RECOMMENDATION REPORT

Transcription

1 DEPARTMENT OF CITY PLANNING RECOMMENDATION REPORT Los Angeles City Planning Commission Date: Thursday June 11, 2009 Time: After 8:30 a.m. Place: Los Angeles City Hall 200 North Spring Street, 10 th Floor Los Angeles, CA Case No.: CPC CU CEQA No.: ENV MND Plan Area: Southeast Los Angeles Council No.: 9 Certified NC: Central Alameda GPLU: Light Manufacturing Zone: M2-2 Public Hearing: May 1, 2009 Appeal Status: Appealable to City Council Expiration Date: 07/22/09 Applicant: Representative: Benjamin Camarena, Camarena Recycling #2 Franco Jasso, Construction Professionals Group, Corp. PROJECT LOCATION: PROPOSED PROJECT: REQUESTED ACTION: 5742 S. Duarte Street The installation and operation of a recycling Buyback Center providing 9 parking spaces with hours of operation from 7:00 a.m. to 8:00 p.m., Monday through Friday, Saturday from 8:00 a.m. to 6:00 p.m. and Sunday 10:00 a.m. to 6:00 p.m. The Buyback Center is proposed as an additional use on the site which is a wood pallets storage yard. The proposed project is located on a 24,000 square foot site classified in the M2-2 (Light Industrial) Zone and within 1,000 feet of the CM (Commercial Manufacturing) and MR1 (Restricted Industrial) Zones. 1. Pursuant to Section U.22 of the Municipal Code, a Conditional Use to allow a recycling Buyback Center for the depositing of glass, cans, papers, plastic, beverage containers, and similar recyclable materials in the M2-2 Zone, when the facility is located within 1,000 feet of any A, R, C, P, PB, MR, or M1 Zone or use or otherwise does not comply with the conditions set forth in Section A.18(d). 2. Pursuant to Section (c)(3) of the California Public Resources Code, Adopt the Mitigated Negative Declaration (MND) for the above referenced project. RECOMMENDED ACTIONS: 1. Approve a Conditional Use to allow a recycling Buyback Center for the depositing of glass, cans, papers, plastic, beverage containers, and similar recyclable materials in the M2-2 Zone, when the facility is located within 1,000 feet of any A, R, C, P, PB, MR, or M1 Zone or use or otherwise does not comply with the conditions set forth in Section A.18(d). 2. Adopt Mitigated Negative Declaration No. ENV CU and associated Findings. 3. Adopt the attached Findings. 4. Advise the applicant that pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and / or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination (NOD) filing. S. GAIL GOLDBERG, AICP Director of Planning Faisal Roble, Senior City Planner Lynda J. Smith, Hearing Officer Telephone: (714)

2 Page 2

3 TABLE OF CONTENTS Project Analysis... A-1 Project Summary Background Issues Conclusion Conditions of Approval... C-1 Findings...F-1 General Plan/Charter Findings Entitlement Findings CEQA Findings Public Hearing and Communications...P-1 Exhibits: A Maps A1 Vicinity Map A2 Radius Map B - Plans Site Plan C Environmental Clearance D Photos

4 CPC CU A-1 PROJECT ANALYSIS Project Summary The installation and operation of a recycling B uyback Center providing 9 parking spaces with hours of operation from 7:00 a.m. to 8:00 p.m., Monday through Friday, Saturday from 8:00 a.m. to 6:00 p.m. and Sunday 10:00 a.m. to 6:00 p.m. The Buyback Center is proposed as an additional use on the site which is a wood pallets storage yard. The proposed project is located on a 24,000 square foot site classified in the M2-2 (Light Industrial) Zone. Background The subject Conditional Use Permit (CUP) is required pursuant to Section U 22 of the LAMC. The subject use is permitted without a CUP when located in the M2 zone provided it is not located within 1000 feet of any A, R, C, P, PB, MR or M1 Zone or use. The subject site is located on Duarte Street in the Southeast Los Angeles Community Plan area. It is located immediately north of Slauson Avenue and to the east of Long Beach Avenue. Surrounding land uses include: East - Auto related, storage, parking manufacturing and residential uses. All properties are zoned M2-2. General Plan Land Use (GPLU) designation is Light Industrial; West (Across Duarte Avenue) Junk yards, manufacturing, storage, auto repair, rail road right of way (Metro Blue Line). Properties are zoned M2-2, MR1-1 and [T][Q]CM-1VL; South (North side Slauson Avenue) Manufacturing, auto repair, Rail Road right of way. Parcels are zoned M2-2 and have a General Plan Land Use Designation of Light Industrial. The County of Los Angeles is located south of Slauson Avenue. North Residential uses (1 to 4 dwelling units), storage, auto and junk yards. Parcels are zoned M2-2 with a GPLU of Light Industrial.

5 CPC CU A-2 Issues The Council office has requested that the Applicant repair and improve the sidewalk adjacent to the subject use. This request is reflected in the proposed Conditions of Approval. Additional landscaping was requested along the property frontage. The subject site does contain existing street trees along the lot frontage, however, there is no landscape buffer along the property front as the property was developed with no front yard set back as is permitted by the LAMC for M2 zoned properties. A measure such as an organic wall cover (ie clinging vines) may be a viable alternative to help soften and green the frontage of the existing site. Graffiti abatement, noise controls, sidewalk repair and general site maintenance conditions are being required to aid in reducing any potential negative effects created by the proposed use. The subject site is located within an area of Southeast Los Angeles that is zoned for and contains industrial uses. However, as occurs throughout the community, there are existing lowdensity residential uses located immediately adjacent to or on the same lot as industrial and commercial uses. Some of these structures have been converted to businesses, but many are still being used for residential uses although they have either commercial or industrial zoning. The subject site is located immediately adjacent to residential uses. Conclusion The subject site has been operating as a business which stores wood pallets. This is not considered a high intensity use and has been located adjacent to low density residential uses since about The proposed Buyback Center would be added to the existing pallet storage business and would only handle the collection and payment of refunds for CRV products. Nine on-site parking spaces are proposed and the use has been conditioned pursuant to Municipal Code requirements for site development of recycling centers. These design standards regulate: hours of operation, handling of materials, site clean-up and maintenance and circulation. Additional Conditions of approval have been added related to graffiti clean up and lighting. The new use is proposed to be added at the front of the existing site. The existing wood pallets storage will be maintained at the rear of the site which is immediately adjacent to residential uses. The proposed Conditions of Approval related to site design and the location of the new use on the site furthest away from the existing residential uses, will mitigate any potential negative effects upon the existing uses and will support the physical upgrading of the existing use. Therefore, staff is recommending approval of the subject request, as conditioned.

6 CPC C-1 A. Conditional Use. CONDITIONS OF APPROVAL 1. Use. The subject Conditional Approval shall permit the installation and operation of a recycling Buyback Center for the depositing of glass, cans, papers, plastic, beverage containers, and similar recyclable materials in the M2-2 zone that is located within 1,000 feet of the MR, C and R zones. 2. Site Plan. Prior to the issuance of any building permits for the subject project, detailed development site and elevation plans including complete landscape and irrigation plan by a licensed landscape architect or architect, shall be submitted for review and approval by the Department of City Planning for verification of compliance with the imposed conditions. The plans shall be in substantial conformance with the site plans labeled as Exhibit B stamped and dated June 11, 2009, or as modified by the City Planning Commission and attached to the subject case file. Minor deviations may be allowed in order to comply with provisions of the Municipal Code, the subject conditions, and the intent of the subject permit authorization. 3. Development Standards. Pursuant to Sections U 22 and A 18 (d) of the Los Angeles Municipal Code the subject use shall comply with the following: a. The area for depositing Recyclable Materials shall not exceed a maximum of 1,000 square feet. b. The area for depositing Recyclable Materials shall be a minimum of 10 feet from all property lines, except for Reverse Vending Machines and Reverse Vending Machine Commodity Storage Bins located 24 inches or less from the exterior wall of a building. c. The entire site shall be enclosed by a 6-foot high concrete block or masonry wall. d. All Recycling Receptacles shall be covered, durable, waterproof, rustproof, of incombustible construction, and of sufficient capacity to accommodate the materials collected. e. Except for Reverse Vending Machine Commodity Storage Bins, either the Recycling Receptacle or the enclosure shall be clearly identified with the operator s name, address, telephone number, hours of operation, and a notice that no material shall be left outside the enclosure, and each Recycling Receptacle must clearly indicate the type of material to be deposited. f. On a daily basis the site shall be kept free of litter, debris, spillage, bugs, rodents, odors, and other similar undesirable hazards. g. Recyclable Materials, other than Recyclable Materials contained in reverse vending machine commodity storage bins, shall be emptied from Recycling Receptacles when full or every week, whichever occurs first. h. All recycled goods shall be placed or stored in Recycling Receptacles and not be left out on the site by the end of the business day.

7 CPC C-2 i. Paper products and other lightweight materials shall be immediately placed into covered Recycling Receptacles when they are dropped off. j. The hours of operation shall be Monday through Friday from 7 a.m. to 8 p.m., Saturday from 8 a.m. to 6 p.m., and Sunday from 10 a.m. to 6 p.m. k. All Recycling Receptacles and containers shall be kept secure from unauthorized entry to prevent scavenging and theft of recyclable materials. l. The area for depositing Recyclable Materials and/or enclosure shall not impair traffic flow nor diminish the required parking spaces except that up to 10 percent of the required parking spaces may be used as part of the area utilized for Recyclable Materials; provided, however, that if the area for depositing Recyclable Materials is abandoned, then the parking spaces shall be reestablished. m. Any activity involving baling and hand sorting of Recyclable Materials, as well as automated can conveyor/magnetic or mechanical separators, and crushers for can, glass, or plastic bottles, shall be conducted in compliance with Section 12.19A4(b)(1) of the LAMC. n. A minimum of one trash receptacle shall be provided within the recycling site. o. The area for collection of Recyclable Materials, and all driveways, parking areas, storage areas, and loading zones shall be paved and maintained in good condition. p. A source of running water shall be maintained on the site. q. The recycling center operator shall not permit loitering, camping, public begging, consumption of alcoholic beverages, use of illegal narcotics, or any other criminal activity on the premises. r. No salvage, junk or inoperative vehicles shall be placed or allowed to remain outside of he enclosed yard area and buildings. No materials storage containers shall be allowed on the public street right of way. 4. Operations. All operations and storage, including all equipment used in conducting such business, other than parking, shall be conducted within an area enclosed by the perimeter walls. 5. Parking. A minimum of 9 parking spaces shall be required. Parking shall be provided as pursuant to LAMC Section A 4. The number of spaces provided, their location and access shall be in substantial conformance with the project plans marked Exhibit B and attached to the administrative file. 6. Street Improvements. The applicant shall repair any broken, off-grade or bad order concrete curb, gutter and sidewalk adjoining the property. These improvements shall be completed to the satisfaction of the City Engineer. 7. Maintenance. The subject property including associated parking facilities and sidewalks, adjacent to the exterior walls along the all property lines shall be maintained in an attractive condition and shall be kept free of trash and debris.

8 CPC C-3 8. Light. Outdoor lighting shall be designed and installed with shielding, so that the light source cannot be seen from adjacent residential properties. This shall not exclude the use of security lighting. B. Environmental. 9. Aesthetics (Graffiti). Every building, structure, or portion thereof, shall be maintained in a safe and sanitary condition and good repair, and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material, pursuant to Municipal Code Section The exterior of all buildings and fences shall be free from graffiti when such graffiti is visible from a public street or alley, pursuant to Municipal Code Section 91, Aesthetics (Signage). On-site signs shall be limited to the maximum allowable under the Code. Multiple temporary signs and/or banners in the store windows on fencing or along the building walls are not permitted. Business Identification signs shall be limited to a company logo, type of business only. Every sign shall be maintained in a clean, safe and good working condition. The display surfaces shall be kept neatly painted or posted at all times. C. Administrative Conditions of Approval. 11. Approval, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, review or approval, plans, etc., as may be required by the subject conditions, shall be provided to the Department of City Planning for placement in the subject file. 12. Code Compliance. Area, height and use regulations of the zone classification of the subject property shall be complied with, except where herein conditions are more restrictive. 13. Corrective Conditions. The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the City Planning Commission to impose additional corrective conditions, if, in the Commission=s opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property. 14. Covenant. Prior to the issuance of any permits relative to this matter, an agreement concerning all the information contained in these conditions shall be recorded in the County Recorder s Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assigns. The agreement shall be submitted to the Department of City Planning for approval before being recorded. After recordation, a copy bearing the Recorder s number and date shall be provided to the Department of City Planning for attachment to the file. 15. Definition. Any agencies, public officials or legislation referenced in these conditions shall mean those agencies, public offices, legislation or their successors, designees or amendment to any legislation. 16. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Department of City Planning and any designated agency, or

9 CPC C-4 the agency s successor and in accordance with any stated laws or regulations, or any amendments thereto. 17. Building Plans. Page 1 of the grant and all the conditions of approval shall be printed on the building plans submitted to the Department of City Planning and the Department of Building and Safety. 18. Utilization of Entitlement. The applicant/owner shall have a period of two years from the effective date of the subject grant to effectuate the terms of this entitlement by either securing a building permit or a certificate of occupancy for the authorized use, or unless prior to the expiration of the time period to utilize the privileges, the applicant files a written request and is granted an extension to the termination period for up to one additional year pursuant to Section C 4 (e) of the Municipal code. Thereafter, the entitlement shall be deemed terminated and the property owner shall be required to secure a new authorization for the use. 19. Indemnification. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City.

10 CPC CU F-1 FINDINGS General Plan/Charter Findings The subject Use is located within the Southeast Los Angeles (SELA) Community Plan area, which was adopted by the City Council on March 22, 2000 (Case No. CPC CPR). The Plan map designates the subject property Limited Manufacturing, with corresponding zones of CM, MR1, and M1. Entitlement Findings - Conditional Use. Pursuant to Section E of the Municipal Code, and based on these findings, the recommended action is deemed consistent with public necessity, convenience, general welfare and good zoning practice. a. The location of the project will be desirable to the public convenience and welfare. The proposed use (a recycling Buyback Center ) is being added to an existing wood pallet storage business that is located on a lot that is zoned for and in an area that is designated for light industrial uses. The immediate area is characterized by other industrial uses such as storage, metal shops, junk yards and various manufacturing uses. Also located within 1000 feet of the proposed use are residential uses and various commercial uses. The subject property is located just north of Slauson Avenue and east of Long Beach Avenue within the Southeast Los Angeles community plan area. Existing rail right-of-ways are located on both Slauson and Long Beach Avenues. The location is desirable to the public convenience and welfare in that it is immediately adjacent to several major Avenues within an area that is predominately characterized by industrial and commercial manufacturing uses. b. The proposed project will be proper in relation to adjacent uses or the development of the community. The proposed use is a recycling Buyback Center for the collection and payment of CRV products. The surrounding land uses are commercial manufacturing, industrial and public utilities. The existing use is a wood pallet storage business zoned M2-2 with a General Plan land use designation of Limited Industrial. The proposed Buyback Center does not constitute an introduction of a new land use into the subject area, or a use that in inconsistent with the existing pattern of development. The proposed recycling center is proper in relation to adjacent uses and to the development of the community as the primary land uses are industrial in nature. Although there are residential uses within 1000 feet of the subject use, this is a land-use pattern that exists throughout the immediate area. Those adjacent residential uses are located on parcels zoned for light manufacturing. The subject Buyback Center is proposed as an additional use to an existing wood pallet storage yard. The new use is only for the collection and payment of CRV products and is not a sorting or manufacturing center which could produce more noise and environmental issues than the proposed use. The inclusion of the Buyback Center as part of the existing light industrial use is proper in relation to and consistent with adjacent uses and development. c. The proposed project will not be materially detrimental to the character of development in the immediate neighborhood.

11 CPC CU F-2 The proposed use is located in an area that contains industrial type manufacturing and warehouse uses. The General Plan land use for the area is Light Industrial and supports the development of industrial uses such as the proposed recycling center. The new use will be added to an existing wood pallet storage yard and is therefore not an introduction of a more intense type of use into the area. The proposed project will not be materially detrimental to the character of development in the immediate neighborhood as it is a light industrial use and will require Conditions of Approval which help to buffer any potential hazards related to light, noise, circulation, parking, site maintenance and landscaping. d. The location of the project will not be materially detrimental to the public welfare or injurious to the properties or improvements in the affected community. The proposed use is a recycling buyback center. It is located in an area which currently contains other industrial uses such as warehousing and light manufacturing. The proposed use is not an intense industrial use and will be conditioned to mitigate any potential effects upon surrounding properties. The existing wood pallet storage would continue on the subject site and would be located on that portion of the site that is immediately adjacent to the property line of the residential uses located to the east serving as a buffer between the new use and the existing residential development. The project will not be materially detrimental to the public welfare as it is located in an existing industrial area, and is not considered an environmentally sensitive use as previously stated, only the collection of and payment for CRV products would occur on the site. Pursuant to the Los Angeles Municipal Code, the subject Conditional Use includes development standards related specifically to the subject use. These development standards have been included as Conditions of Approval and address those potentially negative effects generated by the use such as, hours of operation, site design and maintenance, circulation, parking and handling of recycled materials and therefore further limit the possibility of the subject use being materially detrimental to the public welfare or injurious to the affected community. e. The proposed project will be in harmony with the various elements and objectives of the General Plan. The proposed use is permitted in the M2-2 zone and is therefore consistent with the General Plan Land Use Designation of Limited Industrial. The proposed Conditional Use supports the following Goals and Objectives of the Southeast Los Angeles Community Plan: GOAL 3 SUFFICIENT LAND FOR A VARIETY OF INDUSTRIAL USES WITH MAXIMUM EMPLOYMENT OPPORTUNITIES WHICH ARE SAFE FOR THE ENVIRONMENT AND THE WORK FORCE, AND WHICH HAVE MINIMAL ADVERSE IMPACT ON ADJACENT USES. Objective 3-1 To provide for existing and future industrial uses which contribute job opportunities for residents and which minimize environmental and visual impacts to the community. CEQA Findings A Mitigated Negative Declaration (ENV MND) was prepared for the proposed project. On the basis of the whole of the record before the lead agency including any comments

12 CPC CU F-3 received, the lead agency finds that, with imposition of the mitigation measures described in the MND, there is no substantial evidence that the proposed project will have a significant effect on the environment. The attached Mitigated Negative Declaration reflects the lead agency s independent judgment and analysis. The records upon which this decision is based are with the Environmental Review Section of the Planning Department in Room 750, 200 North Spring Street. I hereby adopt that the Mitigated Negative Declaration, imposed the conditions shown in that document on this approval.

13 CPC CU P-1 PUBLIC HEARING AND COMMUNICATIONS The public hearing on this matter was held Friday May 1, 2009 at the Los Angeles City Hall. There were three persons present and no testimony was given in opposition to the subject request. Written communication has been received from the local Council Office requesting inclusion of public improvements such as increased landscaping and sidewalk repair.