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HomeMy WebLinkAboutCC RESO 96-125RESOLUTION NO. 9 6 —12 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 3007 HIGHLAND AVENUE. APPLICANT: ENVIRONMENTAL PRODUCTS CORPORATION CASE FILE NO.: CUP-1995-10 WHEREAS, the City Council of the City of National City considered a conditional use permit application to allow a mobile recycling facility at 3007 Highland Avenue at the public hearings held on November 14, 1995, and February 13, April 23, May 28, and July 23, 1996, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the City Council considered the staff report contained in Case File No. CUP-1995-10, 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 hearings held on November 14, 1995, and February 13, April 23, May 28, and July 23, 1996, 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 shopping center with frontage on and access to 30th Street and Highland Avenue. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the area is developed primarily with commercial uses, and the residences to the north are separated from the proposed facility by a parking lot approximately 540 feet wide. CONTINUED ON PAGE 2 Resolution No. 9 6 — 1 2 5 Page 2 of 3 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. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. Prior to this resolution 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 between the hours of 11:00 a.m. and 5:00 p.m., Tuesday through Friday, and 8:30 a.m. and 5:00 p.m., Saturday. The recycling center shall be closed on Sunday and Monday. An attendant shall be on duty during hours of operation. Any changes to these hours of operation shall be subject to approval of the Planning Director. 4. The facility shall accept only glass, aluminum and plastic having California Redemption Value. 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. The facility shall consist of one (1) large roll -off bin and up to four (4) igloos. The recycling facility shall be placed adjacent to the automotive service center located on the southerly property line. A revised site plan showing this placement shall be submitted to the Planning Department for review and approval. 9. An eight foot high solid block wall shall be constructed around the recycling facility. The location, exterior finish and color of the wall shall be subject to approval of the Planning Director. A building permit shall be obtained from the Building & Safety Department prior to its construction. CONTINUED ON PAGE 3 Resolution No. 9 6 -12 5 Page 3 of 3 10. Except as otherwise required by conditions of approval, the facility shall be arranged in conformance with Exhibit "A", Case File No. CUP-1995-10, dated 7/26/95. 11. Before this conditional use permit shall become effective, the applicant shall have signed and 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 Conditional Use Permit-1995-10 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. 12. Use of the property as authorized by this Conditional Use Permit shall be limited to a mobile recycling facility as an incidental use within a shopping center. 13. 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. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this action shall become final and effective on the date of its adoption. 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 6th day of August, 1996. ATTEST: 1.L LORI NNE PEOPLES, CI CLERK APPROVED AS TO FORM: GEORGE H. ISER, III -CITY ATTORNEY A4-€1014)_41- GEORGE H. AT RMAYOR