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HomeMy WebLinkAbout2017-01-24; City Council; ; Adopt Ordinance No. CS-312 amending Chapter 21.105 of the Carlsbad Municipal Code (Zoning Ordinance) to make the City's regulation of recycling areas consistent with Stat� CITY COUNCIL � Staff Report Meeting Date: To: From: Staff Contact: January 24, 2017 Mayor and City Council v'Kevin Crawford, City Manage�v Sheila Cobian, City Clerk Services Manager Sheila.cobian@carlsbadca.gov 760-434-2917 CA Review� Subject: Adopt Ordinance No. CS-312 amending Chapter 21.105 of the Carlsbad Municipal Code (Zoning Ordinance) to make the City's regulation of recycling areas consistent with State Law. Recommended Action Adopt Ordinance No. CS-312 amending Chapter 21.105 of the Carlsbad Municipal Code (Zoning Ordinance) to make the City's regulation of recycling areas consistent with State Law. Executive Summary /Discussion Ordinance No. CS-312 was introduced and first read at the City Council meeting held on January 10, 2017. The City Council voted 5/0 to introduce the Ordinance. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. Fiscal Analysis There is no anticipated fiscal impact. Next Steps The City Clerk will have the ordinance or a summary of the ordinance published in a newspaper of general circulation within fifteen days following adoption of the ordinance. 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 The City Clerk will have the ordinance or a summary of the ordinance published within fifteen days, if adopted. Exhibits 1.Ordinance No. CS-312 Item #9 January 24, 2017 Page 1 of 6 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: CASE NO.: RECYCLING REQUIREMENTS 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 of the 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 #9 January 24, 2017 Page 2 of 6 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. 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. (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. materials. (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 (b)Applicability. Adequate, accessible and convenient areas for collecting and loading recyclable materials shall be provided for each of the following types of development: submitted; solid waste; (1)Any new development project for which an application for a building permit is (2)Any improvements for areas of a public facility used for collecting and loading (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 #9 January 24, 2017 Page 3 of 6 (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 #9 January 24, 2017 Page 4 of 6 materials. (9)Recycling areas shall have the ability to accommodate receptacles for recyclable (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 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. 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 #9 January 24, 2017 Page 5 of 6