HomeMy WebLinkAbout1995-10-17; City Council; 13354; Development Project RecyclingCl-’ OF CARLSBAD - AGH-,A BILL ,I 1% 0 I52
lABQ%-u- Tm.E: ADOPTION OF ORDINANCE NO. NS-321 - 1 DEPT. HD. 4.
DEVELOPMENT PROJECT RECYCLING
SCA 94-06 CITY ATTY
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. NS-321, amending Title 21 of the Carlsbad Municipal Code by amending the title of Chapter 21.105 (Recycling Facilities) and adding Section 21.105.060.
ITEM EXPLANATION
Ordinance No. NS-321 was introduced at the regular City Council meeting of October 10, 1995. The second reading allows Council to adopt the ordinance which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 13,348 on file with the City Clerk.
EXHIBIT
1. Ordinance NO. NS-321.
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ORDINANCE NO. NS-37 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 Carl&ad, California, does ordain as follows:
SECTION I: That Title 2 1, Chapter 2 1.105 (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 2 1.105 of the Carlsbad Municipal Code is
amended by the addition of Section 21.105.060 to read as follows:
“2 1.105.060 Recvcline Areas in Develonment Proiects.
(a) Deftitions
(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 marina” shall be defmed 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.
0) 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 atIer 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.
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 fire, 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
buildingcode 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,
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:
W 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 2 1.105.060(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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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.
(0 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 Carl&ad City
Council on the 10th day of OCTOBER , 1995, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the 17th day of act;, 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSENT: Council Member Kulchin
APPROVED AS TO FORM AND LEGALITY
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AlTEST:
ALETHA L. RAUTENKRANZ, City Cle\k
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