Packet 4.14.25 - Laserfiche WebLink

Home Browse Search

Appeal Application No. 2025-01 for Revocation of LUC No. 2003-03 – Money For Cans (2610 W. Edinger Avenue) April 14, 2025 Page 3 4 9 0 6 Enforcement Division's Compliance Inspection reports, concluding that the small collection facility was operating in violation of applicable SAMC regulations and was inconsistent with the terms under which the LUC was originally granted. Consequently, on December 23, 2024, the PBA Director issued a letter revoking the LUC (Exhibit 7), reflecting the conclusion that: •The facility's operations fail to meet the required standards; •The facility’s operations are in breach of the conditions set forth in the original LUC; •The facility poses significant risks to public safety and environmental health due to hazardous electrical installations, unsanitary conditions, and operational non- compliance. On January 14, 2025, the Business Owner filed a timely appeal of the PBA Director’s decision. This filing occurred within the required 10 business days for appeals, as stipulated by relevant procedures, excluding City closures due to holidays and off Fridays. APPELLANT ISSUES AND PLANNING DIVISION RESPONSES The concerns raised in the appeal application are cited below and are followed by the Planning Division’s response: Issue 1: The Appellant argues that “…the [PBA] Director erroneously applied current Santa Ana Municipal Code to Money for Cans, not Santa Ana Municipal Code as it existed as of the time of the relevant Land Use Certificate’s issuance. This is contrary to California law.” He supports this claim by citing Jones v. Los Angeles (1930), 211 Cal. 304 and Trans- Oceanic Oil Corp. v. City of Santa Barbara (1948), 85 Cal.App.2d 776, which protect existing lawful uses and vested rights by emphasizing that existing uses should be evaluated based on the regulations in place when the permit was granted, not current regulations. Response 1: The Appellant's argument lacks merit. The relevant municipal code sections governing recycling facilities were adopted under Ordinance No. NS-1946 on January 19, 1988, and Ordinance No. NS-2333 on October 6, 1997, which predate the LUC application and issuance in 2003. The City has not changed its zoning ordinance regarding small collection facilities since 1997. Additionally, Ordinance No. NS-2340, which outlines parking lot maintenance requirements and was adopted on December 15, 1997. Finally, the facility is subject to the International Property Maintenance Code (IPMC), which the City first incorporated by reference under Ordinance No. NS-2522 on February 3, 2003, amending SAMC Section 8-2000 to automatically adopt and incorporate each new official IPMC publication into the SAMC. These ordinances (Exhibit 8) were all in effect at the time of the LUC application and issuance in April 2003. •1988 Ordinance (NS-1946): Established Article XIV, Recycling Facilities, including definitions, permit requirements, and standards (SAMC Section 41-1250 through 41- 1253). Key provisions included defining "Collection Facility," distinguishing between Small and Large Collection Facilities, and setting standards for Small Collection Facilities.