Stanislaus County planners approve permit for metal recycler in south Modesto

The Stanislaus County Planning Commission approved a use permit Thursday for a south Modesto recycling business that previously generated numerous complaints from neighbors.

The 5-1 vote will allow Central Valley Recycling, at 524 S. Ninth St., to collect up to 2,000 tons of scrap metal per month. Two nearby residents opposed the permit request during the public hearing. Opponents can appeal the decision to the Board of Supervisors; the fee would cost them more than $600.

Matthew Harrington, whose family lives east of the business, said the scrap metal operation has created an ongoing problem with noise and odors, and the vibrations from the machinery shake their home.

The dust makes it impossible for the family to enjoy their yard, said Harrington, who said he had seven letters of opposition to the permit.

“At some point, it needs to stop,” he said.

County staff members, who recommended approval, said recycling centers are allowed in the commercial zone. Two other metal recyclers are located on South Ninth. In addition, a noise study showed the sound from Central Valley’s heavy equipment is within accepted standards.

Commissioner Tom Orvis said he had to base his vote on county zoning regulations, not on emotion. Commissioner Richard Gibson cast the dissenting vote and Commissioner Kenneth Buehner was absent. Gibson recalled that a college student living near the site said at a previous meeting he could not study because of the noise.

Central Valley was given a business license for the metal recycling in 2009, but with an exponential increase in the metal processing and numerous complaints from neighbors, the county refused to renew the license in 2012. The business was facing a possible abatement order in 2013 when supervisors agreed to let the owner apply for a use permit and show it could reduce the impact on neighbors.

Central Valley uses equipment to crush cars and stack the metal so it can be transported to a company in Oakland that sells shredded metal to overseas customers.

The owners, who had asked to process 2,500 tons per month, agreed to the smaller tonnage figure and will limit car crushing to the hours of 11 a.m. to 2 p.m. weekdays. The commission rejected their proposal Thursday to use shearing equipment to cut steel columns outside the three-hour window and use an excavator on Saturdays.

In another condition, two excavators will operate at least 150 feet away from the nearby homes to minimize the impact on neighbors. The county will review how well Central Valley is complying with permit conditions after a year.

Orvis asked co-owner Richard Francis if they had looked for another location for the center. Francis said they had looked for other sites amid the controversy but the South Ninth location was the best.

Commissioner Katherine Borges said the business could do more to clean up garbage and plastic bags near the east property line. Improvements will include a 10-foot wall and tall cypress trees along Bystrum Road to screen the stacks of metal from view.

Borges suggested covering the wall with ivy to deter graffiti.

The county was criticized for permitting the operation next to a low-income neighborhood. Deborah Miller, a former neighborhood resident, wrote in a letter that the nauseous smells and sight of the junk pile influenced her decision to move.

“I do not think it fair that this business is permitted to both operate and expand in a low-income, largely Latino neighborhood, while white, middle-class neighborhoods are most often spared from this type of noxious environment,” Miller wrote.

Orvis told opponents that county supervisors have more latitude to consider the emotional pleas of residents.

This story was originally published May 7, 2015 at 10:22 PM with the headline "Stanislaus County planners approve permit for metal recycler in south Modesto."