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HomeMy WebLinkAboutCC RESO 2001 - 115RESOLUTION NO. 2001 - 115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MODIFICATION OF A CONDITIONAL USE PERMIT FOR THE REMOVAL OF A SCREENING WALL AND THE EXTENSION OF THE HOURS OF OPERATION FOR A MOBILE RECYCLING COLLECTION FACILITY WITH A VARIANCE TO ALLOW REVERSE VENDING MACHINES FARTHER THAN 30 FEET FROM THE MAIN ENTRY TO RALPHS MARKET AT 901 EUCLID AVENUE APPLICANT: TOMRA PACIFIC, INC. CASE FILE NOS. M1-CUP-1995-8, Z-2001-7 WHEREAS, the City Council of the City of National City considered the proposed modification of a Conditional Use Permit for the removal of a screen wall and the extension of the hours of operation for a mobile recycling collection facility with a Zone Variance to allow reverse vending machines farther than 30 feet from the main entry to Ralphs Market at 901 Euclid Avenue at the regularly scheduled City Council meeting of July 17, 2001, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. M1-CUP-1995-8 and Z-2001-7, 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 and City law; and WHEREAS, this 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 July 17, 2001, support the following findings: FINDINGS FOR MODIFICATION OF THE CONDITIONAL USE PERMIT 1. That the modification is necessary to protect the public interest since the revised conditions allow for the existing recycling facilities to be updated and will improve the appearance of the property. 2. That the modification is necessary to permit reasonable operation and use under the Conditional Use Permit, since the modification will allow for existing recycling facilities to be replaced with more contemporary and attractive facilities. Resolution No. 2001 - August 7, 2001 Page Two FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the location of the existing development in the shopping center, which contains the largest supermarket in the area, is such that placement of reverse vending machines within 30 feet of the store's front entryway would impede pedestrian access. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the reverse vending machines are permitted as an incidental use to a commercial use and must comply with approved plans. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since reverse vending machines are allowed in the Limited Commercial zone in conjunction with a permitted commercial use. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. Prior to this Conditional Use Permit Modification and Zone Variance becoming effective, the applicant shall provide evidence of State certification to the Planning Director. 2. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 3. The recycling collection facility shall have an attendant on duty between the hours of 9:30 a.m. to 5:00 p.m. Tuesday through Saturday, and the reverse vending machines may operate daily between the hours of 7:00 a.m. and 11:00 p.m. Any change in the hours of operation shall be subject to approval of the Planning Director. 4. This facility shall only accept paper and glass, aluminum, . and plastic containers having California Redemption Value. 5. Loitering at the facility or in it vicinity shall be prohibited. Resolution No. 2001 — August 7, 2001 Page Three 6. If substantiated complaints are received regarding loitering, litter, noise, odors, or trash accumulation at the recycling collection facility 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 required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File nos. Ml-CUP-1995-8 and Z-2001-1, dated 4/13/01. 9. Before this Conditional Use Permit Modification and Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the 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 Modification and Zone Variance. 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 Modification and Zone Variance are binding on all present or 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. 10. The use of the property authorized by these permits shall be limited to a mobile recycling collection facility and reverse vending machines as an incidental use within a shopping center. 11. These permits 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. These permits shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and Resolution No. 2001 - August 7, 2001 Page Four BE IT FURTHER 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 7th day of August, 2001. George H. aters, Mayor ATTEST: `/. Mich- el R. Dalla, "City Clerk APPROVED AS TO FORM: %J, as George H. Eiser, III City Attorney