Laserfiche WebLink
Staff Report to the Mayor and City Council <br />Appeal of Modification of Zoning Entitlement - Ecology Recycling Services <br />June 4, 2024 <br />Page 2 <br /> <br /> <br /> <br />height on 19.39-acre site located in the M-2 (Heavy Industrial) Zone. (City Council File Index <br />No. DAP24-0018) <br /> <br /> <br />BACKGROUND <br /> <br />At the request of the Planning Commission, staff has been reviewing Ecology Recycling / AIM <br />existing operations, building permit approvals, and compliance with past City approvals dating <br />back to September 19, 1986, because of complaints received by Planning Commission Members. <br />Staff made several presentations to the Planning Commission between July 25 to September 12, <br />2023, providing the Commission with a detail of the operations, conditions of approval, and <br />permit status. <br /> <br />The Chair and Commission members requested more information regarding the status of <br />compliance with previous approvals and code enforcement actions in order to respond to <br />questions from the public and to address any ongoing non-compliance issues. The specific <br />Zoning Code section that provides the authority for the Commission to review the zoning <br />entitlements is in Title 18 (Zoning Code), Section 18.58.060 (CUPs) which states the following: <br /> <br /> “The Planning Commission may periodically review any Conditional Use Permit or Minor <br />Conditional Use Permit to ensure that it is being operated in a manner consistent with <br />conditions of approval or in a manner which is not detrimental to the public health, safety or <br />welfare, or materially injurious to properties in the vicinity. If, after review, the Commission <br />deems that there is sufficient evidence to warrant a full examination, then a Public Hearing <br />date shall be set.” <br /> <br />On September 12, 2023, the Planning Commission held their last zoning entitlement review of <br />the existing metal shredding and recycling use at 785 East M Street. Concerns were heard from <br />both the Planning Commission and residents of the adjacent residential neighborhood. The main <br />concerns included: <br />• Hours of Operation from 5:00 a.m. to 5:00 p.m., Monday – Sunday, were the cause of <br />complaints. <br />• Complaints related to Noise and Vibration were voiced in the dropping of steel plates <br />when placed in rail cars at early hours of the day. <br />• Complaints about odors and more noise complaints taking place at 5:00 a.m. <br />• Complaints about pile heights not conforming with maximum 16-feet condition of <br />approval. <br />• Complaints about noncompliance with Water Resources Board and other agency <br />inspection requirements. <br />• Concerns that the project was not in compliance with previous Commission approvals. <br /> <br />1.1 <br />Packet Pg. 9