HomeMy WebLinkAbout1995-08-02; Planning Commission; Resolution 37851
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PLANNING COMMISSION RESOLUTION NO. 3785
A RESOLUTION OFTHE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
TITLE 21, CHAPTER 21.105, OF THE CARLSBAD
MUNICIPAL CODE, BY THE AMENDMENT OF THE
CHAPTER TITIE AND THE ADDnION OF SECTION
21.105.060 TO REGULATE RECYCLING AREAS IN
DEVELOPMENT PROJECTS.
CASE NAME: DEVELOPMENT PROJECT RECYCLING
CASE NO: ZCA 94-06
WHEREAS, the Planning Commission did on the 2nd day of Augu
hold a duly noticed public hearing as prescribed by law to consider said request; ~
WHEREAS, at said public hearing, upon hearing and considering all tt
and arguments, if any, of all persons desiring to be heard, said Commission consid
factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
recommends APPROVAL of ZCA 94-06, according to Exhibit “X
August 2, 1995, attached hereto and made a part hereof, based
following findings:
Findings:
1. That the Planning Director has determined that the project is exempt €
requirements of the California Environmental Quality Act (CEQA) per
15308 of the state CEQA Guidelines and will not have any adverse significan
on the environment.
2. That this zone code amendment is necessary and adequate for complyi
adopted State legislation (Section 42911 of the Public Resources Code) requj
provision of recycling areas in development projects.
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 2nd day of
1995, by the following vote, to wit:
AYES: Chairperson Welshons; Commissioners Compas,
Monroy, Nielsen, and Savary.
NOES: None.
ABSENT: Commissioner Noble.
ABSTAIN: None.
KIM dELSHONS, Chairperson
CARLSBAD PLANNINGCOMM
ATTEST:
MICHAEL J.#OLZI~~'ILLER
Planning Director
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PC RES0 NO. 3785 -2-
I/ 0 0 EXHI
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DATED AUGUSI
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALXFORMA, AMENDING “LE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING THE TITLE
OF CHAWER 21.105 (RECYCLING FACILITIES) AND
ADDING SECTION 2 1.105.060.
CASE NAME: DEVELOPMENT PROJECT RECYCLING
CASE NO: ZCA 94-06
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The City Council of the City of Carlsbad, California, does ordain as fol
SECTION I That Title 2 1 , Chapter 2 1.105 (Recycling Facilities) of the
9 Municipal Code is amended by the amendment of the chapter to read as follows:
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“21.105
RECYCLING FACILITIES AND RECYCLING AREAS.”
l2 /I SECTION II: That Title 2 1 , Chapter 2 1.105 of the Carlsbad Municipal Cc ’ 3 11 amended by the addition of Section 21.105.060 to read as follows:
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“21.105.060 Recycling Areas in Development Proiects.
(a) Definitions
(1) “Development project” means any of the following:
(A) A project for which a building permit is required for a come1
industrial, or institutional building, marina, or residential building having
or more living units, where solid waste is collected and loaded and
residential project where solid waste is collected and loaded in a loc
serving five or more living units.
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waste. 22
(B) Any new public facility where solid waste is collected and loaded anc
improvements for areas of a public facility used for collecting and loading
23 (C) The definition of development project only includes subdivisions or i
24 of single-family detached homes if, within such subdivisions or tracts, thc
an area where solid waste is collected and loaded in a location which serves
25 or more living units. In such instances, recycling areas as specified in
ordinance are only required to serve the needs of the living units which ul 26 the solid waste collection and loading area.
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(2) “Improvement” means any activity which adds to the value of a facility, prc
its useful life, or adapts it to new uses. For purposes of this chapter, “improven
do not include “repairs”. “Repairs“ keep facilities in good operating condition, I
not materially add to the value of the facility, and do not substantially extend tl.
of the facility.
(3) “Floor area of a marina“ shall be defined as the space dedicated to the docki
mooring of marine vessels.
(4) “Public facility” - The definition of public facility includes, but is not limit1
buildings, structures, marinas, and outdoor recreation areas owned by a local ag
(5) “Recycling area” means space allocated for collecting and loading of recyc
materials.
(b) Applicability
Adequate, accessible, and convenient areas for collecting and loading recyc
materials shall be provided for each of the following types of development:
(1) Any new development project for which an application for a building perr
submitted on or after September 1, 1994;
(2) Any improvements for areas of a public facility used for collecting and lo;
solid waste;
(3) Any existing development project for which an application for a building p
is submitted on or after September 1 , 1994, for a single alteration which is subsequ,
performed that adds 30 percent or more to the existing floor area of the develop
project;
(4) Any existing development project for which an application for a building p
is submitted on or after September 1 , 1994, for multiple alterations which are condl
within a twelve month period which collectively add 30 percent or more to the exi
floor area of the development project;
(5) Any existing development project for which multiple applications for bui
permits are submitted within a twelve month period beginning on or after Septe
1,1994, for multiple alterations which are subsequently performed that collectivel;
30 percent or more to the existing floor area of the development project;
(6) Any existing development project occupied by multiple tenants, one of UI
submits on or after September 1 , 1994, an application for a building permit for a ti
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alteration which is subsequently performed that adds 30 percent or more to the ex'
floor area of that portion of the development project which said tenant leases;
(7) Any existing development project occupied by multiple tenants, one of 7
submits on or after September 1,1994, an application for a building permit for mu
alterations which are conducted within a twelve month period which collective1
30 percent or more to the existing floor area of that portion of the development PI
which said tenant leases; and,
(8) Any existing development project occupied by multiple tenants, one of v
submits within a twelve month periud beginning on or after September 1, :
multiple applications for building permits for multiple alterations which
subsequently performed that collectively add 30 percent or more to the existing
area of that portion of the development project which said tenant leases.
(c) Guidelines for All Development Projects
(1) Recycling areas shall be designed to be architecturally compatible with nc
structures and with existing topography and vegetation.
(2) The design and construction of recycling areas shall not prevent security o'
recyclable materials placed therein.
(3) The design and construction of recycling areas shall not be in conflict with
applicable federal, state, or local laws relating to fire, building, access, transporta
circulation, or safety.
(4) Recycling areas shall not be located in any area required to be constructc
maintained as unencumbered, according to any applicable federal, state, or local
relating to fire, access, building, transportation, circulation, or safety.
(5) Recycling areas or the bins or containers placed therein must provide prote
against adverse environmental conditions, such as rain, which might render the collc
materials unmarketable.
(6) Driveways and/or travel aisles shall, at a minimum, conform to local building
requirements for garbage collection access and clearance. In the absence of
buildingcode requirements, driveways and/or travel aisles should provide unobstn
access for collection vehicles and personnel.
(7) A sign clearly identifying all recycling and solid waste collection and loading i
and the materials accepted therein shall be posted adjacent to all points of direct ac
to the recycling areas.
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(8) Developments and transportation corridors adjacent to recycling areas shz
adequately protected from any adverse impacts such as noise, odor, vectors, or
through measures including, but not limited to, maintaining adequate sepm
fencing, and landscaping.
(9) Recycling areas shall have the ability to accommodate receptacles for recyc
materials.
(10) Recycling areas shall be accessible and convenient for those who deposit as
as those who collect and load any recyclable materials placed therein.
(1 1) Recycling areas shall be located so they are as convenient for those persons
deposit, collect, and load the recyclable materials placed therein as are the a~
where solid waste is deposited, collected and loaded.
(12) Whenever feasible, areas for collecting and loading recyclable materials sh;
adjacent to the solid waste collection areas.
(d) Additional Guidelines for Single Tenant Development Projects
(1) Recycling areas shall be adequate in capacity, number, and distribution to sew
development project.
(2) Dimensions of recycling areas shall accommodate receptacles sufficient to ma
recycling needs of the development project.
(3) Recycling areas shall contain an adequate number of bins or containers to ;
for the collection and loading of recyclable materials generated by the develop
project.
(e) Additional Guidelines for Multiple Tenant Development Projects
(1) Recycling areas shall, at a minimum, be sufficient in capacity, number,
distribution to serve that portion of the development project leased by the tenant(s)
submitted an application or applications resulting in the need to provide recy
area(s) pursuant to Subsection 21.105.060(b) of this ordinance.
(2) Dimensions of recycling areas shall accommodate receptacles sufficient to ma
recycling needs of that portion of the development project leased by the tenant(s)
submitted an application or applications resulting in the need to provide recyc
area(s) pursuant to Subsection 21.105.060(b) of this ordinance.
(3) Recycling areas shall contain an adequate number of bins or containers to a
for the collection and loading of recyclable materials generated by that portion o
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development project leased by the tenant@) who submitted an applicatio
applications resulting in the need to provide recycling area(s) pursuant to Subse
21.105.O6O(b) of this ordinance.
0 axts
Any costs associated with adding recycling space to existing development projects
be the responsibility of the party or parties who are responsible for financinl
alterations.”
EFFECI’IVE DATE: This ordinance shall be effective thirty days aft(
adoption; and the city clerk shall certify the adoption of this ordinance and cause it 1
published at least once in a newspaper of general circulation in the City of Carlsbad u
fifteen days after its adoption.
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2 ll INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
3 Council on the day of , 1995, and thereafter
4 PASSED AND ADOEYTED at a regular meeting of the City Council of tht
5 of Carlsbad on the day of-9 1995 by the following vote, to wit:
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AYES:
NOES:
ABSENT:
16)
11 APPROVED AS TO FORM AND LEGALITY
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14 RONALD R. BALL, City Attorney
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17 CLAUDE A. LEWIS, Mayor
l8 ll A'ITEST:
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21 ALETHA L. RAUTENKRANZ, City Clerk
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