Item 4 - MCUP 95-05 Environmental Products Corp.
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AGENDA dPORT SUMMARY
._ TO: Honorable Mayor and Members of the City Council ~ ~~-_. .-
~ - -..,- "'"
J...s L. Bowersox, City Man~ ~ '4' ~.......=.-.;. ~
ltl; no. t:~
FROM:
INITIATED BY: John D. Fitch, Assistant City Manage~~lt ~
Reba Wright-Quastler, Director of Plan ing Services ~
DATE: Nov_ber 14, 1995
SUBJECT: Minor Conditional Use Penlit 95-05, Environlental Products Corporation,
Applicant
ABSTRACT
A request to place a recycling center at the rear of the Target Store within the Twin
Peaks Plaza, located at 14837 Pomerado Road in the CG, Commercial General Zone.
.
ENVIRONMENTAL REVIEW
The proposed project is exempt under the provisions of the California Environmental
Quality Act, as it is a minor accessory structure appurtenant to existing commercial,
Categorical Exemption Class 11.
- FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to 116 property
owners within 500 feet of the project location.
RECOMMENDATION
It is recommended that the City Council approve MCUP 95-05, subject to the conditions
contained in the attached proposed resolution.
ACTION
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AGENDA REPORT
CITY OF POW A Y
TO: ""."bl. '"'' "d ,.,.."~ CIty C.",'1
FROM: James L. Bowersox, City Mana ~
INITIATED BY: John D. Fitch, Assistant City anager~ ~
Reba Wright-Quastler, Director of Planning Services ~
Marijo Van Dyke, Associate Planner
DATE: November 14, 1995
MANDATORY
ACTION DATE: November 28, 1995
SUBJECT: Minor Conditional Use Permit 95-05, Environmental Products
Corporation, Applicant: A request to place a recycling center.
at the rear of the Target Store within the Twin Peaks Plaza,
located at 14837 Pomerado Road in the CG, Commercial General
Zone.
APN: 314-710-37
BACKGROUND
In the late 1980's, state law was adopted which requires that there be a
recycling center within 1/2 mile of any retail outlet which sells beverages in
containers with deposits on them. Up to this time, this requirement has been met
at Twin Peaks Plaza through placement of reverse vending machines. Various
problems have been experienced with these machines, including that these are
frequently full and spillage on the sidewalk in front of the machines. The
proposed recycling center will take the place of the reverse vending machines.
.Chapter 17.10.080.49 of the Poway Municipal Code requires that recycling bins
located in the parking lot of a shopping center obtain a Minor Conditional Use
Permit for their operation. The proposed recycling center consists of a painted
metal redemption container measuring 22 feet in length, eight feet in width and
eight feet in height. The container will be staffed during designated redemption
hours.
FINDINGS
The recycling center will be placed near the back side of the Target Store, on
the parking area on the northeast side of Twin Peaks Plaza. Signs directing
patrons wishing to recycle items to the location will be provided at both
ACTION:
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Agenda Report
November 14, 1995
Page 2
entrances to the lucky Store. Hours of operation will be posted on the signs.
Customers who wish to recycle during hours when the center is not staffed will
be able to deposit their items with the Lucky Store as they currently do when the
reverse vending machines are full or inoperable..
The area proposed to be dedicated to the placement of the recycling container
will not significantly reduce the number of needed parking places for the center
since it will be located in the rear of the center, a parking area not utilized
by shoppers.
Staff is aware of three similar centers currently in operation near Poway. These
are located at Ralph's grocery in Rancho Bernardo and Carmel Mountain Ranch and
Vons in Scripps Ranch. Staff contacted the managers of these grocery stores to
learn what performance issues there might be with the operation of the centers..
All three store managers responded that the recycling centers work better than
the reverse vending machines. They didn't recall major issues with trash
accumulation, broken glass, or customers complaints. The Vons manager mentioned
that the store entrances are now cleaner as a result of the reverse vending
machine being removed. He also commented that the machines were often too full
or were broken, which was the source of customer complaints and caused him to
assign store staff to service them.
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ENVIRONMENTAL REVIEW
The proposed project is exempt under the provisions of the California
Environmental Quality Act as it is a minor accessory structure appurtenant to
existing commercial, Categorical Exemption Class 11.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Powa, News Chieftain and mailed to ill
property owners within 500 feet of the project location.
RECOMMENDATION
It is recollllll8nded that the City Council approve MCUP 95-05, subject to the
conditions contained in the attached proposed resolution.
JLB:JDF:RWQ:MVD:kls
Attachlllents:
A. Proposed Resolution
B. Zoning and Location Map
C. Proposed Site Plan
D. Diagram of the Container
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RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 95-05
ASSESSOR'S PARCEL NUMBER 314-710-37
WHEREAS, Minor Conditional Use Permit 95-05, submitted by Environmental
Products Corporation, applicant, requests approval for the placement of a
recycling center at the rear of the Target Store located in Twin Peaks Plaza at
14837 Pomerado Road in the CG zone; and
WHEREAS, on November 14, 1995, the City Council held a duly advertised
public hearing to solicit comments from the public both pro and con, relative to
this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council finds that the project is categorically exempt from
environmental review, Class 11 of the California Environmental Quality
Act, as it is an accessory structure to an existing commercial use.
Section 2: Findinas:
1. The approved project is consistent with the general plan in that the
plan designates this site for commercial use and the project is
compatible with the commercial buildings within the center.
2. The proposed location, size, design, and operating characteristics
of the proposed use are in accord with the title and purpose of this
resolution, in that the project meets all applicable development
standards for the CG zone.
3. The approved location, size, design, and operating characteristics
of the use will be compatible with and will not adversely affect or
be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources because it will be located within
an established shopping center, and screened from views of adjoining
streets and parking areas.
4. That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element in that
the use will operate within a commercial center where existing off-
street parking is adequate.
5. That the site is suitable for the type and intensity of designated
use wh i ch is proposed in that it is in an area des i gnated for
general commercial uses.
6. That there will not be significant harmful effects upon
environmental quality and natural resources in that the use will be
contained within an existing fully developed site.
. ATTACHMENT A NOV 1 4 1995 ITEM 4
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Resolution No. P-
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7. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
Section 3: Citv Council Decision:
The City Counc il hereby approves Minor Conditional Use Permi t 95-05
subject to the following conditions:
Within 30 days of approval (1) the applicant shall submit in writing that
all cond it ions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
The use conditionally granted by this permit shall not be conducted in
such a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and commercial uses.
This conditional use permit shall be subject to annual review by the
Director of Plinning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the past
year. If the permit is not in compliance with the conditions of approval,
or the Planning Services Department has received complaints, the required
annual review shall be set for a public hearing before the City Council to
consider modification or revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
.2. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
3. The reverse vending machines which are currently located at the grocery
store entrance shall be removed upon installation of the recycling center.
4. The operators of the recycling center shall be responsible for maintaining
the area around the center in a clean and orderly condition.
5. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
iliH1
1. Any signs proposed for this project shall be designed and approved in
conformance with the Sign Ordinance.
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Resolution No. P-
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2. Signs shall be posted at the entrances of the Lucky Store informing
customers of the location of the recycling center, its hours of operation
and instructions concerning redemption of recyclables during the hours in
which the center is closed.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. The location of the container shall not reduce the fire lane access below
or to less than 20 feet in width.
2. The container shall be located at least ten (10) feet from the building.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 14th day of November, 1995.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. lIahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
, was duly adopted by the City Council at a meeting of said City Council
held on the day of , 1995, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. lIahlsten, City Clerk
City of Poway
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