a. Open Public Hearing - Mayor Huang opened the public hearing.
b. Staff Report
David Brantley, Community Development Director, provided a staff report via Zoom. He said Artashes Balyan (d.b.a. Sunset Recycling), is requesting a conditional use permit to establish and operate a recycling collection facility consisting of a single, self-enclosed, transportable unit along the front south elevation of the Costco building. He said the City had explained that the City's strong preference would be that the facility be located at the rear of the property to minimize impacts to aesthetics, customer parking, and parking lot circulation. Director Brantley said the applicant stated that placing the facility in the rear would not be economically favorable. At the August 11, 2021, Planning Commission meeting staff brought a resolution to deny the applicant’s request due to the negative impacts resulting from the proposed location in the front parking lot, approximately 300 feet east of the main entrance to Costco. Staff met with the applicant and a member of the Costco management team to further discuss. Costco and the applicant expressed that a location in the front parking lot, either at the previously proposed location along the south elevation of the building or the drive aisle north of the fuel pumps would be preferable. Ultimately, at the continued Public Hearing on September 15th, the Planning Commission adopted a resolution denying Conditional Use Permit 2021-25 – Sunset Recycling without prejudice by a 5-0 vote. Director Brantley said in the interim, staff contacted Costco to see if they would allow the use of the easterly boundary of their site, behind the main customer parking area, and spoke about the subsequent letter from Costco received October 11th indicating that they would concede to allowing that use unless Council approved the applicant's preferred location along the front of the building.
Ashanti Mason-Warren, Assistant Planner showed photos of existing recycling center facilities at other cities; two located to the side or rear of shopping centers and one located in the front parking area of a shopping center and said these images exemplified the types of parking, circulation, and aesthetic impacts that are cause for concern at the Yorba Linda Costco site.
c. Take Testimony
1.) Appellant
Mr. Balyan, the applicant, who is also the appellant, spoke via Zoom and said his business has the proper experience to operate at this location. He said the location has been well thought out and operation has been planned for months. He said 95% of his facilities are located at the front or side of the facility and expressed safety concerns with being located in the back due to zero visibility. Mr. Balyan said Costco also respectfully requested a location not in the rear of the building as that would create concerns with trucks and deliveries. He said no one has attended a prior hearing to voice concerns with the proposed location.
2.) Project Applicant
Same as above.
3.) Public Comment
Richard de Bruijn, resident, agreed there is a need for a recycling center and favors recycling, but agrees with the Planning Commission decision. He said he also agrees that fewer parking spaces would make shopping there more difficult and create more traffic. He hopes a solution can be found.
4.) Rebuttal by Applicant, If Required
Mr. Balyan reiterated that he has first-hand experience with how these recycling facilities work and is confident his operations will be useful for the community. He believes Yorba Linda residents should be able to recycle within their jurisdiction and asked for Council's consideration.
d. Close Public Hearing - Mayor Huang closed the public hearing.
e. Make Determination
Councilman Hernandez asked about Sunset Recycling's hours of operation. He agreed with Mr. de Bruijn and said this is likely the busiest area in the City. He favors the concept but questions the location.
Mayor Huang asked the applicant if he has considered the Sprouts location across the street. Mr. Balyan said his partnership is with Costco, he doesn't have a partnership with all markets.
Mayor Pro Tem Rodriguez inquired about the October 11th letter from Costco which indicates they are willing to concede to the recommended location by staff. He asked the applicant if he would be willing to open his facility towards the back with proper signage directing residents.
Councilwoman Campbell said though Costco is willing to concede, the letter from Savi Ranch Property Holdings, LLC, received on October 6, 2021, expressed opposition, whether it is in the front of Costco or in the rear of Costco, and said they believe it should be on the Western side where the gas station is currently located. She said she is not willing to add to the traffic and congestion concerns at Costco.
Mayor Huang reiterated that she would prefer for the facility to be located within the Sprouts parking lot. She said the City welcomes good partnerships and recycling, but she does not see how this would be feasible in this particular Costco parking lot.
A lengthy conversation ensued among Council regarding traffic and safety concerns with the proposed locations.