This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15301, Class 1: "Existing Facilities" of the California Environmental Quality Act Guidelines.

That the Planning Commission approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22-10 TO OPERATE A RECYCLING FACILITY AT 851 NORTH HARBOR BOULEVARD, AS PER THE APPROVED PLAN, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS.

In 1986, the California State Legislature adopted Assembly Bill (AB) 2020, the California Beverage Container Recycling and Litter Reduction Act, which is codified in Public Resources Code (PRC) Sections 14500-14599. This legislation requires the placement of at least one recycling facility, which is open at least 30 hours a week, including at least one weekend day, within each area designated as a convenience zone. PRC Section 14509.4a defines a convenience zone as "The area within a one-half mile radius of a supermarket"; Section 14526.5 defines a supermarket as a "full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items." Per PRC Section 14501, the intent of this legislation is to make redemption and recycling convenient to consumers, and it urges cities and counties, when exercising their zoning authority, to act favorably on the siting of multimaterial 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. 

The Applicant, Stater Brothers Markets, is requesting approval to operate a recycling facility within the parking lot of the existing shopping center. The property is located on the northwest corner of Whittier Boulevard and Harbor Boulevard (see Vicinity Map, attachment 1). The General Plan land use designation for the site is Corridor Mixed-Use Center 3.  The property is within C-2 Commercial Zone, which implements the property's General Plan land use designation.  The subject site is within it's own convenience zone and there are no other redemption operations within the half-mile radius.  The subject business is a state-certified redemption operator.

The subject site has supported various recycling operations starting in 1988.   At that time, the Planning Commission simultaneously approved conditional use permits for five operators in town, which was primarily a result of the passage of AB 2020.  The first recycler on the subject site utilized three igloo storage containers and an attendant kiosk, all of which occupied two parking spaces.

In 2000, the Planning Commission approved Conditional Use Permit 99-52 for a bigger recycling operation.  The new business utilized two roll-off containers and an attendant kiosk, all of which occupied five parking spaces.  A zone variance was approved for signage placed on the side of the container, not facing a street.

At this time, the recycler requesting approval will utilize the same equipment and lay-out as the operation approved in 2000.  However, this application is before the Planning Commission as there was a lapse in operation of over a year, which triggered the requirement for approval of a new conditional use permit.  Additionally, a zone variance is not necessary for this operator as the signage utilized for this facility meets zoning requirements.



The style of recycling facility is referred to as a redemption center. Patrons are paid for turning in plastic bottles and aluminum cans.  The facility consists of a 144 square foot cashier/service booth and two adjoining 176 square foot metal roll-off containers. The footprint of the facility occupies 512 square feet of parking lot space in the eastern portion of the parking lot, close to the southern-most drive approach along Harbor Boulevard.



The facility will operate daily from 8:00 a.m. to 5:00 p.m. and be serviced by one employee. Customers turning in recyclable materials will park their cars in the striped stalls adjacent to the facility.  The parking stalls are unmarked and open to anybody.  Once parked, the customers will unload their recyclables and place their items in wire baskets that are provided by the operator.  These wire baskets are stored in the open area in front of the attendant's kiosk.   Once filled, the baskets are then brought to the attendant at the service booth, where they are weighed, and then the customers are paid the redemption fee.  Once the roll-off containers are full, they are hauled off and replaced with an empty container, generally once per week.  The operation of this facility will be consistent with a previous facility that operated between 2000 and 2020.

ANALYSIS

The proposed project is before the Planning Commission pursuant to LHMC Section 18.06.040.A, which requires the approval of a Conditional Use Permit (CUP) for the recycling facilities in commercial or industrial zones. In addition, to the City's approval of a CUP, the PRC requires the recycling center to be certified by CalRecycle.  In order for the Planning Commission to grant the Conditional Use Permit for this request, the following findings must be met:
           
1. The granting of the Conditional Use Permit will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.

The recycling activities will take place in a facility consisting of a cashier booth and two containers placed within the parking lot of a shopping center.  The operation is located in an area facing Harbor Boulevard that will not interfere or cause disturbances to any residential area, which is across a four-lane highway approximately 200 feet to the west.  The facility will be required to comply with all Municipal Codes and Ordinances and in compliance with State and Federal laws. The proposed hours of operation for the recycling facility are also consistent with the hours of operation of the other businesses found within the center. A recycling/redemption center has been operating off and on at this location since 1988 without incident.

Therefore, the proposed reactivation of the recycling facility will not be detrimental, unreasonably interfere with the use, possession and or enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.

2. The subject site is physically suitable for the type of land use being proposed.

The proposed recycling facility complies with all applicable standards of the La Habra Municipal Code. The parking requirements for shopping centers with the recycling facility have been met.   Therefore, the site is physically suitable for the proposed land use.

3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions.

Table 18.06.040.A of the La Habra Municipal Code allows for the establishment of a recycling facility within the C-2 Commercial Zone with the approval of a Conditional Use Permit by the Planning Commission.

4. The granting of the Conditional Use Permit is consistent with the General Plan.

The project implements policies WR 1.1 Adequate Services and Waste Collection Facilities, WR 1.2 AB 939 and 50 Percent Diversion, WR 2.4 Sustainable Products, and WR 2.5 Recycling Collection Centers of the La Habra General Plan 2035.

Since the required findings can be made, it is recommended that the Planning Commission approve Conditional Use Permit 22-10 for a recycling facility at 851 North Harbor Boulevard, subject to the findings and conditions in the attached resolution.

CODE COMPLIANCE

The site complies with all the appropriate development standards.  However, staff has placed a condition of approval on the project that requires the property owner to refurbish the southwest corner of the property at the rear of the grocery store, which is visible from Whittier Boulevard.

HISTORY

This proposal has no impact on the City's General Fund.

The proposal has been reviewed pursuant to the requirements of the City’s National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP), and the Model Water Quality Management Plan (WQMP), Section 7.2.  Since no disturbance of soil will occur, this project is exempted by the Water Quality Ordinance from preparation of a Non-Priority Plan.

The project implements policies WR 1.1 Adequate Services and Waste Collection Facilities, WR 1.2 AB 939 and 50 Percent Diversion, WR 2.4 Sustainable Products, and WR 2.5 Recycling Collection Centers of the La Habra General Plan 2035.