HomeMy WebLinkAbout02-19-1991 Item 8.2a 90-050 20/20 Recycle Ctr CUP
. .
TO:
FROM:
PREPARED BY:
SUBJECT:
GENERAL INFORMATION:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: February 19, 1991
Planning Commission
Planning Staff .tr"
Ralph Kachadourian, Ass:_stant Planner ~ t^C>'1(-.
PA 90-050 20/20 Recycle Center Conditional
Use Permit
PROJECT:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
DOWNTOWN SPECIFIC
PLAN DESIGNATION:
EXISTING ZONING
AND LAND USE:
ITEM NO. ~.2.Q.
Conditional Use Permit request to operate an
existing recycling reder~tion center for
glass, aluminum and pla~;tic beverage
containers located within the Payless/Dublin
Plaza Shopping Center
20/20 Recycle Centers
Boudewijn P. Hanrath-Government Affairs
1731 Pomona Road
Corona, CA 91720
Payless Drug Stores NW Inc.
Sanwa Bank of Californicl
9275 SW Peyton Lane
Wilsonville, OR 97070
7201 Regional Street
9'::,1-305-16
5.4li: acres
Retail/Office
Zone 6 Central Block We~t Retail
C-1 (Retail Business Di~trict)
Dublin Plaza Shopping CEnter
COPIES TO: Applicant
Owner
Address File
PAGEL OF_
SURROUNDING LAND
USE AND ZONING: North: C-1, Retail Business, Exxon station
South: C-1, Retail Business, Wells Fargo
Bank
East: C-1, Retail Business, Dublin Place
Plaza Shops
Wl~st : C-1, Retail Business, Almond Plaza
Center
ZONING HISTORY:
S-293:
C-3456:
PA 83-084:
PA 84-073:
PA 86-009:
PA 86-124:
PA 87-160:
PA 88-080:
PA 90-107:
On December 3, 1969, the Alameda County Planning
Department approved Tentativl~ Map 3135 and a site
Development Review for the Dublin Plaza Shopping
Center.
On September 6, 1978, the Alameda County Planning
commission approved a Conditional Use Permit for a
plant nursery addition to thl~ existing Payless
retail store.
On November 29, 1983, the Planning Director
approvl~d an Administrative Conditional Use Permit
for a Christmas Tree lot within the parking lot of
the Albertsons food store.
On November 28, 1984, the Planning Director
approved an Administrative Conditional Use Permit
for a Christmas tree lot ope]~ation at Payless.
On February 18, 1986, the Planning Director
approved an Administrative Conditional Use Permit
for a Boy Scout Troop newspaper collection bin
wi thin the Dublin Plaza Centl~r parking lot.
On December 1, 1986, the Planning Director
approvE~d an Administrative Conditional Use Permit
for a Christmas tree lot operation at Payless.
On NovE~mber 20, 1987, the Planning Director
approved an Administrative Conditional Use Permit
for Christmas tree lot opera1:ions at Payless.
On Sep1:ember 19, 1988, the P:.anning Commission
approvE~d a Conditional Use Pnrmit for 20/20
RecyclE~ Center to operate a redemption center for
glass, aluminum and plastic heverage containers
and newspaper collection.
On NovEmber 20, 1990, the Planning Director
approvE~d an Administrative Conditional Use Permit
for a Christmas Tree lot ope]~ation at Payless.
-2-
PAGE~ OF_
PA 90-117:
On December 14, 1990, the Planning Director
approved an Administrative Conditional Use Permit
for a Boy Scout newspaper recycling bin within the
parking lot of the Payless/Albertson's stores.
APPLICABLE REGULATIONS:
section 8-61.0 of the Zoning Ordinance, as amended by
Ordinance 17-84 requires that a Conditional Use Permit be
obtained from the Planning Commission for the operation of
Recycling Centers which collect, sort and temporarily store
glass, metals and other reusable materials (it does not allow for
processing activities to occur).
section 8-94.0 states that conditional uses must be analyzed
to determine: 1) whether or not the use is required by the
public need; 2) whether or not the use will be properly related
to other land uses, transportation and service facilities in the
vicinity; 3) whether or not the use will materially affect the
health or safety of persons residing or working in the vicinity;
and 4) whether or not the use will be contrary to the specific
intent clauses or performance standards established for the
district in which it is located.
ENVIRONMENTAL REVIEW: This project has been found to be
categorically Exempt from CEQA under section 15301, Class 1 of
the California Environmental Quality Act guidelines. This use
consists of the operation of an existing recycling center
involving no expansion of use beyond that previously existing.
NOTIFICATION: Public Notice of the February 19, 1991 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
BACKGROUND:
The existing 20/20 Recycle Center Conditional Use Permit
PA 88-080 expired on September 28, 1989. Since that date the
Applicant has operated without the benefit Jf a valid and
approved Conditional Use Permit. The zonin~ Investigator has on
numerous occasions, since November 1, 1989 attempted to contact
the Applicant to renew the expired use permit.
On June 28, 1990, an incomplete planning application was
submitted to the Planning Department. On NJvember 30, 1990, the
Applicant was sent a certified letter requesting submittal of
items to complete and process the Conditional Use Permit. The
Applicant failed to respond to Staff's attempts to notify him of
the incomplete submittal.
Zoning enforcement had been held in ab9yance pending the
processing of the Conditional Use Permit application. As a
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PAGE___OF___
result of the Applicant's repeated failure to submit the
necessary application materials in a timely manner, a warning
notice was issued on January 11, 1991. The warning notice
required the Applicant to complete the following:
1) submit revised site plans; written updated permission
from property owner and revised 300' property owners
list, mailing labels and maps;
2) obtain Conditional Use Permit approval from the
Planning commission by February 20, 1991; and
3) cease operation of the recycling center and remove all
units from the premises.
ANALYSIS:
The Applicant is requesting renewal of a Conditional Use
Permit to continue the operation of a 20/20 recycle collection
center within the parking lot area of the Payless Drug Store
located at the Dublin Plaza Shopping Center. The Applicant is
proposing to add a trailer to replace a single igloo container
and the kiosk. The original approval for PA 88-080 was for five
"igloo" storage containers and a kiosk unit.
The use will consist of a single 28 foot trailer and four
"igloo" storage containers. The existing operation occupies four
parking spaces and is situated in an under utilized portion of
the property. Ample convenient parking is available within the
shopping center, and the location of the trailer and the igloos
is convenient and visible to customers and not a hindrance to
traffic circulation.
A 20/20 staff person operates the site 30 hours per week,
and maintains the site in a litter-free condition. In the past
year there have been no complaints received regarding excess
trash or other recyclable or non-recyclable materials left on the
premises. Conditions of approval have been included in the Draft
Resolution (Exhibit B) to ensure the site is maintained in a
clean and litter-free condition at all times, and requiring
posting of hours of operation and after hours telephone number in
case of emergency. The use has not created any problems to the
existing commercial tenants within the shopping center.
The application has been reviewed by the applicable public
agencies and city departments and no comments/concerns were
stated or additional conditions required. staff recommends
approval of the Applicant's request for a Conditional Use Permit,
subject to conditions listed in the draft resolution, Exhibit B.
-4-
PAGE~OF___
RECOMMENDATIONS:
FORMAT:
1)
2)
3)
4)
5)
Open public hearing and hear Staff presentation.
Take tE!stimony from Applicant~ and the public.
Question staff, Applicant and the public.
Close public hearing and deliberate.
Adopt resolution relating to PA 90-050, or give
Staff and Applicant direction and continue the
matter.
staff recommends that the Plannin9 Commission adopt the
draft resolution approving PA 90-(150, 20/20 Recycle
Center Conditional Use Permit to ccllow the continued
use of the existing recycle center.
ACTION:
ATTACHMENTS:
Exhibit A:
Exhibit B:
site Plan/Equipment PhotograI~
Draft Resolution approving Pl. 90-050 Conditional
Use Permit
Background Attachments:
Location/Zoning Map
Attachment 1:
Attachment 2:
Attachment 3 :
Attachment 4:
Attachment 5:
Attachment 6:
Description of operations
Applicant's written statement:
Zoning Investigator Letter of November 30, 1990
Warning Notice of January 11, 1991
State Recycling Certification
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PAGE ___ OF ___
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RECEIVED
. JAN 2 5 1991
.....I.~'"'... PA '10 -'050
.e<- '-r<r. M. DUBLIN PLANNING
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28' trailer for storing aluminum and
plastic on site.
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:z..of,zo r<ez:ttu.u67 LaA1701J
1lV( ~l 0tJ1f- Sltt6e'l
5'5" fibregiass igloo for storing color
sorted glass on site.
EXHIBIT It
~ \ ~f:b_ CF_
RECEIVED
JUL 25 1990
DUBLIN PLANNING
Above is a photograph of a standard 20/20 Recycle Center proposed to be located in
the parking lot. When the trailer is full, it is replaced with 3n empty trailer that is
steam cleaned prior to placement in the field. The igloos are constructed of fiberglass
material which is cleaned daily by the 20/20 attendant. The color is bonded into the
fiberglass which makes it relatively easy to remove any graffiti. The igloos and the
trailer are secured at night with heavy duty locks to prevent any theft. The trailer is
also fitted with a king-pin locking device to minimize complete trailer theft.
EXHIBIT k
.9ta::-1 2. oP- L.
PAGEL OF _
RESOLUTION NO.
A RESOLU'rION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
----------------------------------------------.-----------------------
APPROVING PA 90-050 20/20 RECYCLE CENTER CO~'DITIONAL USE PERMIT TO
OPERATE A REDEMPTION CENTER IN THE PARKJNG LOT AREA OF THE
PAYLESS/DUBLIN PLAZA SHOPPING CENTER LOCATED AT 7201 REGIONAL STREET
WHEREAS, Boudewijn P. Hanrath representing 20/20 Recycle Center
filed an application for a Conditional Use PeI~it to allow the
continued operation of a recycling redemption center within the
parking lot of the Payless/Dublin Plaza Shopping Center at
7201 Regional Street; and
WHEREAS, the adopted City of Dublin zoning Ordinance, as amended,
provides for the operation of recycling centers through the
Conditional Use Permit process; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on February 19, 1991; and
WHEREAS, proper not:ice of said public heccring was given in all
respects as required by law; and
WHEREAS, the application has been reviewEld in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be categorically exempt under Section 15301, Class 1; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved, subject: to conditions; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The proposed project will serve a public need by providing a
recycling collection/redemption cent:er for the community.
B. The use will be properly related to other land uses and
transportation and service facili tiE!S in the vicinity, as
the proposed use will be compatible to the existing
commercial business uses in the DubJ,in Plaza Shopping
Center.
C. The use, under all circumstances and conditions of this
particular case, will not materially adversely affect the
health or safnty of persons residinq or working in the
vicinity, or he materially detrimeni:al to the public welfare
or injurious to property or improver~nts in the
neighborhood, as all applicable regulations will be met.
D. The use will not be contrary to the specific intent clauses
or performancE~ standards established for the district in
which it is to be located, in that conditions have been
applied to insure conformance with 1:he Zoning Ordinance.
EXHIBIT B
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E. The use is consistent with the policies of the Dublin
General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning commission does
hereby conditionally approve PA 90-050 20/20 Recycle Center
Conditional Use Permit as shown by materials labeled Exhibit A dated
received January 25, 1991 and on file with the Dublin Planning
Department, subject to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise. all Conditions of Approval shall be complied
with prior to the issuance of buildinq permits or establishment of
use. and shall be subject to Planning Department review and approval.
The following codes represent those departments/agencies responsible
for monitorinq compliance of the conditions of approval. rPLl
Planning. rBl Buildinq. rpOl Police. rpWl Public Works. rADMl
Administration. rFINl Finance. rFl Dougherty Reqional Fire Authoritv.
rOSRl Dublin San Ramon Services District. rCOl Alameda Countv
Department of Environmental Health.
1. PA 90-050 is approved for a recycling center consisting of a 28
foot trailer and a maximum of four on-site igloos for the
collection and temporary storage of glass, aluminum and plastic
beverage containers which will be located in the parking lot of
the shopping center at 7201 Regional Street as generally depicted
on the site plan prepared by George Meu Associates dated received
January 25, 1991 and labeled Exhibit A. [PL]
2. The maximum number of parking spaces to be used for the recycling
center shall be limited to four. [PL]
3. The Applicant shall have a current annual Recycling Facility
Permit and Recycling Transporter Permit for the site as required
by Dublin Municipal Code Section 5-32. [ADM]
4. All recyclable materials shall be stored inside the approved
trailer and igloo containers. [PL]
5. The containers shall be emptied only during the hours of
8:00 a.m. and 5:00 p.m. [PL]
6. The Applicant shall take all necessary precautions to ensure
litter and materials are controlled and that the units are
maintained in an attractive and functionally operative manner.
[PL]
7. The Applicant shall control activity so as not to create a
nuisance to the existing businesses or shoppers. [PL, PO]
8. A solid, enclosed receptacle shall be provided for the receipt of
recyclable materials when igloos are unattended or locked. [PL]
- 2 -
PAGE~OF___
9. On-site directional and identification sj.gns shall not exceed
eight (8) square feet and shall not contain advertising messages
and shall be subject to Planning Director review and approval.
[PL]
10. A minimum of one 40 gallon all-whether trash receptacle shall be
provided in each collection area. [PL]
11. All containers shall be clearly marked tel identify the type of
material to be deposited and a notice will be displayed stating
that no material shall be left outside the recycling containers.
[PL]
12. The trailer shall have a notice identifying the name and
telephone number of the facility operator and the hours of
operation including a 24-hour emergency number. [PL, PO]
13. The Applicant and/or Property Owner shaL, be responsible for
ensuring that the premises surrounding the recycling facility is
maintained free of litter, recyclable and non-recyclable
materials, and other debris. [PL]
14. The Applicant and/or Property Owner shal:. post, in a convenient
and visible location within the Payless ~;tore entrances and
exits, the location of the recycling fac:_lity. [PL]
15. The Applicant shall submit evidence to the Planning Director that
appropriate state and local licenses, (including Business
License) permits or certificates have beon obtained. [PL, ADM,
FIN]
16. The Applicant shall bring the site into conformance with the
project conditions of approval within th:.rty (30) days from the
effective date of t:his approval. [PL, ADU]
17. No modifications or relocation to the recycling center shall
occur without prior review and written approval of the Planning
Director and must comply with all applicable zoning, building
code and engineering regulations includillg issuance of building
permits if required. [PL, B, PW]
18. On at least an annual basis, this Condit:_onal Use Permit shall be
subject to zoning Investigator review and determination as to
compliance with thE~ conditions of approval. [PL]
19. This permit shall be null and void in thn event the approved use
ceases to operate for a continuous one YE~ar period. [PL]
20. This permit shall be revocable for cause in accordance with
section 8-90.3 of the Dublin zoning Ordinance. Any violation of
the terms of condi t:ions of this use perm:L t shall be subject to
citation. [PL]
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PAGE lQ. OF ___
PASSED, APPROVED AND ADOPTED this 19th day of February, 1991.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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DESCRIPTION OF OPERATIONS
. "'"'.......l r. _J.. 6, r u J Regional Street
.pA'TLE'~S 7 t..D \
The state certified 20/20 Recycle Centers currently located at Albertson's #733, at
7333 Regional Street consists of one 28' trailer and igloos for ;toring the used beverage
containers which the attendant buys back from the public. The equipment is located on a
portion of the parking lot so as to minimize impact on traffic flow in the lot and on
adjacent city street(s). Visuals to passing traffic are very important for a number of
reasons. To achieve high community recycllng participation, the center needs to be in
full view. Any site which Is not fully visible will not b~ able t,) reach recycling levels
that support keeping the site open. Visibility is also important to maintain employee
safety, as the attendant operates alone,
The equipment consists of one 28' trailer, painterJ white and fiberglass contaIners
fiitllrltP,r! on Al1l1rn~imatp.ly 325 !iquarQ fQQt of .pac" 6nd i foot(:rint th:ilt COngUmOi throi
parking spaces. A trailer Is used, instead of just igloos, due to the fact that thIs Is a hIgh
volume site. As a result, the trailer allows subst"n!i81 trucking ef!ici.:ncy sInce it holds
the equivalence of over twenty Igloos of malerial. V;!1en the trait/';( is full of aluminum
and plastic, it is replaced with another c10an and e;'1p!y trailer. TI1i5 one trailer, which
fills about twice a month, replaces having to service tl1e site O\'er ten times a month for
Rlllminllm And plastic, Anothgr bQnQfit t'J imployi:,q :t tr:.i1or il: th3t it 31l0wC th,)
commodity buyer to gIve customers much quicker s'J'Iice by handling the aluminum
cans In bulk.
The remaining Igloos are all used only for storing glass whi~h is sorted into clear and
colored. When they are futl, they are emptied by a 20/20 serlice truck using a knuckle
crane. As with any other site, none of 1110 oq\.l;pm':r:~ i:', fixed te the p(~iking lot, rm does
it require any electricity. This allows the si:e to b,'} ri_,:ld;ly mO'ved in <;:158 of any
I,mforeseen changes in the par'l'dng lot. Tlw trailer ; ",'j i'JIOOS ai'e \"'~' .' :oof 3r-,rj slfcurl;ld
at night with locks to prevent any materinl thoft.
tl)'2O RECYClE CENTERS
FAX: 71H~161~
PHONE: 714-279--2200
FJ\X MESSAGE
DATI: '7- 2 3 - '\O.'tu i-S ',2A;, p""
T<;>" \).<1"1"1-1 Y)ilr.M~oClla'~~""'~
COMPANY ~,i;. D~\I\I-''''
FAX NO (1-\15) e~3..:..,f.G:-'fI
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ATTACHMENT 2-
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WRITTEN STATEMENT
20/20 RECYCLE CENTERS
20/20 Recycle Centers currently operates three certified recycling centers in
grocery store parking lots in the City of Dublin. These recycling centers are the only
state certified centers within the city limits, providing reside lts with a convenient
opportunity to be reimbursed for their recycling efforts. Not only does this recycling
system come to the City of Dublin at no costs, it also offers a number of other benefits.
Many residents regularly pass the 20/20 sites and receivE! a constant reminder of
the availability of recycling, yet they choose not to participate. When Dublin completes
its citywide curbside program, a substantial amount of program recognition will already
be established by virtue of the visible 20/20 sites. Free recycling promotion is another
result of our centers. For those who do not care to make the effort to transport
recyclables back to the grocery store, the curbside program will become a much more
palatable option.
AB939 requires that California cities and counties prepare solid waste management
plans which include 25% recycling goals. To reach these goa s, Dublin already has the
benefit of a citywide system of buyback centers, which can bE! included in their
integrated recycling levels. The 20/20 centers compliment curbside programs, because
we offer an economic incentive as opposed to different incenti'/es provided by the
curbside program. Initially many curbside programs do not include multi-dwelling
units. Our buyback centers provide some degree of coverage when the curbside program
falls short of this coverage.
For the above reasons, our centers warrant passing of those three permit
applications and we look forward to possible future discussions of joint city/private
promotions to further increase recycling rates in the City of Dublin.
RECEIVEn
JUN 28 1990
DUBLIN PLANN
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ATTACHMENT 3
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t\~I~ "'2) CITY Of, DUBLIN
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'~ (:--... ~./:, PO Bex 2340, DJblin. California 94568
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01 Offices, 100 Civic Plaza, Dublin, Califor~"a 94562
November 30, 1990
certified MClil
Boudewijn P. Hanrath
20/20 Recycle Centers
1731 Pamona Road
Corona, CA 91720
Re: PA 90-050/7201-7333 Regional street,
PA 90-051/8909 San Ramon Road
20/20 Recycle Center Conditional Use Permits
Dear Mr. Hanrath:
I have attempted to contact you on se'Teral occasions over
the past few months 1:0 discuss your incomplete Conditional Use
Permit applications, which were submitted on June 28, 1990.
Both the Lucky and Albertsons store sLtes have the 20/20
Recycling Centers in place and in use with,)ut benefit of valid
Conditional Use Permits (previously approv9d Conditional Use
permits expired on September 28, 1989).
The following submittal items are required to process the
Conditional Use Permit requests for each lJcation:
1. Revised site plans
2. permission of the property owners
3. Revised 300 foot radius map and property owners list
with labels
4. Blank stamped envelopes
As of this date, you have not submitted these items to the
Planning Department.
In order to preclude further enforce:n:ent actions and
penalties, the above-listed items must be submitted by
December 14, 1990. Once the plans are su}:,mi tted, the Planning
Department will continue processing your cpplication and schedule
the items for public hearing.
If you have any questions, give me a call. I look forward
to your immediate cooperation in the resolution of this matter.
-
RK:df
cc: Address File
Maureen O'Halloran, Senior Planner
zoning Files
ATTACHMENT L{
Administration (415) 833,6650 . Citl Council (415) 833,6605 . Finance (415) 233,664U . t:ulldlr.g Inq,ec:ion (415) 833,6620
Code Er.iorcement (415) 833,6620 . Eng:neering (415) 833.(3,,30 . P!annlng (-l15) 833,6610
Police (-l15) 83:3,6670 . Put!:c Works (415) 833,6630 . ~ec'eatlon (415) 833,66.15 /1"_
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WARNING NOTICE
CITY OF DUBLIN. BUILDING II\lSPECTION DEPARTMENT
YOU ARE HEREBY NOTIFIED THAT A VIOLATION OF THE DUBLIN CITY ORDINANCE CODE EXISTS AS DESCRIBED
BELOW. FAILURE TO COMPLY WITHIN THE TIME SPECIFIED MAY RESUL T IN A CITATION BEING ISSUED WHICH
MAY REQUIRE YOUR APPEARANCE IN COURT AND A FINE OF UP TO S~OO.OO.
To
Boudevi in P. Hanrat..~
CERTIFIED MAIL
Location of Offense
7201-7333 Re~ional Street
Date
1/11/91
Name
20/20 Recvc1in~ Centers
Tel 714/279-2200
Business Address
1731 Pomona Road
Residence Address
Code Section
Description of Violation
8-48.2(q)
Dublin Zoning Ordiaance
C-2 Districts
Operation of a recycl:~g center without a valid
and approved ConditioI~l Use Permit
This violation must be corrected as follows:
~ Cease operation of the recycling center and remove alligloos, trailer unit and
'I' signs from the premises. I
Further enforcement action will/wiiY.no.tbe postponed if you avail yourself
of the following administrative remedy(ies) within 6 days. 1) Submit revised site ?1a.."1;
written permission of property owner; revised 3CD' radius maps and property owners
list wit.h labels to the Planning Depart.:nent by 5: CO p.I;}., Thursday, January 17, 1991,
to continue the application process; and 2) obtain PlamLing Commission approval
of a Conditional Use Permit by February 20. 1991. Faillrre to obtain a Conditional
Use Per:;rit by February 20, 1991, 1dll result in legal action and penalties.
Issuing Officer
Ra],nh ~chadourian
#215
Title
Zon:.n~ In..,estigator
Office Address
100 r,ivic Pla~~. Thlblin. CA 94568
ATTACHMENT S-
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