STAFF REPORT PLANNING COMMISSION. FILE NO.: CP Submitted: 9/20/2013

Transcription

1 STAFF REPORT PLANNING COMMISSION P.C. Agenda: Item No. 3.c. FILE NO.: CP Submitted: 9/20/2013 PROJECT DESCRIPTION: Conditional Use Permit to allow the operation of a hazardous waste storage and transfer facility on a 9.35 gross acre site. The facility will transport hazardous waste to final offsite disposal facilities. Existing Zoning HI Heavy Industrial General Plan Heavy Industrial Council District 7 Annexation Date 6/18/1954 Historic Resource No Specific Plan N/A LOCATION: Northeasterly corner of Stauffer Boulevard and Little Orchard Street (189 Stauffer Boulevard.) Aerial Map N

2 Page 2 of 5 GENERAL PLAN ZONING

3 Page 3 of 5 RECOMMENDATION Planning staff recommends that the Planning Commission approve the proposed Conditional Use Permit for the following reasons: 1. The subject Conditional Use Permit is consistent with the Envision San José 2040 General Plan and its goals and policies, specifically: a. The use is consistent with the site s Land Use/Transportation Diagram designation of Heavy Industrial in that industrial uses, such as hazardous materials storage and transfer facilities, are intended uses under this designation. 2. The project is consistent with the Heavy Industrial zoning for this site in that hazardous materials storage and transfer facilities are permitted within this zone with the issuance of a Conditional Use Permit. BACKGROUND On September 20, 2013, the applicant, Stericycle Specialty Waste, Inc. (Stericycle), filed a Conditional Use Permit application to allow the operation of a hazardous waste storage and transfer facility. The facility would be located within an existing industrial building, and would also include storage and transfer operations within an existing enclosed outdoor yard adjacent to the building. Stericyle currently operates a similar facility in south San José, at 21 Great Oaks Boulevard. Parking and vehicular circulation are insufficient at the existing facility, therefore, Stericycle is seeking to relocate the operation to the subject site. The subject 9.35 gross acre site is located at the northeasterly corner of Stauffer Boulevard and Little Orchard Street. The site is located within the HI Heavy Industrial Zoning District. Hazardous waste storage and transfer uses are permitted in the HI Zoning District with the issuance of a Conditional Use Permit. In addition, businesses that store, handle or use hazardous materials above certain amounts are required to obtain a Hazardous Materials Permit from the Fire Department. Site and Surrounding Uses The project would occupy space on two adjacent parcels. The larger parcel is developed with three 40,000 square foot industrial buildings. The proposed use would occupy a portion of the building facing Stauffer Boulevard. The smaller parcel, to the east, is developed with a paved outdoor storage area, surrounded by a six-foot tall chain link fence with vinyl slats. Access to this storage area is from the larger parcel via a secured gate. The project site is surrounded by existing industrial uses occupying standard tilt-up concrete buildings, to the north, south and west. A low-rise office building is located to the east, approximately 450 feet from the outdoor storage area proposed for the facility. PROJECT DESCRIPTION The proposed facility will operate between 8:00 a.m. to 5:00 p.m., Monday-Friday, and employ 29 workers. The facility will accept, temporarily store and ultimately transport hazardous waste to final disposal sites. The types of hazardous materials handled by the facility include used oil, solvents, acids,

4 Page 4 of 5 medical waste, and universal waste (batteries, light bulbs, etc.). Trucks pick up hazardous waste at various locations such as medical offices, retail stores, and laboratories, and transport it to the facility. All waste arrives and remains within sealed, rigid, Department of Transportation (DOT) approved containers. The waste containers may be moved from truck to truck, but no waste containers are opened at the facility. On various schedules, the waste containers leave the facility in trucks to final treatment and disposal locations. No drop-off waste is accepted by the facility. Contained waste would be stored within the building, or in truck trailers within the enclosed yard area. The yard will also be used to park all vehicles used to conduct business activities related to the transport of waste, and company employee vehicles. A four-foot high steel platform will be constructed in the yard, which will be used to transfer waste from one truck/trailer to another. A storage container will be used in the yard to park a forklift, store engine fluids for topping off the trucks and spare propane cylinders used for the forklift. Facility operations are required to adhere to all applicable state and local regulations pertaining to the transport of hazardous waste. As stated above, a Hazardous Materials Permit is required to be obtained from the Fire Department prior to commencement of operations. The permit identifies the allowable waste materials, as well as procedures to be followed in the unlikely event of an accidental spill. According to the Fire Department, the city has not experienced any significant issues with the current Stericycle operation, and anticipates a similar operational record at the proposed new facility. ANALYSIS The proposed Conditional Use Permit was analyzed with respect to conformance with: 1) the Envision San Jose 2040 General Plan, 2) the Zoning Code, and 3) the California Environmental Quality Act (CEQA). Envision San Jose 2040 General Plan Conformance The subject site is designated Heavy Industrial on the Envision San José 2040 General Plan Land Use/Transportation Diagram. The proposed project is consistent with the Heavy Industrial designation, which allows a wide variety of heavy industrial uses, including hazardous waste storage and transfer facilities. The proposed project is also consistent with General Plan Hazardous Materials policies that are intended to protect the community from the risks inherent in the transport, storage, and disposal of hazardous materials. Policy EC-6.2 requires proper storage and disposal of hazardous materials and wastes at licensed facilities. Subsequent to the Conditional Use Permit process, the applicant must submit their project to the Hazardous Materials Division of the Fire Department for review and approval. Zoning Conformance The project is consistent with the development standards of the HI Heavy Industrial Zoning District, in that hazardous materials storage and waste facilities are permitted in this zone with the issuance of a Conditional Use Permit. The standard parking requirement for hazardous waste facilities is one space per employee, plus 1 space per company vehicle. As shown on the site plan, 29 employee parking spaces are required and provided adjacent to the building, with 17 additional spaces required for company vehicle parking provided within the adjacent enclosed yard.

5 Page 5 of 5 California Environmental Quality Act (CEQA) An Environmental Initial Study has been prepared for the project. The Initial Study addressed a range of potential environmental impacts that could result from the project, such as traffic, noise, air quality and hazardous materials, and determined the project would not have a significant impact on the environment. On this basis, the project is determined to be exempt from environmental review ~under Class 32, Infill Development Projects. CONCLUSION Based on the above analysis of the proposed project, staff reconm~ends the Planning Con~nission approve the proposed Conditional Use Permit. PUBLIC OUTREACH The applicant posted on the subject building an on-site sign describing the proposed project. The City sent public hearing notices for this project to all property owners and occupants within 500 feet of the subject property. The Planning Commission Agenda is posted on the City of San Jos~ website, which includes a copy of the staff report. Staff has been available to discuss the project with members of the public. At the time this staff report was under preparation, the Planning Department received one comment from a property owner across Little Orchard Street from the project site. The commenter expressed concern that the use would add additional truck traffic to Little Orchard Street, because this street carries heavy truck traffic and a number of accidents have occurred. While staff acknowledges these traffic conditions, the proposed use would add only incrementally to traffic on Little Orchard Street, similar to other alternative industrial uses that could occupy the subject site. Further, the City cannot require the project to avoid the use of this street.,, ProjectMana~er: Patrick Kelly, AICP Approved by: ~"C!\-! i,~ ~,.,,c~, Date:!,,~5,ii~ Owner/Applicant: Owner: Green Valley Corporation c/o MCM Diversified Inc. 777 North First Street #600 San Jose, CA Applicant: Paul Dommert Stericycle 21 Great Oaks Blvd. San Jose, CA Attachments: Draft Resolution Public Comment Plan Set

6 RESOLUTION NO. A Conditional Use Permit to allow the operation of a hazardous waste storage and transfer facility on a 9.35 gross acre site, located at the northeasterly corner or Stauffer Boulevard and Little Orchard Street (189 Stauffer Boulevard.) FILE NO. CP WHEREAS, pursuant to the provisions of Chapter of Title 20 of the San José Municipal Code, on September 20, 2013, an application (File No. CP13-073) was filed for a Conditional Use Permit to allow the operation of a hazardous waste storage and transfer facility on a 9.35 gross acre site on that certain real property (hereinafter referred to as "subject property"), situated in the HI Heavy Industrial Zoning District, located at the northeasterly corner or Stauffer Boulevard and Little Orchard Street; and WHEREAS, the subject property is all that real property described in Exhibit "A," which is attached hereto and made a part hereof by this reference as if fully set forth herein; and WHEREAS, pursuant to and in accordance with Chapter of Title 20 of the San José Municipal Code, this Planning Commission conducted a hearing on said application, notice of which was duly given; and WHEREAS, at said hearing, this Planning Commission gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and WHEREAS, at said hearing, this Planning Commission received and considered the reports and recommendation of the staff; and WHEREAS, at said hearing, this Planning Commission received in evidence a development plan for the subject property entitled, 189 Stauffer Blvd Stericycle Specialty Waste Solutions dated October 29, Said development plan is on file in the Department of Planning, Building and Code Enforcement and is available for inspection by anyone interested herein, and said development plan is incorporated herein by this reference, the same as if it were fully set forth herein; and WHEREAS, said hearing was conducted in all respects as required by the San José Municipal Code and the rules of this Planning Commission. P.C. Agenda: Item No. 3.c.

7 Page 2 of 6 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SAN JOSÉ: After considering evidence presented at the public hearing, the Planning Commission finds that the following are the relevant facts regarding this proposed project: 1. On September 20, 2013, Paul Dommert, on behalf of Stericycle, filed a Conditional Use Permit (CUP) application to allow the operation of a hazardous waste storage and transfer facility on a 9.35 gross acre site, located at the northeasterly corner or Stauffer Boulevard and Little Orchard Street. 2. The subject site is designated Heavy Industrial on the Envision San José 2040 General Plan Land Use/Transportation Diagram. 3. The site is located within the HI Heavy Industrial Zoning District. 4. The site is developed with three 40,000 square foot industrial buildings and a paved, fenced outdoor storage yard. 5. The proposed facility will occupy a portion of the building on the site facing Stauffer Boulevard, as well as the outdoor storage yard. 6. The proposed facility will handle hazardous materials including used oil, solvents, acids, medical waste, and universal waste (batteries, light bulbs, etc.). 7. The proposed facility will operate between 8:00 a.m. to 5:00 p.m., Monday-Friday. 8. Based on the standard parking requirement for hazardous materials storage and waste facilities of one space per employee, plus 1 space per company vehicle, the proposed facility would require 29 employee parking spaces, and 17 company vehicle spaces. 29 employee parking spaces are provided, and 17 company vehicle spaces are provided. 9. The areas surrounding the site have zoning designations of HI Heavy Industrial (north); HI Heavy Industrial and IP Industrial Park (south); HI Heavy Industrial and A(PD) Planned Development (east); and IP Industrial Park (west). The subject site is surrounded by existing industrial uses to the north, south and west, and an office building to the east. 10. The applicant posted on the subject building an on-site sign describing the proposed project. The City sent public hearing notices for this project to all property owners and occupants within 500 feet of the subject property. The Planning Commission Agenda is posted on the City of San José website, which includes a copy of the staff report. Staff has been available to discuss the project with members of the public. This Planning Commission concludes and finds, based upon an analysis of the above facts that: 1. The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative affect on adjacent property or properties. a. The environmental initial study prepared for the project states that the proposed Conditional Use Permit will not have a significant effect on the environment. b. The project is exempt from environmental review under Class 32, Infill Development Projects, and will therefore not have a significant effect on the environment.

8 Page 3 of 6 2. Landscaping, irrigation systems, walls and fences, features to conceal outdoor activities, exterior hearing, ventilating, plumbing, utility and trash facilities are sufficient to maintain or upgrade the appearance of the neighborhood. a. The existing fence and trees screening the outdoor storage and transfer operations for the project will remain in place. 3. Traffic access, pedestrian access and parking are adequate. a. The proposed number, size and access of parking spaces for the proposal comply with the requirements of the Zoning Ordinance. b. No off-street improvements are required to serve the facility. 4. The Permit, as issued, furthers the policies of the General Plan, in that the project is consistent with the site s General Plan Land Use/Transportation Diagram designation of Heavy Industrial and General Plan goals and policies. Finally, based upon the above-stated findings and subject to the conditions set forth below, the Planning Commission finds that: 1. The proposed use at the location requested will not: a. Adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area; or b. Impair the utility or value of property of other persons located in the vicinity of the site; or c. Be detrimental to public health, safety or general welfare; and 2. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features in this title, or as otherwise required in order to integrate said use with the uses in the surrounding areas; and 3. The proposed site is adequately served: a. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; or by other forms of transit adequate to carry the kind and quantity of individuals such use would generate; and b. By other public or private service for facilities as are required. In accordance with the findings set forth above, a Conditional Use Permit to use the subject property for said purpose specified above and subject to each and all of the conditions hereinafter set forth is hereby granted. This Planning Commission expressly declares that it would not have granted this permit except upon and subject to each and all of said conditions, each and all of which conditions shall run with the land and be binding upon the owner and all subsequent owners of the subject property, and all persons who use the subject property for the use conditionally permitted hereby. APPROVED SUBJECT TO THE FOLLOWING CONDITIONS 1. Acceptance of Permit. Per Section (B), should the applicant fail to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the applicant shall be deemed to constitute all of the following on behalf of the applicant: a. Acceptance of the Permit by the applicant; and

9 Page 4 of 6 b. Agreement by the applicant to be bound by, to comply with, and to do all things required of or by the applicant pursuant to all of the terms, provisions, and conditions of this permit or other approval and the provisions of Title 20 applicable to such Permit. 2. Permit Expiration. This Conditional Use Permit shall automatically expire two years from and after the date of adoption of the Resolution by the Planning Commission, or by the City Council on appeal, granting this Permit, if within such two-year period, the proposed use of this site has not commenced, pursuant to and in accordance with the provisions of this Conditional Use Permit. The date of adoption is the date the Resolution granting this Conditional Use Permit is approved by the Planning Commission. The Director of Planning may approve a Permit Adjustment/Amendment extending the permit in accordance with Title Permit Cessation. If the use authorized by the Conditional Use Permit is discontinued for a period of 12 months, the Conditional Use Permit will expire and the Conditional Use Permit will no longer be in effect. 4. Sewage Treatment Demand. Chapter of Title 15 of the San José Municipal Code requires that all land development approvals and applications for such approvals in the City of San José shall provide notice to the applicant for, or recipient of, such approval that no vested right to a Building Permit shall accrue as the result of the granting of such approval when and if the City Manager makes a determination that the cumulative sewage treatment demand of the San José-Santa Clara Water Pollution Control Plant to treat such sewage adequately and within the discharge standards imposed on the City by the State of California Regional Water Control Board for the San Francisco Bay Region. Substantive conditions designed to decrease sanitary sewage associated with any land use approval may be imposed by the approval authority. 5. Building Permit/Certificate of Occupancy. Procurement of a Building Permit and/or Certificate of Occupancy from the Building Official for the interior improvements described or contemplated under this permit shall be deemed acceptance of all conditions specified in this permit and the applicant's agreement to fully comply with all of said conditions. No change in the character of occupancy or change to a different group of occupancies as described by the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required under San José Municipal Code Section , and any such change in occupancy must comply with all other applicable local and state laws. 6. Conformance with Plans. Construction, development, and occupancy shall conform to the approved development plans entitled; 189 Stauffer Blvd Stericycle Specialty Waste Solutions dated October 29, 2013, on file with the Department of Planning, Building and Code Enforcement and incorporated herein by reference (San José Municipal Code, Title 17, Chapter 17.04). 7. Hazardous Materials Permit. Prior to commencement of operations, the project applicant shall obtain a Hazardous Materials Permit from the Fire Department. 8. Conformance to Municipal Code. No part of this approval shall be construed to permit a violation of any part of the San José Municipal Code. 9. Building Clearance for Issuing Permits. Prior to the issuance of a Building Permit, the following requirements must be met to the satisfaction of the Chief Building Official: a. Construction Plans. This permit file number, CP13-073, shall be printed on all construction plans submitted to the Building Division.

10 Page 5 of 6 b. Americans with Disabilities Act. The applicant shall provide appropriate access as required by the Americans with Disabilities Act (ADA). c. Emergency Address Card. The project developer shall file an Emergency Address Card, Form , with the City of San José Police Department. d. Street Number Visibility. Street numbers of the buildings shall be easily visible at all times, day and night. e. Construction Plan Conformance. A project construction plan conformance review by the Planning Division is required. Planning Division review for project conformance will begin with the initial plan check submittal to the Building Division. Prior to any building permit issuance, building permit plans shall conform to the approved Planning development permits and applicable conditions. 10. Fire Safety. The applicant shall meet all requirements of the Fire Department at the Building Permit stage. 11. Nuisance. This use shall be operated in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City. 12. Building and Property Maintenance. The property owner or management company shall maintain the property in good visual and functional condition. This shall include, but not be limited to all exterior elements of the buildings such as paint, roof, paving, signs, lighting and landscaping. 13. Anti-Graffiti. The applicant shall remove all graffiti from buildings, fences, and wall surfaces within 48 hours of defacement. 14. Anti Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris. a. Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts and garbage and shall include daily damp washing of all exterior walls and sidewalks along the project's frontage. b. The operator of the proposed use shall clean the public right-of-way immediately adjacent to the subject site before 8:00 a.m. each day. c. Mechanical equipment used for outside maintenance, including blowers and street sweepers may not be used between 10:00 p.m. and 6:00 a.m. daily. 15. Sign Approval. No signs are approved at this time. All proposed signs shall be subject to approval by the Director of Planning. 16. Compliance with Local and State Laws. The subject use shall be conducted in full compliance with all local and state laws. No part of this approval shall be construed to permit a violation of any part of the San José Municipal Code. 17. Revocation, Suspension, Modification. This Conditional Use Permit may be revoked, suspended or modified by the Planning Commission, or by the City Council on appeal, at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 3, Chapter 20.44, Title 20 of the San José Municipal Code it finds: a. A violation of any conditions of the Conditional Use Permit was not abated, corrected or rectified within the time specified on the notice of violation; or

11 Page 6 of 6 b. A violation of any City ordinance or State law was not abated, corrected or rectified within the time specified on the notice of violation; or c. The use as presently conducted creates a nuisance. ADOPTED and issued this 4 th day of December, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: NORMAN KLINE Chairperson JOSEPH HORWEDEL Director of Planning, Building & Code Enforcement Planning Commission Secretary NOTICE TO PARTIES The time within which judicial review must be sought to review this decision is governed by the provisions of the California Code of Civil Procedure Section

12 Page 1 of 1 Kelly, Patrick From: Sent: To: Cc: Kevin McCoy [kevin@creativewindowinteriors.com] Tuesday, November 19, :13 PM Kelly, Patrick Patrick McCoy Subject: CP Condidtional use permit Patrick, As a property owner across the street ( Little Orchard St) I oppose the use permit for hazardous waste trucks hauling into and out of this site where we have constant traffic, with a number of accidents on Little Orchard St from many driveways feeding onto the street. Little Orhard St also has a very bad intersection at San Jose Ave that has limited visibility and poor control. This is a point that large trucks interfere with the regular commerce on the street, causing backups morning and evening. There is also serious traffic the other direction at Curtner and Little Orchard with the retailers. A suggestion is to limit their access to the site to be from Monterey Road and Stauffer Blvd, if they are granted a permit. In addition, there is a large population of homeless on Little Orchard at the railroad tracks and at Cimino, who cross the street with little caution and cause numerous emergency stops to avoid a collision. Thank you for your consideration in this matter, PLEASE REMIT TO, BILL, AND SHIP OUR NEW ADDRESS: 1867 Little Orchard Street, San Jose, CA Commercial Blinds, Drapery, Motorized and Manual Shades xvxvxv.creative~vindowinteriors.com Phone fax Cell California Contractors License C /26/2013

13 ~,,~ ~,~,~ ~ ~. ~,V I Land Planning SteH~yde Specialty Wasl:e n, w 3 n o (Dr.m< NATION THE SITE IS LOCATED IN A HEA~ INDUSTRIAL (HI) DESIGNATED ZONE AND IS PERMI~ED TO ALLOW EOR THE STOOGE OF H~RDOUS MATERIALS WITH THE APPROVAL OF A CONDITIO~L USE PE~IT (CUP). THE CUP WILL PE~IT THE STOOGE OF ~RDOUS WASTE MATERIALS WI~IN A DESIG~TED STOOGE AR~ INSIDE THE ~ISTING WAREHOUSE ~AClLI~ (APN ). ~OUS MATERIAL CONTAINERS WILL BE S~LED AND P~CED IN THE STOOGE AR~ UNTIL T~NSPORTED TO OFF-SITE DISPOSAL FACILITIES. THE WAREHOUSE WILL ALSO PROVIDE STOOGE OF EQUIPMENT AND PACKING SUPPLIES. THE ADJACENT YA~ (APN ~) WILL PROVIDE STOOGE FOR VEHICLES USED TO CONDUCT BUSINESS ACTIVITIES RE~TED TO THE T~NSPORTATION OF ~RDOUS WASTE, REGULATED MEDICAL WASTE, UNIVERSAL WASTE, RECYCLE MATERIALS AND VEHICLES USED FOR SITE TO SITE EMPLOYEE T~NSPORTATION. H~RDOUS MATERIALS WILL BE STOOD IN DEPARTMENT OF T~NSPORTATION (DOT) APPROVED SHIPPING CONTAINERS AND WILL BE LOCKED WITHIN AN ENCLOSED TRUCK OR T~ILE~ THE~ IS NO NEW CONSTRUCTIO~ PROPOSED. TITLE SHEET 1 OF4

14 Land Usa Ent~rnents Land Platting EXISTING BUILDING APN VICINITY MAP NOT TO SCALE Stericycle Specialty Waste 20 BY 40 METAL FREESTANDING PLATFORM APPROXIMATELY 4 TALL AND O~PEN ON SIDES HAZARDOUS WASTE TORAGE TRAILERS /IETAL STORAGE CONTA NER, ;" ; ;.;, )FF FLUIDS EXISTING INDUSTRIAL APN (29 SPACES ALLOCATED) LEGEND PROPER3Y LINE (EXISTING) RIGHT43F4NAY EASEMENT (EXISTING) EXISTING : EXISTING PARKING EXISTING BUILDING APN KYLE PARK CT EXISTING BUILDING SITE EXISTING INDUSTRIAL APN I i (~ EXISTING FLOOR PLAN NQT TO SCALE CONCEPTUAL SITE PLAN 1 INCH = 30 FEET 2 OF4

15 Land Use Enb~ements Land Planr~g Landscapa Alchi~c~ure C~vi Engilea ring VICINITY MAP NOT TO SCALE Spedalty Waste LEGEND PROPERTY UNE (EXISTING) EXISTING BUILDING Z :EXISTING i INDUSTRIAL APN EXISTING BUILDING : (~ EXISTING FLOOR PLAN CONCEPTUAL SITE PLAN WITH AERIAL 1 INCH = 30 FEET 2A OF4