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Appeal Application No. 2025-01 for Revocation of LUC No. 2003-03 – Money For Cans (2610 W. Edinger Avenue) April 14, 2025 Page 4 4 9 0 6 •1997 Ordinance (NS-2333): Amended SAMC 41-1253, introducing several key changes for small collection facilities. The amendments required that these facilities be located within a Convenience Zone, limited to one facility per zone, increased the minimum setback from street lines from 10 to 50 feet, eliminated the reverse vending machine exception for power-driven equipment, removed the 24- hour donation container allowance, and prohibited recycling facilities within 100 feet of residentially zoned or occupied property. •1997 Ordinance (NS-2340): Modified and updated off-street parking regulations in the Santa Ana Municipal Code (SAMC) included amending Section 41-1304, which governs parking lot maintenance and operation standards. This amendment added subsections (g), (h), and (i), with subsection (i) requiring that all parking areas be maintained in a safe, clean, and well-repaired condition. A subsequent amendment in 2000 did not alter the provisions of subsection (i). •2003 Ordinance (NS-2522): Incorporated the IPMC into SAMC Section 8-2000, ensuring ongoing updates with each new official publication date. This ordinance mandates compliance with evolving property maintenance standards to address safety concerns and technological advancements, requiring businesses to adhere to current regulations. Issue 2: The Appellant expresses the opinion that the PBA Director erroneously determined that Money for Cans constituted a nuisance, arguing that "only a paramount and compelling public necessity" could justify declaring a useful, nonconforming business a nuisance, citing Jones v. Los Angeles (1930), 211 Cal. 304. The Appellant also cites New Way Recycling Ctr., Inc. v. City of Pasadena (2003), 2003 Cal.App.Unpub. LEXIS 10094 (Not Officially Published), arguing that “allegations of littering, loitering, and odor are simply not enough to render a small collection facility a nuisance.” Response 2: Please see City Attorney’s Memo, attached as Exhibit 9. Further, the PBA Director's determination of nuisance goes beyond mere allegations of littering, loitering, and odor. Money for Cans' operations pose significant and ongoing threats to public health and safety, as evidenced by repeated violations of the SAMC and the IPMC: 1.Electrical Hazards: As documented in the May 16, October 1, and October 9, 2024, Compliance Inspection reports, the facility violated IPMC Section 605.1 & 605.4 (adopted by reference in SAMC Section 8-2000) due to the use of an unapproved electrical wire draped from a neighboring residential property to power equipment within the facility. The improper use of extension cords for electrical power is a violation of these sections and presents a clear and present danger of electrical shock and fire on the site and to the adjacent single-family residences. 2.Property Maintenance Deficiencies: Repeated inspections confirmed that the facility fails to meet the requirements of IPMC Section 302.1 & 302.3 (adopted by reference in SAMC Section 8-2000) and SAMC Section 41-1304(i). The