Agenda - 7/19/2022 (9) — Santa Maria City Council, July 19, 2022

FOR THE COUNCIL MEETING OF JULY 19, 2022

COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Community Development
SUBJECT: APPEAL OF THE DENIAL OF A PLANNED DEVELOPMENT PERMIT (PD2021-0009) AND CONDITIONAL USE PERMIT (U2021-0005) FOR SUNSET RECYCLING CORP. TO ESTABLISH A BUYBACK

RECYCLING FACILITY ON THE PARKING LOT OF SANTA MARIA
SHOPPING CENTER LOCATED AT 1465 SOUTH BROADWAY
RECOMMENDATION:

That the City Council adopt a Resolution to deny the appeal and affirm the decision made by the Planning Commission to deny a Planned Development Permit (PD2021- 0009) and Conditional Use Permit (U2021-0005) for Sunset Recycling Corp. to establish a buyback recycling facility on the parking lot of the Santa Maria Shopping Center located at 1465 South Broadway.

BACKGROUND:

Sunset Recycling Corp. is requesting that the City Council overturn the Planning Commission's March 16, 2022, denial of permits to establish a buyback recycling facility for California Redemption Value (CRV) beverage containers within the Santa Maria Shopping Center located at 1465 South Broadway, between West Stowell Road and Enos Drive. The site is located in the PD/C-1 (Planned Development/Central Business) Zoning District of the Entrada Este Specific Plan. The shopping center is surrounded by commercial development to the east, south, and north. The Stowell Manor residential subdivision is located to the west.

The buyback facility is proposed to be located in the parking lot adjacent to the Foods Co. grocery store and gas station, near the shopping center's South Broadway entry and exit driveways. The facility includes a customer kiosk, two roll -off containers, landscape planters, and queuing area for customers. Sunset Recycling Corp. has partnered with Foods Co. to establish the recycling center in the shopping center in compliance with the California Beverage Container Recycling and Litter Reduction Act (Act). This Act requires CalRecycle to identify convenience zones (areas within a 1/2 -mile radius around most supermarkets) which must have a certified recycling center, or each qualifying business within its boundaries that sells beverages must either redeem containers within the store or make a daily payment to the State. Currently, to comply with the Act, Foods Co. has been making payments to the State. With the establishment of the proposed certified recycling center on the site, these payments would no longer be required.
1 The Act does not preempt local zoning regulation of recycling centers but does contain language urging cities to act favorably on the siting of recycling centers. Public Resources Code Section 14500(e) states as follows: "It is the intent of the Legislature to make redemption and recycling convenient to consumers, and the Legislature hereby urges cities and counties, when exercising their zoning authority, to act favorably on the siting of multi -material recycling centers, reverse vending machines, mobile recycling units, or other types of recycling opportunities, as necessary for consumer convenience, and the overall success of liter abatement and beverage container recycling in the state."
Planning Commission Hearings
This project was reviewed by the Planning Commission on October 6, 2021, and February 16 and March 16, 2022. At the October 6th hearing, the Planning Commission raised concerns regarding the proximity of the facility to the shopping center's South Broadway entry and exit driveways and the potential for this location to impede vehicular circulation in the shopping center. The Commission also cited the lack of screening provided at the rear of the metal storage containers and the potential negative aesthetic impact the facility would pose to views of the shopping center from South Broadway. The item was continued with direction from the Planning Commission for staff and the applicant to review altemate locations within the shopping center where the facility could be located that would not impede vehicular circulation, as well as design alterations that would screen the facility from South Broadway.

The project retumed to the Planning Commission on February 16th Due to the need to locate the facility within the parking lot area occupied by Foods Co., the altemate locations within the shopping center discussed by the Planning Commission at the October 6th hearing were determined to be infeasible. However, to address the concerns expressed by the Planning Commission regarding vehicular circulation and aesthetics, the applicant revised their plans to relocate the facility 20 feet further from the South Broadway entry/exit driveways, and 30 feet further from the adjacent drive aisle leading to the driveway (Attachment D, Plan Set). The recycling center building was also re -oriented to locate the unscreened component of the roll -off containers facing the interior of the shopping center and away from South Broadway. The Planning Commission reviewed the changes and determined that the re -location and re- orientation of the facility did not sufficiently address the project's potential impacts upon aesthetics and vehicular circulation. A motion to approve the project failed with a 2-3 vote. The Planning Commission then recommended by motion (3-2 vote) that staff return on March 16th with a Resolution and findings to deny the Planned Development Permit and Conditional Use Permit.

The findings and Resolution to deny the project were provided to the Planning Commission at the March 16th hearing. At this hearing, public comments were received from Sunset Recycling Corp. and Kroger, who represent the grocery store (Foods Co.) involved with this project, each asking the Commission to reconsider the motion to deny the project. Another letter was received from the property management of the adjacent Stowell Center Shopping Center supporting the denial. After considering the public testimony and information presented, the Planning Commission, by Resolution, denied 2 the Planned Development Permit and Conditional Use Permit for the project on a 3-1 vote (one Commissioner absent). The Planning Commission staff report materials, including the Resolution to deny the project, are attached to this report.

DISCUSSION:

The appellant, Mr. Artashes Balyan of Sunset Recycling Corp., filed an appeal on March 23, 2022, of the Planning Commission's decision to deny the project. The primary issues raised in the appeal are Mr. Balyan's assertion that the project should be approved since it meets the applicable development standards in the City's Municipal Code and complies with the revisions and requests made by the Planning Commission.

While the project is consistent with the applicable City of Santa Maria Municipal Code development standards for development in the PD/C-1 zone district (Chapter 12-12), the Planning Commission was not able to make all of the required findings for approval of the Conditional Use Permit and Planned Development Permit, resulting in the denial of the project. Specifically, in their Resolution to deny the project, the Planning Commission could not make the following findings:

1. That the site for the proposed use is adequately sized to accommodate the use and parking is adequate to properly adapt such use with the land and uses in the vicinity.

2. That the proposed use will have no adverse effects upon the abutting property.

3. That the establishment, maintenance, and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development.

The Planning Commission found that due to the project's proximity to the busy South Broadway ingress and egress driveways into the shopping center, the project would potentially obstruct or impede the flow of traffic through the center increasing traffic congestion that would adversely affect the shopping center and South Broadway. The Planning Commission's findings also cite the inability to screen the facility from South Broadway resulting in a project that is inconsistent with the character of the shopping center and contrary to orderly development. The applicant and property owner considered all other feasible locations within the shopping center and were not able to locate a viable alternative.

In their decision to deny the project, the Planning Commission considered all written and oral evidence presented at all of the hearings. There have been no changes to the project or its circumstances following the Planning Commission's denial that would result in a different determination from the findings for denial discussed above.

Therefore, staff recommends that the City Council deny the appeal and affirm the 3 decision made by the Planning Commission to deny the Sunset Recycling Planned Development Permit (PD2021-0009) and Conditional Use Permit (U2021-0005).

Alternatives
City of Santa Maria Municipal Code Section 12-35.401 establishes that The City Council may reverse or affirm, wholly or in part, or may modify any decision, determination or requirement of the Planning Commission...' The City Council may determine through a written finding of fact that the whole or part of the Planning Commission's findings denying the Sunset Recycling Facility Planned Development Permit and Conditional Use Permit were in error and overturn the denial and approve the project in response to the issues brought up in the appeal. A majority vote of the whole City Council is required to grant in whole or in part an appeal of a permit acted upon by the Planning Commission.

Fiscal Considerations
The appeal will not result in a direct fiscal impact to the City. There are no significant financial impacts anticipated with this action.

Impact to the Community
A decision to deny the appeal and affirm the Planning Commission's denial of the project will avoid the establishment of a project that could negatively impact the traffic circulation and aesthetics of the project site and surrounding area. However, the denial will also continue to limit the buyback recycling facility options available for residents in the City of Santa Maria.

Environmental Procedures:

The California Environmental Quality Act (CEQA) does not apply to projects which a public agency rejects or disapproves in accordance with section 15270 of the CEQA guidelines. No further environmental review is required.

CODY GRAYBEHL
Associate Planner

CHUEN NG
Community Development Director
Attachments:

A: Vicinity Map
B: Permit
C: October 6, 2021, Staff Report
D: Plan Set
E: February 16, 2022, Staff Report
F: Public Comment Letters
G: March 16, 2022, Staff Report
H: Planning Commission Resolution 2807
I: Sunset Recycling Corp. Appeal
4 CITY OF SANTA MARIA

PLANNED DEVELOPMENT PERMIT
& CONDITIONAL USE PERMIT
PLANNING DIVISION • 110 SOUTH PINE STREET ROOM 101 • SANTA MARIA. CA 93458 • 805.925.0951 X 2244 PERMIT NO. PD2021-0009 & U2021-0005
APPROVAL DATE February 16, 2022
PROJECT NAME Sunset Recycling
APPLICANT/OWNER Artashes Balyan/Santa Maria Shopping Center ADDRESS/LOCATION 1465 South Broadway
DESCRIPTION Review of a Planned Development Permit (PD2021-0009) & Conditional Use Permit (U2021-0005) for Sunset Recycling to establish a buyback recycling facility for California Redemption Value (CRV) beverage containers on a 19.62 -acre site in a PD/C-1 (Planned Development/ Central Business) district of the Entrada Este Specific Plan.

FINDINGS
The Planning Commission hereby approves the following project in accordance with the application submitted and hereby makes the required findings in accordance with the Section 12-35.105 and 12-35.203 of the Santa Maria Municipal Code, including the following:

A. That the project meets the vision, intent, and requirements of the General Plan and Entrada Este Specific Plan. The project would support existing commercial uses at the project site, including a grocery store, by providing more recycling options for patrons. The establishment of the proposal is permitted in the C-1 zoning district with the approval of a Conditional Use Permit and the development within a PD overlay requires a Planned Development Permit;
B. That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly adapt such use with the land and uses in the vicinity. The site is adequate to accommodate the proposed use and would adapt with the land and uses in the vicinity because the project would be located within an existing Planned Development (Santa Maria Shopping Center) which was designed to accommodate small accessory structures such as this project.

Additionally, the project meets the development standards listed in the PD/C-1 section of the Municipal Code;

ATTACHMENT B

C. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use as the implementation of the project would not lead to inadequate street and highway conditions because the buyback center would be located within an existing Planned Development (Santa Maria Shopping Center) which can adequately handle existing traffic and was designed to accommodate small accessory structures such as this project;
D. That the proposed use will have no adverse effect upon abutting property as the establishment of a buyback recycling facility would rely upon trained staff who would monitor customers and the facility to minimize adverse effects that could occur by working to prevent such activities as illegal dumping, shopping cart abandonment or loitering. Additionally, design features have been implemented to remove potential aesthetic impacts which include screening of the metal storage containers and incorporation of similar building materials present at the Santa Maria Shopping Center;
E. That the establishment, maintenance and/or conducting of the use for which the conditional use permit review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development because the proposal would be located within an existing Planned Development (Santa Maria Shopping Center) which was designed to accommodate small accessory structures such as this project. The project would rely upon trained staff who would minimize adverse effects such as illegal dumping, shopping cart abandonment or loitering. Lastly, design features have been implemented to remove potential aesthetic impacts and ensure consistency with the character of the neighborhood which include screening and incorporation of similar building materials present at the Santa Maria Shopping Center;
F. That the conditions stated in the decision are necessary to protect the public health, safety and general welfare;
G. The proposed modification(s) are otherwise consistent with the General Plan, Municipal Code and Entrada Este Specific Plan. The project proposes no modification(s) to development standards within the General Plan, Municipal Code or the Entrada Este Specific Plan;
H. The project includes superior design elements that mitigate or compensate for any potential impact of the proposed modification(s) on the surrounding area. The project is consistent with all applicable development standards in the Municipal Code and no modifications to development standards are proposed; PD2021-0009 & U2021-0005 FEBRUARY 16, 2022

SUNSET RECYCLING CONDITIONAL USE PERMIT
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The proposed modification(s) are essential to the design of the project. The project is consistent with all applicable development standards in the Municipal Code and no modifications to development standards are proposed; J. The proposed modification(s) have been minimized to the maximum extent possible consistent with Subsections (G) through (I) of the findings above. The project proposes no modification(s) to development standards within the General Plan, Entrada Este Specific Plan or the Municipal Code, and the project is consistent with all applicable development standards in the Municipal Code.

Therefore, the modification(s) have been minimized to the maximum extent possible consistent with Subsection (G) through (I) of the Findings; and K. The project qualifies for a Class 3 Categorical Exemption based on Section 15303 of the State California Environmental Quality Act (CEQA) Guidelines. This exemption is for the new construction or conversion of small structures. None of the exceptions to the Class 3 Categorical Exemption that are listed in Section 15300.2 of the State CEQA Guidelines would apply. No further environmental review is required.

CONDITIONS OF APPROVAL
The project is approved subject to the following Conditions of Approval:

Community Development Department

1. Proiect Description. The permittee shall comply with the project description, plan set entitled Santa Maria Shopping Center Sunset Recycling Facility consisting of two pages dated January 18, 2022, and Conditions of Approval of this permit. Any changes from the project description, Plan Set, or conditions shall require a permit amendment. Contact the Planning Division prior to changing anything described on the Plan Set or in the project description.

2. Color and Materials. A sample of all paint colors and materials to be used on the project site shall be submitted to the Planning Division for review for consistency with Planning Commission approval prior to issuance of building permits. Paint colors shall be provided in the form of paint chips.

3. Outdoor Storage. All storage shall take place within the on -site recyclable storage containers. The storage containers shall be completely enclosed and screened from view. Under no circumstances will materials be stored outside of the storage bins or in locations that block the drive -aisle. The applicant shall schedule the exchange of bins at a frequency necessary to ensure there is always adequate bin storage.

4. Shopping Carts. The applicant shall be responsible for returning shopping carts to their off -site location of origin, daily.

5. Hours of Operation. This use shall be limited to the hours of 9 a.m. to 5 p.m. during weekdays and 9 a.m. to 4 p.m. on weekends. The operation would occur seven PD2021-0009 & U2021-0005 FEBRUARY 16, 2022

SUNSET RECYCLING CONDITIONAL USE PERMIT
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days per week. Modification of days and hours shall be subject to Planning Division review and approval.

6. On Site Employee. An attendant shall be present at all times the facility is in operation.

7. Customer/Container Queuing. The operator of the facility shall ensure that the drive aisles are not blocked by waiting customers or customers unloading recyclable materials, directing customers to the short-term parking as necessary

8. Signage. Signs shall be posted at the site stating, "No Ovemight Camping in the Parking Lot", "Recyclables only accepted during business hours" and "No Dumping" in both English and Spanish language text.

9. Short Term Parking. Two parking spaces adjacent to the facility shall be clearly marked for short-term parking for recycling customers. The location of the two spaces and the method of demarcation shall be subject to approval by the Community Development Department.

10. Architectural Elements. All architectural elements such as parapet walls, tower features, and architectural features shall include architectural details on all sides to provide 360 -degree architecture and eliminate the appearance of a false facade.

11. Ongoing Site Maintenance. The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the Santa Maria Municipal Code. Any graffiti on the property shall be promptly painted out. All landscaping areas on the property shall be permanently maintained with healthy, growing plant material, free from weeds.

Dead or dying plant material shall be replaced within one month of plant deterioration. The site shall be power washed twice a month.

Failure to comply with this condition is a public nuisance and is subject to the adopted Citation Ordinance of the City of Santa Maria.

12. Light Standards. All on -site lighting shall comply with the Municipal Code Performance Standards. A photometric plan is required at the building permit stage, subject to Planning Division approval. Parking lot light standards on the project site shall have a maximum overall height of 30 feet.

13. Business License. A City business license is required.

14. Performance Standards. The requirements of the City's performance standards with respect to odor, noise, smoke, vibration and discharge of liquid and solid waste shall be maintained.

15. Agency Requirements. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project.

PD2021-0009 & U2021-0005 FEBRUARY 16, 2022

SUNSET RECYCLING CONDITIONAL USE PERMIT
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16. State Act Compliance. The applicant shall comply with the California Beverage Container Recycling and Litter Reduction Act (Govt Code Section 14500 et seq.).

17. Construction Documents. A copy of these conditions shall be incorporated into all construction documents.

18. Indemnification. The applicant shall agree to indemnify, defend (with counsel reasonably approved by the City), and hold harmless the City of Santa Maria and its officers, officials, employees, and agents from and against any and all claims, demands, actions, proceedings, lawsuits, losses, damages, judgments and/or liabilities by third parties arising out of, related to, or in connection with the project application or to attack, set aside, void, or annul, in whole or in part, an approval of the project application by the City and any related environmental approvals, development approvals or project conditions. The Applicant shall reimburse the City, its agents, officers, officials, or employees, for any court costs and attorney's fees that the City, its agents, officers, officials, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve Applicant of his/her obligations under this provision.

Public Works Department

ENGINEERING CONDITIONS

19. Building Plans. At time of building plan submittal, the developer shall identify the following items on the site or utility plan for the subject project:

A. Location and sizes of all existing water mains, sewer mains, water meters, water service lines, backflow prevention devices, private sewer lateral connections, and storm drainage facilities in abutting streets or on the project site
B. Location, quantity, and orientation of trash enclosures C. All parcel lines and easements crossing the project site D. Locations and dimensions of all existing and proposed driveways and sidewalks
E. Location of existing and proposed fire hydrants
F. Required public improvements
G. Limits of frontage improvements
FEES

20. Utilities Connection Fees. For all development projects already connected to the utility system, the water and wastewater fees shall be based solely on an increase in water meter size or a change in use and shall be calculated and collected prior to installation of the larger meter or making a change in use. The State Water Reimbursement Fee shall be collected concurrently with the Growth Mitigation Fee. The following fees are to be paid by the applicant and will be collected at time of request for connection at the Building Division, 110 South Pine Street, Room 101.

PD2021-0009 & U2021-0005 FEBRUARY 16, 2022

SUNSET RECYCLING CONDITIONAL USE PERMIT

A. Water Mitigation Fee: The fee is calculated based on the size of water meters (domestic, landscape, fire) serving the site. The fee shall be based upon the codes and rates in effect at the time of building permit issuance (Santa Maria Municipal Code (S.M.M.C.) Sections 8-15.01 — 8-15.19.

B. Wastewater Mitigation Fee: The fee is calculated based on the size of water meters (domestic) serving the site. The fee shall be based on the codes and rates in effect at the time of building permit issuance (S.M.M.C. Sections 8-

15.01 through 8-15.15 and 8-15.20).

C. State Water Reimbursement Fee: The fee is calculated based on the size of water meters (domestic, landscape, fire) serving the site. The fee shall be based on the codes and rates in effect at the time of building permit issuance (S.M.M.C. Section 8-10.05.01).

STREET AND FRONTAGE CONDITIONS
21 Frontage Repair. The developer shall repair any cracked or broken curb, gutter, sidewalk, or alley within the project frontage and shall bring the pavement along the property frontage up to current City Standards as verified by an R -value test and pavement design approved by the City Engineer. City Streets and Facilities staff will determine the extent of the sidewalk, curb and gutter repair in the field prior to construction. Contact the Public Works Streets and Facilities Division at (805) 925-0951, ext. 2229. (S.M.M.C. Section 12-28.03)

22. New Frontage Improvements. The developer shall be required to install full frontage improvements including curb, gutter, sidewalk, streetlights, and landscaping wherever missing or required by the Public Works Department.

23. Sidewalk ADA Compliance. The developer shall remove and replace any sidewalk within the project frontage that does not meet ADA cross -slope requirements.

24. Intersections. Sight distance requirements shall be maintained at the intersection of any street, alley, or driveway improved for vehicular traffic per S.M.M.C.

Sections 12-27.02 and 12-27.03.

25. Caltrans Encroachment Permit. The developer shall obtain an encroachment permit before performing work within State Highway 135 right-of-way.

Encroachment permits are issued by California Department of Transportation (Caltrans) at the San Luis Obispo permit office. A note to this effect shall appear on the plans during building plan check.

26. City Encroachment Permit. The developer shall obtain an encroachment permit from the Public Works Engineering Division prior to any work in public streets, alleys, or easements (S.M.M.C. Section 8-6.06).

27. Facility Easements. Prior to issuance of building permits, the developer shall provide reciprocal access or utility and drainage easements if required by the Public Works Department for the subject project.

PD2021-0009 & U2021-0005 FEBRUARY 16, 2022

SUNSET RECYCLING CONDITIONAL USE PERMIT
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28. City Dedicated Easements. If any easements are required to be dedicated or vacated, the developer shall submit legal descriptions, sketches (8.5" x 11" City Standard Format), closure calculations, current title report, and payment of processing fees. All paperwork shall be approved prior to issuance of building permits and recorded prior to occupancy.

29. Slurry Seal. Developer shall be required to restore asphalt pavement surface to the pre -development condition by placing Type II Slurry Seal along the property frontage where trenching and utility cuts are required within City right-of-way. The slurry seal shall be applied for the full width of the roadway for 50' beyond all cuts within the asphalt pavement.

WATER CONDITIONS

30. Additional Water Fixtures. If service is existing and additional fixture units are to be added to the water service, the service lateral and meter size shall be evaluated by the developer's engineer to determine if it is adequate for the increased water usage; if it is not adequate, the developer shall be responsible to install an appropriately -sized service lateral and meter per City Standards.

31. Fire Hydrants. The location, placement, and sizing of on -site water lines and fire hydrants shall be approved by the City Fire Department and Public Works Department. Fire hydrants shall be supplied by a 6" water line.

32. Water Pipe Abandonment. Any existing water services not to be used by this development shall be abandoned by the developer at the mainline per City requirements.

33. Water Service Pipe Material Disclaimer. It is required that if your water service is made of polybutylene, you replace it with a City standard water service during the construction of your project. To find out if your water service is constructed of Polybutylene, please contact the Water Division at 925-0951 ext. 7270.

34. Backflow Prevention. Reduced pressure principle (RP) type backflow prevention assemblies shall be installed on all domestic water services. The devices shall be installed near the property line before any branches by a licensed plumber according to City specifications and standard drawings. The devices shall be tested by a certified backflow prevention tester with test results submitted to the City's Regulatory Compliance Specialist prior to final occupancy.

WASTEWATER CONDITIONS

35. Acceptance of Public Infrastructure. Prior to issuance of Certificate of Occupancy, the developer shall clean and verify the integrity of all sanitary sewer infrastructure to the satisfaction of the Public Works Inspector. Inspections at installation do not waive the requirement for re -inspection prior to acceptance by the City.

PD2021-0009 & U2021-0005 FEBRUARY 16, 2022

SUNSET RECYCLING CONDITIONAL USE PERMIT

36. Municipal Code. Discharge into the City's sewer system shall comply with municipal code discharge restrictions and requirements (S.M.M.C. Section 8-12).

37. Additional Sewer Service. If additional plumbing fixtures are to be served by an existing lateral, the lateral size shall be evaluated by the developer's engineer to determine if it is adequate for the increased sewage. It the lateral is smaller than what is necessary, the developer shall be responsible to install an additional sewer lateral per City and California State Health Agency standards.

38. Wastewater Discharge Permit. Prior to building permit issuance, the developer shall obtain a Wastewater Discharge Permit from the City. Contact the Utilities Department at (805) 925-0951, ext. 7270 for the permit application.

39. Sewer Pipe Abandonment. Any existing sewer services not to be utilized by this development shall be abandoned by the developer at the property line per City requirements.

40. New Sewer Lines. All sewer pipes crossing or parallel to public water facilities shall be constructed according to the requirements of the State Water Resources Control Board Division of Drinking Water.

41. New Sewer Lateral. All sewer laterals shall be constructed in compliance with City Standard Drawing SS -14B. Sewer laterals shall be privately maintained infrastructure and connect to City infrastructure with a wye connection.

SOLID WASTE CONDITIONS

42. Additional Commercial Solid Waste Facilities Service. Additional solid waste service shall be required to accommodate the project. The Solid Waste Division shall require a fee payment prior to scheduling of the service.

43. Modification of Conditions. The Director of Public Works, Planning Commission, and Council reserve the right to modify these conditions if they deem it necessary to ensure compliance of the project with Chapter 8-6 of the S.M.M.C.

Recreation & Parks Department

44. Development Fees. Per the Municipal Code, several Recreation and Parks Development Fees may apply to this project. The Commercial Growth Mitigation is $0.01/square foot. Fees are reviewed annually and are subject to change.

45. Landscape District. This project will be included in the Southwest Landscape Maintenance District. The signed and notarized "Petition Requesting Annexation" form is due at time of building permit issuance. It can be returned to the Recreation and Parks Department, 615 S. McClelland, Santa Maria, CA 93454.

PD2021-0009 & U2021-0005 FEBRUARY 16, 2022

SUNSET RECYCLING CONDITIONAL USE PERMIT

NOTES:

In accordance with Section 12-35.109 of the Municipal Code, this permit is not valid until the 15th calendar day following the issuance of the permit, providing no appeal is filed; or if an appeal is filed, this permit is not valid until the effective date of the final action on the appeal.

In accordance with Section 12-35.401 of the Municipal Code, the City may modify conditions of approval of the permit, or may revoke the permit for non-compliance with any of the conditions of approval, or if any operations under the approved permit result in detriment to the public health, safety or welfare.

This permit will not be valid until the applicant and property owner have submitted signed acknowledgment of their consent to the conditions, in accordance with Section 12-35.109 of the Santa Maria Municipal Code, to the Planning Division of the Community Development Department.

In accordance with Section 12-35.501 of the Municipal Code, this permit shall become null and void if the development authorized is, or has been, unused, abandoned, discontinued, or development has not been commenced within a period of three years. However, the approval body may consider extensions of time for additional periods of up to two years each, for a maximum overall permit life of seven years. A written request justifying the need and the appropriate filing fee filed with the Community Development Department shall be submitted prior to the expiration date.

Failure to comply with any of the conditions stated above may be cause for revocation or modification of this permit, in addition to any other penalties provided by law. All conditions of approval are to be completed prior to occupancy unless otherwise stated, and are to be maintained in perpetuity.

PD2021-0009 & U2021-0005 FEBRUARY 16, 2022

SUNSET RECYCLING CONDITIONAL USE PERMIT

•

CITY OF SANTA MARIA

PLANNING COMMISSION STAFF REPORT
October 6, 2021
2 SUNSET RECYCLING CENTER PLANNED DEVELOPMENT PERMIT & CONDITIONAL USE PERMIT AT 1465 SOUTH BROADWAY
Review of a Planned Development Permit (PD2021-0009) and Conditional Use Permit (U2021-0005) for Sunset Recycling to establish a buyback recycling facility for California Redemption Value (CRV) beverage containers on a 19.62 -acre site in a PD/C-1 (Planned Development/Central Business) district of the Entrada Este Specific Plan.

RECOMMENDATION
That the Planning Commission, by motion, approve the Planned Development Permit and Conditional Use Permit.

BACKGROUND
The applicant, Sunset Recycling Corp., proposes to establish a new buyback recycling facility (facility) for CRV beverage containers in the existing Santa Maria Shopping Center parking lot located at 1465 South Broadway (Attachment 1 — Vicinity Map). The facility would be used for the collection, purchase, weighing, and temporary storage (within approved containers) of recyclable materials. The Shopping Center property is located in the PD/C-1 (Planned Development/Central Business) zone district. The Shopping Center site is surrounded to the east, south and north by commercial uses. The zoning to the east and south is PD/C-1 and the zoning to north is PD/C-2 (General Commercial). To the west is residential development in an R-1 (Single Family Residential) district.

DISCUSSION
The facility would include a customer kiosk, two roll -off containers, landscape planters and queuing area for customers (Attachment 2, Plan Set). Each of the roll -off containers would be 8' x 21' and the facility would be 493 square -feet in size. The facility would consist of two partially exposed storage roll -off containers that fit into a building fagade that serves as the public kiosk. The remaining portion of the roll -off bins are screened by landscape planters. The lease area would be setback approximately 50 feet from the parcel frontage along South Broadway. The facility would be set back approximately 425 feet from the frontage along West Enos Drive and would be obscured from view along West Enos Drive as it would be located behind an existing gas station. The facility would be most visible along South Broadway. Design features have been incorporated to address visual impacts (see Aesthetics discussion below), and the project has been conditioned to require daily maintenance and operational standards to ensure that it will not negatively impact the surrounding area.

ATTACHMENT C

Proposed hours of operation are Monday through Friday 9:00 a.m. to 5:00 p.m. and Saturday -Sunday from 9:00 a.m. to 4 p.m. There would be one employee at this facility during these days and hours. The employee would ensure the customer's commodities are weighed and placed directly in the appropriate bin and would pay customers as well. The storage bin exchanges are scheduled weekly depending on the volume of the site in order to prevent storage bins from overflowing. The recycling center would be cleaned on a daily basis. If any debris or undesirable materials have been left, the site attendant will arrange to have the debris removed. During the hours of operation, the attendant will maintain the facility by regularly walking around and collecting any litter that may accumulate. All beverage container spills will be cleaned with a mop and bucket and discarded in the grocery store's restroom. The facility will also be power washed as needed.

California Beverage Container Recycling and Litter Reduction Act The proposed facility will comply with all regulations listed in the California Beverage Container Recycling and Litter Reduction Act (Act). The Act was created in response to the need to reduce litter and establish a beverage container recycling system. The Act requires CalRecycle to identify convenience zones, which are areas within a '/2 -mile radius around most supermarkets. Every convenience zone that is not specifically exempted by CalRecycle must have a certified recycling center in the zone or each dealer within its boundaries that sells beverages must either redeem containers within the store or make a daily payment to the State.

The Act does not preempt local zoning regulation of recycling centers but does contain language urging cities to act favorably on the siting of recycling centers. Section 14500(e) of the Act states as follows, "It is the intent of the Legislature to make redemption and recycling convenient to consumers, and the Legislature hereby urges cities and counties, when exercising their zoning authority, to act favorably on the siting of multi -material recycling centers, reverse vending machines, mobile recycling units, or other types of recycling opportunities, as necessary for consumer convenience, and the overall success of litter abatement and beverage container recycling in the state." This project site is considered a convenience zone given a supermarket (Foods Co.) is within the Santa Maria Shopping Center (less than a / mile away). A recent query of the CalRecycle database has determined that this convenience zone does not have a certified recycling center. The project has been conditioned to comply with the Act.

Aesthetics
The proposed facility is designed to be consistent with the architectural style of the surrounding development. The Santa Maria Shopping Center was constructed in accordance with the design guidelines of the Entrada Este Specific Plan. Split face block, stucco and clay tile roof material are the primary building materials that are present at the shopping center. The proposed facility incorporates a tile roof to match the existing shopping center. The metal roll -off containers are screened on each side by landscape planters to soften the appearance of the roll -off containers that otherwise would not be appropriate within a commercial area given their industrial appearance.

PD2021-0009 & U2021-0005 PLANNING COMMISSION STAFF REPORT SUNSET RECYCLING OCTOBER 6, 2021

Operational requirements are included in the conditions of approval (Attachment 3, Permit) to address the day-to-day appearance and maintenance of the facility and reduce any potential incompatibility the facility might introduce to the shopping center. These include provisions for removing shopping carts, signage prohibiting leaving recyclables during off -hours, and general maintenance of the project site.

Environmental
The project qualifies for a Class 3 Categorical Exemption based on Section 15303 of the State California Environmental Quality Act (CEQA) Guidelines. This exemption is for the new construction or conversion of small structures. None of the exceptions to the Class 3 Categorical Exemption that are listed in Section 15300.2 of the State CEQA Guidelines would apply. No further environmental review is required.

Prepared by
Approved by

CODY GRAYBEHL DANA EADY
Associate Planner
Attachments:

1. Attachment 1 - Vicinity Map

2. Attachment 2 - Plan Set

3. Attachment 3 - Permit
Planning Division Manager
PD2021-0009 & U2021-0005 PLANNING COMMISSION STAFF REPORT SUNSET RECYCLING OCTOBER 6, 2021
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CITY OF SANTA MARIA

PLANNED DEVELOPMENT PERMIT &

CONDITIONAL USE PERMIT
PLANNING DIVISION • 110 SOUTH PINE STREET ROOM 101 • SANTA MARIA, CA 93458 • 805.925.0951 X 2244 PERMIT NO. PD 2021-0009 & U2021-0005
APPROVAL DATE October 6, 2021
PROJECT NAME Sunset Recycling
APPLICANT/OWNER Artashes Balyan/Santa Maria Shopping Center ADDRESS/LOCATION 1465 South Broadway
DESCRIPTION Review of a Planned Development Permit (PD2021-0009) & Conditional Use Permit (U2021-0005) for Sunset Recycling to establish a buyback recycling facility for California Redemption Value (CRV) beverage containers on a 19.62 -acre site in a PD/C-1 (Planned Development/ Central Business) district of the Entrada Este Specific Plan.

Additionally, the project meets the development standards listed in the PD/C-1 section of the Municipal Code;

SUNSET RECYCLING CONDITIONAL USE PERMIT

CONDITIONS OF APPROVAL
The project is approved subject to the following Conditions of Approval:

Community Development Department

1. Project Description. The permittee shall comply with the project description, plan set entitled Santa Maria Shopping Center Sunset Recycling Facility consisting of two pages dated August 6, 2021, and Conditions of Approval of this permit. Any changes from the project description, Plan Set, or conditions shall require a permit amendment. Contact the Planning Division prior to changing anything described on the Plan Set or in the project description.

4. Shopping Carts. The applicant shall be responsible for returning shopping carts to their off -site location of origin, daily.

5. Hours of Operation. This use shall be limited to the hours of 9 a.m. to 5 p.m. during weekdays and 9 a.m. to 4 p.m. on weekends. The operation would occur seven days per week. Modification of days and hours shall be subject to Planning Division review and approval.

PD2021-0009 & U2021-0005 OCTOBER 6, 2021

SUNSET RECYCLING CONDITIONAL USE PERMIT

6. Customer/Container Queuing. The operator of the facility shall ensure that the drive aisles are not blocked by waiting customers or customers unloading recyclable materials, directing customers to the short-term parking as necessary

7. Signage. Signs shall be posted at the site stating, "No Ovemight Camping in the Parking Lot", "Recyclables only accepted during business hours" and "No Dumping" in both English and Spanish language text.

8. Short Term Parking. Two parking spaces adjacent to the facility shall be clearly marked for short-term parking for recycling customers. The location of the two spaces and the method of demarcation shall be subject to approval by the Community Development Department.

9. Architectural Elements. All architectural elements such as parapet walls, tower features, and architectural features shall include architectural details on all sides to provide 360 -degree architecture and eliminate the appearance of a false facade.

10. Ongoing Site Maintenance. The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the Santa Maria Municipal Code. Any graffiti on the property shall be promptly painted out. All landscaping areas on the property shall be permanently maintained with healthy, growing plant material, free from weeds.

Dead or dying plant material shall be replaced within one month of plant deterioration.

Failure to comply with this condition is a public nuisance and is subject to the adopted Citation Ordinance of the City of Santa Maria.

11. Light Standards. All on -site lighting shall comply with the Municipal Code Performance Standards. A photometric plan is required at the building permit stage, subject to Planning Division approval. Parking lot light standards on the project site shall have a maximum overall height of 30 feet.

12. Business License. A City business license is required.

13. Performance Standards. The requirements of the City's performance standards with respect to odor, noise, smoke, vibration and discharge of liquid and solid waste shall be maintained.

14. Agency Requirements. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project.

15. State Act Compliance. The applicant shall comply with the California Beverage Container Recycling and Litter Reduction Act (Govt Code Section 14500 et seq.).

16. Construction Documents. A copy of these conditions shall be incorporated into all construction documents.

P02021-0009 & U2021-0005 OCTOBER 6, 2021

SUNSET RECYCLING CONDITIONAL USE PERMIT

17. Indemnification. The applicant shall agree to indemnify, defend (with counsel reasonably approved by the City), and hold harmless the City of Santa Maria and its officers, officials, employees, and agents from and against any and all claims, demands, actions, proceedings, lawsuits, losses, damages, judgments and/or liabilities by third parties arising out of, related to, or in connection with the project application or to attack, set aside, void, or annul, in whole or in part, an approval of the project application by the City and any related environmental approvals, development approvals or project conditions. The Applicant shall reimburse the City, its agents, officers, officials, or employees, for any court costs and attorney's fees that the City, its agents, officers, officials, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve Applicant of his/her obligations under this provision.

Public Works Department

ENGINEERING CONDITIONS

18. Building Plans. At time of building plan submittal, the developer shall identify the following items on the site or utility plan for the subject project:

19. Utilities Connection Fees. For all development projects already connected to the utility system, the water and wastewater fees shall be based solely on an increase in water meter size or a change in use and shall be calculated and collected prior to installation of the larger meter or making a change in use. The State Water Reimbursement Fee shall be collected concurrently with the Growth Mitigation Fee. The following fees are to be paid by the applicant and will be collected at time of request for connection at the Building Division, 110 South Pine Street, Room 101.

PD2021-0009 & U2021-0005 OCTOBER 6, 2021

SUNSET RECYCLING CONDITIONAL USE PERMIT

15.01 through 8-15.15 and 8-15.20).

STREET AND FRONTAGE CONDITIONS

20. Frontage Repair. The developer shall repair any cracked or broken curb, gutter, sidewalk, or alley within the project frontage and shall bring the pavement along the property frontage up to current City Standards as verified by an R -value test and pavement design approved by the City Engineer. City Streets and Facilities staff will determine the extent of the sidewalk, curb and gutter repair in the field prior to construction. Contact the Public Works Streets and Facilities Division at (805) 925-0951, ext. 2229. (S.M.M.C. Section 12-28.03)

21. New Frontage Improvements. The developer shall be required to install full frontage improvements including curb, gutter, sidewalk, streetlights, and landscaping wherever missing or required by the Public Works Department.

22. Sidewalk ADA Compliance. The developer shall remove and replace any sidewalk within the project frontage that does not meet ADA cross -slope requirements.

23. Intersections. Sight distance requirements shall be maintained at the intersection of any street, alley, or driveway improved for vehicular traffic per S.M.M.C.

Sections 12-27.02 and 12-27.03.

24. Caltrans Encroachment Permit. The developer shall obtain an encroachment permit before performing work within State Highway 135 right-of-way.

Encroachment permits are issued by California Department of Transportation (Caltrans) at the San Luis Obispo permit office. A note to this effect shall appear on the plans during building plan check.

25. City Encroachment Permit. The developer shall obtain an encroachment permit from the Public Works Engineering Division prior to any work in public streets, alleys, or easements (S.M.M.C. Section 8-6.06).

26. Facility Easements. Prior to issuance of building permits, the developer shall provide reciprocal access or utility and drainage easements if required by the Public Works Department for the subject project.

PD2021-0009 & U2021-0005 OCTOBER 6, 2021

SUNSET RECYCLING CONDITIONAL USE PERMIT

27. City Dedicated Easements. If any easements are required to be dedicated or vacated, the developer shall submit legal descriptions, sketches (8.5" x 11" City Standard Format), closure calculations, current title report, and payment of processing fees. All paperwork shall be approved prior to issuance of building permits and recorded prior to occupancy.

28. Slurry Seal. Developer shall be required to restore asphalt pavement surface to the pre -development condition by placing Type II Slurry Seal along the property frontage where trenching and utility cuts are required within City right-of-way. The slurry seal shall be applied for the full width of the roadway for 50' beyond all cuts within the asphalt pavement.

WATER CONDITIONS

29. Additional Water Fixtures. If service is existing and additional fixture units are to be added to the water service, the service lateral and meter size shall be evaluated by the developer's engineer to determine if it is adequate for the increased water usage; if it is not adequate, the developer shall be responsible to install an appropriately -sized service lateral and meter per City Standards.

30. Fire Hydrants. The location, placement, and sizing of on -site water lines and fire hydrants shall be approved by the City Fire Department and Public Works Department. Fire hydrants shall be supplied by a 6" water line.

31. Water Pipe Abandonment. Any existing water services not to be used by this development shall be abandoned by the developer at the mainline per City requirements.

32. Water Service Pipe Material Disclaimer. It is required that if your water service is made of polybutylene, you replace it with a City standard water service during the construction of your project. To find out if your water service is constructed of Polybutylene, please contact the Water Division at 925-0951 ext. 7270.

33. Backflow Prevention. Reduced pressure principle (RP) type backflow prevention assemblies shall be installed on all domestic water services. The devices shall be installed near the property line before any branches by a licensed plumber according to City specifications and standard drawings. The devices shall be tested by a certified backflow prevention tester with test results submitted to the City's Regulatory Compliance Specialist prior to final occupancy.

WASTEWATER CONDITIONS

34. Acceptance of Public Infrastructure. Prior to issuance of Certificate of Occupancy, the developer shall clean and verify the integrity of all sanitary sewer infrastructure to the satisfaction of the Public Works Inspector. Inspections at installation do not waive the requirement for re -inspection prior to acceptance by the City.

PD2021-0009 & U2021-0005 OCTOBER 6, 2021

SUNSET RECYCLING CONDITIONAL USE PERMIT

35. Municipal Code. Discharge into the City's sewer system shall comply with municipal code discharge restrictions and requirements (S.M.M.C. Section 8-12).

36. Additional Sewer Service. If additional plumbing fixtures are to be served by an existing lateral, the lateral size shall be evaluated by the developer's engineer to determine if it is adequate for the increased sewage. It the lateral is smaller than what is necessary, the developer shall be responsible to install an additional sewer lateral per City and California State Health Agency standards.

37. Wastewater Discharge Permit. Prior to building permit issuance, the developer shall obtain a Wastewater Discharge Permit from the City. Contact the Utilities Department at (805) 925-0951, ext. 7270 for the permit application.

38. Sewer Pipe Abandonment. Any existing sewer services not to be utilized by this development shall be abandoned by the developer at the property line per City requirements.

39. New Sewer Lines. All sewer pipes crossing or parallel to public water facilities shall be constructed according to the requirements of the State Water Resources Control Board Division of Drinking Water.

40. New Sewer Lateral. All sewer laterals shall be constructed in compliance with City Standard Drawing SS -14B. Sewer laterals shall be privately maintained infrastructure and connect to City infrastructure with a wye connection.

SOLID WASTE CONDITIONS

41. Additional Commercial Solid Waste Facilities Service. Additional solid waste service shall be required to accommodate the project. The Solid Waste Division shall require a fee payment prior to scheduling of the service.

42. Modification of Conditions. The Director of Public Works, Planning Commission, and Council reserve the right to modify these conditions if they deem it necessary to ensure compliance of the project with Chapter 8-6 of the S.M.M.C.

Recreation & Parks Department

43. Development Fees. Per the Municipal Code, several Recreation and Parks Development Fees may apply to this project. The Commercial Growth Mitigation is $0.01 /square foot. Fees are reviewed annually and are subject to change.

44. Landscape District. This project will be included in the Southwest Landscape Maintenance District. The signed and notarized "Petition Requesting Annexation" form is due at time of building permit issuance. It can be returned to the Recreation and Parks Department, 615 S. McClelland, Santa Maria, CA 93454.

PD2021-0009 & U2021-0005 OCTOBER 6, 2021

SUNSET RECYCLING CONDITIONAL USE PERMIT

NOTES:

PD2021-0009 & U2021-0005 OCTOBER 6, 2021

SUNSET RECYCLING CONDITIONAL USE PERMIT

SANTA MARIA SHOPPING CENTER

SUNSET RECYCLING CENTER
1465 S. BROADWAY
SANTA MARIA, CA 93454

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CITY OF SANTA MARIA

PLANNING COMMISSION STAFF REPORT
February 16, 2022
2 SUNSET RECYCLING CENTER PLANNED DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT AT 1465 SOUTH BROADWAY
Review of a Planned Development Permit (PD2021-0009) and Conditional Use Permit (U2021-0005) for Sunset Recycling to establish a buyback recycling facility for California Redemption Value (CRV) beverage containers on a 19.62 -acre site in a PD/C-1 (Planned Development/Central Business) district of the Entrada Este Specific Plan.

RECOMMENDATION
That the Planning Commission, by motion, approve the Planned Development Permit and Conditional Use Permit.

BACKGROUND
The applicant, Sunset Recycling Corp., proposes to establish a new buyback recycling facility (facility) for CRV beverage containers in the existing Santa Maria Shopping Center parking lot located at 1465 South Broadway (Exhibit A — Vicinity Map). The facility would be used for the collection, purchase, weighing, and temporary storage (within approved containers) of recyclable materials. The shopping center property is in the PD/C-1 (Planned Development/Central Business) zone district. The shopping center site is surrounded to the east, south and north by commercial uses. The zoning to the east and south is PD/C-1 and the zoning to north is PD/C-2 (General Commercial). To the west is residential development in an R-1 (Single Family Residential) district.

Previous Planning Commission Hearings
This project was reviewed by the Planning Commission at public hearings held on October 6 and December 15, 2021. During the October 6, 2021, public hearing, the Planning Commission raised concerns regarding the proximity of the facility to the shopping center's South Broadway entry and exit driveways and the potential for this location to negatively influence or impede vehicular circulation in the shopping center.

Additionally, the Commission cited the lack of screening provided at the rear of the metal storage containers and the potential negative aesthetic impact the facility would pose to views from Broadway to the south. The Planning Commission moved to continue the item to a date uncertain with direction to the applicant to relocate the facility within the shopping center further away from the Broadway driveway, and to reorient the kiosk to face Broadway.

At the December 15, 2021, hearing, the applicant requested that the item be continued to a future hearing date to allow for additional time to review other options for the location of the facility within the shopping center and seek the necessary approvals from the

ATTACHMENT E

property owner if another location was pursued. The staff reports from the October 6, 2021, and December 15, 2021, Planning Commission hearings are attached. A discussion of the revisions to the project that have been made following the October 6, 2021, and the December 15, 2021, Planning Commission hearings is included below.

DISCUSSION
Revised Project Location
The original location of the facility presented at the October 6, 2021, Planning Commission hearing was within the Foods Co. parking lot, west of the stop sign that controls vehicle merging from the site onto South Broadway. The first revision to the location would have been within the same Foods Co. parking lot aisle but shifted 20 feet west from the Broadway driveway away from the stop sign. The applicant requested a continuance prior to the December 15, 2021, Planning Commission hearing to have more time to coordinate with the property owner to ensure that no other alternate locations for the facility within the shopping center were being overlooked that would more adequately address the concerns raised by the Planning Commission.

The alternate locations considered included the area to the south adjacent to the existing gas station, parking stalls closer to Foods Co., and behind the Foods Co. building. The gas station area is not feasible because it experiences a higher frequency of vehicle circulation as compared to the shopping center parking lot itself and must maintain adequate space for fueling trucks to maneuver through the site. Due to the proximity between the two uses, locating the facility any closer to the middle of the Foods Co. parking lot, or further west closer to the entrance of Foods Co., would result in conflicts between grocery store customers parking and navigating through the area and customers dropping off recyclables. The rear area of the Foods Co. building was also determined to not be feasible as this area could lead to nuisances and unsafe conditions for employees and customers since this area lacks visibility from any public right-of-way. Trucks make deliveries to Foods Co. at the rear of the site and require adequate maneuvering space which would be impeded by the facility.

Ultimately, the applicant has proposed to relocate the proposed recycling facility further toward the middle of the shopping center. The proposed location is set -back approximately 30 feet from the center's north -south drive aisle which leads to the South Broadway driveways and is set back 60 feet from the driveways accessing South Broadway. These separations provide adequate space for vehicles to safely turn into the site from Broadway, navigate into the parking aisles, and safely park their vehicles. The updated site plan would not obstruct drive aisles or driveways because adequate space is provided for parking and delivering recyclable materials to the facility from the parking stalls located adjacent to the proposed facility. In addition, the project's conditions of approval in the permit (Condition No. 7) require that the operator of the facility ensure that the drive aisles are not blocked by waiting customers and that customers be directed to adjacent parking spaces to unload recyclables. The applicant and property owner have coordinated closely in reviewing the potential revised locations and have agreed on the new location for the facility. The proposed location is shown in detail in the enclosed plan set.

PD2021-0009 & U2021-0005 PLANNING COMMISSION STAFF REPORT SUNSET RECYCLING FEBRUARY 16, 2022

AestheticsNisib ility
In response to the Commission's concerns regarding the aesthetics/visibility of the facility from South Broadway, the facility has been reoriented so that the public kiosk component faces South Broadway with the metal storage containers facing the interior of the site.

Access to the metal storage containers must remain unobstructed for replacement, once full, by roll -off trucks. By rotating the facility, the public kiosk now faces South Broadway, and the metal storage containers are only visible from the interior of the shopping center.

The project's conditions of approval in the permit (Condition No. 3) require the storage bins to be completely enclosed and screened from view. Under no circumstances will materials be stored outside of the storage bins or in locations that will block drive aisles.

Prepared by
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CODY GRAYBEHL
Associate Planner
Approved by
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DANA EADY
Planning Division Manager
Enclosures:

Exhibit A - Vicinity Map
Permit
Plan Set
October 6"' & December 15, 2021, Planning Commission Staff Reports ,.PD2021-0009 & U2021-0005 PLANNING COMMISSION STAFF REPORT SUNSET RECYCLING FEBRUARY 16, 2022
-3-

CITY OF SANTA MARIA

PLANNED DEVELOPMENT PERMIT
& CONDITIONAL USE PERMIT
PLANNING DIVISION • 110 SOUTH PINE STREET ROOM 101 • SANTA MARIA, CA 93458 • 805.925.0951 X 2244 PERMIT NO. PD2021-0009 & U2021-0005
APPROVAL DATE February 16, 2022
PROJECT NAME Sunset Recvclinq
APPLICANT/OWNER Artashes Balyan/Santa Maria Shopping Center ADDRESS/LOCATION 1465 South Broadway
DESCRIPTION Review of a Planned Development Permit (PD2021-0009) & Conditional Use Permit (U2021-0005) for Sunset Recvclinq to establish a buyback recycling facility for California Redemption Value (CRV) beverage containers on a 19.62 -acre site in a PD/C-1 (Planned Development/ Central Business) district of the Entrada Este Specific Plan.

Additionally, the project meets the development standards listed in the PD/C-1 section of the Municipal Code;

SUNSET RECYCLING CONDITIONAL USE PERMIT

CONDITIONS OF APPROVAL
The project is approved subject to the following Conditions of Approval:

Community Development Department

1. Project Description. The permittee shall comply with the project description, plan set entitled Santa Maria Shopping Center Sunset Recycling Facility consisting of two pages dated January 18, 2022, and Conditions of Approval of this permit. Any changes from the project description, Plan Set, or conditions shall require a permit amendment. Contact the Planning Division prior to changing anything described on the Plan Set or in the project description.

4. Shopping Carts. The applicant shall be responsible for returning shopping carts to their off -site location of origin, daily.

SUNSET RECYCLING CONDITIONAL USE PERMIT
-3-

days per week. Modification of days and hours shall be subject to Planning Division review and approval.

6. On Site Employee. An attendant shall be present at all times the facility is in operation.

Customer/Container Queuing. The operator of the facility shall ensure that the drive aisles are not blocked by waiting customers or customers unloading recyclable materials, directing customers to the short-term parking as necessary

8. Signage. Signs shall be posted at the site stating, "No Overnight Camping in the Parking Lot", "Recyclables only accepted during business hours" and "No Dumping" in both English and Spanish language text.

Dead or dying plant material shall be replaced within one month of plant deterioration. The site shall be power washed twice a month.

Failure to comply with this condition is a public nuisance and is subject to the adopted Citation Ordinance of the City of Santa Maria.

13. Business License. A City business license is required.

14. Performance Standards. The requirements of the City's performance standards with respect to odor, noise, smoke, vibration and discharge of liquid and solid waste shall be maintained.

15. Agency Requirements. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project.

PD2021-0009 & U2021-0005 FEBRUARY 16, 2022

SUNSET RECYCLING CONDITIONAL USE PERMIT
-4-

16. State Act Compliance. The applicant shall comply with the California Beverage Container Recycling and Litter Reduction Act (Govt Code Section 14500 et seq.).

17. Construction Documents. A copy of these conditions shall be incorporated into all construction documents.

Public Works Department

ENGINEERING CONDITIONS

19. Building Plans. At time of building plan submittal, the developer shall identify the following items on the site or utility plan for the subject project:

PD2021-0009 & U2021-0005 FEBRUARY 16, 2022

SUNSET RECYCLING CONDITIONAL USE PERMIT
-5-

15.01 through 8-15.15 and 8-15.20).

STREET AND FRONTAGE CONDITIONS

21. Frontage Repair. The developer shall repair any cracked or broken curb, gutter, sidewalk, or alley within the project frontage and shall bring the pavement along the property frontage up to current City Standards as verified by an R -value test and pavement design approved by the City Engineer. City Streets and Facilities staff will determine the extent of the sidewalk, curb and gutter repair in the field prior to construction. Contact the Public Works Streets and Facilities Division at (805) 925-0951, ext. 2229. (S.M.M.C. Section 12-28.03)

23. Sidewalk ADA Compliance. The developer shall remove and replace any sidewalk within the project frontage that does not meet ADA cross -slope requirements.

24. Intersections. Sight distance requirements shall be maintained at the intersection of any street, alley, or driveway improved for vehicular traffic per S.M.M.C.

Sections 12-27.02 and 12-27.03.

25. Caltrans Encroachment Permit. The developer shall obtain an encroachment permit before performing work within State Highway 135 right-of-way.

Encroachment permits are issued by California Department of Transportation (Caltrans) at the San Luis Obispo permit office. A note to this effect shall appear on the plans during building plan check.

PD2021-0009 & U2021-0005 FEBRUARY 16, 2022

SUNSET RECYCLING CONDITIONAL USE PERMIT
-6-

WATER CONDITIONS

32. Water Pipe Abandonment. Any existing water services not to be used by this development shall be abandoned by the developer at the mainline per City requirements.

WASTEWATER CONDITIONS

PD2021-0009 & U2021-0005 FEBRUARY 16, 2022

SUNSET RECYCLING CONDITIONAL USE PERMIT
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Cody Graybehl
From:

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Flag Status:

Rosales, Vanessa E
Monday, March 7, 2022 11:19 AM
Alice Patino; Gloria Soto; Etta Waterfield; Carlos Escobedo; Mike Cordero Samvelian, Sona; Cody Graybehl; Ramirez, Antonio; Banuelos, Fidel Foods Co. Santa Maria - Recycling Center Needs
Follow up
Completed
*** EXTERNAL EMAIL: Please use caution when opening links or attachments.*** Honorable Mayor Patino and Distinguished Members of the Santa Maria City Council, Foods Co. has been working with Sunset Recycle over the course of the last several months to add a recycling center to our premises, this not only to be compliant with recycling laws within the State of California but also to provide a vital service to the residents of Santa Maria. As this property is leased, it requires landlord approval for this type of use in the common area.

Foods Co. with the help of Sunset Recycle and your city planning department has evaluated 4 alternative locations within the shopping center taking into consideration concerns of safety, traffic control, accessibility, and aesthetics. We feel that the latest revised location, which has been approved by the landlord provides 30' of separation from the N/S drive aisle and has been moved one parking row over to the north. The additional separation provides adequate space for customers to completely navigate from the drive aisle into the parking isle without having to stop or obstructed the flow of vehicles prior to unloading materials. The orientation of the containers has also been switched so that the rear of the metal storage containers now face the interior of the drive aisle. The revised design improves the aesthetics of the facility as the unscreened rear of the metal storage container is no longer visible from Broadway.

Each time a change is made, Foods Co. is required to go back to the landlord and provide a new alternative that will not interfere with our operation or impact on the other tenants. We ask that you please consider approving the latest rendering so that we can provide a required state service to the community of Santa Maria. The lack of recycling centers in the area not only impacts our compliance with the state but it also affects several other retailers in the area that must also be in compliance.

I welcome the opportunity to discuss this in further detail with the Foods Co. team, Sunset Recycle and city council via a Zoom meeting. Please let know if you need any additional information to help make this decision.

Regards,
Vanessa E. Rosales
Vanessa E. Rosales 1 Director, Corporate Affairs
Food 4 Less & Foods Co. 1 The Kroger Co.

Office: 310 884-4813
C
1 ATTACHMENT F

tve
To the City of Santa Maria Planning Commission
As the owner operator of Sunset Recycling, I request a reconsideration of previous decision on denying my project.

We have come a very long way and cooperated in every way possible with each request that was made by planning commission. Facility was respectfully flipped and re- adjusted upon request at the first public hearing, and we have moved Recycling Center 4 parking stalls down to avoid any traffic/circulation related issues. In addition, we never impede on drive isles or traffic. With safety being our highest priority, we operate in our lanes only and control our area and keep it safe as possible.

Currently there are no Recycling opportunities for patrons in the City of Santa Maria, which forces residents to litter on the public streets or trash them, which in turn ends up in our landfills, oceans and slowly deteriorates and destroys our planet. Not only it destroys our planet, the new life of the bottle or for new construction it could have been used for goes to waste. Patrons are also driving long distances to find places to recycle, which should not be the case (that only directs them to other Cities and they receive the Business instead of the City of Santa Maria). Per Calrecycle, (State of California) each jurisdiction needs easily accessible Recycling opportunities. Santa Maria is extremely underserved and is required by State mandate to offer these services or else supermarkets and Beverage dealers have to pay hefty fines every month to the State of California.

Furthermore, after reading John's opposition against my operation, I noticed that he is not even in the same shopping center and he does not know best or better than me (as I am the actual operator and know how to run my operations or where my operations should be located). In addition, my operations will not be of a detriment to him or his Shopping center. This Facility will actually benefit his many tenants as well, because he does have market/beverage dealers at his center.

I will like to mention we are not causing any adverse effect to other tenants/businesses, neither are we a public nuisance which in turn needs to be looked at. We also don't have any objections or oppositions from anyone inside of our Shopping Center, which proves that the Shopping center will also further benefit from the Recycling Center, because the cash they receive from Recycling they will use inside the many different stores at the center. This Recycling Center will also alleviate about 10 stores in total to becoming complaint with State of California Mandate of Recycling requirement for beverage dealers and Grocers. The Recycling Center will only affect the many different retailers positively, because we are centrally located and in close proximity of other Grocers and Beverage dealers.

Since Planning department was forced to include and provide resolution of denial which was once a resolution of approval. I am seeing many negative non-existent adverse effects verbiage that is being added onto my project that does not make any sense.

However, I would like to remind City staff that I once met and still meet all developmental code requirements per Santa Maria Municipal code.

I understand the need and feel that we need to choose a better location, but there is never really a perfect location for any type of operation. I can promise one thing, that as the owner operator of Sunset Recycling with over 30 years of experience in this industry, we operate in high regards from City and State officials. I will make sure I do as promise and deliver everything I mentioned. I have come to prove with my extensive knowledge throughout California, that our selected locations work best, considering the fact I have statistical proof of said operations and experience. I would at no time propose something that I know I can not commit to or deliver.

This is not a "at risk" type of operation. This is a type of business the world needs more of, to sustain our current life for the next generations to come. We have to always remember to Reduce, Re -use and Recycle.

It is very important to understand that we operate very similarly, and in much more heavily congested and busier centers. The location we are proposing now is always empty and away from everything. We have never had any issues with current operations that have been approved from our many other locations in California.

All I am asking for is an opportunity, and to believe in me that this location is in fact a much better location to operate. We will happily serve your community and satisfy conditions of approval, and finally provide a recycling service for your residents that everyone in the City of Santa Maria has been desperately waiting for.

Sincerely,
Artashes Balyan
President of Sunset Recycling

Mr. Graybehl
Associate Planner
110 S. Pine Street
Santa Maria, Ca 93458
(805)-925-0951 X 2552
[email protected]
RE: PERMIT HPD2021-0009 & U2021-005
I am John Lopez acting manager of the properties in the Stowell Center owned by Mr. Kent Allen. I am also a SO year resident of Santa Maria and the former owner of the Red Wing Shoe Store.

I am writing, not only representing a Stowell Center property owner, but also as a concerned citizen.

We write in oppositions to the proposed permit Number PD2021-0009 & U2021-0005.We do feel that a redemption center is needed in Santa Maria but not as proposed. We believe that the property in front of Pennies would be a much better location, much less traffic, more parking, better access and best of all much better visibility to the public.

We give the following reasons for our objection to the permit

1. We feel that removing 6 to 8 parking spaces from general use in front of the largest Merchant in the center is not good planning, The Foods Co. store uses more parking spaces than any other merchant in the center.

2. The gas station connected to Foods Co also draws a very large volume of traffic, sometimes backing up into the traffic lanes in that same area.

3. The most heavily used access and exit to that shopping center , off South Broadway, will also be directly impacted by adding another, potently, high traffic draw to that access point.

4. Truck traffic needed to service this reclamation center will also create a problem as proven by the trucks delivering gas to the present gas station. The center was not designed to cope with large truck moving containers in and out in the narrow traffic lanes.

5. There is also a concern for Fly and Mosquitos in proximity to a grocery store and several restaurants in the area. This coming from the spillage of liquids in the cans and bottles.

6. We do not see how one person can operate this type of operation. Receiving, sorting, weighing and paying customers. Directing waiting drivers to parking to keep traffic moving around the center. Keeping the location clean and washing up potential spills ETC.

7. Who will be watching for after hour dumping, after 4PM closing time.

8. We believe that the property in front of Pennies would be a much better location, much less traffic, more parking, better access and best of all much better visibility to the public.

Respectfully submitted

JOHN LOPEZ

))

CITY OF SANTA MARIA

PLANNING COMMISSION STAFF REPORT
March 16, 2022
2 SUNSET RECYCLING CENTER PLANNED DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT AT 1465 SOUTH BROADWAY
Review of a Planned Development Permit (PD2021-0009) and Conditional Use Permit (U2021-0005) for Sunset Recycling to establish a buyback recycling facility for California Redemption Value (CRV) beverage containers on a 19.62 -acre site in a PD/C-1 (Planned Development/Central Business) district of the Entrada Este Specific Plan.

RECOMMENDATION
That the Planning Commission, by resolution, deny the Planned Development Permit and Conditional Use Permit.

BACKGROUND
The applicant, Sunset Recycling Corp., proposes to establish a new buyback recycling facility (facility) for CRV beverage containers in the existing Santa Maria Shopping Center parking lot located at 1465 South Broadway (Exhibit A — Vicinity Map). The shopping center property is in the PD/C-1 (Planned Development/Central Business) zone district.

The project site is surrounded to the east, south and north by commercial uses. The zoning to the east and south is PD/C-1 and the zoning to north is PD/C-2 (General Commercial). To the west is a single-family residential development in an R-1 (Single Family Residential) district.

Previous Planning Commission Hearings
This project was reviewed by the Planning Commission at public hearings held on October 6, 2021, December 15, 2021, and February 16, 2022. During the public hearings, the Planning Commission raised concerns regarding the proximity of the facility to the shopping center's South Broadway entry and exit driveways, nearest to the intersection of West Enos Drive, and the potential for this location to impede vehicular circulation in the shopping center. Additionally, the Commission cited concerns about the lack of screening provided at the rear of the metal storage containers and the potential negative aesthetic impact the facility would pose at this commercial corridor to views from Broadway to the south. The Planning Commission moved to deny the project and continue the item to March 16, 2022, with direction to Planning staff to return with a resolution for denial. The staff reports from the October 6, 2021, December 15, 2021, and February 16, 2022 Planning Commission hearings are enclosed.

ATTACHMENT G

DISCUSSION
Based on the direction of the Planning Commission at the February 16, 2022, hearing, staff prepared findings to deny the Planned Development Permit (PD2021-0009) and Conditional Use Permit (U2021-0005). The findings for denial are based on the circumstances of this particular case being detrimental to the health, safety, and welfare of persons residing or working in the neighborhood, being detrimental to the public welfare and being inconsistent with the character of the shopping center and contrary to its orderly development.

The findings state that the project would increase on -site traffic congestion from the project that would adversely affect the existing shopping center. This would occur from area traffic being potentially obstructed because of the proximity of the proposed project to the busy South Broadway ingress/egress driveway. The inability to screen the facility from South Broadway would result in a project that is inconsistent with the character of the shopping center and contrary to its orderly development. The applicant and property owner considered all other feasible locations at the project site and were not able to locate a viable alternative. The resolution with findings for denial of this project is included with this staff report.

Environmental
The California Environmental Quality Act (CEQA) does not apply to projects which a public agency rejects or disapproves in accordance with section 15270 of the CEQA guidelines. No further environmental review is required.

Prepared by

CODY GRAYBEHL
Associate Planner
Approved by

DANA EADY
Planning Division Manager
Enclosures:

Exhibit A - Vicinity Map
Plan Set
Planning Commission Staff Reports (10/6/21, 12/15/21, 2116/22) PD2021-0009 & U2021-0005 PLANNING COMMISSION STAFF REPORT SUNSET RECYCLING MARCH 16, 2022
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RESOLUTION NO. 2807

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SANTA MARIA, CALIFORNIA, TO DENY PLANNED DEVELOPMENT
PERMIT (PD2021-0009) AND CONDITIONAL USE PERMIT (U2021 - 0005) FOR SUNSET RECYCLING TO ESTABLISH A BUYBACK

RECYCLING FACILITY FOR CALIFORNIA REDEMPTION VALUE
(CRV) BEVERAGE CONTAINERS ON A 19.62 -ACRE SITE IN A PD/C-1 (PLANNED DEVELOPMENT/CENTRAL BUSINESS) DISTRICT OF THE

ENTRADA ESTE SPECIFIC PLAN
WHEREAS, the applicant, Sunset Recycling Corp., applied for a Planned Development Permit and Conditional Use Permit to establish a buyback recycling facility for Califomia Redemption Value (CRV) beverage containers on a 19.62 -acre site in a PD/C-1 (Planned Development/Central Business) district of the Entrada Este Specific Plan.; and
WHEREAS, the Planning Commission of the City of Santa Maria held regular, duly noticed, public meetings on October6, 2021, December 15, 2021 and February 16, 2022 and heard and considered all evidence including evidence presented in the staff report and all written and oral testimony; and
WHEREAS, the Planning Commission of the City of Santa Maria voted 3-2 to deny the project and continue the item to the March 16, 2022 Planning Commission meeting with direction to the Planning staff to retum with a resolution of denial for the project; and WHEREAS, the Planning Commission of the City of Santa Maria held a regular, duly noticed, public meeting on March 16, 2022, and heard and considered all evidence, including evidence presented in the staff report and all written and oral testimony; and WHEREAS, the Califomia Environmental Quality Act (CEQA) does not apply to projects which a public agency rejects or disapproves in accordance with section 15270 of the CEQA guidelines, and no further environmental review is required.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Santa Maria, California as follows:

1. The above recitals are true and correct and incorporated herein.

2. The site for the proposed use is not adequate in size to accommodate the use and parking is not adequate to properly adapt such use with the land and uses in the vicinity because the facility will impede vehicular circulation and create traffic congestion. The location of the proposed recycling facility is within the parking lot of a busy shopping center and approximately 60 feet from the shopping center's main lanes leading to entrance/exit driveways from South Broadway. This location has the potential to impede vehicular circulation patterns within the shopping center due to idling vehicles visiting the recycling center, blocking drive isles, or occupying

ATTACHMENT H

parking spaces that are intended to be provided for customers visiting other businesses within the center. Also, the two metal storage containers and landscape planters for the recyclables will occupy seven parking spaces in addition to the one parking space set aside for customers of the recycling facility. Further, the site is inadequate to accommodate the 8' x 21' metal storage containers, which will need to be replaced as needed (once full) by roll off trucks, which will cause additional disruption to and conflicts with the traffic patterns within the shopping center.

3. The proposed use will have adverse effects upon abutting property because the use will impede vehicular circulation patterns within the shopping center as discussed in item #2 above. In addition, the proximity of the proposed facility to t'irdr uei ii rivewdys uu rr S ii Bnii adway wiii grave adverse -effects- upon abutting property because the proposed use could create traffic congestion to vehicles traveling on South Broadway and potentially cause traffic collisions or impediments to vehicles entering and exiting the shopping center due to an inadequate vehicular queuing area and the potential to block parking aisles within the center.

4. The establishment, maintenance and/or conducting of the use for which the planned development review is sought will, under the circumstances of the particular case, be detrimental to the health, safety, morals or welfare of persons residing or working in the neighborhood of such use and will, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood and shall be inconsistent with the character of the neighborhood and contrary to its orderly development because the use would result in vehicular circulation patterns discussed in item #2 above that are detrimental to the health, safety or welfare of persons residing or working in the neighborhood and injurious to property or improvements in the neighborhood.

In addition, the proposed recycling facility would create a negative aesthetic that is inconsistent with the character of the shopping center and contrary to this commercial corridor's orderly development. The use is proposed to be located within the parking lot of the shopping center, approximately 100 feet from South Broadway. This location is highly visible from the public roadway and from adjacent properties. As a result, the project's daily operations, including unsightly large metal storage containers and large quantities of recyclable materials, would be visible to visitors of the shopping center and travelers on South Broadway. The project includes the installation of 14 purple hopseed bushes along the north and south sides of the facility. However, the east and west sides of the facility, where materials would be dropped off and stored, would not be screened from view. The inability to adequately screen the facility and its associated operations from South Broadway and adjacent properties results in a development that is inconsistent with the character of the shopping center. This coupled with the impediment to vehicular circulation both on the project site and South Broadway are contrary to the neighborhood's orderly development.
2 5. That the Planned Development Permit (PD2021-0009) and Conditional Use Permit (U2021-0005) are hereby denied.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Santa Maria held on March 16, 2022, by the following roll call vote:

AYES: Commissioners Tom Lopez, Esau Blanco and Chair Robert Dickerson
NOES: Commissioner Tim Seifert
ABSENT: Commissioner Maribel Hernandez
ABSTAINED: None
ATTEST:

DANA EADY, ASS�SECRETARY
Planning Commission
3 RO ERT DICKERSON, CHAIRMAN
Planning Commission

OFECIAL USE Ot3Y
City of Santa Maria
Appeal to City Council
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Application to operate a small oollecfons facgity BUYBACK center. California empty beverage containers CRV)
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Date of Action
03/17/22
Proton trsata3
1465 5 Broadway, Santa Maria, CA 93454
N.:704 phial -Ow
Recye[lric Center for CRV empty Beverage Containers
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neve come a very long way and complied with all revisions and request from City Planning commission but still got denied a very Important operation in the City of Santa Maria. This dental will deprive the many residents yet again along with our Grocer Part=iers in the City of Santa Maria, Please do the right thing and approve this long awaited Recycling Facility. We moot an developmental requirement tram the Cities municipal coda
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ATTACHMENT I

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, TO DENY THE APPEAL AND AFFIRM THE

DECISION MADE BY THE PLANNING COMMISSION TO DENY A
PLANNED DEVELOPMENT PERMIT (PD2021-0009) AND
CONDITIONAL USE PERMIT (U2021-0005) FOR SUNSET RECYCLING CORP. TO ESTABLISH A BUYBACK RECYCLING FACILITY ON THE

PARKING LOT OF THE SANTA MARIA SHOPPING CENTER
LOCATED AT 1465 SOUTH BROADWAY
WHEREAS, the applicant, Sunset Recycling Corp., applied for PD2021-0009 and a U2021-0005 to establish a buyback recycling facility for California Redemption Value (CRV) beverage containers on a 19.62 -acre site in a PD/C-1 district of the Entrada Este Specific Plan.; and
WHEREAS, the Planning Commission of the City of Santa Maria held a duly noticed public hearing on October 6, 2021, for the purpose of receiving evidence and considering PD2021-0009 and U2021-0005 and continued the hearing to provide the applicant time to revise the proposal to address the Planning Commission's concerns regarding the project's potential to negatively influence or impede vehicular circulation, and to reduce the adverse visual impacts of the project; and WHEREAS, the Planning Commission of the City of Santa Maria held a duly noticed public hearing on February 16, 2022, for the purpose of receiving additional evidence and considering PD2021-0009 and U2021-0005, heard and considered all evidence including the revised site and landscape plans provided by the applicant, evidence in the staff report and all written and oral testimony; and WHEREAS, the Planning Commission determined that the proposed re -location and re -orientation of the facility from the earlier proposal of October 6, 2021, did not sufficiently address the project's potential impacts upon aesthetics and vehicle circulation, and voted by motion (3-2 vote) that staff retum at a future meeting with a Resolution and findings to deny PD2021-0009 and U2021-0005; and
WHEREAS, the Planning Commission of the City of Santa Maria held a duly noticed public hearing on March 16, 2022, for the purpose of receiving evidence and considering PD2021-0009 and U2021-0005, where the Planning Commission by motion denied said permits on a 3-1-0-1 vote; and
WHEREAS, Sunset Recycling Corp. filed an appeal of the Planning Commission denial of the Sunset Recycling Project application PD2021-0009 and U2021-0005 on March 23, 2022; and
WHEREAS, the City Council of the City of Santa Maria held a regularly scheduled public hearing on July 19, 2022, for the purpose of considering the appeal of the Planning Commission denial of PD2021-0009 and U2021-0005; and

WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and
WHEREAS, at the public hearing, the City Council heard and considered all evidence, including evidence presented orally, in writing and in the staff report; and WHEREAS, the City Council does not find error in the Planning Commission's findings for denial of the Conditional Use Permit and Planned Development Permit. The City Council finds as follows:
1) Section 12-12.04 of the Municipal Code grants discretion to deny uses that appear incompatible with adjoining land uses.
2) The site for the proposed use is not adequate in size to accommodate the use and parking is not adequate to properly adapt such use with the land and uses in the vicinity because the facility will impede vehicular circulation and create traffic congestion. The location of the proposed recycling facility is within the parking lot of a busy shopping center and approximately 60 feet from the shopping center's main drive aisles leading to entrance/exit driveways from South Broadway. This location has the potential to impede vehicular circulation pattems within the shopping center due to idling vehicles visiting the recycling center, blocking drive aisles, or occupying parking spaces that are intended to be provided for customers visiting other businesses within the center. Also, the two metal storage containers and landscape planters for the recyclables will occupy seven parking spaces in addition to the one parking space set aside for customers of the recycling facility. Further, the site is inadequate to accommodate the 8' x 21' metal storage containers, which will need to be replaced as needed (once full) by roll off trucks, which will cause additional disruption to and conflicts with the traffic patterns within the shopping center.
3) The proposed use will have adverse effects upon abutting property because the use will impede vehicular circulation patterns within the shopping center as discussed in item #2 above. In addition, the proximity of the proposed facility to entrance/exit driveways from South Broadway will have adverse effects upon abutting property because the proposed use could create traffic congestion to vehicles traveling on South Broadway and potentially cause traffic collisions or impediments to vehicles entering and exiting the shopping center due to an inadequate vehicular queuing area and the potential to block parking aisles within the center.
4) The establishment, maintenance, and/or conducting of the use for which the planned development review is sought will, under the circumstances of the particular case, be detrimental to the health, safety, morals or welfare of persons residing or working in the neighborhood of such use and will, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood and shall be inconsistent with the character of the neighborhood and contrary to its orderly 2 development because the use would result in vehicular circulation patterns discussed in item #2 above that are detrimental to the health, safety or welfare of persons residing or working in the neighborhood and injurious to property or improvements in the neighborhood.

In addition, the proposed recycling facility would create a negative aesthetic that is inconsistent with the character of the shopping center and contrary to this commercial corridor's orderly development. The use is proposed to be located within the parking lot of the shopping center, approximately 100 feet from South Broadway. This location is highly visible from the public roadway and from adjacent properties. As a result, the project's daily operations, including unsightly large metal storage containers and large quantities of recyclable materials, would be visible to visitors of the shopping center and travelers on South Broadway. The project includes the installation of 14 purple hopseed bushes along the north and south sides of the facility. However, the east and west sides of the facility, where materials would be dropped off and stored, would not be screened from view. The inability to adequately screen the facility and its associated operations from South Broadway and adjacent properties results in a development that is inconsistent with the character of the shopping center. This, coupled with the impediment to vehicular circulation both on the project site and South Broadway, is contrary to the neighborhood's orderly development.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Maria, California, that:

SECTION 1.

SECTION 2.

The above recitals are true and correct and incorporated herein by this reference.

The City Council denies the appeal and affirms the Planning Commission denial of Planned Development Permit PD2021-0009 and Conditional Use Permit U2021-0005; and
SECTION 3. The City Council adopts the findings contained in Planning Commission Resolution 2807, incorporated herein by reference. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 19th day of July 2022, by the following roll call vote.

AYES:

NOES:

ABSENT:

ABSTAINED:

Mayor
ATTEST:

Chief Deputy City Clerk
APPROV
City Attorney
APPROVED AS TO CONTENT:

By:

City Manager
4

Santa Maria City CouncilJuly 19, 2022

Santa Maria City Council
July 19, 2022