HomeMy WebLinkAboutCC RESO 95-165RESOLUTION NO. 9 5 - 1 6 5
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
TO ALLOW A MOBILE RECYCLING FACILITY AT 901 EUCLID AVENUE.
APPLICANT: RALPH ORSINO, MOBILE RECYCLING CORPORATION.
CASE FILE NO. CUP-1995-8
WHEREAS, the appeal of the City Council from the Planning Commission's approval of
Conditional Use Permit Application (CUP-1995-8) was considered by the City Council of the
City of National City at a public hearing on November 14, 1995, at which time oral and
documentary evidence was presented; and,
WHEREAS, at said public hearing the City Council considered the staff report contained
in Case File No. CUP-1995-8, which is maintained by the City and incorporated herein by
reference; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and,
WHEREAS, the action recited herein is found to be essential for the preservation of
public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National
City, California, that the testimony and evidence presented to the City Council at the public
hearing held on November 14, 1995, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since there is adequate
area on -site for a mobile recycling facility in accordance with Land Use Code
requirements.
2. That the site has sufficient access to streets and highways that are adequate in width and
pavement type to carry the volume and type of traffic generated by the proposed use,
since the use is expected to generate a minimal amount of additional traffic in a
commercial center with frontage on Euclid Avenue and Plaza Boulevard.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the site is developed with commercial uses, and the nearest residence is
separated from the proposed facility by approximately 200 feet.
4. That the proposed use is deemed essential and desirable to the public convenience or
welfare, since it provides a convenient location for residents to recycle beverage
containers in accordance with State regulations.
CONTINUED ON PAGE 2
Resolution No. 95-165
Page 2 of 3
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions:
1. Prior to this conditional use permit becoming effective, the applicant shall provide
evidence of State certification to the Planning Director.
2. The applicant shall remove any graffiti from any structures or facilities associated with
the use within 48 hours.
3. The recycling center shall operate only between the hours of 10:30 a.m. and 4:30 p.m.,
Tuesday through Saturday. An attendant shall be on duty during these hours of
operation. Any changes to these hours of operation shall be subject to approval of the
Planning Director.
4. The facility shall accept newspaper and glass, aluminum and plastic beverage containers
having California Redemption Value and newspaper.
5. Loitering at the facility or in its vicinity shall be prohibited.
6. If substantiated complaints are received regarding loitering, noise, odors, or trash
accumulation at the recycling center or in the vicinity of the site, the Planning
Commission may initiate proceedings for the revocation of the Conditional Use Permit.
Such revocation shall occur if it is determined that the use is operating contrary to the
conditions of approval or is negatively impacting nearby properties.
7. Advertising shall be limited to no greater than the amount specified in Chapter 18.95 of
the National City Land Use Code.
8. Except as otherwise required by conditions of approval, the facility shall be in
conformance with Exhibit A, Case File No. CUP-1995-8, dated 7/26/95.
9. Before this Conditional Use Permit shall become effective, the applicant shall sign and
have notarized an Acceptance Form, provided by the Planning Department,
acknowledging and accepting all conditions imposed upon approval of this permit.
Failure to return the signed and notarized Acceptance Form within 30 days of its receipt
shall automatically terminate the Conditional Use Permit. The applicant shall also submit
evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real
Property is recorded with the County Recorder. The applicant shall pay necessary
recording fees to the County. The Notice of Restriction shall provide information that
conditions imposed by approval of the Conditional Use Permit No. 1995-8 are binding on
all present and future interest holders or estate holders of the property. The Notice of
Restriction shall be approved as to form by the City Attorney and signed by the Planning
Director prior to recordation.
CONTINUED ON PAGE 3
Resolution No. 9 5 — 1 6 5
Page 3 of 3
10. The use of the property authorized by this permit shall be limited to a mobile recycling
facility as an incidental use within a shopping center.
11. This permit shall become null and void if not exercised within one year after adoption of
the resolution of approval unless extended according to procedures specified in Section
18.116.190 of the Municipal Code.
12. The facility shall be located at the north end of the building, adjacent to the loading dock,
and it shall be screened with an architecturally -compatible masonry wall.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the
applicant.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day
following the City Council meeting where the resolution is adopted. The time within which judicial
review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section
1094.6.
PASSED and ADOPTED this 21 st day of November, 1995.
GEORG
ATTEST:
LO ANNE PEOPLES, CIRK
APPROVED AS TO FORM:
/14 #3
GEORGE H. EISER III -CITY ATTORNEY
H. WATERS, MAYOR