Item 37 - Zoning Ordinance Amendment (2021-01) – Light Processing (Recycling) Facilities

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jmf 6-15-21 Ordinance No. NS-XXX Page 4 of 9 pursuant to Article V, Division 3 of Chapter 41 of the SAMC. This administrative review process ensures consistency with adopted development standards and design guidelines, but (1) does not allow the City to evaluate each submitted application for consistency with surrounding properties and neighborhoods, as well as the General Plan, and to therefore recommend approval or denial of such applications subject to a discretionary review process, and (2) prevents the Planning Commission and City Council from imposing conditions of approval to ensure compatible and harmonious operations of such facilities with surrounding properties and neighborhoods. 2. Operations typical of Light Processing Facilities, which include preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing, are known to have detrimental effects on surrounding properties due to the noise, odor, vibration, vermin infestation, visual, and traffic impacts caused by inbound and outbound truck movements to and from such facilities. The absence of a Conditional Use Permit requirement for such facilities severely circumscribes the City’s ability, through its administrative review process, to impose conditions on such operations that would otherwise protect the health, welfare, and safety of residents and visitors to properties abutting or in the vicinity of Light Processing Facilities. O. Prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the enactment of this Ordinance. The absence of this Ordinance will create a serious threat to the orderly and effective implementation of any code amendments, General Plan amendments or specific plan amendments which may be adopted by the City. Light Processing Facilities permitted by-right may be in conflict with or frustrate other provisions of the SAMC intended to guarantee or preserve the public peace, health, or safety. Moreover, permitting such facilities without requiring a Conditional Use Permit would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. P. On May 4, 2021 the City Council unanimously adopted Urgency Ordinance No. NS-3004 amending sections 41-472 and 41-472.5 to the identical effect prescribed by this Ordinance, ZOA No. 2021-01. In accordance with California Government Code section 65858, Urgency Ordinance No. NS-3004 is an interim ordinance that remains effective for up to 45 days from the date of its adoption (subject to extension) to allow the Planning Commission further opportunity to study the matter. Q. On May 25, 2021 the Planning Commission held a duly noticed public hearing on ZOA No. 2021-01 and recommended by a vote of 6:0:1 (Calderon