2024-06-04 City Council - Full Agenda-Chastain

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Staff Report to the Mayor and City Council Appeal of Modification of Zoning Entitlement - Ecology Recycling Services June 4, 2024 Page 5 The Planning Commission considered the various documents, presentations, and analysis provided by Ecology Recycling Services. However, the Commission felt that the 16-feet restriction should not be increased. The Commission members stated that increasing the heights was aesthetically unattractive, and unnecessary because piles of material are continuously being shredded or moved daily by train or truck. The Commission felt that the daily materials removal from the site should not be increased and to keep the materials storage height at 16-feet. The Appellant’s letter of appeal refers to the 2013 Planning Commission approval of the increase tons per day from 680 to 1,600 “without a commensurate increase in the pile height, which should have increased to at least 37-feet and 6-inches.” However, the request is to increase the pile height to 35-feet. Their letter of appeal provides visuals to further justify their reason for the appeal showing that the 35-feet pile height storage increase would not be visible from various angles along east “M” Street. Staff has also attached copies of information provided to the Commission as related to the applicant’s February 13, 2024 plans/exhibits presented to the Planning Commission to increase the height of all the storage of materials processed by the metal shredding and recycling use (Attachment 5). On May 7, 2024, the applicant requested a continuance of their appeal to address maximum pile height requirements from the Fire Code. The 2022 Fire Code Section 315.4.2 (Height) maximum height for outside storage is 20-feet and pursuant to Section 315.4 (Outside Storage) piles must also be at least 10-feet from property lines. The current pile height is permitted at 16 feet subject to original City Conditions of Approval for the metal shredding use, which complies with the above-mentioned Fire Code. If the City Council wishes to approve above 20-feet, then the Fire Code (FC Section 104.10, Alternative Materials, Design and Methods of Construction and Equipment) allows the Fire Department staff to consider alternatives pursuant to a standard Fire Code Plan Review submission that will contain the specific details as to materials stored, area located, and height proposed, subject to review and approval by the Fire Marshal or designee. While there is a current condition of approval that addresses compliance with all City codes, staff suggests an additional condition of approval that specifically addresses the material pile height situation at the metal shredding site (Pursuant to FC Section 315.4.2): “Combustible or noncombustible pile heights over 20-feet in height shall require a Fire Plan Check Review for compliance with the recently adopted Fire Codes, subject to review and approval by the Fire Marshal or designee.” If the City Council approves above 20-feet pile height, as outlined in FC 315.4.2, the applicant will need to submit plans of the location of each pile proposed to be 35 -feet in height. The Fire staff or designee will then be reviewing the specific materials proposed in each pile storage, storage location, storage area, engineering analysis (seismic areas of review), and other requirements as part of a Fire Plan Check review for compliance with applicable Fire Code(s). 1.1 Packet Pg. 12