1994 AGN MAY 03 I17 - Laserfiche WebLink

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CITY OF COLTON AGENDA REPORT (coNTirvuE�) FOR COUNCIL MEETING OF MAY 3, 1994 SUBJECT: An Appeal of Planning Commission's decision concerning File Index Number DCV-54-93 relating to Thermal Combustion Innovators, Inc. ANALYSIS: GENERAL PLAN CONSISTENCY The General Plan designation of the property is Light Industrial. The intent and purpose of this designation is to define the limits of future industrial activity within the established sections of Colton. Land uses under this designation include low-intensity uses which do not adversely affect surrounding residential land use. Although questionable, it is staff's opinion that the proposed medical waste incinerator will be subject to more restrictive requirements than from the South Coast Air Quality Management District and, thus, will reduce the current level of emissions. Therefore, it is staff's opinion that the proposed project is consistent with the intent of the General Plan. However, at their February 22,1 994 commission meeting, the Commission found that the proposed project was not consistent with the General Plan due to its incompatibility with its surroundings. ZONING CONSISTENCY The zoning classification of the property is M-1 (Light Industrial). Section 18.26.040 ("Conditional Uses") of the Zoning Ordinance requires a Conditional Use Permit due to the proposed project being compatible with other users permitted in the M-1 zone, but not specifically mentioned or easily identified as belonging to a use type. The proposed medical waste incinerator is not mentioned or identified as belonging to a use type permitted in the M-1 zone; therefore, the applicant was required to apply for a conditional use permit. The purpose of a conditional use permit is to allow certain uses, that contribute to the orderly growth and development of the City, to be properly integrated into the overall community pattern and zone in which it is located. In considering a Conditional Use Permit, certain conditions are affixed which, it may be determined, will tend to safeguard the public health, safety and general welfare in the zone. The applicant is also requesting a Major Variance under section 18.26.090 "Building Height", due to the main discharge stack being proposed to extend 10 feet higher than the maximum building height of 40 feet. Therefore, if the applicant's request for a conditional use permit and a major variance are approved by the Council, the proposed project will be consistent with the Zoning Ordinance; however, staff and the Planning Commission are of the opinion that the request for a Major Variance is not consistent with the guidelines of the Zoning Ordinance. Additionally, the Planning Commission, at their February 22, 1994 meeting, denied the applicant's request for a Conditional Use Permit, again citing incompatibility with the proposed project surroundings. Page 3 of 5 Item No.