s publicatbn in a newspaper of genet c~rcuiaton in the Cityr and its mailing to property owners and residents within 500 feet. of the exterior boundaries of the prapei ~ , at least ten (10) days pricer to the hearing; and Wl'~REA.S, the • Chia Vista Redevelopment Corpoztoa held a duly Hotted public hearing•to consider said appltcaton at the time and place as advel~isecL nanaeIy Novc*~be= 13, 2008 ~ 6:00 p.m.. n the Council Chambers, 276 Fourth Avenue, before the Chula Vistz Redevelopment Corpor~ton and std he2n'_ng was thereuLUrr closed; and NOW, ~ tLRErORE, BE IT RESOLVED that `fie Chula Vista .Redevelopment Corporation does hereby find, deter-one, Ld resol-~e ~s follows: i'h~e Project and Conditional use Per~rt _(PCC-08-020) are denied based on the following ceding of fa :ts iZ accordance wztn Chula Vista. Mc~cipat Code Section 19.14.080: 1. That the pro~oseC L$e at t~ IOCctlan :s hat Il8Ce5SZi~ Or de5'rnble to pra~•zd_° a SerSICe OI fzciiiy wT~ich wiL co*_~ibute to +?-~e general caeTS be-~.g of the neighbor?~ood or the co~tmity. 78x24 ATTACHMENT 5 CVRC Resolution 2008-007 Pa?e 2 T"tie Project is t.*odesL~bie m the area because ~a,y residents adjacent to, and w1t~ `fie vIC'~,Iiy O. the ICCyC +n? Center IiaVe seised COIlCernS 2~OLTt' the t*?~.iienS Who IDIter zrot~d the center bringing and Ieati2~g saopp~g carts, trespzssing, n,-~,-,a~;na ti,-ough t-ac_h recap ~~les, and stezl_ing recyclable items nom private prppeity. Residents have cai.Ied the Police Department several times to the area because the evidence indicates that these incidences are associaLd v~rish the recycling censer. The applicant sez;;,hed'for o`er potential locations i~ o her commercial and industrial areas away from residential areas, bL*t storeowners and landlords wand not consider siting she recycling center on t7eir prope_ty. Based on this, -u} e Project would negztiveIy contr_'bu~e to the general well being of the commulzity. 2• That such we will, tinder the circZ=st~ces of the pzr'~ic•~ilar case, 'oe de~:men~.~1 to the aeai`~:, safety or ge~~l welfare of persons residing or working is the vicini~ or inj[II10L5 tD property or improvements in the vicinity. ' The Project uill_ be a dettiiaent to the residens in the zrea because of the contnual negative activities associated with the recycling center including offensive odors from ~sli and ~-nsients u,~inating and defecatng ago; t tue ;vall adjacent to the apartments; unreasonable noise from glass .'s a ,;,,~ and' crusaing; fi ting tTarsieL ~ ~ ~ amd yelling among .... ts;•'trasa dumped on resdenal aroperty; transients Ie~~-;ag shopping cabs zlong the curb in front of the adizcent anar~ents; transien*s trespassing on residential prop 1~ in sea~;,h of recyclable items; and sec,?-i,y concerns, 3. That tae proaosed use will co*nply w~~a the regulations specified in the code for such use. '! ~e Project zd its locator, con-pl±es wi+~ th•_ app3icable reg-~laiiors and stndards spe:,ij.ed in the Municipal Code for recyc'ing center use. ~?thouPh the tse rampIies vita all City zoLing and build~.g reguations, this is a discretionary action, and as part of the ._.. LcLetionary' ~evlew, aspects, of. `tee. _Project .lust be considered- uctadi_*Ig potential spzcts to one ~.ealrh; sa~ety and well being of persons 1ivls~ aid woriciog.in the vicinity: ~ .. f's s'ated in Find;.ngs 1 and 2, the Project is a detrineat to the suroending community therefore, theProject shotid be denied ~. That deal of this Condit2onal Use Fern will not adversely area tae General plan of ~e City ~d the Urban Core SpeciSc Place, ' . :4lthou~i,;;r~e Project confo,-,-_,.s to the City of Chia Vista General Plan ~d Zon;sQ Ordinance, 'die Project coni!i~s vrith General Plan Lznd Use and Transportztiors lament (LLi) Objectve 35, `'Revi`~alize aid protect enis',_n.g sable residential neighborhoods in tae Soushwest Planning Al ea from adverse land useL--pads" zrd LUT Policy 35.4 `rocus on historic nreservztion; sa_ety. and security; and code enforceriient eiior`s with*rr older neigaborhooas in the Sot-tnwest Planing ,g2ez:~ "I'he project ,pzcts Objective 35 beczuse the residents acre subjected to various actions acid activities, s'~ed ~ Finding 2, by ~,-aasients who fr cent `~.e roc ci'n arez_ ie a , .. ~ Y -L-g center and the s`~otnding L Proj.,c~,T-,pacts Policy 35.4 bacaoce there h=.ve been many calls for senTice for ChL1a Yst?. Ponce response by resden~s to investigate disturbances in 'fie Project vicinity. inn Project aso impac`cs Poiicy;5,4 beca,e Code Enforcement efi'or-s wi=h;n otd.,_ nelehborhoods wirthin the Southwest Pl~inQ Arez are beiztg impacted by Cpnyn,in ai~em t5 t0 bi ~ a.~ g P ~ tae Fr of _..t ;,, ~ compliance. 7-~0 R-.~F cti-RC Resolt*~an Zoos-oo ?~~;. Fresen`~. by ~ ` Eric Crockett Redevelopment ~d Rousing?ssistamt D?rector PASSED, APPROVED, and ADOPT D by fae ChL]a Vis`~ Redevetaama~t Co~or~tion of tie City of Chula Vista this I ltn aay of D~ember, 2008 by the fond Wing vote: A~ ~S NAYS ABSENT': Directo*s: De~ochers,.Reyes, Szas, and Lewis 17~rectors: None Directors: Mtirioz, Paul Roonev ABSTAIN: Director: Narie . ATTEST: .. ~ °~~ _ ~ o CV o ric C. Crocker, Sew etas ~ Q ~~ • c ~- ~ D asfrs2oos o z s ~ ATE o~ cAL>r oRria. ) '~ ~ °~ ,~ ° . COUNTY OF SAN D1rG0 ) O~ °~°`' Q-Y'" CITY OF CSULA VISTA ) ~'~~NE GO`zQ~ i, Eric C. Crockett Secretary of the Chula Visa Redevelopment Corporton of the City of Chula Vif~ Califorri?, do hereby ce;t,~~ that the foregoing CVRC Resolution No. 2008-007 was d•,dy passed, approved, and adopted by the Chula Vista. Redevelopment Corpora~on at a regular meeting of the Chula Vista Redevelopment Corporation :Held an the llth day of December 2008. Executzd this I lth day of December 2008. . ~ ~-~ =~ Eric C. Crocketts Secretary 7-1i R-26 Approved as to fog by MLNUTES OF THE REGULAR MEETING OF TIC CHUI,A VISTA REDEVELOPMENT CORPORATION {CVRC) December 11, 2008 6:00 P.M. The Regulaz Meeting of the Chula Vista Redevelopment Corporation was called to order at 6:03 p.m. in the Council Chambers; located in City HaIL 276 Fourth Avenue; Chula Vista, California , CVRC ROLL CALL PRESENT: Directors: Desrochers, Reyes, Salas and Chair Lewis ABSENT: Directors: Munoz, Paul, and Rooney ALSO PRESENT: Interim Executive Director/Interim City Manager Tulloch; Deputy City Attorney Shirey, Redevelopment & Houszne Assistant Director Crockett Planning and Building Director Halbert Development Planning Manager Ladiana Senior Planner Walker, Senior Planner Tapia: Associate Planner Zumwalt; Environmental Services Program Manager France, Principal Project Coordinator Lee, Executive Assistant to the City Manager Peoples,. Senior Administrative Secretary Fields PLEDGE OF ALLEGIANCE. MOIvM.ENT OF SILENCE CONSENT CALENDAR APPROVAL OF MINUTES Staff Reco*_nmendation: Approve the minutes of the Regular Meeting of November 13, ?008. ACTION: Director Desrochers moved approval of the Consent CaIendaz. Director Reyes seconded the motion and it carried unanimously vrith Directors Munoz Paul and Rooney absent PUBLIC COMMENTS There were none. WTRODUCTION 2. GARY HALBERT; NEW PLANNING & BUILDING DIRECTOR Interim Executive Director Tulloch introduced new Planning & Building Director Halbert and spoke briefly on his work experience and backeround. Pale l of ~ CVRC -Minutes -December ] 7.3005 R=27 PUBLIC HEARINGS Chair Lewis announced that Item ~ was legally noticed as a public hearing; but inadvertently listed on the asenda as an action item. 3. TOMRA PACIFIC. INC. REPLANET RECYCLING CENTER (PCC-08-020) Public hearing to consider an application for a conditional use permit for a small recycling buy-back center in the Sav-a-Lot parking lot located at 131 Third Avenue in the Southwest Redevelopment Area. This item was continued from the meeting of November 13.2008. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Development Planning Manaser Ladiana introduced the item; and Senior Planner Walker presented the staff report and responded to questions. Chair Lewis opened the public hearing. The follo~dng people were present wishing to speak: Maurico Chamat, Chula Vista resident representing Villa Tempra Homeowners Association; comprised of 36 residential units, spoke in opposition to the proposed CUP and presented a petition in opposition signed b}~ 39 people. Theresa Accero, Chula Vista resident spoke in opposition to the proposed CUP. Colleen, Chula Vista resident; spoke in opposition to the proposed CUP and presented petitions signed by 56 people. Frank Kamerro,.representing Tomra Pacific, Inc. Replanet Recycling Center spoke in support of the proposed CUP and presented a brief video taken at the site feariring several Chula Vista residents speaking in support of the Center. Clando Brownlee; resident of National Ciiy; representing .UNYRG - a youth recycling fundraising organization spoke in support of the proposed CUP. Enrique Santabalbine, Chula Vista resident spoke in support of the proposed CUP and was one of the local residents featured in the ~~ideo. ' lose Felix Garcag; Chula Vista resident spoke in support of the proposed CUP. Maria Garcia, Chula Vista resident_ spoke in support of the proposed CUP. Chair Lewis closed the public hearing. Pace 2 of S CVRC -Minutes -December 11: 2D08 R-.7R ACTION: Director 5alas moved to adopt CVRC Resolution No. 2008-007. heading read; teat waived: CVRC RESOLUTION NO. 2008-007; RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION DENYING CONDITIONAL USE PERMIT (PCC-08-020): TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 131 THIRD AVENUE IN THE CITY OF CHULA VISTA Director Reyes seconded the motion and it carved unanimously with Directors Munoz, Paul and Rooney absent. ~. MOSSY NISSAN Public hearing to consider a request for approval of a Design Review application to permit new commercial construction of a, 3I,796 sq. ft. Mossy Nissan auto sales and service building located at the northeast comer of the intersection of Main Street and Auto Park Avenue. Notice of the hea_*ing was given in accordance with legal requirements, and the hearing was he]d on the date and. at the time specified in the notice. Development Planning Manager Ladiana introduced the item; and Associate PIanner Zumwalt presented the stiff report and responded to questions. Chair Leads opened the public heading. Darrold Davis of CCBG Architects Inc.; architect for the applicant; responded to questions of the Board. There being no others present wishing to speak; Chair Leafs closed the public hearing. ACTION: Director Desrochers moved to adopt CVRC Resolution No. 2008-008 heading read. teat waived: - CVRC RESOLUTION N0. 2008-008, RESOLUTION OF THE CHLZA VISTA REDEVELOPMENT CORPORATION APPROVING A DESIGN REVIEW PERMIT (DRC-08-019). TO ALLOW THE CONSTRUCTION OF A 31;796 SQ. FT. AUTO DEALERSHIP LOCATED AT THE INTERSECTION OF MAIN STREET AND AUTO PARK AVENUE AN'D AN AUTO STORAGE LOT LOCATED ON AUTO PARK PLACE IN THE CITY OF CHULA VISTA Director Sa1as seconded t're motion and it carried unanimously with Directors Munoz, Paul and Rooney absent. Pa~e3 or'S CVRC -Minutes -December 11.2008 R-7A ACTION ITEMS Chair Lewis, once again stated that item ~ was a legally noticed public hearing that had inadvertently been listed on the agenda as an action item. 5. VASQUEZ 1NDUSTRL~L BUILDING (DRC-0702M) Proposed modifications to the exterior elevations of the previously approved multi-tenant industrial buildins. Notice of the hearing was given in accordance with legal reouirements, and the hearing was held on the date and at the rime specified in the notice. Development Planning Manager Ladiana introduced' the item. and Sehior Planner Tapia presented the. staff report and responded to questions, , The follovdng people were present ~~ishing to speak: Theresa Accero; Chula Vista resident representing the Southwest Chula Vista Ci~ric Associ?_tion; spoke in support of the project. The architect representing the Vasquez family responded to the Board's questions regarding the process the Vasquez family had gone through and the amount of time and costs incurred. Chair Lewis appointed a subcommittee of Directors Desrochers and Reyes to work with staff and the Vasquez farnily and their architect to get the project done, and to bring a report back after the first of the year. Chair Lewis closed the public hearing. ACTION': Director Desrochers moved to adopt CVRC Resolution No. 2005-009 heading read, text waived: CVRC RESOLUTION N0. 2008-009, RESOLUTION OF THE CIiULA VISTA REDEVELOPA~fENT CORPORATION .~PPRO~TLNG DESIGN REVIEW PERMIT (DRC-0702M) REQUESTING EXTERIOR MODIFICATIONS TO A PREVIOUSLY APPROVED 24;585-SQUARE FOOT INDUSTRIAL BUILDLNG AT 144 27' ~~ STREET IN THE CITY OF CHULA VISTA Director Salas seconded t!`~e motion and it carried unanimously; wiu't Directors Munoz Paul and Rooney absent. Page 4 of ~ CVRC -Minutes -December 17, ?008 a_~n 6. CHIEF EXECUTIVE OFFICER'S REPORTS Interim Chief Executive Officer Tulloch reported that the City Council had selected Jim Sandoval as the new City Manager, so this would be his last meeting Huth the CVRC. He then stated that he had had the opporhuuty to observe the Board members in several capacities since coming to Chula Vista and that he had been continually impressed v~ith the depth and breath of their experience and dedication to Chula Vista and its development.. He then wished them well and thanked them for everything they do for the City and expressed his hope that they would be given even more oppomtniry to do the kinds of things that they want to do for Chula Vista. 7. CHAIRMAN'S REPORTS Chair Lends ~n~ished everyone a happy holiday season. 8. DIRECTORS' COMMENTS Director Salas stated that he had spoken with the Director of the. City of San Diego Redevelopment Asency resarding tax increment funding for low and mod housing, and the possibility to eh-tend from the 20 years out to 40 years. There may be hope of extending the tax increments to create a funding stream to be used for low mod housing. .Director Desrochers proposed a workshop be held in the next month or so on the Bayfront to include ?he CVRC. City staff; and the Port District. Interim Chief Executive Officer Tulloch stated that a number of things were being done to keep moving forward on a ba}d'ront development. and he will pass this interest on to City Manager Sandoval. Director Desrochers inquired of Rede~~elopment and Housine Assistant Duector Crockett, as to the effects of the budget cuts on his depzrtrnent, noting that he would hate to see the City combine Redevelopment & Housing v,~ith General Fund so as not to weaken the department. Interim Chief Executive Officer Tulloch provided a brief oven~iev,~ of the estimzted City budget shoitfaIls, noting that people were asking about the loan between the RDA and the General Fund and whether there was a way that the RDA could somehow repay part of it back. Director Salas offered assistance from the CVRC Directors to assist staff in whatever way needed. ADJOURNMENT At 7:~3 p.m.; Chair Lewis adjourned the.meetins to the Regular Meeting of January 8; ?009 of 6:00 p.m. and noted that the December 25, ?008 meeting had been cancelled. ' G o~ 00,9 ~~`pO vl S/\ ~. o CVRC $ ~ Z o $ D6/i512D05 c 4 Paee ~ of ~ ~~`~'°MENT GD~eo~ Eric Crockett Secretary CVRC -Minutes -December ] 1, 3005 8-31 ~~~~~~~ X10 ~ -~~ DEC i 9 ~0~8 ~Uiri YIJ I~'1 .~~~ -_ '.. 1 ~i~ IIf J;~1`l. Q 6 2~D9 Appeal the decision of the: ~ 1 ' ~17 , ~ T~i ~. i~~~'~,qq l d~~ i~~ nn~ a fD ~,/e'~p ~r t n e n t III.~JDIL^.L-..JC~ 14~!3+e ``i0 Gn1En( FfOCE551n~ rJETY OF~A>~~~i1CATlau FORM Cl ~ i GtEFcK'S Of rll.. ^ Zoning Adn-,inistrator i p ~ a - -- ` ^ Design Review Commit*.ee .; - - ~ ~ _ - ;.., _ ® Planning Commission (C. V. R. C.) ~ ~- ~ ,u ~ ~ -.~ "~ _ ~r ~ ~y ~ - Application inforrrtation ~'~`'"~'w, i ~; ~~~ Yid*~~~5 ~ y ~o ~. Marne of _._....,. G .~.-~~. ,~ - ~~~ .'~j Appellant: Tor~a_ ppcLFSG, zr.c. Phone No. (9S~ 520-1700 ~ ~ ~ ~ -~~ Home Address: Business Address: 1~0 tZ1uQ Circle, Corona, CA 9.2880. PrOjeCt AddreSS: 1315 Third Aver_ue . Chulz V{ stn C?_ 91911 Project iJescription: Coaditioazl IIse ?emit No.~ 2CC-08-Q20 ' (Example: zone change, variance, conditional use permit, design review, etc,) Please use the space below to provide a response to the decision you are appealing. A«ach additional sheets, i? necessary, --_T079RS a~pEals--the China Vista Redeveiorvneat Cc^roraticn's ("C4RC") denial of TCMRits avnhcztion for Conditi'ohzl` Cse "F ex=•,;.i° lac vCC-08-OZD ("rise =e-nit"1 -` to ~o~'~ -te a sil _beverage coatainer.recgcl=:~ z=:d reea_nt'ca -e^`e- ("R=cY^i{•-¢ Ce-tee ") - tae oe k' q tot tarea of the Sav-a-Lot shottinsr center located at 1315 Third Avenue .n the Citv of C'cule Vista, based uron.the `o~lo--ie ¢-ounds• fil the Cv-R f{-~'in~s f~ ~ tai F 1- II e F rat" ._zre iaaaeauzte as .thou are act suntorted ;v evidence ~^ ttie zd=±'Z~s`-a''v= - cc-'• (1) ^C'nr.~f,'s Recycliast Center eas~~y satis~{es all 0~ tie =jndi ~s t.ZZe- C `v Mt..a'ci tal o < cP rt nn ' •19.14.OB0 nacessaiY for the CVRG to ¢ta=t the IIse ve*~~`• a=d (3) `be CVRC's denier o= the Use P<_rmit was arbi tear? and caoritie~!s ar_d the^ere-e - v'otz'-'o-i o° 'rni.rte ~ c ro-s` ''c i ~~ .t'. t5, inter. alit, Eats taative dlle eroc ess rikhts. Sub'ect to _°L'rtLEr investiPatiC] TOi.•r',A resets s he sign o zise additio_zi grounds for apgezi other this. those set forth zbove. G Signah!re f Aopellan Dare , " DO NOT WRJTE IN THIS SPACE Ti-~e above matter has teen scheduled for public hearing before the: L7 Planning Commission ^ City Council on Planning Commission Secretary C;~y Clerk Z7'a Fourth Avenue ~ Chula V~;a i. C,~lifprnia ~ 9i91o ` (e14) fi47-StOt i IRt_SR9 TOlVIl2_a Pack, Inc. Appeal On December 22, 2008; TOMRA Pacific, Inc, submitted an appeal, alleging the following: 1) TOlvIRA Pacific,' Inc.: "The CVRC's fmdings for denial of the lise Permit are inadequate as they are not supported by evidence in the administrative record." The CVRC's fmdings for denial are supported by substantial e~~dence as outlined in Resolution 2008-007, more specifically: Finding 1-19.14.080(A) states: "That the proposed use at the particular Location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. " The findings of fact in the attached CVRC Resolution state that the recycling center is undesirable in the area because many residents have raised concerns about transients who loiter around the center bringing and leaving shopping carts, trespassing, rummaging through trash receptacles, and stealing recyclable items from private property. Residents have called the Police Department several times to the area and the police reports indicate that these incidences were in the area of the recycling center (see Attachment 7). Finding 2 -19.14.080(B) states: "That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. " The CVRC found the recycling center to be a detriment to the surrounding community. The residents in the area have continual concerns for the negative activities associated around the recycling center including offensive odors from trash and transients urinating and defecating against the wall adjacent to the apartments; unreasonable noise from glass smashing and crushing; .and loud altercations among transients; trash dumped on residential property; transients leaving shopping carts along the curb in front of the adjacent apartments; transients trespassing on residential property in search of recyclable items; and other security concerns. Finding 3 -19.14.080(C) states: "That the proposed use wi1Z comply with the regulations and conditions specified in this title for such use. " Although the use complies with all City zoning and building regulations, this is a discretionary action, and as part of the discretionary review; aspects of siting the recycling center must be considered including potential impacts to the health, safety and well being of persons living and working in the vicinity. The center has attracted transients to its location frequently resulting in the undesirable activities identified in Findings 1 and 2. 8-33 Finding 4 - 19.14.080(D) states: "That the granting of this conditional use will not adversely affect the general plan of the city or adopted plan of. any governmental agency. . Although the recycling center conforms to the City of Chula Vista General Plan land use designation and development standards for such uses as outlined in the Zoning Ordinance, it conflicts with General Plan Land Use and Transportations Element (LUT) Objective 35, "Revitalize and protect existing stable residential neighborhoods in the Southwest Planning Area from adverse land use impacts" and LUT Policy 35.4 "Focus on historic preservation; safety and security; and code enforcement efforts w7thin older neighborhoods in the Southwest Planning Area." The center impacts Objective 35 because the residents are subjected to various actions and activities, stated in Finding 2, by transients who frequent the recycling center and the surrounding area. The recycling center, at its location, also impacts Policy 35.4 because there have been many calls for service by residents for Chula Vista Police response to investigate disturbances, and has impacted Code Enforcement efforts to bring the Project into compliance. 2) TOMRA Pacific, Inc.: "TOMRA's Recycling Center easily satisfies all of the fmdings under City Municipal Code section 19.14.080 necessary for the CVRC to grant the'Use Permit." TOMRA did not provide any evidence contrary to the CVRC's fmdings. However, at the public hearing several members of the public came and spoke in support of the recycling center, stating that the center is an asset to the neighborhood because it provides a convenient location for their recycling needs. However, neighbors immediately adjacent to the center also provided testimony to the CVRC to the contrary that indicated the center was not desirable as discussed under Findings 1 and 2 above. 3) TOMRA Pacific, Inc.: "The CVRC's denial of the Use Permit was arbitrary and capricious and therefore a violation of TOMRA's constitutional rights, under inter alia, substantive due process rights." Staff provided due process by analyzing the CUP application in accordance with Title 19 (Zoning Ordinance); including staff review of the project, and holding a neighborhood meeting where the applicant and public were provided an opportunity to present their position on the issues and discuss solutions to identified impacts. Following the public meeting, a duly noticed public hearing was scheduled before the CVRC on November 13, 2008. At that hearing, the applicant requested a continuance, which the CVRC granted to a date certain December 11, 2008. At the December 11, 2008 hearing, the applicant was given the opportunity, and did present their position. Members of the public were also given an opportunity and did speak at the hearing. In addition, the applicant has exercised due process by appealing the project to the City Council. R-34 RESOLUTION N0. 2009- RESOLUTION OF THE CITY COUI~TCIL OF THE CITY OF CHULA VISTA REVERSING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DEI~'YI_NG CONDITIONAL USE PERMIT (PCC-08-020) AND APPROVIhTG CONDITIONAL USE PERMIT (PCC-08-020) TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 1315. THIRD AVENUE IN THE CITY OF CHULA VISTA L RECITALS A. Project Site WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit 1 attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1315 Third Avenue, Chula Vista; and . B. Project Pernuttee WHEREAS, on March 27, 2008 a duly verified application for a Conditional Use Permit ("PCC-08-020") was filed with the City of Chula Vista Planning aril Building Department by TOMRA Pacific, Inc. ("Permittee"); and C. Project Description; Environmental Determination WHEREAS, The Permittee requests permission to operate a recycling buy back cenfer consisting of two 8' x 20' roll-off containers and a small building facade used to collect recyclable items that qualify for California Redemption Value ("CRV") at the north parking lot of the.Save-a-Lot store, located at 1315 Third Avenue ("Project''); and WHEREAS, the Project has been reviewed for compliance with the California Environmental Quality-Act ("CEQA") and based on this review the Environmental Review Coordinator has determined that 'the project qualifies. for a Class 3 categorical exemption pursuant to Section 15303 (new construction or conversion of small structures) of the State CEQA Guidelines. Thus no further environmental review is necessary; and D. Other Boards and Commissions Record on Applications WHEREAS, the Assistant Director of Redevelopment and Housing set a hearing time and place for consideration of the Project by. the Chula Vista Redevelopment Corporation ("CVRC") and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and 8-35. CC Resolution 2009- Pa¢e 2 WHEREAS, the CVRC held a duly noticed public hearing to consider said application at the time and place as' advertised, namely November 13, 2008 at 6:00 p.m. in the Council Chambers, 276 Fourth Avepue. Said hearing was opened and continued as requested by the Permittee; and WHEREAS, the CVRC held the continued noticed public hearing to consider said application on December 11, 2008 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed, and the CVRC voted 4-0-3 with three CVRC Board Members absent, to deny said Conditional Use Permit whose decision was appealed by the Permittee; and E. City Council Record on Applications WHEREAS, the City Clerk set the time and place for the public hearing on the appeal; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the .City, its mailing to property owners within 500 feet of the exterior boundary of the project site at least 10 days prior to the hearing; and WHEREAS, the Chula Vista City Council held a duly noticed public hearing to consider said appeal at the time and place as advertised, namely January 27, 2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, the City Council continued the appeal public hearing, at .the request of the Permittee, to the March 3, 2009 meeting; and WHEREAS, the Chula Vista City Council held the continued public hearing to consider said appeal on March 3, 2009 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue and at the request of staff and with the Permitee's concurrence, the City Council continued the appeal public hearing to the March 17, 2009; and WHEREAS, the Chula Vista City Council held the continued public hearing to -consider said appeal on March 17, 2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, and resolve as follows: II. CONDITIONAL USE PERMIT FII~tDINGS FOR OF APPROVAL 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. With the revisions to the proposed project that the Permittee has committed to implement, the proposed project is desirable because it will increase general public convenience by providing for the demand for recycling services necessary for the development of recycling efforts in the area. The proposed use will be integrated with the existing store 8-36 CC Resolution 2009- Page 3 functions and will not interfere with any activities or conveniences of the general public. The proposed use will contribute to the general well being of the community by . providing a useful recycling service. 2. That such use will, under the circumstances of the particular case, not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. With the revisions to the proposed project that the Permittee has committed .to implement, the provision of this particular recycling center's service will provide a useful convenience and should help to enhance the general well being of the citizens of Chula Vista. The center's location will ensure availability of recycling services to the general public and satisfy the state recycling requirements for the Sav-A-Lot store. The - ~ placement of the recycling center, at its original location, allows for easy public access and will reduce or minimize impacts to the adjacent multi-family residential zone to the east and other business operations in the immediate vicinity. The Permitee will conduct business between 10:00 a.m. to' 5:00 p.m., Tuesday through Saturday. The reverse vending machines will only remain operational during the hours when a personal uniformed attendant is present on-site. The Pennittee will continually ensure that the recycling center is supervised by an employee attendant during all hours of operation; strictly enforce the standard policy of refusing to accept materials in curbside containers, multi-family recycling bins, shopping carts, or materials which the operator's recycling center's attendant identifies as being stolen; and strictly enforce the Permittee's standard policy that the recycling center and surrounding area be kept free of trash and debris. 3. That the proposed use will comply with the regulations specified in the code for such use. The approval of this conditional use permit is contingent on the Permiftee and Property Owner's commitment to satisfy all conditions of approval and to comply with all applicable regulations and standards specified in the Municipal Code for recycling center use. With the revisions 'to the proposed project that the Permittee has committed to implement and the Pennittee satisfying all conditions of approval for the proposed project, the proposed use will comply with all ,City zoning and building regulations, where applicable, as well as General Recycling Center regulations provided by General Services Environmental Services. 4. That approval of this Conditional Use Permit will not adversely affect the General Plan of the City and the Urban Core Specific Plan. With the revisions to the proposed project that the Per7nittee has committed to implement, the proposed Project, as conditioned; is in conformance with the City of Chula Vista General Plan and Zoning Ordinance. Furthermore, the Project will not adversely affect . the policy and .goals of the General Plan. R-'~7 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it hereby grants Conditional Use Permit (PCC-08-020) subject to the following conditions of approval, required to be satisfied by the Applicant to the satisfaction of the Development Services Director or his/her designee: III. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL I. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the Applicant shall satisfy the following requirements: 1. The Permittee shall submit plans for any necessary building permits. The Project shall comply with all applicable building codes including the 2007 Ca~ifomia Building Code. 2. The Permittee shall move the recycling center several parking spaces west and near the central access drive along Palomar Street from its current location, in the northeast comer of the parking lot and in close proximity to the multi-family zone, and rotate the center to face towards Third Avenue. This places the center further away from the apartment complex and orients the recycling activities toward the existing commercial uses away from the adjacent residential zone. 3. The Permittee shall obtain a business license. 4. The Permittee shall provide a mounted and accessible 2AlOBC fire extinguisher in each of the sea containers and building facade. 5. The Permittee shall prepare and pay for a mailer to all households located within the vicinity of the center. The mailer will detail all the significant changes made to the recycling center to incorporate the neighbors' concerns and to bring the facility into compliance with the applicable state and municipal laws. The mailer will also highlight the name and phone number of a TOIufRA representative to whom the residents can direct any concerns about the center. II. Prior to occupancy or use of the site in reliance on this use permit: 6. The Permittee shall permit a final inspection of the facility by the Development Services Department staff to ensure that all conditions of approval listed in condition Sections I above, have been met and all necessary permits have been obtained. III. The following on-going conditions shall apply to the subject property as long as it relies upon this approval. 7. The site shall be maintained in accordance with plans approved on March 17, 2009. R-3A 8. The Permittee shall maintain the hours of operation of the Recycling Center from 10:00 a.in. to 5:00 p.m., Tuesday through Saturday and closed on Sunday and ~. Monday. The reverse vending machines will only remain operational during the hours when a personal attendant is present on-site. This includes pick-up and drop- off ofthe containers. 9. The Permittee shall ensure that the recycling center is supervised by a personal attendant during all hours of operation. 10. The Permittee shall strictly enforce 'I'OMRA Pacific, Ine.'s standazd policy that the recycling center and surrounding area be kept free of trash and debris. 11. The Pennittee shall maintain the minimum 20-foot Fire Lane at all times, and ensure the placement of the center allows for clear access at all times. 12. The Permittee shall ensure stored recyclables shall be removed weekly, and may not be stored on site for a period longer than one week. 13. The Permittee shall ensure the unloading of collected materials be accomplished entirely within the containers, with glass bottles being unloaded into specially lined bins. 14. The Permittee shall ensure that all structures and equipment shall be kept free of graffiti at all times. 15. The Permittee shall allow the site to be inspected six months from the approval date of this conditional use permit to check for conformance with project plans:and conditions of approval and to respond to complaints from the residents as may be necessary. The Permitte shall make any and all remedial measures required by staff to keep the project in conformance with project plans and conditions. I6. The Permittee shall adhere to the following general recycling center conditions: a. Every Permittee shall maintain a written record and make an annual report of refuse/recyclables purchased, received or collected to the Environmental Services Program Manager. The report shall be made on a form acceptable to the City Manager _ or designee and include but not be limited to: Characterization by materials type, tonnage, destination (processing, end use or disposal) and total customers. The report shall be delivered to the Environmental Services Program Manager no more than 30 days following the end of the calendar year. The report may be cumulative for all Chula Vista sites the Permittee may operate. 8-39 b. Pemzittee shall maintain a written record of transactions for a minimum of five (~) years and make such records available, on site, during regular business hours, with two-business days notice by the City's. Environmental Services Program Manager or designee. The transaction record shall include but not be limited to: characterization by material type, weight, total customers and jurisdiction of the customers. c. Permittee will pay for or take for free all recyclable materials and will not require or accept payment to receive materials from its customers. d. Permittee shall not accept nor pick up mixed waste materials, garbage, rubbish or refuse as defined in the Chula Vista Municipal Code Chapters 8.24 and 8.25. The facility is being permitted as a recycling facility only and not a waste processing or transfer station. The total amount of waste generated at the facility may not exceed 10% of the monthly volumes. e. Permittee shall maintain sanitary premises at all times, shall contract with the City's franchise agent Allied Waste Services for removing, conveying and disposing of non-recyclable wastes generated at the facility and maintain a waste receptacle for use by Permittee's customers during all operating hours. Onsite compactors are for densifying recyclable materials and not for trash service. f. Permittee shall cooperate with City recycling projects. including but not limited to: promoting City sponsored solid waste management events, allow the City to place drop-off collection bin(s) at their facility, and assist the City and residents regarding its use. These bins would be placed for the public benefit to recycle materials that cannot currently be recycled at the Permittee's center (such as mixed paper). The City's contractor or the recycling center operator may service these bins by mutual agreement. g. Permittee shall develop and implement a policy that- discourages theft of materials from other legitimate recycling and solid waste diversion programs, to include staff training on how to initiate discussion with the public informing them that the center will not accept stolen material- including material in a shopping cart, curbside bin, refuse or recycling cart. h. During all hours of operation, ~ the recycling center shall place a sign to the general public that reflects the anti-theft policy as follows: R-a fi • Material placed for collection at the curb, in a multi-family or commercial bin for recycling may be removed and conveyed only by the City and/or its agents. At the Citys request, TOMRA Pacific, Inc. must consider materials brought to it in City bins, or shopping carts to be stolen and will not accept the items. ® Unicamente los empleados de Allied Waste Services y La Ciudad de Chula Vista cuentan con autorizacion para remover material reciclable dentro de cualquier contenedor puesto a coleccion. La Ciudad de Chula Vista reserva el derecho a solicitar que (TOMRA Pacific, Inc.) considere robado e inaceptable el material traido en contenedores pertenecientes a las agencias mencionadas o en carros de tiendas. i. Permittee shall submit a list of commodities accepted at the center to the Environmental Services. Program Manager for approval. The list shall not be altered without prior wntten.consent of the Program Manager. The City shall not unreasonably withhold a request by the Permittee to add or remove an item. j. Pennttee will remove all improper disposal and shopping carts from the public thoroughfare that are within 500 feet of the entrance and/or exit of their operation, as frequently as necessary, to keep the public thoroughfare free of carts and debris -but no less than daily, at the close of each business day. The Permittee shall also arrange for the return of carts to the proper retailer and proper recycling or disposal of abandoned materials. k. Permittee is aware of the regulations regarding signage within the City and will adhere to those regulations as well as all other local state and federal laws or regulations. 17. Approval of this Conditional Use Permit shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 18. This Conditional Use Permit authorizes only the use specified in the application for PCC-08-020. Any new use or modification/expansion.of uses authorized under PCC-08-020 shall be subject to the review and approval of the Zoning Administrator. 19. The Project shall maintain compliance with the City's Municipal Code noise standards. If the City fmds that t'~e Project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. 8=4i 20. The Permittee/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non discretionary, in connection with the use contemplated herein. Pem~ittee/Operator shall acknowledge their agreement to this provision by executing a copy. of this conditional use permit where indicated, above. Permittee's/Operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Permittee's/Operator's successors and assigns. 21. This Conditional Use Permit shall become void and ineffective if not utilized or extended within the time allotted in Section 19.14.260 of the Municipal Code. 22. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification. of this permit. IV. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does- not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expirecL V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL By signing the lines provided below, the Property Owner and Permittee expressly affirm that they have each read, understood, and agree fo the conditions contained herein, and will implement the same. Upon execution, this document shall be recorded with the 5-49 County Recorder of the County of San Diego, by the City Clerk of the City of Chula Vista, at the sole expense of the Owner or Permittee, and a signed, stamped copy of the conformed recorded document shall be submitted to the Planning and Building Department Secretary and the City Clerk within teri days of recordation. Signature of Permittee Date Signature of Property Owner Date VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fails to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms; the City shall have the right to revoke or modify all approvals herein granted, deny, or fiuther condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Permittee or a successor in interest gains no vested rights by the City's approval of this Conditional Use Permit. VII. IlVVALIDITY: AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this Resolution and the Permit shall be deemed to be automatically revoked and of no further force and effect. 8-43 Presented by: Gary Halbert, P.E., AICP Deputy City Manager/Development Services Director J:\AttomeyltvlichaelSSlRePlanetRecycling\7omraCC-ResoMODff IED-3.17.09-FINAL. doc R-d4 - --..:. _..-- -----.._._... _ --- ---- I Y HESIOENPAL Off1CE N p FAST _ SHELL ~ ~ % /'`~ `~S 1 6ThTION ~ ~ 5 EQ1 ,/ `~ i. s '(R , ~\) ~~, ', f ~~ , t t •9fi Sp FT OrcNpancy: I ~"r Y'aJStna Consbvcnan Type: JYPe VJ.NON SP'INIneJ i Pasking Spacer. KFp ~ ~ 814V-A-LOT - \•\I ' ~ ~ •\ APARTMENTS ._ S ~~ ~.~ •. J 3 ~ /~ ~~ ~ ~\ ~~ '\ ~ ~ l ~ ~~ \ \ ~ COMM[RCIAL \ \ \ \ ~ ~ RETAIL \ .\ \ ~ \ .\ G .\ ~ \ m ~~ :. 1~ ~~ \ • \ C ~~ •, ,. . ~, .\ _ ~~ ~, •\ ., _,, .-_ -~ \ - ~ SITE PLAN: _` / , ., ' 1 3 1 5 31~D AVENUE flePlane[ Dlmenslans Slde Access le'--r e' s L_Ll_l_LLLLLI LLLLLLLLL \.LLLLLLLLLI LLLI_l_Ll_LL LLLLLLLLL LLLLLLLLL /---16'-6'--/ 1-' m W .~y.. m I Id-w" ~- l N (~ • ., >>o rcj ~ ~,~; ~~t i~> o.-S 7 T U d I 91TE PLAN SP1 i! ..