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HomeMy WebLinkAboutPC Res 93-08 - 1993-03-03 .. RESOLUTION NUMBER 93-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN AMENDMENT TO THE CONDITIONS OF APPROVAL FOR MINOR PLAN REVIEW 19-91, ALLOWING THE REPLACEMENT OF THREE (3) REVERSE RECYCLING MACHINES AT 1101 PACIFIC COAST HIGHWAY, SEAL BEACH (pAVILION PLACE) WITH A MANNED SMALL COLLECTION RECYCLING FACILITY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE' Section 1 On December 3, 1991, Envipco ("The Applicant") filed an application for Minor Plan Review 19-91 with the Department of Development Services The applicant requested to replace the existing reverse vending machines with new, larger machines The proposed machines would incorporate the storage of glass bottles, cans, and plastic bottles witlun the reverse vending machines The previously existing storage containers located off of Bolsa Avenue were removed Subsequent to the approval ofMPR 19-91 by the Planning Commission, the City began to receive an increasing number of complaints regarding location and patrons of the reverse vending machines In September 1992 the City Council directed the Planning Commission to reconsider the conditions of approval ofMPR 19-91 with the intent of relocating the machines, restricting operation of the machines or removing the machines entirely to remedy the nuisances associated with the machines. Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B ofthe City's Local CEQA GUidelines, staff has determined as follows The application for a reconsideration of the conditions of approval ofMPR 19-91 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs ~ 15301 (Existing Uses), because it involves the negligible expansion of an existing use, pursuant to ~ 15305 (Minor Alterations In Land Use Limitations), because the proposal involves a minor alteration in a land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density, and finally, pursuant to ~ 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment Section 3 A duly noticed public heanng was held before the Planning Commission on October 21, 1992 and, after receiving public testimony, continued to the November 18, 1992 meeting At the November 18, 1992 meeting the Commission referred the matter to staff for evaluation regarding the potential for declaring the facility a nuisance and/or preparing recommended conditions ofapproval to address the issues of concern After meeting with representatives of En vip co, Vons Companies and the shopping center in January 1993, City staff rescheduled a public hearing to reconSider the conditions ofapproval for MPR 19-91 for February 17, 1993. On February 17, 1993 a duly noticed public hearing was held before the Planning Commission No written evidence was submitted for or against the project At the public hearing a representative of En vip co spoke in favor of the proposed amendment to the conditions of approval Section 4 The record of the hearing on February 17,1993 indicates the following (a) On December 3, 1991, Envipco California filed an application for MPR 19-91 with the Department of Development Services (b) The applicant requested authority to replace the existing reverse vending machines with new, larger machines The proposed machines incorporated the storage of glass bottles, cans, and plastic bottles within the reverse vending machines The previously existing storage containers located off of Bois a Avenue were removed. C \AMIPRO\DOCS\CUP\R.QI-I9C occ be Plamung Comnussioo Resolutron No 93-8 (c) The subject property is located at the northwesterly corner of Pacific Coast Highway and Balboa Avenue (Seal Beach Center), is irregular in shape and comprises approximately 7.49 acres (d) The subject property is legally described as Orange County Assessor's Parcel Number 043-263-03 (e) The Planning Commission approved the installation of reverse vending machines at the current location through the approval ofMPR 91-19, approved on December 18, 1991 (Staff Report for MPR 91-19 and Planning Commission Minutes, enclosed as an attached to November 18, 1992 Staff Report) (t) The surrounding land uses and zoning are as follows. NORTH Across Bolsa Avenue are single-family dwellings located within the Residential Low Density zone, (RLD) EAST Across Balboa Avenue are single-family dwellings located within the Residential Low Density zone, (RLD) SOUTH Across Pacific Coast Highway are a variety of commercial retail and office uses within the General Commercial zone, (C-2) WEST Commercial zone, (C-2) Across Bolsa Avenue is a bank within the General (g) The Police Department reviewed the records of the Seal Beach Center and determined that the number of incidents occumng on the property has increased since the installation of the new reverse vending machines approved through MPR 19-91 (h) The Planning Commission conducted a public hearing regarding this matter on October 21, 1992 and, after receiving public testimony, continued the public hearing to the November 18, 1992 meeting At the November 18, 1992 meeting the CommiSSion referred the matter to staff for evaluation regarding the potential for declaring the facility a nuisance and/or preparing recommended conditions ofapproval to address the issues of concern (i) In January 1993 City staff met with representatives of En vip co, Vons Company and the owner of Seal Beach Center to discuss potential solutions to the issues of concern. The representative of En vip co suggested removing the reverse vending machines and replacing them with a manned recycling center which would be located on the southerly side of Vons Pavilion, adjacent to Pacific Coast Highway G) The City has received no responses, written or other, to its mailed notice regarding the reconsideration of the conditions of approval ofMPR 19-91 Section 5 Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2321,28-2800 of the City's Code, the Planning Commission hereby finds as follows (a) MPR 19-91 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits the small collection recycling facilities subject to the issuance of a Minor Plan Review The use is also consistent with the remaining elements ofthe City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan (b) The hours of operation will be reduced from the current 24 hours/day, seven days/week to six days/week with the following hours e \AMIPRO\DOCS\CUP'IR9I-I!JC Bee be Page 2 ., PlanmDg ConumSS'OII Rcsolutaoo No 93-8 Monday, Tuesday, Thursday, Friday - 10 a m to 4'00 p.m Saturday and Sunday - 8'00 a m to 4 30 P m Wednesday - Closed (c) The facility wiII be closed by 430 P m at the latest, so persons will be unable to recycle during the evening hours, potentially limiting their presence at that time (d) Recycling activities will be relocated approximately 250 feet away from the Vons Pavilion store entrance. This should reduce concentration of people wishing to recycle around the store entrance (e) recycling facility The presence ofa manned staffwiII reduce conflicts in and around the (t) With a manned facility, problems associated with the machines breaking down will no longer occur. Problems associated with irate people wishing to recycle Within the store will be reduced or solved as people wishing to recycle will become accustomed to the new hours of operation Section 6 Based upon the foregoing, the Planning Commission hereby approves an amendment to the conditions ofapproval ofMPR 19-91, subject to the following conditions 1 CUP # 19-91 is approved for the placement ofa manned small collection recycling facility within the Seal Beach Center located at 1101 Pacific Coast Highway, Seal Beach 2. The manned facility shall be located on the southerly side of the property, directly adjacent to Pavilion Place (position B on the Attached Site Plan) 3 The manned facility shall be painted to match the painted columns of the bUilding 4 The hours of operation shall be Monday, Tuesday, Thursday, Friday - 10 a m to 4 00 P m. Saturday and Sunday - 8 00 a m. to 4 30 P m Wednesday - Closed PASSED, APPROVED AND ADOPTED by the Planning Comnussion of the City of Seal Beach at a meeting thereof held on the 3rd day of March, 1993 by the following vote AYES Commissioners Fife, Sharp, Law. Soukup NOES Commissioners ABSENT Commissioners ABSTAIN: Commissioner Dahlman - C\AMlPRO\OCICS\CUP'IR9I-I9C BCCbc Page 3 ./ .. Attachment A Resolution 93-8 FIGURE 1 N A J .'it~,"~;;,;;.,~'~a.~~'I' ~' ac.lt .-J .t-e,....V" ~.:.!>..~,..A ~ .'J&..,:,~ . ~r'~'/"';'>i':h"':'.X~J-;:;'~"r~ ~.: ~:\ t' ,'J, ~ ,~f'r~.; ",.:;tt; 'I' -1lo1"~~"~'ll' ~.Jl A ~,~,-..{~... d~F~'''''' ...13:-\~' I"L~:. ."'",.:.,,:<,.::.,~$};,nJ:: ,~~"..:.;., nfl".~~"'t'_F'''l>_ 'R~""'~t'! ~...&. 't-~):,:<~H'i''5:';':i:I':,,~~.qn~ rt,~~E'~~Wililit1~iS,~~~ N'" , .-%,.,.:;. , ,'i;~ ~! ~~~::':;:\-:~S;P.la>ce}Jl;l ~',';'~, ':i.:~:~~~w.J,~ d.....~...',_...t. ',. ~d"''''~ ~ .1:0/,.-... I .~ t ~, ...." ".~. ..... "'fl>J.. , ,')" "~. r-dA"-: .: -;(.. "-':J} ....1 ..... ,~.... ;'.Jf;.~~ H.. ~':~";:;. .. ~i:t~~"""~R"1"~.~':!'~,,,~,. ,~~.r!.~t '~"#~i ;.r~""! If.!'~)i ....'";!~~l.o;.'f(& \ '\~..,~., ".'J"", ;.~< l \\\\\\\ C \\ . J Pacific Coa.~t Higbway (N.TS) A - Existing Machine Location B - City, Center Proposed Location C - Envipco, Vons Proposed Location ~ of: = = Q =; =