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HomeMy WebLinkAbout1995-08-02; Planning Commission; Resolution 37851 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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. .... .... ~ 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 I : PC RES0 NO. 3785 -2- I/ 0 0 EXHI 1 2 3 4 5 6 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 7 a 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: 10 11 “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: 14 15 16 17 18 19 20 “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. 21 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. 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 (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 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 0 e 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. 3 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 (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 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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. ... ... ... ... ... ... ... ... ... ... ... ... 5 I1 0 e 1 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: 6 7 8 9 AYES: NOES: ABSENT: 16) 11 APPROVED AS TO FORM AND LEGALITY l2 ll 13 14 RONALD R. BALL, City Attorney 15 16 17 CLAUDE A. LEWIS, Mayor l8 ll A'ITEST: l9 /I 20 21 ALETHA L. RAUTENKRANZ, City Clerk 22 23 24 ii 25 26 27 II 28 6