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HomeMy WebLinkAbout2017-01-10; City Council; ; Amend Zoning Ordinance Chapter 21.105 (Recycling Facilities and Recycling Areas) to be consistent with state law. Project Name: Recycling Requirements Project No.: ZCA 16~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: January 10, 2017 Mayor and City Council Kevin Crawford, City Manage~ Carl Stiehl, Associate Planner carl.stiehl@carlsbadca.gov or 760-602-4605 CA Review f¥..- Subject: Amend Zoning Ordinance Chapter 21.105 (Recycling Facilities and Recycling Areas) to be consistent with state law. Project Name: Recycling Requirements Project No.: ZCA 16-03/LCPA 16-02 Recommended Action Hold a public hearing and introduce an ordinance approving an amendment to the Zoning Ordinance (ZCA 16-03)/Local Coastal Program (LCPA 16-02) to amend the city's regulation of recycling areas consistent with state law. Executive Summary This project is a city-initiated amendment to the Zoning Ordinance /Local Coastal Program. The Zoning Ordinance is a component of the city's Local Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an amendment of the Local Coastal Program. The proposed amendment consists of amendments to Zoning Ordinance Chapter 21.105 -Recycling Facilities and Recycling Areas. The purpose of the amendments is to make the city's regulation of recycling areas in development projects consistent with the state law. Review and approval of the amendments by the California Coastal Commission is necessary after City Council action. Discussion In 1995, pursuant to the California Solid Waste Reuse and Recycling Access Act, the city adopted an ordinance (Zoning Ordinance Section 21.105.060) that requires adequate area be dedicated in development projects for the collection and loading of recyclable material. In 2014, the Mandatory Commercial Recycling Organics law (Assembly Bill 1826) was enacted, which requires businesses and multifamily residential developments to recycle organic waste. The proposed amendments will ensure that the city's requirements for recycling areas in development projects are consistent with state law. Additional discussion and analysis ofthe amendments is provided in the Planning Commission Staff Report (Exhibit 3). On September 21, 2016, the Planning Commission conducted a public hearing and considered the proposed amendments; the commission voted to recommend approval (5-1-1, with Commissioner Anderson voting no and Commissioner Montgomery absent) of the Zoning Ordinance/Local Coastal Program amendment. There was no public comment on the item. Item #10 January 10, 2017 Page 1 of 32 Fiscal Analysis There is no anticipated fiscal impact. Next Steps Staff will submit an application for a Local Coastal Program amendment to the California Coastal Commission following City Council approval of the Zoning Ordinance/Local Coastal Program amendment (ZCA 16-03/LCPA 16-02). The amendments will not become effective until the California Coastal Commission approves the Local Coastal Program amendment (LCPA 16-02). Environmental Evaluation (CEQA) The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The changes to the Zoning Ordinance proposed by this project are to implement state recycling law adopted by the state legislature. The proposed changes are not substantial and ensure that development projects are designed to comply with state laws that are intended to protect air quality, reduce impacts to landfill capacity and reduce greenhouse gas emissions by diverting waste from landfills; therefore, the project will not result in a significant effect on the environment and is not subject to CEQA. A Notice of Exemption will be filed. Public Notification Information regarding public notifications of this item such as mailings, public hearing notices posted in the newspaper and on the city website are available in the Office of the City Clerk. Exhibits 1. An ordinance approving an amendment to the Zoning Ordinance (ZCA 16-03)/Local Coastal Program {LCPA 16-02) 2. Planning Commission Resolution No. 7199 3. Planning Commission Staff Report dated September 21, 2016 4. Planning Commission Minutes dated September 21, 2016 Item #10 January 10, 2017 Page 2 of 32 ORDINANCE NO. CS-312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 21.105 OF THE CARLSBAD MUNICIPAL CODE (ZONING ORDINANCE) TO MAKE THE CITY'S REGULATION OF RECYCLING AREAS CONSISTENT WITH STATE LAW. CASE NAME: RECYCLING REQUIREMENTS CASE NO.: ZCA 16-03/LCPA 16-02 EXHIBIT 1 WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an amendment to the Local Coastal Program; and WHEREAS, the City Planner has prepared a Zoning Ordinance Amendment (ZCA 16-03}/Local Coastal Program Amendment (LCPA 16-02) pursuant to Section 21.52.020 of the Carlsbad Municipal Code, Section 30514 ofthe Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5; and WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review period for the Local Coastal Program Amendment began on August 26, 2016 and ended on October 7, 2016;and WHEREAS, on September 21, 2016, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 16-03/LCPA 16-02; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7199 recommending to the City Council that ZCA 16-03/LCPA 16-02 be approved; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider the ZCA 16-03/LCPA 16-02; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to ZCA 16-03/LCPA 16-02; and WHEREAS, the findings of the Planning Commission in Resolution No. 7199 constitute the findings of the City Council in this matter. NOW THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1. That Section 21.105.010 of the Carlsbad Municipal Code is amended to read as follows: Item #10 January 10, 2017 Page 3 of 32 21.105.010 Recyclable material. "Recyclable material" means reusable material including but not limited to metals, glass, plastic, cardboard, paper, and organic waste (defined in Section 42649.8 ofthe Public Resources Code), which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. In addition, "recyclable material" is material that is permitted to be recycled at a given site and facility. "Recyclable material" does not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code. 2. That Section 21.105.060 of the Carlsbad Municipal Code is amended to read as follows: 21.105.060 (a) Recycling areas in development projects. Definitions. The following definitions are applicable to this section. (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 section are only required to serve the needs of the living units which utilize the solid waste collection and loading area. (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 defined as the space dedicated to the docking or mooring of marine vessels. (4) "Public facility" means and includes, but is not limited to, buildings, structures, marinas and outdoor recreation areas owned by a local agency. (5) "Recyclable material" is defined in Section 21.105.010 of this chapter. (6) "Recycling area" means space allocated for collecting and loading of recyclable materials. (b) 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; (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 for a single alteration which is subsequently performed that adds thirty percent or more to the existing floor area of the development project; Item #10 January 10, 2017 Page 4 of 32 (4) Any existing development project for which an application for a building permit is submitted for multiple alterations which are conducted within a twelve-month period which collectively add thirty 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 for multiple alterations which are subsequently performed that collectively add thirty 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 an application for a building permit for a single alteration which is subsequently performed that adds thirty 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 an application for a building permit for multiple alterations which are conducted within a twelve-month period which collectively add thirty 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 multiple applications for building permits for multiple alterations which are subsequently performed that collectively add thirty percent or more to the existing floor 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 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, storm water pollution prevention, 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. (8) Developments and transportation corridors adjacent to recycling areas shall be adequately protected from any adverse impacts such as noise, odor, vectors, glare, and storm water pollutants through measures including, but not limited to, maintaining adequate separation, fencing, and landscaping. Item #10 January 10, 2017 Page 5 of 32 (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. (d) 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. (e) 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 (b) of th is section. (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 (b) of this section. (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 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 (b) of this section. (f) 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 the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until LCPA 16-02 is approved by the California Coastal Commission.) Item #10 January 10, 2017 Page 6 of 32 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ day of 2017, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ______ , 2017, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk {SEAL) Item #10 January 10, 2017 Page 7 of 32 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 Exhibit 2 PLANNING COMMISSION RESOLUTION NO. 7199 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO AMEND ZONING ORDINANCE CHAPTER 21.105 (RECYCLING FACILITIES AND RECYCLING AREAS) CONSISTENT WITH STATE LAW. CASE NAME: RECYCLING REQUIREMENTS AMENDMENT CASE NO: ZCA 16-03/LCPA 16-02 WHEREAS, the City Planner has prepared a proposed Zoning Ordinance amendment and Local Coastal Program amendment, pursuant to Section 21.52.020 of the Carlsbad Municipal Code and as provided in Public Resources Code Section 30514 an.d Section 13551 of California Code of Regulations Title 14, Division 5.5, to amend Zoning Ordinance Chapter 21.105 consistent with state law; and WHEREAS, the proposed Zoning Ordinance amendment and Local Coastal Program amendment are set forth in the draft City Council Ordinance, Exhibit "A" dated, September 21, 2016, and attached hereto ZCA 16-03/LCPA 16-02 -RECYCLING REQUIREMENTS AMENDMENT; and WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program; and WHEREAS, the Planning Commission did on, September 21, 2016, hold a duly noticed public hearing as prescribed by law to consider said request for a proposed Zoning Ordinance amendment and Local Coastal Program amendment; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zoning Ordinance amendment and Local Coastal Program amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. At the end of the state-mandated six-week review period for the Local Coastal Program Amendment, starting on August 23, 2016 and ending on October 4, 2016 staff shall present to the City Council a summary of the comments received. Item #10 January 10, 2017 Page 8 of 32 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 C) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of ZCA 16-03/LCPA 16-02 -RECYCLING REQUIREMENTS AMENDMENT, based on the following findings: Findings: 1. 2. 3. 4. That the proposed Zoning Ordinance amendment is consistent with the General Plan in that the proposed amendments assist the city in implementing General Plan Sustainability Element goals and policies related to waste reduction and recycling, and reduction of greenhouse gases; and the amendments do not conflict with any other goal, objective, or policy of the General Plan. That the proposed Zoning Ordinance amendment reflects sound principles of good planning in that it ensures development will not conflict with state recycling law. That the proposed Local Coastal Program amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad Zoning Ordinance and state recycling law, and does not conflict with any coastal zone regulations, land use designations or policies, with which development must comply. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zoning Ordinance amendment. PC RESO NO. 7199 -2- Item #10 January 10, 2017 Page 9 of 32 1 2 3 4 5 6 7 8 9 10 11 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on, September 21, 2016, by the following vote, to wit: AYES: Commissioners Black, Goyarts, L'Heureux, Segall and Siekmann NOES: Chairperson Anderson ABSENT: Commissioner Montgomery ABSTAIN: VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION 12 ATIEST: 13 ~21 14 DON NEU City Planner 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7199 -3-Item #10 January 10, 2017 Page 10 of 32 as follows: ORDINANCE NO. Exhibit A September 21, 2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 21.105 OF THE CARLSBAD MUNICIPAL CODE TO MAKE THE CITY'S REGULATION OF RECYCLING REQUIREMENTS CONSISTENT WITH STATE LAW. CASE NAME: CASE NO.: RECYCLING REQUIREMENTS ZCA 16-03/LCPA 16-02 The City Council of the City of Carlsbad, California, ordains as follows: SECTION 1: That Section 21.105.010 of the Carlsbad Municipal Code is amended to read 21.105.010 Recyclable material. "Recyclable material" means reusable material including but not limited to metals, glass, plastic, cardboard, paper, and organic waste (defined in Section 42649.8 of the Public Resources Code), which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. In addition, "recyclable material" is material that is permitted to be recycled at a given site and facility. "Recyclable material" does not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b )(4) of the California Health and Safety Code. SECTION 2: That Section 21.105.060 of the Carlsbad Municipal Code is amended to read as follows: 21.105.060 Recycling areas in development projects. (a) Definitions. The following definitions are applicable to this section. (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 section are only required to serve the needs of the living units which utilize the solid waste collection and loading area. Item #10 January 10, 2017 Page 11 of 32 Exhibit A September 21, 2016 (2) almprovement" 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 defined as the space dedicated to the docking or mooring of marine vessels. (4) "Public facility" means and includes, but is not limited to, buildings, structures, marinas and outdoor recreation areas owned by a local agency. (5) "Recyclable material" is defined in Section 21.105.010 of this chapter. (6) "Recycling area" means space allocated for collecting and loading of recyclable materials. (b) 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; (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 for a single alteration which is subsequently performed that adds thirty 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 for multiple alterations which are conducted within a twelve-month period which collectively add thirty 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 for multiple alterations which are subsequently performed that collectively add thirty 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 an application for a building permit for a single alteration which is subsequently performed that adds thirty percent or more to the existing floor area of that portion of the development project which said tenant leases; Item #10 January 10, 2017 Page 12 of 32 Exhibit A September 21, 2016 (7) Any existing development project occupied by multiple tenants, one of which submits an application for a building permit for multiple alterations which are conducted within a twelve-month period which collectively add thirty 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 ~ twelve-month period multiple applications for building permits for multiple alterations which are subsequently performed that collectively add thirty percent or more to the existing floor 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 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, storm water pollution prevention, 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. (8) Developments and transportation corridors adjacent to recycling areas shall be adequately protected from any adverse impacts such as noise, odor, vectors, glare, and storm water pollutants through measures including, but not limited to, maintaining adequate separation, fencing, and landscaping. Item #10 January 10, 2017 Page 13 of 32 Exhibit A September 21, 2016 (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 shalt be 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 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 adequa~e number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project. (e) 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 (b) of this section. (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 (b} of this section. {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 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 (b) of this section. (f) 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. Item #10 January 10, 2017 Page 14 of 32 Exhibit A September 21, 2016 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 the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ day of 2016, and thereafter Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Item #10 January 10, 2017 Page 15 of 32 Exhibit A September 21, 2016 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ____ _, 2016, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Item #10 January 10, 2017 Page 16 of 32 Exhibit 3 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION P .C. AGENDA OF: September 21, 2016 ltemNo. 8 Application complete date: N/A Project Planner: Carl Stiehl Project Engineer: N/A SUBJECT: ZCA 16-03/LCPA 16-02 RECYCLING REQUIREMENTS - A request for recommendation of approval of a Zoning Ordinance amendment and Local Coastal Program amendment to amend Zoning Ordinance Chapter 21.105 (Recycling Facilities and Recycling Areas) consistent with state law. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7199 RECOMMENDING APPROVAL of a Zoning Ordinance amendment {ZCA 16-03) and Local Coastal Program amendment (LCPA 16-02), based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND This project is a city-initiated Zoning Ordinance amendment and Local Coastal Program amendment consisting of amendments to Zoning Ordinance Chapter 21.105 -Recycling Facilities and Recycling Areas. With regard to the Local Coastal Program, the Zoning Ordinance is the Local Coastal Program implementing ordinance; therefore an amendment to the Zoning Ordinance is an amendment to the Local Coastal Program. No portion of the Local Coastal Program larid use plan document is proposed to be amended. In 1995, pursuant to the California Solid Waste Reuse and Recycling Access Act, the city adopted an ordinance (Zoning Ordinance Section 21.105.060) that requires adequate area be dedicated in development projects for the collection and loading of recyclable material. In 2014, the Mandatory Commercial Recycling Organics law (Assembly Bill 1826) was enacted, which requires businesses and multifamily residential developments to recycle organic waste. The proposed amendments will ensure that the city's requirements for recycling areas in development projects are consistent with state law. Ill. ANALYSIS The proposed amendments to Zoning Ordinance Chapter 21.105 are provided in strikethrough/underline format (Attachment 2) and are summarized and analyzed as follows: A. Summary of Zoning Ordinance amendments: 1. The definition of "recyclable material" is updated to include "Cardboard" and "organic waste" as examples of recyclable material. Item #10 January 10, 2017 Page 17 of 32 ZCA 16-03/LCPA 16-02 -RECYCLING REQUIREMENTS September 21, 2016 Pa e 2 2. References to dates from the 1990s are removed as they are no longer applicable to development projects. 3. The guidelines for recycling collection and loading areas are amended to clarify that the design of such areas shall comply with storm water pollution prevention regulations. B. Analysis of Zoning Ordinance amendments: Zoning Ordinance Section 21.105.060-Recycling Areas in Development Projects-is consistent with state recycling laws, in that it requires adequate space be provided in development projects for the collection and loading of recyclable materials. Zoning Ordinance Section 21.105.060 defines "development project'' as: "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 ... and any residential project where solid waste is collected and loaded in a location serving five or more living units." Zoning Ordinance Section 21.105.010 defines "recyclable materials" as: " ... reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. In addition, "recyclable material" is material that is permitted to be recycled at a given site and facility. "Recyclable material" does not include refuse or hazardous waste materials. "Recyclable material" may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4}. of the California Health and Safety Code." In addition to the recyclable materials defined in the Section above, the Mandatory Commercial Recycling Organics law requires businesses and multifamily developments to recycle organic waste, which the law defines as "food waste, landscape and pruning waste, nonhazardous wood waste, and food soiled paper waste that is mixed in with food waste." The proposed Zoning Ordinance amendments will add "organic waste" to the definition of "recyclable material" (Zoning Ordinance Section 21.105.010}. As described above, Zoning Ordinance Section 21.105.060 currently requires adequate area be provided in development projects for the collection and loading of recyclable material; with the proposed addition of "organic waste" to the definition of "recyclable material", adequate area for the collection and loading of organic waste will be required, in addition to other recyclable materials. The other proposed amendments (removal of obsolete date references and addition of references to storm water pollution prevention regulations} will ensure the requirements for adequate recycling areas are relevant to current projects and comply with the city's regulations to prevent storm water pollution. Item #10 January 10, 2017 Page 18 of 32 ZCA 16-03/LCPA 16-02 -RECYCLING REQUIREMENTS September 21, 2016 Pa e 3 As described above, the Mandatory Commercial Recycling Organics law requires businesses and multifamily developments to recycle organic waste. The law also requires local jurisdictions to implement an organic waste recycling program designed to divert organic waste generated by businesses. The city's Environmental Programs Division is developing an organic waste recycling program in compliance with state law, which will pertain to businesses that are in operation and are generating organic waste. This proposed amendment to the Zoning Ordinance pertains to the design of development projects rather than the recycling activities of a business; the Zoning Ordinance amendment will enable businesses and multifamily developments to comply with the Mandatory Commercial Recycling Organics law by ensuring adequate space is provided on a development site for the collection and loading of recyclable materials. The proposed amendments are consistent with the General Plan and assist the city in implementing General Plan Sustainability Element goals and policies related to waste reduction and recycling, and reduction of greenhouse gases. As stated by the author (Chesbro) of Assembly Bill 1826 (Mandatory Commercial Recycling Organics law), "AB 1826 will help California achieve the state's air quality, GHG, and waste reduction goals by diverting organic materials from landfills." IV. ENVIRONMENTAL REVIEW The proposed amendments are exempt from environmental review pursuant to CEQASection 15061(8), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The changes to the Zoning Ordinance proposed by this project are to implement state recycling law adopted by the state legislature. The proposed changes are not substantial and ensure that development projects are designed to comply with state laws that are intended to protect air quality, reduce impacts to landfill capacity and reduce greenhouse gas emissions by diverting waste from landfills; therefore, the project will not result in a significant effect on the environment and is not subject to CEQA. A Notice of Exemption will be filed. ATIACHMENTS: 1. Planning Commission Resolution No. 7199 2. Proposed Text Changes to the Zoning Ordinance (Title 21) Shown in Strikethrough/Underline Format Item #10 January 10, 2017 Page 19 of 32 RECYCLING REGULATIONS ZCA 16-03/LCPA 16-02 Attachment 2 PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT AMENDMENTS TO CHAPTER 21.105.010 and.21.105.060 RECYLCABLE MATERIAL AND RECYCLING AREAS IN DEVELOPMENT PROJECTS Section 21.105.010 I 21.105.010 Recyclable material. "Recyclable material" means reusable material including but not limited to metals, glass, plastic.,, cardboard, --afl€i-paper, and organic waste (defined in Section 42649.8 of the Public Resources Code). which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. In addition, "recyclable material" is material that is permitted to be recycled at a given site and facility. "Recyclable material" does not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code. Section 21.105.060 I 21.105.060 Recycling areas in development projects (a) Definitions. The following definitions are applicable to this section. (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; (8) 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 section are only required to serve the needs of the living units which utilize the solid waste collection and loading area. (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" Item #10 January 10, 2017 Page 20 of 32 RECYCLING REGULATIONS (ZCA 16-03/LCPA 16-02) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 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 defined as the space dedicated to the docking or mooring of marine vessels. (4) "Public facility" means and includes, but is not limited to, buildings, structures, marinas and outdoor recreation areas owned by a local agency. (5) "Recyclable material" is defined in Section 21 .105.01 O of this chapter. (a§) "Recycling area" means space allocated for collecting and loading of recyclable materials. (b) 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 thirty 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 thirty 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 thirty 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 alteration which is subsequently performed that adds thirty 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 thirty 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 Page 2 Item #10 January 10, 2017 Page 21 of 32 RECYCLING REGULATIONS (ZCA 16-03/LCPA 16-02) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) subsequently performed that collectively add thirty percent or more to the existing floor area of that portion of the development project which said tenant leases. (c) Guidelines for All Development Projects. (1) Recycling ar~as 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, aAtl circulation.:. storm water pollution prevention. 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. (8) Developments and transportation corridors adjacent to recycling areas shall be adequately protected from any adverse impacts such as noise, odor, vectors ... -Gf glare ... and storm water pollutants 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. (d) Additional Guidelines for Single-Tenant Development Projects. (1) Recycling areas shall be adequate in capacity, number and distribution to serve the development project. Page 3 Item #10 January 10, 2017 Page 22 of 32 RECYCLING REGULATIONS (ZCA 16-03/LCPA 16-02) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (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. (e) 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 (b) of this section. (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 (b) of this section. (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 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 (b) of this section. (f) 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. Page4 Item #10 January 10, 2017 Page 23 of 32 Planning Commission Minutes Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER September 21, 2016 PLANNING COMMISSION 6:00 p.m. September 21, 2016 COUNCIL CHAMBERS Chairperson Anderson called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Black led the Pledge of Allegiance. ROLL CALL CORRECTED Page 1 Present: Chairperson Anderson, Commissioners, Black, Goyarts, L'Heureux, Segall and Siekmann Absent: Commissioner Montgomery STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Senior Office Specialist Teri Delcamp, Senior Planner Carl Stiehl, Associate Planner Jason Goff, Senior Planner Jason Geldert, Engineering Manager APPROVAL OF MINUTES Chairperson Anderson asked if there were any corrections or revisions to the minutes of the meeting of July 20, 2016. Commissioner Segall stated that he would like to add a preamble on page 8 indicating that he would be attending and representing the Planning Commission at the League of California Cities Planning Commission Academy Planning Committee meeting and asked the Commission for their input. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner L'Heureux to approve the minutes of the Special Meeting of July 20, 2016 as amended. VOTE: 5-0-2 AYES: Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Siekmann and Commissioner Segall NOES: None ABSENT: Commissioner Montgomery ABSTAIN: Chairperson Anderson PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Chairperson Anderson asked if anyone in the audience wished to speak to an item not on the agenda. Seeing none she asked Mr. Neu to introduce the first item. Exhibit 4 Item #10 January 10, 2017 Page 24 of 32 Planning Commission Minutes September 21, 2016 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Anderson asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 4. 4. CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT -Request for a Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit for the demolition of a restaurant and single family residence and to allow the construction of a twenty (20) unit timeshare condominium project with underground parking on approximately one acre of land located at 4509 Adams Street, on the south side of Adams Street between Highland Drive and Park Drive, within the Agua Hedionda Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 1. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to state CEQA Guidelines Section 15332 -In-fill Development Projects. The Agua Hedionda LCP Segment is in an area of deferred certification where the City of Carlsbad does not have permit authority to issue Coastal Development permits and thus, the project will need to obtain a Coastal Development Permit issued by the California Coastal Commission. Mr. Neu stated that the applicant has requested a continuance and staff is recommending that Agenda Item 4 be continued to a date uncertain subject to re-noticing given the additional study the applicant proposes to prepare and community outreach that is planned. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner L'Heureux that the Planning Commission continue Agenda Item 4 to a date uncertain subject to re- noticing. VOTE: 6-0-1 AYES: Chairperson Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Siekmann and Commissioner Segall NOES: None ABSENT: Commissioner Montgomery ABSTAIN: None Chairperson Anderson closed the public hearing on Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1 . 1. ZCA 16-03/LCPA 16-02 RECYCLING REQUIREMENTS -A request for recommendation of approval of a Zoning Ordinance amendment and Local Coastal Program amendment to amend Zoning Ordinance Chapter 21.105 (Recycling Facilities and Recycling Areas) consistent with state law. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Carl Stiehl would make the staff presentation. Mr. Stiehl gave a brief presentation and stated he would be available to answer any questions. Chairperson Anderson asked if any person in the audience wished to speak on the item. Seeing none, she opened and closed public testimony on Agenda Item 1. Chairperson Anderson stated that she has a problem with the way that the third paragraph is written on page 2, section B as it does not make it clear that the city is not requiring multifamily dwellings to divert food waste. She stated that it is all lumped together with organic waste that would put an unfair burden on property owners. Mr. Stiehl replied stating that the only change in the code is to the definition of what is considered recyclable material within the section only in the zoning ordinance. He added that the state mandate requires organic Item #10 January 10, 2017 Page 25 of 32 CORRECTED Planning Commission Minutes September 21, 2016 Page 3 waste be included within the recyclable materials. Chairperson Anderson asked if modifications to groups of units would require that whole development to modify their trash recycling areas and it is saying that an older or newer development has to provide a larger trash area to include the food waste when there is not a food waste diversion for multifamily. Mr. Stiehl stated that something like that would be reviewed by a case by case basis as it is possible a property owner will not have to change the area if they already have enough room for recycling. Mr. Kemp added that there is an exception in the law that if there is no room and a finding could be made, then it would not be required. Chairperson Anderson asked if more room meant taking up a parking space, would it mean that it is not required to take up a parking space. Mr. Kemp replied stating that if the legislative body could determine that there is no room to accommodate the extra area, then they could make a finding and not require it. Chairperson Anderson stated that she has a problem with the requirement of residential properties making accommodations for food waste diversion when they are not required to do so. Mr. Kemp clarified that the ordinance expands the definition of recyclable materials and it does not do anything beyond that. Commissioner Segall asked if there were two words added to define the ordinance further under section 42649.8. Mr. Stiehl replied yes, the terms added are 'organic waste' and 'cardboard', taking dates out from the 90's including Stormwater Pollution Prevention. Commissioner Segall stated that he does not see Chairperson Anderson's concern with food waste diversion in the strikeout version of the ordinance. Chairperson Anderson clarified that there is not a food waste diversion program anywhere in San Diego County, it is something the state would like to see but it is not happening yet. She stated that she could not see restaurants or multifamily units composting waste in a yard. Commissioner Siekmann commented that it appears to her that the state is trying to start going in that direction. Mr. Stiehl stated that some of the communication received from the state recycling department is that they anticipate there will be additional changes coming as this is a part of the legislative session two years ago. He stated that there could be future amendments similar to what is before the Commission. Mr. Neu, stated that until the waste hauler for the city specifies a need for a certain sized area, staff would find what is existing adequate. He added that over time when additional containers have been added, the city's enclosure standards have been adjusted to accommodate the waste containers. Mr. Neu stated that until the program is further developed, and service is provided, that staff would find that it is adequate or ask for additional space. Chairperson Anderson asked if there were any further questions for staff. Seeing none, she closed the public testimony. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7199 recommending approval of a Zoning Ordinance amendment (ZCA 16-03) and Local Coastal Program amendment (LCPA 16-02), based on the findings contained therein. VOTE: AYES: 5-1-1 Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Siekmann and Commissioner Segall NOES: Chairperson Anderson ABSENT: Commissioner Montgomery ABSTAIN: None Chairperson Anderson closed the public hearing on Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. ZCA 16-02/LCPA 16-01 DENSITY BONUS AMENDMENT -A request for recommendation of approval of a Zoning Ordinance Amendment and Local Coastal Program Amendment to amend the city's Zoning Ordinance to make the city's regulation of density bonuses consistent with state law. Item #10 January 10, 2017 Page 26 of 32 Planning Commission Minutes September 21, 2016 Page4 Mr. Neu introduced Agenda Item 2 and stated Associate Planner Carl Stiehl would make the staff presentation. Mr. Stiehl gave a brief presentation and stated he would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Commissioner L'Heureux asked if there is a current citywide parking study. Mr. Stiehl stated no. Commissioner L'Heureux asked if separate parking ratios for affordable housing is required. Mr. Stiehl stated no, unless a density bonus project pursuant to the tables qualifies. Chairperson Anderson stated that she has a problem with mixed development where they are complying with their percentage of low income, the market rate, and an allowance for the project to have a low parking ratio. She stated that she could see it working in a downtown area where people walk to various places close by however, she could not see seniors walking a half mile to a major transit stop. Mr. Stiehl stated that would only apply to two specific types of projects, a senior facility with a hundred percent rentals and the other is a special needs facility with a hundred percent rental for special needs only. Commissioner Segall asked what the impetus was for the legislature to create the law. Mr. Stiehl replied stating that assembly members from Los Angeles and San Francisco pushing for the legislative law however, there were a number of cities opposed as mentioned in AB744. Commissioner Segall asked if it is a state law, then the Planning Commission does not have the opportunity to vote against it. Mr. Kemp stated yes, any change to the zoning code does need to run through the Planning Commission and the update to the zoning code must be consistent with state law. Mr. Kemp added that the state has dictated the changes and that it applies to charter cities such as the City of Carlsbad. Commissioner Goyarts stated that the Commission should go on record and mention that there are more than 80 charter cities that are struggling with this requirement from the state legislature which supersedes local requirements and it is due to the need for more affordable housing. Mr. Kemp added that the legislature, has essentially said, that they feel to require more parking than they deemed necessary increases the costs of housing and to make the housing more affordable, they can cut the parking ratios as they think there is a direct correlation. Mr. Kemp stated that they have made a finding that it costs $24,000 per space for a parking structure. Commissioner Black inquired about the timing and dates of other projects that undergo the parking consideration before this update was on its way. Mr. Neu stated no, the Commission has considered a density increase through the local ordinance. He stated that a standards modification was considered and approved. Chairperson Anderson asked what the parking ratios for Quarry Creek's low income housing was approved for. Mr. Neu stated that it was varied based on the number of bedrooms per unit, 1 or slightly over 1. Chairperson Anderson stated her concerns with developers that come in and entitle projects not caring about how the project operates. Mr. Neu stated that an email submitted by Elizabeth Banks states her concerns with the proposal. Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if any person in the audience wished to speak on the item. Chris Velasco, 5480 Foxtail Loop, stated his concerns with the correlation between units and the price of an average rental and added that certain areas should be affordable near major transit areas. Chairperson Anderson asked if there was anyone else in the audience who wished to speak. Seeing none, she closed the public testimony and opened Commission discussion. DISCUSSION Commissioner Black stated that he feels he has to approve this project as it is mandated by the state. Commissioner Goyarts stated he can support the project. Commissions Siekmann stated that she can approve the project. Commissioner L'Heureux stated he feels that he should also approve this project as mandated by the state. Item #10 January 10, 2017 Page 27 of 32 Planning Commission Minutes September 21, 2016 CORRECTED Page 5 Commissioner Segall stated that he concurs with Commissioners Black and L'Heureux. Chairperson Anderson stated that she cannot vote to approve the project. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7198 recommending approval of ZCA 16-02 and LCPA 16-01 based on the findings contained therein. VOTE: 5-1-1 AYES: NOES: Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Siekmann and Commissioner Segall Chairperson Anderson ABSENT: Commissioner Montgomery ABSTAIN: None Chairperson Anderson closed the public hearing on Item 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. Commissioner Black stated that he would like to recuse himself from the dias due to potential conflict of interest. 3. CUP 16-06 -BREWERY IGNITER -Request for a Conditional Use Permit to allow two separate brewery tasting rooms as accessory uses in two separate adjacent industrial office and warehousing suites on property located in the Carlsbad Corporate Center at 5840 El Camino Real, Suites 100 and 101, in the M-Q Zone and Local Facilities Management Zone 5. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, "Existing Facilities," of the State CEQA Guidelines and will not have any adverse significant impact on the environment. A Notice of Exemption shall be filed with the County Clerk upon approval of this project. Mr. Neu introduced Agenda Item 3 and stated Senior Planner Jason Goff would make the staff presentation. Mr. Goff, gave a brief presentation and stated he would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Commissioner Segall asked if the city is consistent with other brewery hours of operation. Mr. Neu stated that the operators proposed hours and that most of them, if not all have similar closing times. Commissioner Segall asked if the applicant would have to apply for a Conditional Use Permit to change the hours of operation to open an hour early. Mr. Neu stated that if the applicant wanted to change the hours of operation to go earlier or later than proposed, the item would need to come back to the Commission as an amendment. Chairperson Anderson asked if there were any other questions of staff. Seeing none, she asked if the applicant would like to make a presentation. Bill Hofman, Hofman Planning and Engineering, 3156 Lionshead, made the presentation and stated he would be available to answer any questions. Chairperson Anderson asked if there were any questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Rolly Mesias, 3583 Wild Oak Lane, Escondido, stated that he is one of the proposed tenants and has been brewing beer for over 12 years. Mr. Mesias added that he has spent 2 years planning with starting up his business and the startup cost associated with the brewery at minimum cost $850,000. He stated that this project will allow him to financially assist in obtaining a small business loan to expand and grow his business. Item #10 January 10, 2017 Page 28 of 32 Planning Commission Minutes September 21, 2016 Page 6 Commissioner L'Heureux asked if street signage is allowable for each brewery. Mr. Goff stated signage would only be allowed on the building based on the industrial signage requirements. Chairperson Anderson asked if there were any other questions for staff. Seeing none, she asked if there was anyone else in the audience who wished to speak. Seeing none, she closed the public testimony and opened Commission discussion. DISCUSSION Commissioner Goyarts stated he can support the project. Commissioner Siekmann stated she can support the project. Commissioner L'Heureux stated that he could also support the project. Commissioner Segall stated that he can support the project. Chairperson Anderson stated she can also support the project. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner L'Heureux that the Planning Commission adopt Planning . Commission Resolution No. 7196 recommending approval of CUP 16-06, based upon the findings and subject to the conditions contained therein. VOTE: 5-0-2 AYES: NOES: Chairperson Anderson, Commissioner Goyarts, Commissioner Siekmann, Commissioner L'Heureux, and Commissioner Segall None ABSENT: Commissioner Black, Commissioner Montgomery ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 3 and thanked staff for their presentations. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of September 21, 2016 was adjourned [?t DON NEU City Planner Farah Nisan Minutes Clerk Item #10 January 10, 2017 Page 29 of 32 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Tuesday, January 10, 2017, to consider approval of a Zoning Ordinance amendment and Local Coastal Program amendment to amend Zoning Ordinance Chapter 21.105 (Recycling Facilities and Recycling Areas) consistent with state law. Whereas, on September 21, 2016 the City of Carlsbad Planning Commission voted 5-1-1 (Anderson) (Montgomery absent) to recommend approval of a Zoning Ordinance amendment and Local Coastal Program amendment to amend Zoning Ordinance Chapter 21.105 (Recycling Facilities and Recycling Areas) consistent with state law. 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 Thursday, January 5, 2017. If you have any questions, please contact Carl Stiehl in the Planning Division at (760) 602-4605 or carl.stiehl@carlsbadca.gov. If you challenge the Zoning Ordinance amendment and Local Coastal Program 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, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 16-03/LCPA 16-02 CASE NAME: RECYCLING REQUIREMENTS PUBLISH: FRIDAY, DECEMBER 30, 2016 CITY OF CARLSBAD CITY COUNCIL Item #10 January 10, 2017 Page 31 of 32 CARLSBAD UNIFIED SCHOOL DISTRICT SAN MARCOS SCHOOL DISTRICT ENCINITAS SCHOOL DISTRICT 6225 EL CAMINO REAL STE 250 101 RANCHO SANTA FE RD CARLSBAD CA 92011 255 PICO AV ENCINITAS CA 92024 SAN MARCOS CA 92069 SAN DIEGUITO SCHOOL DISTRICT LEUCADIA WASTE WATER DISTRICT OLIVENHAIN WATER DISTRICT 710 ENCINITAS BLVD TIM JOCHEN 1966 OLIVENHAIN RD ENCINITAS CA 92024 1960 LA COST A AV ENCINITAS CA 92024 CARLSBAD CA 92009 CITY OF ENCINITAS CITY OF SAN MARCOS CITY OF OCEANSIDE 505 S VULCAN AV 1 CIVIC CENTER DR 300 NORTH COAST HWY ENCINITAS CA 92024 SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 I.P.U.A. CITY OF VISTA VALLECITOS WATER DISTRICT SCHOOL OF PUBLIC ADMIN AND URBAN 200 CIVIC CENTER DR 201 VALLECITOS DE ORO STUDIES VISTA CA 92084 SAN MARCOS CA 92069 SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 REGIONAL WATER QUALITY CONTROL SD COUNTY PLANNING STATE OF CALIFORNIA BOARD DEPT OF FISH AND WILDLIFE STE 110 STE 100 3883 RUFFIN RD 2375 NORTHSIDE DR 5510 OVERLAND AV SAN DIEGO CA 92123 SAN DIEGO CA 92108-2700 SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO AIR POLLUTION CONTROL DISTRICT SANDAG STE 200 STE 800 9335 HAZARD WAY 10124 OLD GROVE RD 401 B ST SAN DIEGO CA 92123 SAN DIEGO CA 92131 SAN DIEGO CA 92101 U.S. FISH & WILDLIFE CA COASTAL COMMISSION AIRPORT LAND USE COMMISSION STE 250 ATIN KANANI BROWN SAN DIEGO CO. AIRPORT AUTHORITY 2177 SALK AV STE 103 PO BOX 82776 7575 METROPOLITAN DR CARLSBAD CA 92011 SAN DIEGO CA 92108-4402 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE MICHAEL MCSWEENEY-BIA SD CITY OF CARLSBAD STE 110 5934 PRIESTLEY DR 9201 SPECTRUM CENTER BLVD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 SAN DIEGO CA 92123-1407 CARLSBAD CA 92008 Item #10 January 10, 2017 Page 32 of 32 Carl Stiehl January 10, 2017 Agenda Item No. 10 Recycling Area Requirements ZCA 16-03/LCPA 16-02 Recycling Area Requirements •State passed Mandatory Commercial Organics Recycling Law, AB 1826 in 2014 •Requires area for organics recycling in development projects •City already requires recycling area in projects Recycling Area Requirements Updates to Recycling in Zoning: •Recyclable Materials include -Organic waste •Miscellaneous updates, include cardboard and remove dates from 1990s •Include stormwater pollution prevention Recycling Area Requirements Introduce ordinance approving an amendment to the Zoning Ordinance (ZCA 16-03) and the Local Coastal Program (LCPA 16-02) to amend the city’s regulation of recycling areas to be consistent with state law.