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HomeMy WebLinkAboutCC RESO 2007-180RESOLUTION NO. 2007 — 180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A RECYCLING FACILITY BEHIND THE FOODLAND GROCERY STORE LOCATED AT 303 HIGHLAND AVENUE. APPLICANT: SOUTHWEST RECYCLING CASE FILE NO. 2007-04 CUP WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a recycling facility behind the Foodland Grocery store located at 303 Highland Avenue, at a duly advertised public hearing held on July 17, 2007, 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. 2007-04 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; 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 that the testimony and evidence presented to the City Council at the public hearing held on July 17, 2007, support the following findings: The site for the proposed use is adequate in size and shape, since there is adequate area on -site for a mobile recycling facility, and there is adequate parking to serve the supermarket, in accordance with Land Use Code requirements. 2. The site has sufficient access to a major street that is 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 for the market, as many of the recyclers will also shop at the supermarket; Foodland IGA has frontage on both Highland Avenue, an arterial, and Fourth Street, a collector. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is currently developed with a commercial use, and the nearest residences are separated from the proposed facility by a six-foot fence and more than one hundred feet; additionally, Conditions of Approval require the construction of a screening wall to further reduce the potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it provides a convenient location for residents to recycle beverage containers in accordance with State regulations. Resolution No. 2007 — 180 August 7, 2007 Page 2 BE IT FURTHER RESOLVED that the application for Conditional Use Permit for a recycling facility behind the Foodland Grocery Store at 303 Highland Avenue is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a recycling facility at 303 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A Revised, Case File no. 2007-04 CUP, dated 5/23/2007. 2. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 3. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 4. The business shall be operated in compliance with National City Land Use Code Section 18.95 at all times. 5. A decorative block wall shall be constructed, that will screen the facility from adjoining residential properties. The wall shall be of standard construction and shall be of the same texture and color as the Foodland building. Plans shall be submitted to the Planning Department for review and approval by the Planning Department prior to construction; the wall shall be completed prior to operation of the facility. 6. A signage plan shall be submitted to the Planning Department showing the location, size and type of signage, including labeling of containers, prior to operation of the facility. The hours of operation shall be permitted only between the hours of 9 a.m. and 5 p.m. daily. 8. All recyclable material shall be stored in containers and not left outside of designated storage containers at any time; the recycling center area shall be maintained free of litter, and any undesirable materials, and removed at the end of each collection day. Any discarded material left overnight shall be removed immediately upon opening of business in the morning. 9. No recyclable material shall be accepted from persons transporting said material in non -motorized carrying devices including, but not limited to, shopping carts, wagons, etc. 10. The proposed Recycling Collection Center shall comply with Best Management Practice (BMP) requirements, which will prevent any discharge from the site. BMP's are outlined in the Preventing Urban Runoff Pollution Guide and are available at the Engineering counter. Resolution No. 2007 — 180 August 7, 2007 Page 3 11. Project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 12. Additional exterior lighting of the area surrounding the recycle center shall be provided, to deter vandalism and theft, to the satisfaction of the Police Department. The height, type and location of the lighting shall be provided for review and approval by the Planning Department prior to installation and shall be subject to appropriate building permits. 13. Loitering at the facility or in its vicinity shall be prohibited. 14. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 15. Before this Condition& Use Permit 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 retum 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 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. 16. 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. 17. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 18. This Conditional Use Permit may be revoked if it is determined that the use is operating contrary to the conditions of approval or is negatively impacting nearby properties. Resolution No. 2007 —180 August 7, 2007 Page 4 19. Permittee shall post signs on the recycling facility premises containing the information stated in conditions No. 7, 9, and 13 of this Resolution. Said signs shall be approved as to form and content by the Planning Department. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. 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 ATTEST: A Mic ael R. Della, ity Clerk APPROVED AS TO FORM: f. George H. Eiser, III City Attorney JAW on Morrison, Mayor Passed and adopted by the Council of the City of National City, Califomia, on August 7, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Zarate. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California h Al City C erk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-180 of the City of National City, Califomia, passed and adopted by the Council of said City on August 7, 2007. City Clerk of the City of National City, California By: Deputy