Title
Consideration of a Conditional Use Permit for a Small Scale Hazardous Waste Center at 1971 Davis Street; Zoning District: IG, Industrial General; Alameda County Assessor’s Parcel Number 79A-395-2-28; Caleb Weaver, Ridwell Inc. (applicant); AMB US Logistics Fund LP (property owner)
Staffreport
SUMMARY AND RECOMMENDATIONS
Ridwell is a company that offers a subscription-fee based service that collects and sorts hard to recycle items directly from a customer’s residence. Items collected include batteries and lightbulbs, which are considered hazardous materials in California. As such, the applicant is requesting approval for a 12,960 square-foot Small Scale Hazardous Waste Center, which requires Conditional Use Permit (CUP) authorization from the Board of Zoning Adjustments (BZA).
Staff recommends that the BZA Adopt Resolution 2023-005, approving PLN22-0047 to allow a 12,960 square-foot Small Scale Hazardous Waste Center at 1971 Davis Street, based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
PROPOSED OPERATIONS
Ridwell is a company that offers a subscription-fee based service that will pick up, sort, and distribute hard to recycle items directly from a customer’s residence. They currently have operations in Seattle, WA, Denver, CO, Minneapolis, MN, and Austin, TX, and the San Francisco Bay Area.
The company is proposing to use an existing 12,960 sf warehouse, to sort and process the recyclable items collected from its customers. These household items include plastic films, Styrofoam, textiles, batteries, light bulbs, and e-waste. These recyclable items are generally not accepted by franchised waste haulers and must be disposed of in the trash or at specialty facilities.
Ridwell proposes to initially use three cargo vans to begin their operations and eventually plans to scale up to ten vans and one truck. The vehicles would pick-up presorted recycling from customers’ homes and return back to the warehouse to unload; each vehicle is limited to three roundtrips routes per day. The materials are then consolidated, repackaged, and sent to facilities equipped to recycle the items directly or further break down and process the items before they can be recycled or reused. These shipments would occur up to four times each week using box trucks or tractor trailers. The full operational statement provided by Ridwell is included as Exhibit A to Attachment 1, and photos of the company’s operations from other sites are included as Attachment 2.
It should be noted that the City’s franchise agreements with Alameda County Industries (ACI) and Ora Loma/Waste Management preclude Ridwell from offering its services within City limits. This does not preclude the company from operating in San Leandro, and Condition 8 has been proposed to ensure that the company adheres to the City’s franchise agreement.
PROJECT LOCATION & LAND USE
Ridwell proposes to operate from an existing 12,960 square-foot multi-tenant warehouse space at 1971 Davis Street, about 0.25 mile west of the I-880. There are two (fire) sprinklered warehouse buildings on the lot, each spanning 155,000 square feet. The warehouses are mainly occupied by warehouse and distribution uses, with some office and research/laboratory uses. There are over 200 parking spaces on the property and Ridwell will have access to 24 of the spaces (exclusive of the three spaces in front of the truck bays).
The proposed Ridwell space is in the northerly building on the site. There is an 800 square-foot office area in the warehouse and three truck bays at the front of the tenant space. There would be shelves and bins and other equipment set up for the business, but no major alteration is proposed to the space. The site and floor plans are included in the project plans (Exhibit B to Attachment 1).
The property is zoned IG, Industrial General, District, and is surrounded by other IG zoned properties. Ridwell’s proposed operations, which include the storage of household batteries and lightbulbs, qualify it as a Small Scale Hazardous Waste Center, a subcategory of Recycling Center per the Zoning Code’s definitions. This is a conditionally permitted use and is subject to the performance standards of Section 4.04.232 (Recycling Facilities). Adherence with applicable standards has been included as Condition 6.
STAFF ANALYSIS
The type and quantity of hazardous materials that will be stored on-site, namely household batteries and lightbulbs, do not trigger additional permits from the Fire Department or Environmental Services. As the amount and type of batteries and lightbulbs that will be stored on-site are not enough to trigger permits from the City’s Environmental Services Division, the company is required to (and have) register with the State and will be regulated by the Department of Toxic Substances Control (DTSC), but they are not required to obtain a full hazardous waste facility permit from DTSC.
Zoning Code Section 4.08.108, Off Street Parking and Loading Spaces Required, requires 1 parking space for every 300 square feet of office use (3) and 1 space for every 1,500 square feet of warehouse use (8) for a total of 11 spaces. The 24 off-street parking spaces available to Ridwell exceed its parking requirement of 11 spaces.
GENERAL PLAN CONFORMITY
The proposal is consistent with City of San Leandro’s General Plan policies.
Policy LU-7.3 Zoning Flexibility. Ensure that industrial zoning regulations are flexible enough to achieve the vision of San Leandro’s industrial area as an “innovation ecosystem”, where new methods of production, operations, and design are supported.
Policy OSC-7.1 Recycling. Actively promote recycling, composting, and other programs that reduce the amount of solid waste requiring disposal in landfills.
REQUIRED FINDINGS
In order to approve the proposed CUP, the BZA must make certain findings of fact. Staff has determined that the proposed location and operations of Ridwell are consistent with the required findings of Section 5.08.124 below.
1. That the proposed location of the use is in accord with the objectives of this Code and the purposes of the IG, General Industrial, District in which the site is located.
The proposed use and its proposed location in an existing warehouse in the IG, General Industrial, District, is in accord with the objectives of the Zoning Code, which is to protect and promote the public health, safety, and general welfare, and to implement the policies of the City of San Leandro General Plan, and the stated purpose of the IG District, which is to provide and protect existing industrial sites and allow for continued operation of existing general industry, subject to performance standards.
2. That the proposed location of the use and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan; will not be detrimental to the public health, safety or welfare of persons residing, or working in, or adjacent to, the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity, or to the general welfare of the city.
The proposed location of the use and the proposed conditions under which it would be operated are consistent with the General Plan, which allows for a wide-range of uses in IG Districts (including manufacturing, transportation, warehousing, vehicle storage, office-flex, and distribution) and there is no residential use nearby. The proposed operations are consistent with the performance standards of IG District and the Recommended Conditions of Approval placed on the project will ensure that the use will not be detrimental to the public health, safety or welfare of persons residing, or working in, or adjacent to, the neighborhood of such use and will not be detrimental to properties or improvements in the vicinity, or to the general welfare of the City. A condition of approval is included to ensure that Ridwell complies with the City’s franchise agreement for waste hauling.
3. That the proposed use will comply with the provisions of the Zoning Code, including any specific condition required for the proposed use in the district in which it would be located.
The proposed use will comply with the applicable Zoning Code requirements and there will be no significant physical change to the site or building. The required parking for the use is met. The proposed use will comply with the applicable performance standards in the Code as the business will operate entirely indoors, have standard business hours, and will adhere to the applicable standards of Section 4.04.232, for Recycling Facilities, which have been incorporated into the Recommended Conditions of Approval.
4. That the proposed use will not create adverse impacts on traffic or create demands exceeding the capacity of public services and facilities, which cannot be mitigated.
The proposed use will not create adverse impacts on traffic, nor create demands that will exceed the capacity of public services and facilities because Davis Street is a major road and designated truck route. Further, the company limits each vehicle to no more than three (3) round trips per day.
PUBLIC OUTREACH
A notice of public hearing was published for this project in the East Bay Times Daily Review newspaper, mailed to property owners within 500 feet of the subject property, and posted at the project site and at City Hall on May 22, 2023, as is standard for CUPs going before the BZA.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 19, Section 15301(e), Existing Facilities.
RECOMMENDATION
The use, as conditioned, conforms to the Zoning Code General Plan. Staff therefore recommends that the Board of Zoning Adjustments move to adopt Resolution 2023-005, approving PLN22-0047, Conditional Use Permit for Small Scale Hazardous Waste Center, located at 1971 Davis Street, based on the Findings of Fact and subject to the Conditions of Approval.
ATTACHMENTS
1. BZA Resolution 2023-005 with Recommended Findings of Fact and Conditions of Approval with Exhibit A - Operational Statement and Exhibit B - Project Plans
2. Photos of Ridwell’s Existing Operations
PREPARED BY:
Binh Nguyen, Associate Planner
Planning Division