HomeMy WebLinkAbout1995-10-10; City Council; 13348; Development Project Recyclingc-“Y OF CARLSBAD - AGP
DEVELOPMENT PROJECT RECYCLING - ZCA 94-06
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. #$-sg/ amending Title 21 of the
Carlsbad Municipal Code to amend the title of Chapter 21.105 and to add text requiring
the provision of recycling areas in development projects.
ITEM EXPLANATION
This item has been prepared in order to comply with State regulations which require the
provision of recycling areas in some development projects. In 1993 and 1994, the State
passed legislation requiring the provision of centralized recycling areas in development
projects. The State’s Integrated Waste Management Board then developed and
distributed to local agencies a “Draft Model Ordinance” to implement this requirement.
Local agencies were given the option of either relying on the State’s Model Ordinance
or of adopting their own ordinance which is consistent with the Model Ordinance. Any
agency without an adopted ordinance in place by September 1, 1994, was subject to
the State ordinance.
The ordinance prepared by Planning staff incorporates the required definition of
“development projects” (i.e., commercial, industrial, and institutional projects; and
residential projects when they involve five or more units and have a centralized waste
collection area). The ordinance also includes guidelines for implementation of the
requirements in different types of projects. Staff believes this ordinance is consistent
with the State’s Model Ordinance.
The Planning Commission unanimously recommended approval at their meeting of
August 2, 1995.
ENVIRONMENTAL REVIEW
The Planning Director has determined that the project is exempt from the requirements
of the California Environmental Quality Act (CEQA) per Section 15308 of the State CEQA
Guidelines and will not have an adverse significant impact on the environment.
FISCAL IMPACT
The amendment will result in no additional administrative costs for the City. Any
additional costs incurred by the requirements for provision of recycling areas will be
borne by the applicant/developer. It is therefore anticipated that there will be no fiscal
impact to the City of Carlsbad.
1. City Council Ordinance No. /uS-3A/
2. Excerpts of Planning Commission Minutes, dated August 2, 1995.
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ORDINANCE NO. NS - 3 2 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING THE TITLE
OF CHAPTER 21.105 (RECYCLING FACILITIES) AND
ADDING SECTION 2 1.105.060.
CASE NAME: DEVELOPMENT PROJECT RECYCLING
CASE NO: ZCA 94-06
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Title 2 1, Chapter 21.105 (Recycling Facilities) of the Carlsbad
Municipal Code is amended by the amendment of the chapter to read as follows:
“21.105
RECYCLING FACILITIES AND RECYCLING AREAS.”
SECTION II: That Title 2 1, Chapter 21.105 of the Carlsbad Municipal Code is
amended by the addition of Section 21.105.060 to read as follows:
“21.105.060 Recycling Areas in Development Proiects.
G-4 Definitions
(1) “Development project” means any of the following:
(A) A project for which a building permit is required for a commercial,
industrial, or institutional building, marina, or residential building having five
or more living units, where solid waste is collected and loaded and any
residential project where solid waste is collected and loaded in a location
serving five or more living units.
(B) Any new public facility where solid waste is collected and loaded and any
improvements for areas of a public facility used for collecting and loading solid
waste.
(C) The definition of development project only includes subdivisions or tracts
of single-family detached homes if, within such subdivisions or tracts, there is
an area where solid waste is collected and loaded in a location which serves five
or more living units. In such instances, recycling areas as specified in this
ordinance are only required to serve the needs of the living units which utilize
the solid waste collection and loading area.
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(2) “Improvement” means any activity which adds to the value of a facility, prolongs
its useful life, or adapts it to new uses. For purposes of this chapter, “improvements”
do not include “repairs”. “Repairs” keep facilities in good operating condition, but do
not materially add to the value of the facility, and do not substantially extend the life
of the facility.
(3) “Floor area of a marim? shall be defined as the space dedicated to the docking or
mooring of marine vessels.
(4) “Public facility” - The definition of public facility includes, but is not limited to,
buildings, structures, marinas, and outdoor recreation areas owned by a local agency.
(5) “Recycling area” means space allocated for collecting and loading of recyclable
materials.
C-W Applicability
Adequate, accessible, and convenient areas for collecting and loading recyclable
materials shall be provided for each of the following types of development:
(1) Any new development project for which an application for a building permit is
submitted on or after September 1, 1994;
(2) Any improvements for areas of a public facility used for collecting and loading
solid waste;
(3) Any existing development project for which an application for a building permit
is submitted on or after September 1, 1994, for a single alteration which is subsequently
performed that adds 30 percent or more to the existing floor area of the development
project;
(4) Any existing development project for which an application for a building permit
is submitted on or after September 1, 1994, for multiple alterations which are conducted
within a twelve month period which collectively add 30 percent or more to the existing
floor area of the development project;
(5) Any existing development project for which multiple applications for building
permits are submitted within a twelve month period beginning on or after September
1, 1994, for multiple alterations which are subsequently performed that collectively add
30 percent or more to the existing floor area of the development project;
(6) Any existing development project occupied by multiple tenants, one of which
submits on or after September 1, 1994, an application for a building permit for a single
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alteration which is subsequently performed that adds 30 percent or more to the existing
floor area of that portion of the development project which said tenant leases;
(7) Any existing development project occupied by multiple tenants, one of which
submits on or after September 1, 1994, an application for a building permit for multiple
alterations which are conducted within a twelve month period which collectively add
30 percent or more to the existing floor area of that portion of the development project
which said tenant leases; and,
(8) Any existing development project occupied by multiple tenants, one of which
submits within a twelve month period beginning on or after September 1, 1994,
multiple applications for building permits for multiple alterations which are
subsequently performed that collectively add 30 percent or more to the existing floor
area of that portion of the development project which said tenant leases.
(cl Guidelines for All Development Projects
(1) Recycling areas shall be designed to be architecturally compatible with nearby
structures and with existing topography and vegetation.
(2) The design and construction of recycling areas shall not prevent security of any
recyclable materials placed therein.
(3) The design and construction of recycling areas shall not be in conflict with any
applicable federal, state, or local laws relating to fne, building, access, transportation,
circulation, or safety.
(4) Recycling areas shall not be located in any area required to be constructed or
maintained as unencumbered, according to any applicable federal, state, or local laws
relating to fire, access, building, transportation, circulation, or safety.
(5) Recycling areas or the bins or containers placed therein must provide protection
against adverse environmental conditions, such as rain, which might render the collected
materials unmarketable.
(6) Driveways and/or travel aisles shall, at a minimum, conform to local building-code
requirements for garbage collection access and clearance. In the absence of such
building-code requirements, driveways and/or travel aisles should provide unobstructed
access for collection vehicles and personnel.
(7) A sign clearly identifying all recycling and solid waste collection and loading areas
and the materials accepted therein shall be posted adjacent to all points of direct access
to the recycling areas.
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(8) Developments and transportation corridors adjacent to recycling areas shall be
adequately protected from any adverse impacts such as noise, odor, vectors, or glare
through measures including, but not limited to, maintaining adequate separation,
1 fencing, and landscaping.
(9) Recycling areas shall have the ability to accommodate receptacles for recyclable
materials.
(10) Recycling areas shall be accessible and convenient for those who deposit as well
as those who collect and load any recyclable materials placed therein.
(11) Recycling areas shall be located so they are as convenient for those persons who
deposit, collect, and load the recyclable materials placed therein as are the area(s)
where solid waste is deposited, collected and loaded.
(12) Whenever feasible, areas for collecting and loading recyclable materials shall be
adjacent to the solid waste collection areas.
(4 Additional Guidelines for Single Tenant Development Projects
(1) Recycling areas shall be adequate in capacity, number, and distribution to serve the
development project.
(2) Dimensions of recycling areas shall accommodate receptacles sufficient to meet the
recycling needs of the development project.
(3) Recycling areas shall contain an adequate number of bins or containers to allow
for the collection and loading of recyclable materials generated by the development
project.
69 Additional Guidelines for Multiple Tenant Development Projects
(1) Recycling areas shall, at a minimum, be sufficient in capacity, number, and
distribution to serve that portion of the development project leased by the tenant(s) who
submitted an application or applications resulting in the need to provide recycling
area(s) pursuant to Subsection 21.105.060(b) of this ordinance.
(2) Dimensions of recycling areas shall accommodate receptacles sufficient to meet the
recycling needs of that portion of the development project leased by the tenant(s) who
submitted an application or applications resulting in the need to provide recycling
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 allow
for the collection and loading of recyclable materials generated by that portion of the
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(0
development project leased by the tenant(s) who submitted an application or
applications resulting in the need to provide recycling area(s) pursuant to Subsection
2 1.105.060(b) of this ordinance.
COStS
Any costs associated with adding recycling space to existing development projects shall
be the responsibility of the party or parties who are responsible for financing the
alterations.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of , 1995, and thereafter
PASSED AND ADOmED at a regular meeting of the City Council of the City
of Carlsbad on the day of -, 1995 by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
PLANNING COMMISSION Augirst 2, 1995 PAGE 0
2. ZCA 94-06 - PROJECT DEVELOPMENT RECYCLING - A Zone Code Amendment to Chapter
21.105 (Recycling Facilities) of the Carlsbad Municipal Code to add regulations governing recycling
areas within development projects.
Elaine Blackburn, Associate Planner, reviewed the background of the request and stated that this zone
code amendment to Chapter 21 .105 is being processed in order to comply with State law which requires
the provision of recycling areas within many development projects. In 1993 and 1995, the State passed
legislation requiring the provision of centralized recycling areas. The State’s Integrated Waste
Management Board then developed and distributed to local agencies a “Draft Model Ordinance” to
implement this requirement. Local agencies were given the option of either relying on the State’s model
ordinance or of adopting their own ordinance consistent with the model ordinance. Any agency without an
adopted ordinance in place by September 1, 1994 was subject to the State ordinance.
Ms. Blackburn explained that the model ordinance defines “development projects” to include commercial,
industrial, and institutional firojects, and also includes residential projects when they involve five or more
units and have a centralized waste collection area. Staff has now prepared a draft City ordinance to be
included in Chapter 21.105 entitled “Recycling Facilities.” The ordinance is consistent with the model
ordinance and staff recommends approval of this zone code amendment.
Ms. Blackburn noted that although Carlsbad did not have its own ordinance in place as of September 1,
1994, staff was aware of the State’s requirements and has been complying with them. Compliance was
accomplished by use of an Engineering Standard drawing which provides design options for waste
collection areas. This design specifically includes recycling bins and notes that development projects must
comply with the requirements of the model ordinance.
Chairperson Welshons opened the public testimony and issued the invitation to speak.
There being no persons desiring to address the Commission on this topic, Chairperson Welshons declared
the public testimony closed and opened the item for discussion among the Commission members.
ACTION: Motion was made by Commissioner Erwin, and duly seconded, to adopt Planning
Commission Resolution No. 3785 recommending approval of ZCA 94-06, based on the
findings contained therein.
VOTE: 6-O
AYES: Compas, Erwin, Monroy, Nielsen, Savary, Welshons
NOES: None
ABSTAIN: None
A
PROOF OF PUBLICATION (2015.5 C.C.R)
STATE OF CALIFORNIA County of San Diego
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years
and not a party to or interested in the above-entitled
matter. I am the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and
published daily in the City of Oceanside and qualified for the Cii of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fallbrook, Leucadia, Encinitas, Cardiff, Vista and Cartsbad, Count)
of San Diego, and which newspaper has been adjudgec
a newspaper of general circulation by the Superior
Court of the County of San Diego, State of California,
under the date of June 30,1989, case number 171349; that the notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on the
following dates, to-wit:
Sept. 29, ,1995
I certify (or dedare) under penalty of perjury that the
foregoing is true and correct.
Dated at Oceanside California, this 29 Sept. 19g5 day
-------- /4iiLiei~~~~
BLADE-CITIZEN
Legal Advertising 1722 South Coast Highway, Oceanside, CA 92054 P.O. Box 90 Oceanside, CA 92049 6191433-7333
This space is for the County Clerk’s Filing Stamp
Proof of Publication of
Public Hearing
___--_---------------------------------------------
NOTICE IS HEREBY GIVEN that the City Chmcil of the City of Carl& will hold a public hcariqg at the City Council Chmbm, 1200 C&bad Vilhge, Drive, Carlsbed, California, at 6~00 P.M., on ksday, Gctober 10,1995, to coo&r qprovai of an amendment ta Chapter 2 1.105 (Recycling Facilities) of the C&bad Municipal c$e.to add leglliatim govcming nxyding aRus witbill developmeoe plqeu6 city- lndn e the Ci& of C&bad, California.
If you hen any qlwo& ngmhq ’ &isprsrta,&ssq@lEldueBhckbmih~ Planning Deputmns it (619) 438. ,161, exk 447P. _. ;
.Ifyou~tse-~codeAmenQpeoL ” .i,”
cdythweiwmbed~youor aotic4;~M $
NOTICE OF PUBLIC HEARING
ZCA 94-6
PROJECT DEVF&OPM.ENT RECYCLING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.M., on Tuesday, October 10, 1995, to consider approval of an amendment to Chapter 21.105 (Recycling Facilities) of the Carlsbad Municipal Code to add regulations governing recycling areas within development projects citywide in the City of Carlsbad, California.
If you have any questions regarding this matter, please call Elaine Blackburn in the Planning Department, at (619) 438-1161, ext. 4471.
If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior, to the public hearing.
APPLICANT: City of Carlsbad PUBLISH: September 29, 1995 CARLSBAD CITY COUNCIL
DR GEORGE W MANNON
CARLSBAD UNIF SCHOOL DIST SAN MARCOS SCI!’ ‘01 r\IST ENCINITAS SCHOOL I)IS'I'
801 I’INE AVENUE 1 CIVIC CENTER DR 101 S RANCIIO SANTA FE RI>
CAKLSBAD CA 92008 SAN MARCOS ! ..\ 92069 ENCINI’I’AS CA 92024
LEUCADIA COUNTY WTR DIST
1960 LA COSTA AV
CARLSBAD CA 92009
CITY OF CARLSBAD
ENGINEERING DEPT
CITY OF CARLSBAD - PLANNING
DEPT - PROJECT PLANNER
CI’I’Y OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069
ART0 J. NUUTINEN
4920 CAMPUS DR
NEWPORT BEACH CA 92660
ZCA 94-06 Project Development
Recycling
LABELS
VALLECITOS WTR DISTRICT SAN DIEGO COUNTY, Dept.
788 SAN MARCOS BLVD 5201 RUFFIN RD S’l’lr “B”
SAN MARCOS CA 92069 SAN DIEGO CA 92123
CITY OF CARLSBAD CITY OF CARLSBAD
COMMUNITY SERVICES MUNICIPAL WATER DIST
CITY OF ENCINITAS 505 S. VULCAN AV
ENCINITAS CA 92024-3633
CITY OF VlSTA
PO BOX 1988
VISTA CA 92085
ELAINE BLACKBURN PLANNING DEPT.
CITY OF OCEANSIDE
300 N HILL ST
OCEANSIDE CA 92054
CALIF DEP’I’ OF FISII & GAME 330 GOLDENSHORE #50
LONG BEACII CA 90802
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 6:00 p.m. on Wednesday, August 2, 1995, to consider recommending approval
of a Zone Code Amendment to Chapter 21.105 (Recycling Facilities) of the Carlsbad
Municipal Code to add regulations governing recycling areas within development projects
Citywide in Carlsbad, California.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after July 27, 1995. If you have
any questions, please call Elaine Blackburn in the Planning Department at (619) 438-1161, ext. 4471.
If you challenge the Zone Code Amendment in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: ZCA 94-06
CASE NAME: PROJECT DEVELOPMENT RECYCLING
PUBLISH: JULY 21, 1995
CITY OF CARLSBAD
PLANNING COMMISSION
EBwd
(Form A)
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
ZCA 94-06 - PROJECT DEVELOPMENT RECYCLING
for a public hearing before the Clty Council.
Please notice the item for the council meeting of &$- ,as
Thank you.
Assistant City Man--
Public Hearing
Seutember 5, 1995
Oate
CARLSBAD UNIF SCHOOL DIST
801 PINE AVENUE
CARLSBAD CA 92008
LEUCADIA COUNTY WTR DIST
1960 LA COSTA AV
CARLSBAD CA 92009
CITY OF CARLSBAD
ENGINEERING DEPT
CITY OF ENCINITAS
505 S. WLCAN AV
ENCINITAS CA 92024-3633
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
ZCA 94-06 Project Development
Recydinis LABELS /
SAN MARCOS SCHOOL DIST ENCINITAS SCHOOL DIST
1 CMC CENTER DR 101 S RANCH0 SANTA FE RD
SAN MARCOS CA 92069 ENCINITAS CA 92024
VALLECITOS WTR DISTRIC
788 SAN MARCOS BLVD
SAN MARCOS
CITY OF OC EAIl SIDE
OCEANSIDE
CALIF D
8
OF FISH & GAME
330 GO ENSHORE #50
LONGBEACH CA 90802
SAN DIEGO COUNTY, Dept.
5201 RUFFIN RD STE “B”
SAN DIEGO CA 92 123
CITY OF CARLSBAD
MUNICIPAL WATER DIST
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069
ART0 J. NUUTINEN
4920 CAMPUS DR
NEWPORT BEACH CA 92660
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