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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. - l 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 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. i 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 (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 2. 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 (cl 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. 3 c; I - l 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 (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 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 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 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 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 fi l . AlTEST: ALETHA L. RAUTENKRANZ, City Cle\k 6 n