HomeMy WebLinkAbout2016-09-21; Planning Commission; ; ZCA 16-03/LCPA 16-02 RECYCLING REQUIREMENTSThe City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
P .C. AGENDA OF: September 21, 2016
ltemNo. G)
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 land 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 It recyclable material" is updated to include 11Cardboard" and "organic waste"
as examples of recyclable material.
ZCA 16-03/LCPA 16-02-RECYCLING REQUIREMENTS
September 21, 2016
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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 References to dates from the 1990s are removed as they are no longer applicable to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:
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••• 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, It recyclable material" is material that is permitted to be recycled
at a given site and facility. 11Recyclable 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 11food 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 110rganic waste" to the definition of 11recyclable
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 110rganic 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.
ZCA 16-03/LCPA 16-02-RECYCLING REQUIREMENTS
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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(B),
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
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, --aRG-paper, and organic waste (defined in Section 42649.8 of the Public Resources
Codet 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 21.1 05.060 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;
(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"
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 .105.010 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
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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 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,
afl6 circulation.l 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.l-eF glare.l
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.
( 1 0) 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.
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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.
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