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HomeMy WebLinkAboutCode Amendment 88-7 - Ordinance 2958 - Amend Article 922 per tu;';ratllii� to Publish Advert�sement5 of all t101 ,,cluding; public r,- tes by Decree of the Superior Court of Orange County. , California, Number A-6214, dated 29 September. 1961. and A-24831, dated 11 June. 1963. STATE OF CALIFORNIA County of Orange PV01K Notice A0vW11Wn9 COVWbd by inn 11nl6ern a sot n 7 po-t with 10 poce column width PUBLIC NOTICE _w PUBLIC NOTICE NOTICE OF j TIME:7:00 P.M. - I am a Citizen of the United States and a resident of PUBLIC l SUBJECT: Code Amend- 88-7 the County aforesaid: I� 9 9 am over the a e of ei hteen HEARING ! merit CODE j ZONE: C2 (Community AMENDMENT IBusiness District) and C-4 years, and not a party to or interested in the below NO.e8-7 ! ,(Highway Commercial Dis-' entitled matter. I am a principal clerk of the Orange (Recycling I ItricU Facilities) .APPLICANT:City of Hunt- NOTICE IS HEREBY ington Beach Coast DAILY PILOT, with which is combined the GIVEN that the Huntington i LOCATION:City-wide Beach City Council will hold y i PROPOSAL: To establish! NEWS-PRESS, a newspaper of general circulation, a public hearing in the Coun- 'regulations to permit recycl-' cil Chamber at the Hunt- ling facilities printed and published in the City of Costa Mesa, ington Beach Civic Center, E N V I R O N M E N T A L 2000 Main Street, Hunt- STATUS: Categorically ex- County of Orange, State of California, and that a ington Beach,California,on empt pursuant to Section the date and at the time in- 115300.4 from the provisions Notice of dicated below to receive and of the California En- consider the statements of vironmental Quality Act. Public Hearing all persons who wish to be I ON FILE: A copy of the heard relative to the appli- proposed request is on file in cation described below. Ithe City Clerk's Of-ice,2000 --- I DATE: Monday, August Main Street. Huntington of which copy attached hereto is a true and complete 115, 1988 Beach, California 92648 for inspection by the public. A copy, was printed and published in the Costa Mesa, - I j copy a the staff report will ! be available to interested s at city Hall or the Newport Beach, Huntington Beach, Fountain Valley, partie Main City. Library, 7111 Irvine, the South Coast communities and Laguna Talbert Avenue and library• annexes. Beach issues of said newspaper for One tiTne ALL INTERESTED PER- SONS are invited to attend said hearing and express ctL to wit the issues) of i opinions or submit evidence for or against the application as outlined above.All applf- cations, exhibits, and de- scriptions of this proposal are on file with the Office of August 4 198 s the City Clerk, 2000 Main Street, Huntington Beach, } California, for inspection by the public. 198 HUNTINGTON BEACH CITY COUNCIL, By: CON- NIE BROCKWAY. City, Clerk,Phone(714)536-5404 198 Dated:7/28/88 Published Orange Coast Daily Pilot August 4, 1988 l Th866] 198 ---- 198 I declare, under penalty of perjury, that the foregoing is true and correct. AAA�o Executed on Au s t s 198 s orgy at Costa mesa, California. Signature L- PROOF OF PUBLICATION i __ REQUESI FOR CITY C®UNCL. AdC.,TION Date August 15, 1988 Submitted to: Honorable Mayor and City Council �P�Op Submitted by: Paul E. Cook, City Administrator e �00 Prepared by: Douglas La Belle, Director of Community Development �` � Subject: CODE AMENDMENT NO. 88-7 ' RECYCLING FACILITIES �d6r Consistent with Council Policy? [ ] Yes t7q New Policy or Exception o't Z �2 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is code amendment No. 88-8 which mends Article 922 of the Huntington Beach Ordinance code to permit recycling facilities. The Code Amendment was reviewed and approved by the Planning Commission on June 7, 1988. RECOMMENDATION: Planning Commission action on June 7, 1988: ON MOTION BY SLATES AND SECOND BY ORTEGA, THE PLANNING COMMISSION VOTED TO APPROVE CODE AMENDMENT NO. 88-7 WITH THE FOLLOWING FINDINGS AND RECOMMEND ADOPTION BY THE CITY COUNCIL BY THE FOLLOWING VOTE: AYES: Slates, Ortega, Livengood, Bourguignon, Silva, Leipzig NOES: None ABSENT: Higgins ABSTAIN: None Findings for Approval: 1. The intent of the California Beverage Container and Letter Reduction Act of.1986 will be satisfied. 2. The provisions encourage recycling and reduce letter within the City of Huntington Beach. 3. Code Amendment No. 88-7 is not in conflict with any element of the Huntington Beach General Plan. Staff recommendation is identical to that of the Planning Commission. y 1 PI O 5/85 ANALYSIS: The California Beverage Container Recycling and Litter Reduction Act of 1986 mandates the establishment of convenience zones for recycling centers. These centers must be located within the convenience zone, an area within one-half mile radius of supermarkets as shown on the attached list. The recycling act impacts local governments in that municipalities cannot deny a permit for a state certified facility. However, the City may impose zoning restrictions and establish a review process. Code Amendment No. 88-7 amends Article 922 of the Huntington Beach Ordinance Code to allow recycling facilities less than 500 square feet in size in commercial zones (C2 and C4). Recycling facilities under 500 square feet consists of reverse vending machines, drop off containers, mobile units and kiosk type containers. Larger type facilities usually are the primary use on the site and may store the recycling material either enclosed or ' unenclosed. Such facilities are currently permitted in industrial zones subject to appropriate regulations for industrial uses depending on the nature and location of the facility. Previous requests to permit recycling facilities in the City have been processed as a use permit by the Zoning Administrator. These have included reverse vending machines and drop off containers with an on-site attendant. Conditions of approval similar to the model ordinance (attached) were imposed on these facilities smaller than 500 square feet. Staff recommends that these types of facilities be subject to plan review approval by the Director. ENVIRONMENTAL STATUS: Code Amendment No. 88-7 is categorically exempt from the provisions of the California Environmental Quality Act. FUNDING SOURCE: Not applicable ALTERNATIVE ACTION: Deny Code Amendment No. 88-7 ATTACHMENTS: 1. Ordinance 2. Staff report dated June 7, 1988 and April 5, 1988 which includes Local Government Guide, Model Ordinance, and Convenience Zone Index. 3. Planning Commission Minutes of June 7 and April 5, 1988. 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Ong OrdiCo 5ervat'°5 and Pon in devel P el 1 lon t of tt°rney derati RE: hod a copy °f St to De selected keny IR con sl 1 g°ver. se issues ached 's ithin the f led to were to Ss. t t or- addrto the Re ycl'nce were cthe'r co�`�`en ante is to specs��ties due hitter ordinan w, and el °rd'n dinance ling {ac cling an at Or rev rodur- visory �°Zoning °r o{ recy;ner Rec 5eq•1 . `enters final P thiS ad e their �ittin9 a Ponta 00, et clAn9 urPose sh to re t n9 and �e a aeve Section 14o new recy uthorIty, whe ch na n9 to the 19a6 Re o rce 5 eod,bl i sh�ent 1 ocal I due autho a1 y Pert tment oft `public encourage ere wit local land ermits eration en ALiOi one stronll; • tially in delineatesh nes erne n9 th operation °f leg ou9h°ut the state-es not SubSn9uage r5e vend ug tions eats f Or located °5 A6 2020 omProm�Se s and re leS and den,Ang p which a operator 1 SS the ntal Although con d ing un nits and ru us fr°� machines if the ate, un detrime it does le recy o t rea ohibits vending . l one to ope 1 have avisiOn ity Oq er mO bite to a o? but Pr reverse industr' ty VI Lion *Al IhiS Pr°fleXibll g°vesu f a��1�t units �o°rower l °r the t roper the °a era lfar b reta`nS of ch recy ing tj in w ion from d5 at ever 1 w als, but tact mobi ate prop tte perm ifically safety,• °r erm�t d rant. lease c0nta , Priv ived wri ent spec health, exPAa.\n Perm war ante, P°{ Recycl�n9 re cal g°ve the publ c I nts o I cOndi m°del ord'DWS °5 Sacramento on ov the e{f wires local pe%its when 1 on re9arZ�ent PSS�Stan a the heague re4 n Suc rmt� Gover 3 350a t° de y further .rf of i'ocat �9161 32 to '. �o Obtain in D�Sonservat'0n Susan t of S artmen ,a De? of{iCe eg Model ZoningOrd inance . The purpose of the model zoning ordinance is to assist common terms and a common base of information. Com- local governments in responding to the requirements of the munities may adopt it as is,change it to fit their procedures; new California Beverage Container Recycling and Litter or use various pieces to amend their zoning ordinances. Reduction Act. The Beverage Container Recycling and Litter Reduction The model zoning ordinance suggests conditions and per- mit procedures for the different types of recycling facilities in different land use zones. The conditions are designed to recycling and reuse of beverage containers sold in the State of protect the community from any undesirable impacts while California.As part of that system,many new recycling facili- allowing the recycling facility to operate cost effectively. ties will be required.These facilities will be applying for local land use permits in order to begin operating by October 1, To the extent that the model encourages common terms, 1987. standards, and levels of information among local govern- Most local governments do not have provisions in their ments, recyclers may be able to predict the design and site restrictions that will be required by local governments.This zoning ordinances for siting recycling facilities. Frequently, is particularly useful for the recycling companies which have the only mention of recycling is in the context of solid waste contracted with supermarket chains to operate in many management or automobile junkyards. In addition, most communities statewide. planners are not familiar with the different types of recycling facilities and their various impacts.As a result,communities In preparing the model ordinance, the Division of Recy- may require cumbersome and expensive permit procedures cling surveyed numerous local planners and recycling com- for all recycling facilities. Other communities have infor- panies to determine the potential impacts of the different mally allowed recycling centers to operate without permits, types of recycling facilities,the concerns of planners,and the so long as there were no complaints;and some communities ways in which these concerns are handled.. A draft of the may allow recycling facilities as appurtenant uses or under model zoning ordinance was reviewed by recycling organiza- miscellaneous "similar use" clauses.Therefore, many com- tions and by city and county attorneys and planners chosen munities have decided to amend their zoning ordinances to by the League of California Cities and the County Supervi- address recycling facilities. sors'Association of California.Their comments and sugges- The model zoning ordinance and the accompanying guide- tions have been incorporated into the final document. book was written in response to this problem.Its purpose is The following are the most commonly asked questions to assist local governments in avoiding duplicative work in with answers and should provide local municipalities all the the research and drafting of an ordinance, and to provide information necessary to use the model zoning ordinance. Local GovC-:rnm___VCjAL Res"P4111 ons ib 1*111y, Congvrenien,,Lce Ld()nes That Does the California istering land use permits for recycling facilities and second, D being the lead agency in applying for exemptions to conven- ience zones. Some local municipalities have also taken the lead in the organization of meetings with grocers, recyclers; and fitter Reduction Act and planning officials to formulate a.plan of exemptions and convenience zone coverage for their community. Require The Act states that there must be a certified recycling To What Extent, Does the City facility in every convenience zone by the target date of October 1, 1987.If by January 1, 1988,there is not a facility or County Detain Control of located in a zone,each dealer who sells beverages in beverage containers,in that convenience zone must pay a fine of$100 Siting of Recycling Facilities? per day or redeem those containers at the store until a certi- fied recycling facility is established. The Act states that local municipalities shall not deny permits .to mobile recycling units or reverse vending What Are the Responsibilities machines which are certified or have applied for certification; are located on property zoned for commercial or industrial of Local Governm.ents� use within a convenience zone;and have the permission of the w property owner. In order to deny a permit under these cir- Le-a1 governments have two responsibilities;first,admin- cumstances,the local agency must specifically find,and state its reasons for finding, that the individual facility would be markets.New supermarkets.or previously unidentified super-. detrimental to.the public health, safety and well being. markets generate convenience zones only after they are listed in the Progressive Grocer Guidebook,which is published The local agency may adopt reasonable rules and regula- September of each year. The Division will inform the Pi tions concerning the operation of the recycling facility, so gressive Grocers when a new supermarket has been identifieu long as the rules and regulations are consistent with the part so it will be included in the next issue. of the Act that requires at least one certified recycling facility in each convenience zone. The Act does not address the permitting of other larger Can One Recycling Facility recycling facilities or facilities outside of the convenience zones. Serve Several Zones? A recycling facility, located in an area where several zones Can a Recycling Facility' be overlap, may serve all of those zones. Although there are 2,743 convenience zones in the State, those zones could be Certified Before it has a served by as few as 1,700 recycling facilities because of the overlapping zones. L aTid Use Permit? The Division of Recycling requires the recycler to only show evidence that he has applied for or currently complies Must Recycling Facilities be with all the necessary local permits,and has the permission of at t�Le Su errlra arket in the the property owner.For a new location this evidence can be the completed planning department application form;a letter Center of-the. Zone? from the planning department, or a business license. If a permit is denied for a recycling facility, the certification of A recycling facility may be located anywhere in the conven- that facility will be revoked. fence zone. It does not have to be on a dealer's premises.For example,some current recycling facility locations include gas stations,churches,parks,bowling alleys,antique stores,b- 1. is a Convenience Zone? erage distributors,and transfer stations. A convenience zone is defined as an area within a one-half mile radius of a supermarket.A"supermarket"for the pur- pose of the Act is defined as a full-line,self-service retail store Do Grocers Have a Preference with gross annual sales of two million dollars.($2,000,000) or more, and which sells a line of dry grocery,canned goods, for the Location of or non-food items and some perishable items. There are. Recycling Facilities? 2,743 convenience zones in the State which include thirteen, zones that have been designated by the Division as being in rural areas that are not served by large supermarkets. Many dealers would prefer that recycling facilities be located on a "neutral" property, not associated with any dealer.In this way,no dealer would have to direct customers Where the the Convenienceto. a competitor's address for recycling. However, other dealers see recycling as a way to bring customers to the store. Zones in Your Community? The Division of Recycling has prepared area maps showing What Types of Recycling all convenience zones accompanied by a list of the super- markets which are at the center of each of the zones. These Facilities Will Satisfy the maps are available for each area through the Division. , Convenience Zone why Aren't All Supermarkets Requirements? Included atS the Center of a To satisfy the convenience zone requirements,a recycling facility could be a reverse.vending machine, a mobile re Convenience Zone and When cling unit, or a permanent facility. However, a recyt facility must redeem all types of beverage containers,at least ust a Recycling Facility 30 hours a week,at one location,and pay at least the redemp- tion values prescribed by the State.At least five of those 30 be Located >Lr>i a New Zone. hours must be other than standard business hours of 9:00 a.m. through 5:00 p.m., Mondays through Fzidays. For As Rnanda;cd b=' the Act tFt w,Fe.,•r�«� G1.:7_rr 1'�-r:::krt_ cr ,,,;,' faciliti.scc>uld�ttt,e hisrequiren:en±l~rbtl :.c")ren l;r. .,.z'�<. * :rod. ;'::• 1.t".. �'„•. tr.:w � - .,�>t G, ,r, � r �,,w -�,, i.t.1c'�i ... .... .trl. ..1{'A _ ;�? _ ..}. D'. .�!rSol? .,. Can More Than One Recycling Program is convenient to the zone may be exempted from the requirements of establishing a recycling facility. The local Facility be Certified in municipality must request the exemption and hold a public hearing for input on the exemption request.The exemption a Convenience Zone? procedures are explained in a booklet available from the Division of Recycling. The Division will not limit the number of recycling facili- ties that may be certified in a zone.If several apply and meet the requirements, they will all be certified. However, they If a Convenience Zone is may not operate until they receive local land use approvals. Exempt, Must the Local Can a Local Agency Limit the Municipality Grant Permits Number of Recycling Facilities to Reverse Vending Machines in a Convenience Zone? and Mobile Recycling Units in That Zone? The Act does not prohibit local municipalities from limit- ing the number of recycling facilities in a convenience zone. The exemption does not override the mandate in the Act However, placing of a strict limit could raise problems. For that a local municipality shall not deny a permit for the example: operation of a mobile recycling unit or reverse vending • Several grocers in the zone may each want to have reverse machines.An exemption does not prevent recycling facilities vending machines or mobile units on their premises for from locating; it just means that there does not have to be a the convenience of their customers; recycling facility located in that zone. • Reverse vending machines may be accompanied on site by drop-off containers for newspaper and other glass for What Environmental public convenience and could be considered two recycling facilities; Procedures May be Required to • If the first facility that is sited is reverse vending machines, Amend a Zoning Ordinance �r residents may feel there is a need for a mobile or perman- ent center that handles large amounts of containers from customers and pays scrap value. Permit a Recycling Facility.? In addition to the permit process, there are several state mandated procedures that zoning ordinance amendments Should a Local Municipality and recycling facilities may have to meet.They are the Cali- fornia Environmental Quality A (CEQA),amendments to Limit Recycling Facility the Local Coastal Plan,the Count Solid Waste Management Locations to Convenience Zones? Plan,and the General Plan.Each takes time and may require public notice,hearings and fees. Most convenience zones consist of light commercial and • California Environmental Quality Act(CEQA),(refer residential areas only. A large recycling center or processing to CEQA Guidelines, California Administrative Code Title center may be useful to serve as a base of operations for the 14); small mobile units and reverse.vending machines, to collect The California Environmental Quality Act requires that from the commercial sector and to purchase from residents the local agency and the project proponent analyze the and businesses who recycle large quantities. These can be permitted most appropriately in industrial zones. Limiting potential environmental impacts of any discretionary pro- permitted facilities to areas within convenience zones may ject before it may be approved.An amendment to a zoning effectively preclude these larger facilities from existing. ordinance or an individual recycling facility with a var- iance or discretionary use permit may be a project and subject to CEQA requirements. (Section 15378(a)(1)of CEQA guidelines and Section 21080 of Public Resources What is a Convenience Zone Code). Exemption and How is One A project may be exempt from CEQA requirements with General Rule Exemptions. The General Rule (Sec- Obtained? tion 15061(b)(3)of the CEQA Requirements)states that the project can be declared exempt where it can be seen An exemption means a convenience zone need not be with certainty that there is no possibility that the activity served by a recycling facility and that the dealer penalties do may have a significant effect on the environment.A signif- not apply to that zone. Convenience zones which are served icant effect on the environment means a substantial or by a weekly curbside program which accepts all container potentially substantial adverse change in any of the phyEi.- tyres, or where a certified nonprof t drop-off car, buy,ba k cal conditions within the sea affected by the proic:ct including land, air, water, ambient no..e, objects of his- permitted.Ope,-ang permits cannot be granted until the toric significance, etc. Coastal Commission has concurred-"with their staff ." recommendation. Some classes of projects have been declared exempt by the Legislature or by the Secretary of Resources. These If a community's zoning ordinance already has a catchall exemptions are listed in the CEQA Guidelines. Exemp- phrase, such as listing permissible uses followed by "and tions that may apply to recycling facilities include new other uses as the Planning Director determines are consist- construction or conversion of small structures,and acces- ent with the district" no zoning amendment and/or no sory structures to existing commercial,industrial or insti- coastal plan amendment may be necessary. tutional facilities. Reverse vending machines and small collectors as defined in this model ordinance may qualify. • County Solid Waste Management Plan(CoSWMP). Several cities have prepared a Negative Declaration for Recycling facilities do not require a finding of confor- their recycling zoning ordinance amendments. They also mane with the County Solid Waste Management Plan. prepare a Negative Declaration for most recycling facili- Only waste processing and transfer facilities, which re- ties,relying on conditions of the permit,or the use permit quire solid waste facility permits from the California process to mitigate the environmental impacts. Waste Management Board, must have their locations ® Coastal Act(Section 30000 et.seq.of the Public Resources identified in the CoSWMP. However, composting facili- Code). ties using garden waste or street sweepings collected from the public are considered solid waste facilities and must be. Communities located within the Coastal Zone must in conformance with the CoSWMP. amend their Local Coastal Plans when they amend their zoning ordinances.The Coastal Commission has two sate- ® General Plan. gories of amendments—minor and major.A project quali- fies for a minor amendment when there is no change in the The zoning ordinance must be consistent with the City use of a property.The staff of the Commission will gener- or County General Plan.A General Plan amendment will ally recommend treating a zoning amendment as a minor be needed only if the zoning ordinance amendment amendment if it is exclusively for the purpose of allowing includes zoning map changes,such as changing the classifi- recycling facilities in zones where similar uses are now cation of a property from commercial to industrial use. 1/Y hat Types of Permits Are meet listed conditions.An official in charge of administer- ing the zoning ordinance,such as the zoning administrator l�7 ceded by Recycling Futilities? or planning director, grants the administrative permit based on a description of the project, building and site The model zoning ordinance suggests.permit procedures plans, and/or a site visit.for recycling facilities with different impacts in Conditional Use Permits. zones.The permits suggested in the model zoning ordinance assume that suggested conditions for the facility are met. If A conditional use permit is a discretionary procedure those conditions are not met, the model provides for an and requires notice of neighboring property owners and a alternate permit process with more discretion. public hearing where the public may offer oral and/or written testimony.Typically there are two levels;the pub- lic testimony may be taken by the zoning administrator for permit by right, administrative permits, and discretionary the minor use permit, or the hearing may be held by the use permits In addition,some communities use a site devel- Planning Commission with appeal to the Board of Super- opment permit. Permit procedures vary substantially among visors. The conditional use permit is not granted unless communities. In some communities, most uses are permits the applicant agrees to all of the conditions imposed by the by right.In other communities nearly every new use requires city or county. a conditional use permit. A use permit is suggested where there is a variety of 1 1e various types of permits are described as follows: possible designs for a large permanent facility, where 0 Permit By Right. potential negative impacts may be of public concern,and where the impacts may be greater than those of projects A permit by right is given when a facility is a'listed commonly located in that zone.Use permits are often used permitted use in the zone specifically authorized in a par- for facilities which do not meet the proposed conditions. titular zoning district by the zoning ordinance.The permit A case by case approach is needed. is issued on the basis of the application alone and the s Site Development Permits. applicant can proceed without further review other than routine inspections. A site development permit is used by several communi- ® Administrative Permits. ties and is at a level between the administrative permit and the user permit.The decision to grant this permit is made An administrative permit is given to projects which by.the planning; director .after surrounding property owners are notified of the pendini �n and have com- would be uw Dr small recycling facilities of the same mented on the permit. The applicant or the surrounding design,but lc,__.ed on different sites,and where there is no property owners may appeal the decision to the Planning opposition. An example would be reverse vending Commission. machines owned or serviced by a single operator:located at numerous sites.Mobile units using the same style trucks ® Multiple Permits. or containers,operated by one company at several similar sites,would also be eligible.In order to qualify for multi- In order to streamline the administrative process,some pie site permits,each facility would have to meet all appli- communities are considering processing several similar cable standards for administrative permits (e.g. parking recycling locations under one permit. This procedure availability, noise, setbacks,and signs). Rteh.cyding Facilities What Types of Recycling Facilities are Covered by the ' is CEmYEA Model Zoning Ordinance? All types of recycling facilities are covered in the model f 4 ke ordinance.. However, some cities may only want to include g those facilities most likely to serve convenience zones such as9 , y reverse vending machines,mobile recycling units,and small ' collectors. Others will take this opportunity to address all types of recycling facilities that might locate in their J J community. What Grouping of reverse vending machines with one machine for Yb Cat are, Reverse each beverage container type. VendingMachines? Reverse vending machines are mechanical devices that accept one or more types of empty beverage containers and issue a cash refund or redeemable coupon. Some machines will also dispense coupons and promotional materials. The machines identify containers by reading the bar code, scan- ning the shape, or by other methods. +fig ". ''7" . � .J There are two main types of reverse vending machines; � ti single-feed and bulk-feed. Single-feed machines resemble soda vending machines in size and appearance.They accept one container at a time, count the containers, and pay the Bulk reverse vending machine for aluminum cans. An addi- . "` tional machine will-be used for glass and plastic. consumer by number of containers deposited.One machine ; may take aluminum, glass, and plastic containers or there may be a separate machine for each material. d '. Bulk reverse vending machines are substantially larger. They accept several containers at once,usually pay by weight, and will hold a substantially larger amount than a single-feed " f reverse vending machine.Because of their larger size,parking lot placement,and noise,bulk vending machines_are treated in the model ordinance as small collectors. ,M is New technologies are continually being explored "for Single-feed reverse vending machine which accepts aluminum reverse vending machines such as the use of reverse vending cans, glass bottles, and-plastic bottles in the same machine. machines attached to storage chambers and placed in a park- ing lot. This configuration is also cc Toned as a small commercial and strial sites convenient to residents.,They collector. have room for limited day-to-day storage of material,'and do, not include power-driven processing equipment except as Impacts from reverse vending machines are easy to mit- part of reverse vending machines. Small collection facilities igate and prevent. Possible impacts can be litter, residues, are usually located out of doors. Both temporary and per- noise, breakdowns,appearance,placement relative to traffic manent small collection facilities would be permitted unde' patterns, and parking by customers. Since reverse vending this category with an administrative permit. Current exam" machines accept only one container at a time,it is anticipated ples of small collection facilities are: that most users will bring only small loads of containers as the average consumer visits a market three times a week. 6 single drop-off containers for newspaper or glass; What are the Permit Co)-iditions for Reverse Some communities will not require a permit for single feed reverse vending machines,but will allow them as by right in the same manner as soda or water vending machines. Other communities will want the oversight of an administrative permit. In either case,the conditions,as stated in Section 4: Criteria and Standards of the Model Zoning Ordinance, should mitigate any potential impacts. The Division is recommending a simple,over the counter approval procedure for reverse vending machines which meet a set of standards. They would be approved as an appurtenant use through an administrative use permit by the appropriate city official such as the zoning administrator or the planning director. Alternatively, reverse vending ma- chines could be considered a permit by right and will not require a permit if they meet the listed standards. If an oft ' applicant does not choose to meet the standards for an admin- IL istrative permit, a use permit approval would be required. " The conditions discussed in the model should ensure that: ® utility hookups will be according to code and the facility will be supervised and maintained in a clean and litter-free " condition;, ` ® reverse vending machines shall not occupy parking spaces required by,the primary use. Single feed reverse vending ;z� machines are small and their siting is flexible. There should be no need for them to occupy parking spaces that are required for the primary use; 0 reverse vending machines are clearly marked with instruc tions to avoid litter or other damage and have designated a responsible person to call if the machine or its surround- 0 a set of containers with a staff person on.site 30 hours a ings need attention; week to purchase materials and the containers remain on ® instructional and advertising signs are installed on the site for donation of materials at other times. Some pro- machine,however the host may erect a sign at the store to grams use igloos of,attractively painted metal containers; direct customers to the machines.It is assumed that these • a truck which arrives on site to purchase materials 30 signs will follow local codes; hours a week, and is driven off site at other times. This 0 that the size of the reverse vending machine or group of may be a special van or a vehicle used in a city's;curbside machines is limited while allowing for a variety of technolo- program; gies and configurations. • a truck collecting reusable materials for a charity such as a �1 hat Are Small Goodwill truck; • a trailer or compartmentalized roll-off bin which rema Collection Facilities? on site, and is exchanged for a new bin when full. An attendant is present 30 ,oars a week to purchase mate Small collection facilities are no larger than 500 square rials. During off hours, all equipment is loaded into the feet, are intended for collection only, and are located at trailer and locked; ., • a set of bu, ierse vending machines which accept alum- d •. _ inum, glass,and plastic beverage containers; �'' i_ • a group of small.single-feed reverse vending machines attached to igloos for storage,perhaps under a permanent ,. roof; _ • • a kiosk which may include permanent structures similar to a one-day photo service. What Are the Permit Conditions for Small Collection Facilities." A small collection facility can be attractive and well main- '' tained,or it can be a problem.The major impacts of concern river are appearance, parking spaces occupied by the facility and customers,and litter or trash left when facility is unattended. The conditions,as stated in Section 4:Criteria and Standards _ of the Model Zoning Ordinance,should mitigate any poten- tial impacts. Small collection facilities can have a wider variety of ri impacts than reverse vending machines. Some small collec- tion facilities can be standardized;others may be unique.For that reason,and because it is generally an outdoor use,some administrative oversight is needed. The Division is recom- mending an administrative permit for small collection facili- ties with no mechanical processing equipment in commercial and industrial zones or on the site of a community service fir - y i ✓. y J -' facility such as a school,church, or municipal building. Roll-off bins of this type will be modified to store all beverage The conditions discussed in the model should ensure that: containers. • the facility can be located in surplus parking spaces; RECYCLING CENTER ??% Typical Site Plan =" `. :, .,, • a parking space will be provided for an attendant if needed. No parking space is needed for an attendant who drives the mobile unit truck to the site,is delivered by the company, Lght.d or otherwise will not use the space; 40 small collectors will be set back from the street for safety; • materials are limited to source separated recyclables that ' can be loaded into containers or trucks as they arrive; daily cleanup is performed to remove litter, trash, or materials left outside the containers. Although there will S,u„9• - ELEVATION - . - - - occasionally be materials outside of containers while the attendant is handling them,no materials may be left out- 2e,,. side of containers when the attendant is not present; S;P • the name and phone number of the person responsible for the site will be displayed on the containers.In most cases N•.• the host use will monitor the performance of the P.P., - Aluminum contractor; Rovoao O MSC • the facility will be neat and attractive and the container „F7 construction is sturdy; - - Glass ♦--Lghwd.gn above • no landscaping required for the primary use may be Pbstic Oimpaired; • noise will only be generated by processing equipment associated with some reverse vending machines, material SITE PLAN handling, and customer traffic. As noise from late night A typical design for a groilping of reverse vending machines, use of 24-hour drop-off containers might alarm neighbor- attached to igloos for storage, in a parking lot: ing residents, the ordinance requires that these be place, away from residential occupancies unless they are acousti- • a drop-off and buyback recycling center operated by a. cally shielded. nonprofit organization. Employegs accept and sort mate- rial from the public;drop-off containers are usually vail- able when the facility is not attended. What Are Large Collection Facilities? What are the Permit Conditions Large collection facilities buy or accept material from the for barge_ Collection Facilities? public, move it.(often by forklift) to a shipping container, and store it until there is enough for a shipment. Large Possible impacts of a large collector on a commercial or collection facilities differ from small collection facilities in nearby residential area include customer traffic,truck traffic that they are larger than 500 square feet, would most likely hauling materials to market,appearance,possible sloppiness occupy a single site rather than being on a host use,and have or understaffed conditions, visible outdoor storage, litter, capacity for aggregating and storing larger amounts of mate- and noise from forklift, traffic, and dumping of glass. The rial on site in preparation for shipping to market.This type of conditions,as stated in Section 4:Criteria and Standards of facility is usually permanent and may include permanent the Model Zoning Ordinance,should mitigate any potential structures.A large collection facility uses little or no power- impacts. driven processing equipment. The styles and impacts of large collection facilities can vary Large collection facilities vary in design and operation and dramatically.A minor use permit is suggested for facilities in may include: neighborhood commercial zones or where mechanical pro- cessing equipment is used. Collection facilities which meet • a buyback center located at a former gas station,with most the listed standards could be acceptable in other commercial material handling indoors and with storage containers and industrial areas with a site development permit. located in or behind the building not visible to the public; The conditions discussed in the model should ensure that: • the facility does not abut a residential property; ' • the facility will operate in an enclosed building or be ,--- — 1 0 `1t screened from public view by an opaque fence,landscap- ing, and required setbacks; t • outdoor storage will be neat and contained; MOMit, • the facility will be kept free of loose debris on a daily basis; ION . • overnight donation areas are well kept,distant from resi- dential properties, and, have.containers that are secure from unauthorized entry; • there is sufficient room on site to accommodate customers and business traffic. • a multi-material drop-off center in a small city,located at a W hat.are Processing Facilities? city contractor yard with a pole barn and an office.Drop- A processing facility receives material from the public off containers accessible to the public would be located in and/or other recycling facilities and uses power-driven front of the pole barn,and materials would be sorted and stored out of view; machinery to prepare recyclable materials for efficient shin- ment.Because of economies of scale,processing facilities will often be able to pay a higher scrap price for materials than ^•w w 1 small collectors.They will attract customers who bring rela- tively large amounts of materials. . A processing facility should not be confused with a certi- fied processor.A certified processor is defined in the Act as a �A 0 facility which purchases at least one container type from - -=-r::;► �' recycling centers and "cancels" them. Cancellation consists n r of shipping the containers directly, to. their end user,. or physically processing.thetn in a prescribed and recognizable manner so that they cannot be re-redeemed. Certified pro- now'. cessors pay recycling centers their redemption values and scrap values, and often will collect materials from reverse vending machines and small collectors in convenience zones. Processing facilities, as defined in the model zoning ordi- 10 nance,do not have to be certified processors.The definitions paper from co..imereial facilities;operates several satellite and conditions for processing facilities in the model zoning centers; and processes the materials on site; ordinance will allow them to perform the tasks required of a company that processes material from a commercial certified processors. corrugated collection program.and from a community Light and heavy processing facilities are distinguished from curbside recycling program: each other in the model.A light processing facility consists of up to 45,000 square feet and has no more than two (2) shipments of material a day on.the average. This limits the volume, number of customers and size of the equipment. Heavy processing facilities are larger, have higher volume, may accept materials that are bulky or more difficult to work with; have more truck traffic, and use more powerful pro- cessing machinery. ° The impacts of processing, rocessin facilities are similar to those of smaller facilities except in degree.They include noise,Gusto- .i ►�.: mer and truck traffic; outdoor storage and appearance. Industrial impacts such as dust,fumes,smoke,and vibration are generally not created. M: Examples of processing facilities include: ,,• o a beverage distributor who buys aluminum cans and uses an aluminum can flattener,blower and/or briquettes; A heavy processing facility for aluminum cans. The conditions discussed in the model should ensure that: • the facility will not negatively impact a residential property; • the facility will operate in an enclosed building or be screened from public view by an opaque fence,landscap- _,_ ing, and required setbacks; 141 • outdoor storage will be neat and contained$ • the facility will be kept free of loose debris on a daily basis; • overnight donation areas are well kept,distant from resi- A multi-material buyback and light processing facility. dential properties, and have containers-that are secure from unauthorized entry; ® a company that buys aluminum cans,glass bottles,plastic • there is sufficient room on site to accommodate all custo- bottles, and newspaper from the public; collects office mers and business traffic. Issues Of Con, cern ' . to Local Municipalities model ordinance have assumed that recycling facilities will What Are Recyclable accept some additional materials other than those.covered by Materials? AB 2020, and are designed to mitigate those impacts. The conditions also limit materials to.those considered approp- The model ordinance defines recyclable material as includ- riate to the facility. ing but not limited to metals,glass,plastic and paper which is' intended for reuse,remanufacture or reconstitution for the What.Materials Must Certi f ied purpose of using the altered form.Recyclable material does .. not include refuse or hazardous materials. ReCyClzng FaC�hties Accept. This definition was written to include all recyclable mate- rials that could reasonably be accepted by the recycling facili- In order to meet requirements for certification, recycling tip:;ct:�•reca in the nr dinancP The conditions proposed in the facilities must accept beer.coda ansi malt beverage containers made of glass, aluminum, plastic, steel,or other material in California hazardous waste laws allow recycling programs which beverage manufacturers may choose to package their, to accept used motor oil under certain conditions without products.Containers for wine coolers,liquor coolers,juice, obtaining hazardous waste permits. The motor oil must be and other foods and beverages are not covered in the Act. delivered to the recycling facility by the household generator, in amounts of no more than 20 gallons,and in containers no larger than five (5) gallons. The recycling facility operator Are There Advantages t0 may transport it from his satellite depots to his own central g facility without a hazardous waste transport permit. Local Recycling Facilities Accepting regulations govern approval of the storage tank at the recy- cling facility. Materials may be stored for a maximum of 90 Additional Materials? days.The used motor oil is collected from the storage tank by a licensed waste oil hauler and delivered to a refining plant. A recycling facility has fixed costs of labor and equipment. A worker must be on site 30 hours a week,busy or idle.The " facility will be more economically viable if it accepts other What Noise Problems valuablematerials. Most recycling facilities currently accept May be Associated With newspaper, glass,aluminum cans, and other items and con- sider newspaper a critical part of their financial picture. Limiting recycling facilities to only beverage containers will Recycling Facilities? seriously reduce the number of organizations willing to oper- ate them because of reduced revenues. There will be less Noise conditions in the model ordinance are based on the potential for litter if recycling facilities accept all containers Model Noise Ordinance prepared by the California Depart- brought to the facility. ment of Health Services and on noise impacts of recycling equipment. Noise standards and ambient noise levels often In addition,studies of recycling behavior have shown that differ for urban,suburban and rural communities,and some participation rates increase when a facility accepts a wider have different standards for daytime and night.It is assumed range of materials. People prefer to recycle at a facility that that communities will alter the suggested noise levels in this accepts all of their household recyclables,and the commun- model according to their own conditions.The Department of ity will benefit from diversion of more materials from Health Services model allows the noise standard to be landfill. adjusted as appropriate to reflect ambient noise levels. Noise impacts vary at recycling facilities from none to Should Ree Clin Facilities substantial. Noise is generated by processing equipment, y g forklift and truck operations,dumping bins of glass at pro- cessing facilities; and customer traffic. In the conditions, Accept Used Motor Oil? noise is mitigated by limits on pow'wer;driven equipment, Used motor oil is mentioned because its disposal is a distance from residential areas and limits on operating hours. problem for many communities.With the current low price Noise levels may also be affected by placement on site,prox- of oil and high insurance rates for collectors, many service imity to reflective or absorbent surfaces,direction of the noise, and/or landscaping and fences. stations have ceased to accept used motor oil from the public. People who change their own oil have no legal or environ- For comparison of the noise levels discussed in the model, mentally sound way to dispose of it.Because the alternative is the following table lists typical,noise levels of various com- expensive cleanup,communities encourage staffed recycling mon events: facilities and curbside collection programs to provide this service to the community at cost. Noise Event (dBA) Threshold of hearing. . . . . . . . .. . . . . . . . . . . . 0 r Public Library.(no machines) . . . . . . . . . . . . . . . . . 20 Soft whisper at 5 feet,. .. . . .. . ... . .. . .. . . ... . . . . . . . 30 Quiet office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 0 ® Average home . . . . . . .. . . . . ... . ... .... ..... . . . . . 60 Speech at one foot . . . . .:. . . . . . . . . 70 a Radio set at average volume ... . .. . . ... ...... . . . 80 Subway train at 20 feet . . . . . . . . . .. . . . . .. . . 90 Cutoff saw, gun fire .. . .... ... . . .. . ... ... . . . . .. . 100 - \ Riveting machine. . . . .. .. . . . . . . . . . . . ... . . .. . . . . . 110 Threshold of pain,. . . ... . . . . 120 OOP It is suggested that local municipalities obtain noise speci- fications from applicants for all equipment to be used on A waste motor oil collection site at.a service station. their sites. What Parking Prob- its • Large Collec Facilities and Processing Facilities. CL be Associated for tnese facilities will be on site and will be required for workers and company vehicles,according to With Recycling Facilities? local standards;in addition to accommodating customers. Depending on facility design, customers park or wait in The availability of parking is an issue of concern for line to deliver their materials. The model ordinance M requiresthat there be enough room on site to accommo- date peak traffic. collectors. The model considers parking from three aspects: At some existing recycling facilities,peak traffic cannot be accommodated on site.Saturday is typically a busy day ® parking spaces occupied by recycling equipment at a host for recycling facilities that buy in bulk and pay a good price use; for materials. In some industrial locations a lineup of traffic on the street will not be disruptive, however, in 0 customer and attendant parking; some areas a traffic backup could,be detrimental. The ® circulation of pedestrians and vehicles patronizing the host planning officials are given discretion in the model ordi- use. nance to make that determination. Nlost local agencies require a minimum number of parking `' spaces for primary uses based on the nature of the facility,its What Control V V ill Local square feet of floor space, and number of employees. For a ; . . , recycling facility on a host use,enough parking must remain Municipalities ities Have Over the to serve the primary use. •. + Appearance and Visibility of In many convenience zones,parking is already at the nominal minimum requirements and existing ordinances do not allow Recycling Facilities.? the planning official to use those spaces. Santa Cruz County has devised a method of determining how many, if any, The concern of the appearance for local planners is,most required parking spaces could be used. The Santa Cruz apparent for accessory uses. Recycling facilities on perman- County plan has been included in the model for those com- ent sites must conform to local landscaping and sign niunities that need such a process. requirements. The model includes the following parking conditions for Some cities and counties prefer that accessory uses,such as the various facilities: reverse vending machines and.small collectors, conform to the colors and themes of the host use. The model zoning ® Reverse Vending Machines. ordinance makes no such blanket requirement because it . A reverse vending machine or group of machines would be very difficult for most recycling facilities.Recycling occupying no more than 50 square feet will probably be equipment, such as fiberglass igloos, may be produced in located on the storefront and will not take up space in the large quantities for use throughout the state and may be parking lot.It is not permitted to occupy required parking color-coded for different materials or have distinctive logos. spaces and must be located within 30 feet of the store Trailers and roll-off bins are exchanged when full of material. entrance. Although in some cases local recycling companies can accommodate color preferences,color-coding these facilities With this configuration, it is assumed that people will to a site could be expensive. recycle at the same time as they shop.They will park in the parking lot,bring their recyclables to the reverse vending The recycling facility should be neat and attractive and the machine in a bag or shopping cart,deposit them,and then ordinance requires sturdy container construction.The host do their shopping.This is current practice for people who use has customers to attract and an image to protect, and is use returnable soda bottles. No extra parking spaces are likely to insist that the facility be attractive.The ordinance needed for users of reverse vending machines, also does not require landscaping for.mobile facilities, although landscaping would be possible for permanent or ® Small Collection Facilities. long-term structures. Small collection facilities will occupy one to five park- The recycling facility established for consumer.conven- ing spaces depending on the type of facility. Additional fence must be easy for consumers to locate and recognize.If parking for customers is not required,but recycler traffic the recycling location is difficult for the customer to find,it is and servicing of the facility should be considered in the recommended that signs directing customers to the facility be configuration and location of the facility. A survey of allowed. Reynolds Aluminum trailers at shopping center parking lots,reported an average of two(2)customer vehicles at the facility at any one time, and a maximum of six (6) What Volume of Material vehicles on peak days. May Be Expected at A space for attendant parking must be provided only if the attendant will use it. For example, if the attendant Recycling Facilities. drives the recycling truck to the site,is dropped off by the company or uses public transportation no space is It is difficult to predict the amount of material that will be required. received by an individual recycling center.Estimates can be l made of available materials based on th- _aerage sales of Assuming 1986 c—ent market shares,a recycling facility, beverage containers(currently estimated at 370 per person that receives 100 percent of.the beverage containers used by per year), the market share.of each..type of beverage con- - 1,000 people will receive approximately 7,000 containers,or tainer, and the population served by that'recycling facility. . 1,500. pounds a week, in addition_to other materials the However,the amount received at a recycling facility depends facility may accept. One thousand people will use approxi- on the number and attractiveness of competing facilities.For , . mately 650 cans,250 bottles and 50 plastic beverage bottles a example,a set of single-feed reverse vending machines paying day in addition to refillable bottles. only redemption values will attract less material than a staffed facility that pays higher prices'and processes.larger amounts Updated volume and market share data is available from swiftly. the Division of Recycling. WAIL !' elusion and A'Ckllowledge-m- entis The model ordinance has been developed by the Division of Recycling, Local Government Assistance Section for the use of local municipalities. If you have any questions.or would like to set up a local meeting,Division staff is available. The telephone number is(916)323-3508. Acknowledgements: Brent Boger, California Office of Planning and Research California Resource Recovery Association Executive Board Robert M. Davis, C. P. Manufacturing, Inc. Dan DeGrassi, Santa Cruz County Richard Gertman,City of San.Jose Karen A.Keene,California Office of Planning and Research Craig Labadie, League of California Cities Linda Lauzzi, City of Sunnyvale . Robert LeClaire, ENVIPCO,Inc. Joni Low, County Supervisors Association of California Steve Moore,.Pacific.Rim Recycling Northern California Recycling Association Executive Board Robert Philibosian, Attorney Jim Prandi, City of San Jose Steve Scholl, California Coastal Commission Paul Sincock, 20/20 Recycling Al Strickman,Garden State Paper, Inc. Peter Whited, Reynolds.Aluminum and all others who reviewed and commented on the model.. 14 w � {� a I fLPS T(y L 1.nx , t' ..'InL t AI'Jt "'"�� �: # �� t + �• y,' k 'v n: t x �-i kit � 5�k 1 ��•,r,,,�a k 1 f -. 'S a C :t+E' � :, - .,.= n-. Y t t xr h - q _'r a 2•0 sr� .'�„��"� �£-� � S^ s }atp r t E S k A46 °Lid f2� 5i �3 w ta§ w � t .z. 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WHEREAS,the City Council/Board of Supervisors desires to make redemption and recycling of reusable materials convenient to the consumer in order to reduce litter and increase the recycling of reusable materials; and WHEREAS, the City Council/Board o,f Supervisors desires to encourage the provision of recycling services by adopting a comprehensive and easily understood program of permitting and regulating such uses; and WHEREAS, the amendments recommended by this Resolution are found by the City Council/Board of Supervisors to be necessary to provide for implementation,within the areas of (City/County) , of the California Beverage Container Recycling and Litter Reduction Act; and WHEREAS, a Negative Declaration has been issued for the proposed zoning ordinance amendment in. compliance with the California Environmental Quality Act and State and County environmental review guidelines; and WHEREAS, proceedings to consider this ordinance have been completed as required by Sections of the Code; and . NOW, THEREFORE, be it resolved by the City Council/Board of Supervisors of the City/County of 17 SEC'rION 1: Defli it. Cis ecyclabic vials.Pr'ot-essingmeans the pc,-para- tion of mat...tal for efficient shipment, or to an end-user's specifications,by such means as baling, Section of the Code is hereby amended by briquetting,compacting,flattening,grinding, adding in proper alphabetical sequence the following terms crush- accompanying definitions: ing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following: . A. Recyclable Material a. A light processing facility occupies an area of Recyclable material is reusable material including under 45,000 square feet of gross collection, but not limited to metals, glass, plastic and paper, processing and storage area and has up to an which are intended for reuse,remanufacture,or recon- average of two (2) outbound truck shipments stitution for the purpose of using the altered form. per day.Light processing facilities are limited to Recyclable material does not include refuse or hazard- baling;briquetting,crushing,compacting,grind- inous materials. Recyclable material may include used g, shredding and sorting of source-separated motor oil collected and transported in accordance with recyclable materials and repairing of reusable Section 25250.11 and 25143.2(b)(4)of the California materials sufficient to qualify as a certified pro- Health and Safety Code. cess ing facility. A light processing facility shall not sh-red,cotnpact,'or bale ferrous metals other than food and beverage containers. B. Recycling Facility b. A heavy processing facility is any processing A recycling facility is a center for the collection facility other than a light processing facility. and/or processing of recyclable materials. A certified recycling facility or certified processor means a recy- cling facility certified by the California Department of C. Reverse Vending Mctchilte(s) Conservation as meeting the requirements of the Cali- A reverse vending machine is an automated fornia Beverage Container Recycling and Litter Reduc- mechanical device which accepts at least one or more. tion Act of 1986.A recycling facility does not include types of empty beverage containers including,but not storage containers or processing activity located on the premises of a residential, commercial, or manufactur- limited to aluminum cans,glass and plastic bottles,and issues a cash refund or a redeemable credit slip with a ing use and used solely for the recycling of material value not less than the container's redemption value as generated by that residential property, business or determined by the state. A reverse vending machine manufacturer. Recycling facilities may include the may sort and process containers mechanically provided following: that the entire process is enclosed within the machine. In order to accept and temporarily store all three con - I Collection Facility tainer types in a proportion commensurate with their A collection facility is a center for the acceptance relative redemption rates,and to meet the requirements of certification as a recycling facility,multiple grouping by donation, redemption, or purchase,of recycla- of reverse vending mac ble materials from the public. Such a facility does hines may be necessary. not use power-driven processing equipment except A bulk reverse vending machine is a reverse vending as indicated in Section 4 Criteria and Standards. machine that is larger than 50 square feet;is designed to Collection facilities may include the following: accept more than one container at a time;and will pay by weight instead of by container. a. Reverse Vending Machine(s); b. Small collection facilities which occupy an area D. Mobile Recycling Unit of not more than 500 square.feet, and may include: A mobile recycling unit means an automobile,truck, trailer or van, licensed by the Department of Motor 1. A mobile unit; Vehicles which is used for the collection of recyclable 2. Bulk reverse vending machines or a grouping materials.EA mobile recycling unit also means the bins, of reverse vending machines occupying more boxes or containers transported by trucks, vans, or than 50 square feet; trailers, and used for the collection of recyclable 3. Kiosk type units which may include penman- materials. ent structures; 4. Unattended containers placed for the dona- tion of recyclable materials. SECTION ';+: Permits e. Large collection facilities which may occupy an. 1�1 L+area of more than 500 square feet and may Required include permanent structures. No person shall permit the placement, construction, or 2. Processing Facility operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this Section. A processing facility is a building or enclosed Recycling facilities may be permitted as set forth in the space used for the.collection and processing of following table.As used in the table,"Alternative Permit"is 18 Alternative Type of Facility Zones Permitted Permit Required Permit Reverse Vending All Commercial Administrative(or by right) Minor Use Machine(s) All Industrial Small Collection All Commercial Administrative Minor Use All Industrial Large Collection C-1 Minor Use Other Commercial Site Development Minor Use Industrial Site Development. Minor Use Light Processing Heavy Commercial Conditional Use All Industrial Minor Use Conditional Use Heavy Processing Light Industrial Conditional Use Heavy Industrial Site Development Conditional Use the permit that may be sought for the applicable recycling such standards or impose stricter standards as an exercise of uses if the required permit is denied,or at the discretion of an discretion upon a finding that such modifications are reason- applicant who does not want to meet.the standards for an ably necessary in order to implement the general intent of this administrative permit. Section and the purposes of this Title. In addition to the permits described in the above table a Note:If the zoning ordinance has a section requiring all activities reverse vending machine(s)or a small collection facility may in a commercial zone to be conducted completely within an enclosed also be allowed in special zones which allow uses permitted in structure and which lists exceptions, amend that section to add commercial or industrial zones with an administrative per- "recycling collection facilities" to the list of exceptions. mit; and a large collection facility or processing facility may be allowed in agricultural zones with a conditional use The criteria and standards for recycling facilities are follows: permit. A. Reverse Vending Machine(s) SECTION 3: Permits for Reverse vending machine(s) located within a com- Multlple Sites mercial structure do not require discretionary permits. Reverse vending machines do not require additional A single administrative permit may be granted to allow parking spaces for recycling customers and may be more than one reverse vending machine(s) or small collec- permitted in all commercial and industrial zones with tion facility located on different sites under the following an administrative use permit provided that they comply conditions: with the following standards: ® The operator of each.of the proposed facilities is the 1. Shall be established in conjunction with a com- same; mercial use or community service facility which is ® The proposed facilities are determined by the(Zoning in compliance with the zoning, building and fire Administrator)to be similar in nature,size and intensity codes of the City/County of ; of activity; and 2. Shall be located within 30 feet of the entrance to ® All of the applicable criteria and standards set forth in the commercial structure and shall not obstruct Section 4 are met for each such proposed facility. pedestrian or vehicular circulation; 3. Shall not occupy parking spaces required by the SECTION 4: .Criteria and primary use; 4. Shall occupy no more than 50 square feet of floor Standards space per installation, including any protective enclosure,and shall be no more than eight(8)feet 1 Those recycling facilities permitted with an administrative in height; permit shall meet all of the applicable criteria and standards 5. Shall be constructed and maintained with dur. listed.Those recycling facilities permitted with a minor use waterproof and rustproof material;. permit,conditional use permit, or site development permit ' shall meet the applicable criteria and standards,provided that 6. Shall be clearly marked to'identify the type of the Director of Planning, Planning Commission, or City material to be deposited, operating instructions, Council/Berard of Supervisors;as the case may be,may relax and the identity and phone number of the opera- for or responsible person to call if the machine is property zoned or occupied for residential use inoperative; shall operate only during the hours between 9:00 a.m. and 7.00 p.m.; 7. Shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating 11. Containers for the 24-hour donation of materials instructions; shall be at least 30 feet from any property zoned or occupied for tesidential use unless there is a rec- 8. Shall be maintained in a clean,litter-free condition ogniaed 'service corfidor and acoustical shielding on a daily basis; between the container's and the residential use; 9. Operating hours shall be at least the operating 12. Containers shall be clearly marked to identify the hours of the host use; type of material which may be deposited;the facil- ity10. Shall be illuminated to ensure comfortable and shall be clearly.inarked to identify. the name and telephone number of the facility operator and safe operation if operating hours are between dusk and dawn. the hours of operation,and display a notice stating that no material shall be left outside the recycling enclosure or containers; B. Small Collection Facilities 13. Signs may be provided as follows: Small collection facilities may be sited in commercial a. Recycling facilities may have identification and industrial zones with an administrative permit pro- signs with a maximum of 20 percent per side or vided they comply with the following conditions: 16 square feeti whichever is larger,in addition to informational signs required in Section 1. Shall be established in conjunction with an exist- ing commercial use or community service facility 4:B.12; in "the case of a wheeled facility, the which is in compliance with the zoning, building side will be measured from the pavement to and fire codes of the City/County of the top of the container; b. Signs must be consistent with the character of 2. Shall be no larger than 500 square feet and occupy the location; no.more than five(5)parking spaces not including space that will be periodically needed for removal C. Directional signs, bearing no advertising mes- of materials or exchange of containers; sage; may be installed with the approval of 3. Shall be set back at least ten (10) feet from any (Zoning, Administrator) if necessary to street line and shall not obstruct pedestrian or facilitate traffic circulation,or.if the facility is not 'visible from the public right-of-way; vehicular circulation; d. The (person authorized to grant administrative 4. Shall accept only glass,metals,plastic containers, papers and reusable items.Used motor oil maybe ermits may authorize increases in the num- accepted with permission of the local public ber�ize of signs upon findings that it is compatible with adjacent businesses. health official; 5. Shall use no power-driven processing equipment 14. The facility shall not impair the landscaping except for reverse vending machines; required by local ordinances for any concurrent use by this Title or any permit issued pursuant 6. Shall use containers that are constructed and thereto; maintained with durable waterproof and rust- - 15. No additional parking spaces will be required for proof material,covered when site is not attended, secured from unauthorized entry or removal of customers of a small collection facility located at the established parking lot of a host use.One space material, and shall be of a capacity sufficient to accommodate materials collected and collection will be provided for the attendant, if needed; schedule; 16. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during 7. Shall store all recyclable material in containers or hours when the mobile unit is scheduled to be in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is present; not present; 17. Occupation of parking spaces by the facility and by the attendant may not reduce available parking 8. Shall be maintained free of litter and any other spaces below the minimum number required for undesirable materials, and mobile facilities, at which truck or containers are removed at the end the primary host use unless all of the following of each collection day,shall be swept at the end of conditions exist: each collection day; a. The facility is located in a convenience zone or 9. Shall not exceed noise levels of 60 dBA as mea- a potential convenience zone as designated by sured at the property line of residentially zoned or the California Department of Conservation; occupied property,otherwise shall not exceed 70 dBA; b. A parking study shows that existing parking capacity is not already fully utilized during the 10. Attended facilities located within 100 feet of a time the recycling facility will be on the site; 20 c. The permit will be rec idered at the end of 6. SpL gill be provided on site for six(()'vehicles 18 months. or the anticipated peak customer'load,whichever is higher,to circulate and to deposit recyclable , A reduction in available parking spaces in an materials,except where the (Zoninu Administra- established parking facility may then be allowed as for) determines that allowing overflow traff;- follows: above six (6) vehicles is` compatible with For a commercial host use: rounding businesses and public safety. Number of Available Maximum 7. One (1)parking space will be provided for each Parking Spaces Reduciion commercial vehicle operated by the recycling facil- ity`. Parking'requirements will be as provided for 0-25 0. in the zone, except that parking requirements for 26-35 2 employees may be reduced when it can be shown 36-49. 3 that parking spaces ace not necessary such as when 50-99 4 employees are transported in a company vehicle to 100+ 5 a work facility; For a community facility host use: 8. Noise levels shall not exceed 60 dBA as measured A maximum five (5) spaces reduction will be : . at.the property line of residentially zoned prop- allowed when not in conflict with parking needs of erty, or otherwise,shall not exceed 70 dBA; the host use. 9. If the facility is located within 500,feet of property 18. If the permit expires without renewal, the collec- zoned, planned;or.oc-cupied for residential use, it shall not be in operation between 7:00 p.m. and tion facility shall be removed from the site on the . day following permit expiration. 7:00 10. Any containers provided for after-hours donation C. Large Collection Facilities of recyclable materials will be at least 50 feet from g any property'zoned or occupied for residential A large collection facility is one that is larger than use, shall be of sturdy, rustproof construction, 500 square feet,or is on a separate property not appur- shall have sufficient capacity to accommodate tenant to a host use,and which may have a permanent materials collected, and shall be secure from building. A large collection facility is permitted in unauthorized entry-or removal of materials. neighborhood commercial zones with a minor use per- 11...Donation areas will be kept free of litter and mit and in other commercial.and industrial zones with a -other undesirable material,and the containers site development permit, provided the facility meets be clearly marked to identify,the type of material the following standards: that may be deposited; facility shall display a 1. Facility does not abut a property zoned or planned notice stating that no material shall.be left outside for residential use; ..the recycling containers; 2. Facility will be screened from the public right-of- 12. Facility will be clearly marked with the name and way by operating in an enclosed building or: phone ,number,of the facility operator and the . hours of..operation;,.identification and informa- a. Within an area enclosed by an opaque fence at tional signs will meet the standards of the zone; least six(6)feet in height with landscaping; and directional signs,bearing no advertising mes- b. At least 150 feet from property zoned or sage, may be installed with the approval of the planned for residential use; and (Zoning Administrator) ,if necessary,to facili- tate traffic circulation or if the facility is not visible c. Meets all applicable noise standards in this from the public right-of-way; t ordinance; 13. Power-driven processing,including aluminum foil 3. Setbacks and landscape requirements shall be and can compacting, baling, plastic shredding,or those provided for the zoning district in which the other light processing activities necessary for effi- facility is located; cient temporary storage and shipment of material, may be approved through a usepermit process or 4. All exterior storage of material shall be in sturdy at the discretion of the (Zoning Administrator) containers'which are covered,secured,and main- if noise and other con itions are met. tained in good condition. Storage containers for flammable material shall be constructed of non- flammable material. Oil storage must be in con- ' tairwm approved by the Local Fire and/or D. Processing Facilities Healtk O icial . No storage, excluding truck A light processing facility is permitted in 1 trailers and overseas containers, will be visible above the height of the fencing; commercial zones and light industrial zones wig._ a minor use permit.'A large processor is permitted in r 5. Site shall be maintained free of litter.and any other light industrial zones with a conditional use permit.All r undesirable materials,and will be cleaned of loose processors are permitted in heavy industrial or manu- debris on a daily basis; facturing zones with a site development permit or 2. peak loan :ustomers to circulate,park anki ae- acc6rding to the practice of the `_�yi County of posit recyclable materials.If the facility is open to for similar uses the public,space will be provided for a minimum of ten(10)customers or the peak load,whichever A processor,will meet the following conditions: . is higher,except where the (Zoning Administra- 1. ty zoned or planned tor) determines that allowing over ow trattic is Facility does not abut a proper for residential use; compatible with surrounding businesses and pub- lic safety. 2. In a commercial or light industrial zone, proces- space will be provided for each sors will operate in a wholly enclosed building 10. One(1)parking p except for incidental storage,or: commercial vehicle operated by the processing center.Parking requirements will otherwise be as a. Within an area enclosed on all sides by an mandated by the zone in which the facility is opaque fence or wall not less than eight(8)feet located; in height and landscaped on all street frontages; b. Located at least 150 feet from property zoned 11. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or occu- or planned for residential use. pied property, or otherwise shall not exceed 70. 3. Power-driven processing shall be permitted,pro- dBA;. vided all noise level requirements are met. Light 12,_If the facility is located within 500 feet of property processing facilities are limited to baling,briquet- zoned or planned for residential use,it shall not be ting, crushing, compacting, grinding, shredding in operation between 7:00 p.m.and 7:00 a.m.The and sorting of source-separated recyclable mate- facility will be administered by on-site personnel rials and repairing of reusable materials; during the hours the facility is open; 4. A light processing facility shall be no larger than 13. Any containers provided for after-hours donation 45,000 square feet and shall have no more than an of recyclable materials will be at least 50 feet from average of two(2)outbound truck shipments of any property zoned or occupied for residential material per day and may not shred,compact or use; shall be of sturdy, rustproof construction; bale ferrous metals other than food and beverage shall have sufficient capacity to. accommodate containers; materials collected; and shall be secure from 5. A processing facility may accept used motor oil unauthorized entry or removal of materials; for.recycling from the generator in accordance 14. Donation areas shall be kept free of litter and any with Section 25250.11 of the California Health other undesirable material. The containers shall and Safety Code; be clearly marked to identify the type of material 6. Setbacks and landscaping requirements shall be that may be deposited. Facility shall display a those provided for the zoning district in which the notice stating that no material shall be left outside facility is located. the recycling containers; 7. All exterior storage of material shall be in sturdy 15. Sign requirements shall be those provided for the containers or enclosures which are covered, zoning district in which the facility is located. In secured,and maintained in good condition.Stor- addition, facility will be clearly marked with the age containers for flammable material shall be name and phone number of the facility operator constructed of non-flammable-material.Oil stor- and the hours of operation; age must be in containers approved by the (Local 16. No dust, fumes, smoke,vibration or odor above Fire and/or Health Of f icial) .No storage,exclud- ambient level may be detectable on neighboring ing truck trailers and overseas containers,will be properties. visible above the height of the fencing; 8. Site shall be maintained free of litter and any other undesirable materials,and will be cleaned of loose SECTION 5: Permitted Uses debris on a daily basis and will be secured from unauthorized entry and removal of materials when . Sections listing permitted uses in commercial, attendants are not present; industrial,and any other applicable zones are amended to add 9. Space shall be provided on site for the anticipated recycling facilities as defined in this amendment. 87 76510 22 Department of Conservation --- Division of Recycling Convenience Zone index by City and Supermarket Booklet 2 - Los Angeles and Orange,Counties January 20, 1987 ------------------------------------------------------- ----------------------------------------- ----------- Zone City State Nmbr Supermarket Name Address Zip Map Id # ---------------------------------------------- -------------------------------------------- ..................... Hermosa Beach Ca 675 Lucky Food Center 402 2510 Pacific Coast Hwy 90254 33,11874 677 V.ons Market'110 71.5.Pier. Ave, 90254 3311874 Highland Park Ca 567 Alpha Beta Acme Mkt 265 .5461 Figueroa;St, 90042 3411812 569 Big D Ranch Mkt 11 591.4 Monterey Rd 90042 3411812 Hollywood Ca 529 Hughes Market 26 5311 Santa Monica Blvd 90029 3411813 524 Hughes Market 3 1900 N Highland Ave 90028 3411813 526, Mayfair Mkt 114 5877.Franklin Ave 90028 3411813 523 RaLphs Grocery 13 1841 N Western Ave 90028 3411813 587 Ralphs Grocery 3 7257 Sunset Blvd 90046 3411813 Huntington Beach Ca 1405 ALbertsons Food Center 1656 10114 Adams St 92646 3311768 1413 Albertsons Food Center 1668 7101 Warner Ave 92647 3311861 1407 Alpha Beta Acme Mkt 126 21431 Brookhu.rst 92646 3311768 1411 Alpha Beta !Acme Mkt 155 6911 Warner Ave 92647 3311861 1417 Alpha Beta Acme Mkt 24 19640 Beach Blvd 92648 3311768 1420 Hughes Market 46 16821:ALgonquin.,Street 92649 3311861 1418 Lucky Food Center 409 708 West Yorktown Ave 92648 3311768 1409 Lucky Food Center 483 9051 Atlanta 92646 3311768 1419 Lucky Food Center 602 16600 Bolsa Chica Ave 92649 3311861 1406 Lucky Supermarket 424 19050 Brookhurst St 92646 3311768 1416 RaLphs Grocery 157 1904.1 Beach Blvd., 92648 3311768 1410 RaLphs Grocery 60 9901 ,Adams Ave 92646 3311768 1412 RaLphs Grocery 69 6942.'Warner'Ave 92.647 3311861 1415 Safeway Store 468 7600 Edinger Ave 92647 3311768 1408 Vons Market 160 8891 Atlanta Ave 92646 3311768 1421 Vons'Market 90 5922 Edinger Ave 92649 3311861 Huntington Park Ca 682 Big Apple Ranch Mkt 3208 E Florence Ave 90255 3311882 678 Big D Ranch Mkt 1 2525 E Gage Ave .90255 3311882 684 Boys Market 46 5964 Pacific Blvd 90255 3311882 683 Farmer Freds Ranch Market 3508 E Florence Ave 90255 3311882 681 Gate Market. 3085 E Gage Ave 96255 3311882 679 RaLphs Grocery 11 2661 E Florence 90255 3311882 680 Safeway Store 161 2911 Florence Ave 90255 . 3311882 687 Signal Market 7515 Pacific'Blvd 90255 3311882 686 Stop Rite Markets 405 6363 Santa Fe Ave 90255 3311882 685 T & R Foods 6054 Pacific Blvd 90255 3311882 688 Yangs Market 7621IState St 90255 3311882 Inglewood Ca 728 Alpha Beta Acme Mkt 99 209 Arbor Vitae Ave 90301 3311883 732 Boys Market 22 1035 S La Brea St 90303 3311883 734 Boys Market 39 11202 S Crenshaw Blvd 90303 3311883 ----------------------------------------------------------------------------------------- Page 8 huntington beach department of community development SFAf f REDORT TO: Planning Commission FROM: Community Development DATE: June 7, 1988 SUBJECT: CODE AMENDMENT NO. 88-7 - RECYCLING FACILITIES APPLICANT: City of Huntington Beach REQUEST: To amend Article 922 of the Huntington Beach Ordinance Code relating to commercial uses to permit recycling facilities . LOCATION: City-wide (C2 and C4 zones) 1 0 SUGGESTED ACTION: v Approve Code Amendment No. 88-7 with findings and forward to City Council for adoption. 2 .0 GENERAL INFORMATION: Code Amendment No. 88-7 is proposed to amend Article 922 of the Huntington Beach Ordinance Code to permit recycling facilities less than 500 square feet in size in commercial zones . The facility will be subject to development standards of the respective zone in which it is to be located and may be approved through the plan check process. Other recycling facilities (exceeding 500 square feet) are .currently permitted in industrial zones 'subject to industrial standards . 3 . 0 ENVIRONMENTAL STATUS: Categorically exempt from the provisions of the California Environmental Quality Act. 4 . 0 ISSUES AND ANALYSIS: Code Amendment No. 88-7 amends Article 922 of the Huntington Beach Ordinance Code to allow recycling facilities less than 500 square feet in size in commercial zones (C2 and C4) . This proposed code amendment was informally discussed at the April 5, 1988 Planning Commission meeting . The California Beverage Container Recycling and Litter Reduction Act of 1986 mandates the establishment of convenience zones for recycling centers. These centers must be located within the convenience zone, an area within one-hal•f mile radius of mom so= A-F M-23C supermarkets as shown on the attached list. The recycling act impacts local governments in that municipalities cannot deny a permit for a state certified facility. However, the City may impose zoning restrictions and establish a review process . Recycling facilities under 500 square feet consists of reverse vending machines, drop off containers, mobile units and kiosk type containers . Larger type facilities usually are the primary use on the site and may store the recycling material either enclosed or unenclosed. Such facilities are currently permitted in industrial zones subject to appropriate regulations for industrial uses depending on the nature and location of the facility. Previous requests to permit recycling facilities in the City have been processed as a use permit by the Zoning Administrator. These have included reverse vending machines and drop off containers with an on-site attendant . Conditions of approval similar to the model . ordinance (attached) were imposed on these facilities smaller than 500 square feet. Staff recommends that these types of facilities be subject to plan review approval by the Director. 5 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 88-7 with the following findings and forward to the City Council for adoption: FINDINGS FOR APPROVAL: 1. The intent of the California Beverage Container and Litter Reduction Act of 1986 will be satisfied. 2 . The provisions encourage recycling and reduce litter within the City of Huntington Beach. 3 . Code Amendment No. 88-7 is not in conflict with any element of the Huntington Beach General Plan. ATTACHMENTS: 1. Draft Ordinance 2 . Staff Report dated April 5, 1988, with attachments a. Local Government Guide and Model Ordinance b. Convenience Zone Index SH:SP:kla Staff Report - 6/7/88 -2- (0668d) ADMINISTRATIVE DRAFT AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 922 RELATING TO COMMERCIAL USES (CODE AMENDMENT NO. $$-7) The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. - The Huntington Beach Ordinance Code is hereby amended to read as follows : 9220. 10 Outside Uses--Storage and Display. The following regulations shall govern all outside storage or display within the C2 and C4 districts . No outside storage or display shall be permitted within the Cl district. The intent of this section is to limit the type of buildings and display items permitted within and behind the required front and exterior side yard setbacks and to establish comprehensive guidelines for the review of all such requests . The director shall consider the following issues in evaluating a plan review application for outside uses: the intended duration, location, and amount of display area; the method of display or storage; the provisions for off-street parking and landscaping; vehicular and pedestrian visibility at driveway access points; and the guarantee of removal and cleanup if the use is temporary. (a) The following items may be permitted adjacent to a commercial building within the required setback areas. Those items greater than six (6) feet in height shall be subject to the site angle requirements depicted in Diagram A. (1) The display of a maximum of ten (10) new tires . (2) Merchandise offered in conjunction with approved temporary outdoor events such as grand openings, anniversary sales, or an ownership change. Such promotional activities may not exceed thirty (30) days. (3) Auto, truck, motorcycle, boat, or recreational vehicle sales provided that a three (3) foot wide landscaping strip is provided along all street frontages in addition to the which is required by Article 960. A landscaping plan shall be submitted for approval by the departments of development services and public works in order to assure adequate pedestrian access and compliance with adopted landscape standards. (4) Nursery display including plants, new garden equipment, or trailer rentals subject to the same landscaping standards as required above for automobile sales. (5) Newspaper racks, reverse vending machines. (6) Collection containers for charitable organizations such as Goodwill or recycling provided they shall not be placed on vacant lots nor exceed 500 square feet including any required attendant parking space. (b) The following items may be permitted on a commercial site behind all required setback areas if screened from view on all sides by (1) a minimum six foot high decorative masonry wall or a building, and (2) landscaping. (1) Rental equipment (2) Patio furniture (3) Masonry items, including brick, cement, stone (4) Lumber or fertilizer provide they are limited in height to that of the adjacent screening wall. SECTION 2 . - This ordinance shall take effect thirty (30) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day Of 1988. Mayor Attest: City Clerk City Attorney Reviewed And Approved: Initiated And Approved: City Administrator Director of Community Development huntington beach department of community development STAf RE ®R TO: Planning Commission FROM: Community Development DATE: April 5, 1988 SUBJECT: STATE MANDATED RECYCLING CENTERS 1 . 0 GENERAL INFORMATION: In the fall of 1986, AB 2020, the California Beverage Container Recycling and Litter Reduction Act was signed into law. This legislation established a beverage container recycling program to be administered by the State. This program mandates the establishment of convenience zones for recycling centers where consumers can redeem for cash their beverage containers . These center must be located within the designated convenience zone, an area within one-half mile radius of supermarkets conducting a minimum $2 million in business per year. A list of stores within Huntington Beach' s "convenience zones" is attached. The recycling bill impacts local governments by stating that municipalities cannot deny a permit for a recycling facility that is State certified and to be located on private property zoned commercial or industrial . Since passage of the recycling law, requests for recycling centers have been received only .for location on commercial properties . These requests are currently being processed as a Use Permit subject to approval by the Zoning Administrator pursuant to S. 9220 . 1(c) (R) , "retail uses and services not specifically listed but of a similar nature" . Staff recommends that an ordinance be implemented to allow recycling center structures under 500 square feet in size in commercial zones subject to plan review under Section 9220 . 10 . This will reduce staff time in processing such applications since they are minor uses and ancillary to the primary use on the premises (i .e. shopping center, etc. ) . Of course, as in any review of proposed uses or structure, compliance with the zoning code in terms of setbacks, parking, landscaping, etc. is required and will be done during the plan check process . A92bk A-F M-23C 2 . 0 RECOMMENDATION: Review the attached concept to permit State mandated recycling centers and direct staff to prepare a code amendment accordingly. ATTACHMENTS• 1 . Current Code 5. 9220 . 10 2 . Local Government Guide 3 . Required Supermarket Locations SH: SP: kla Staff Report - 4/5/88 -2- (0174d) 9220 . 8--9220 . 10 than hotels and motels, the setb k may be reduced to zero subject to conditional use perm ' approval by the planning commission and provided that t e height of the structure is limited to eighteen (18 ) feet ithin forty-five feet of the common property line. (b) Projecting canopy structures and other architectural features may extend five ) feet into the required front and exterior side yard setba s for the entire width of the building . ( c ) Telephone bo hs shall be 'subject to staff approval as to location for traff c safety purposes . (d) All struct res and buildings which are subject to the fifty (50 ) feet or more setback requirement may encroach up to twenty-five (25 ) eet if additional landscaping is provided on the basis of one additional foot of landscaping for each one foot of encroac ment . The additional landscaping shall be pro- vided along th entire length of the building ' s encroachment and may be co ted toward the -equirements of Article 960. The permitted en oachments shall , in addition, be governed by the site angle r quirements depict%. d in Diagram A. (Ord . 2829, 21 May 86 ) 9220 Fencing . Fencing shall comply with the standards outlined in Article 977 . (Ord . 28291 21 May 86 ) 92 0. 9 Parking and landscapin . All developments shall be /ay uired to meet the off-street parking standards and land- scag requirements outlined in Article 960. (Ord. 2829, 21 86) 9220 . 10 Outside uses--Storage and 4isplay. The following regulations shall govern all outside storage and display within the C2 and C4 districts. No Outside storage or display shall be permitted within the C1 district . The intent of this sec- tion is to limit the type of buildings and display items per- mitted within and behind the r.cquired front and exterior side yard setbacks and to establish comprehensive guidelines for the review of all such requests . The director shall consider the following issues in eval- uating a plan review application for outside uses: the in- tended duration, location, and amount of display area; the method of display or storage; the provisions for off-street parking and landscaping; vehicular and pedestrian visibility 6/8 7 '..'" 9220 . 10 at driveway access points; and the guarantee of removal and cleanup if the use is temporary. (a) The following items may be permitted adjacent to a commercial building within the required setback areas. Those items greater than six ( 6) feet in height shall be subject to the site angle requirements. depicted in Diagram A. ( 1) The display of a maximum of ten ( 10) new tires. ( 2) Merchandise offered in conjunction with approved temporary outdoor events such as grand openings, anniversary sales, or an ownership change. Such promotional activities may not , exceed thirty ( 30) days. ( 3) Auto, truck, motorcycle, boat, or recreational vehicle sales provided that a three ( 3) foot wide land- scaping strip is provided along all street frontages in addition to that which is required by Article 960. A land- scaping plan shall be submitted for approval by the depart- ments of development services and public works in order to assure adequate pedestrian access and compliance with adopted landscape standards. ( 4) Nursery display including plants, new garden equipment, or trailer rentals subject to the same land- scaping standards as required above for automobile sale ( ew r racks N V�din`y mdeAl n esJ �e ve, e, 1W ICS� ( 6) Collection containers ' ' (b) The following items may be permitted on a commercial . site behind all required setback areas if screened from view on all sides by ( 1 ) a minimum six foot high decorative masonry wall or a building, and ( 2) landscaping. ( 1) Rental equipment ( 2) Patio furniture ( 3) Masonry items, including brick, cement, stone ( 4 ) Lumber or fertilizer provided they are limited in height to that of the adjacent screening wall 6/87 �,, A MOTION WAS MADE BY LEIPZIG, SECOND BY SILVA, TO CONTINUE CODE AMENDMENT NO. 87-13 TO THE APRIL 19, 1988 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: �. AYES: Pierce, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ASSENT: None ABSTAIN: None 1N�QTIOIN PASSED D. ITEMS NOT PUBLIC HEARING None E. DISCUSSION ITEMS E-1 CODE sMENpVNT NO 88-3 - REVIEW OF FINAL LANGUAGE (REVISIONS . TO DOWNTOWN SPECIFIC PLAN APPROVED MARCH 15, 1988) Heard as "B" Item. E-2 ELLIs-GOL•DENWEST SPECIFIC PLAN UP It was requested that the update on the Ellis-Goldenwest Specific Plan be brought back to the Planning Commission after the joint study session with the City Council on May 2,* 1988. E-3 ELECTBQNIC READER HOARDS (REFERRED BACK. To PLANNING COMMISSION By CITY COUNCIL)=BODE AMENDMENT NO, 87-15, SPECIAL SIGN PERMIT NO, 87-18, SPECIAL SIGN PERMIT NO, 87-19 No discussion. E-4 STATE MANDATED RECYCLING CENTERS A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, FOR STAFF TO DRAFT AN ORDINANCE FOR STATE MANDATED RECYCLING CENTERS UNDER 500 SQUARE FEET BE REVIEWED AND APPROVED BY STAFF; OVER 500 SQUARE FEET SUBJECT TO USE PERMIT, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: Silva (Out of Room) ABSTAIN: None MOTION PASSED PC Minutes - 4/5/88 -25- (0531d) F. PLANNING COMMISSION INQUIRIES' Staff was asked to check the parking and landscaping requirements imposed under the entitlement for the Von' s Shopping Center at Springdale and Edinger. G: PLMING COMMISSION ITEMS None H. COMIMI'ry DEVELOPMENT ITEMS None I. ADJOURNME A MOTION WAS MADE AT 12:45 AM, BY LIVENGOOD, SECOND BY LEIPZIG, TO ADJOURN TO THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, APRIL 19, 1988, BY THE FOLLOWING VOTE: AYES: Pierce, Livengood, Silva, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None ION PASSED MINUTES APPROVED: Mike Adams, Secretary Victor Leipzig, C i PC Minutes - 4/5/88 -26- (0531d) jRA Commission Bourguignon stated when develop s have vested rights to build, no one can change their minds half way through the project and that developers deserve the right t be told what they can do and allowed to do it. Commissioner Slates stated that he id not feel that a developer would want to have a vested tenta ve map because the front loading information is so intense. Commissioner Livengood stated at he would like to see the length of time of a vested map chang d. Commissioner Leipzig felt at the advantages outweighed the disadvantages and that th City would have additional control up front . A MOTION WAS MADE BY L ENGOOD, SECOND BY SLATES, TO APPROVE CODE AMENDMENT NO. 88-1, W H FINDINGS, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None MOTION PASSED FINDINGS FO APPROVAL: 1 . Cod Amendment No. 88-1 is consistent with the intent of Se ion 66498 . 1 of the Planning, Zoning and Development Laws, w ich establishes State provisions for vesting maps . 2 . Code Amendment No. 88-1 will not adversely effect the goals and policies of the Huntington Beach General Plan. C-6 CODE AMENDMENT NO 88-7 - RECYCLING FACILITIES APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 88-7 is proposed to amend Article 922 of the Huntington Beach Ordinance Code to permit recycling facilities less than 500 square feet in size in commercial zones . The facility will be subject to development standards of the respective zone in which it is to be located and may be approved through the plan check process . Other recycling facilities (exceeding 500 square feet) are currently permitted in industrial zones subject to industrial standards . 4 PC Minutes - 6/7/88 -11- (0874d) STAFF RECOMMENDATION: S ORAFT Approve Code Amendment No. 88-7 with findings and forward to City Council for adoption. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the code amendment and the public hearing was closed. A MOTION WAS MADE BY SLATES, SECOND BY .ORTEGA, TO APPROVE CODE AMENDMENT NO. 88-7, WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The intent of the California Beverage Container and Litter Reduction Act of 1986 will be satisfied. 2 . The provisions encourage recycling and reduce litter within the City of Huntington Beach. 3 . Code Amendment No. 88-7 is not in conflict with any element of the Huntington Beach General Plan. D. ON-PUBLIC HEARING ITEMS D-1 LIMITED SSIGN PERMIT NO. 88-2 APPLICANT: RICK CINCIS Limited Sign Permit-,No . 88-2 is a request to permit a change in sign face to two non-confd'rming signs and grant a two-year extension of the sign' s use. The freestanding sign is approximately 20 feet high, 106 square feet, arid, internally illuminated. The roof sign is 33 feet-8 inches long by 3 f•eet-8 inches wide (128 square feet) . Both signs advertise "AthleticeX-Press Shoe Store" . ENVIRONMENTAL STATUS: The proposed project is exempt Class (a) Section 15311 from the provisions of the California Environmentlal Quality Act . STAFF RECOMMENDATION: Approve Limited Sign Permit No. 88-2 for freesta ding signs only with findings and conditions of approval . PC Minutes - 6/7/88 -12- (0874d) Publish 8/4/88 NOTICE OF PUBLIC H&_.ING CODE AMENDMENT NO 88-7 (Recycling Facilities) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold apublic hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: Monday, August 15, 1988 TIME: 7 : 00 P.M. SUBJECT: Code Amendment 88-7 ZONE: C2 (Community Business District) and C-4 (Highway Commercial District) APPLICANT: City of Huntington Beach LOCATION: City-wide PROPOSAL: To establish regulations to permit recycling facilities ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15300.4 from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk' s Office, 2000 Main Street, Huntington Beach, California 92648 - for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library, 7111 Talbert Avenue and library annexes . ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. All applications, exhibits, and descriptions of this proposal are on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, for inspection by the public. HUNTINGTON BEACH CITY COUNCIL By: Connie Brockway City Clerk Phone (714) 536-5404 Dated 7/28/88 NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM�_®�� TO: CITY CLERK'S OFFICE DATE: J.A, _19� FROM: PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE V DAY OF 198Y AP's are attached AP's will follow =AP-' s Initiated by: Planning Commission lanning Departure t Petition * Appeal Other Adoption of Environmental Status (x) EIR ND NONE Has City Attorney's Office been YES NO informed of forthcoming public hearing? Refer to �ClSCC�t,I, 'plP�i'C -� Planning Department .- Extension #�S`o for additional information. * If appeal , please transmit exact wording to be required in the legal . t 4 Y # �S 'Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County. California. Number A-6214, dated 29 September. 1961. and A-24831. dated 11 June. 1963. STATE OF CALIFORNIA County of Orange oubhc N01" AOveAl Ong Cb"b'®d by IIMe aniaavo ,8 fa1 ,n 7 pbuN .41n 10 pce coWTn MdN PUBLIC NOTICE I am a Citizen of the United States and a resident Of &of ; the County aforesaid geighteen I am over the age of uf3llC HEARINt3> CODE AR9EleDMENT -; years, and not a party to.or interested in the below p �al clerk of the Orange NO T ICE IS EREBY ttc'ss7 { (Recyellng entitled matter. 1 am a principal � ` E its � ;;. GIVEN then the Huntington': Coast DAILY PILOT, with which is combined the 4eachPla6ningComrttlssl6nl will;fxald a public hearing In NEWS-PRESS, a newspaper of general circulation, the,Counci4 Chamber at the I �Huntlng ton�8each:,,;Civic printed and published in the City of Costa Mesa, f .ik 2000,Main street, ; Munttngto,n :,Beach, County of Orange, State Of California, and that a Calfomla,on the dateandat the time,Indicated below to i Notice Of P ub l i r Hea x i n_q receive and :conslder``.the_ statements`of,:ell-persons i who wlsh•,to 0 heard rela- ttye'to the application-de- scrlt3ed.befow: DATE/TIME Yuesdey, of which copy attached hereto is a true and complete �ui,e",7 igas,7.0o PM .APPLICATION NU,MBERC�. copy, was printed and published in the Costa Mesa, CoCe'AinendntenfNo"88-7 =yAPPLICANT City Of Hunt-:- Newport Beach, Huntington Beach, Fountain Valley, ingtonBeach LOCATIOf f::Cf wide Irvine, the South Coast communities and Laguna "ZONE REQUEST: J 4,. REQUEST"-To ;establish Beach issues of said newspaper for I time regutatlonstopermltrecycl- Inngg facllltles., <, ENVIRO°NMEN'TAL consecutive weeks to wit the issue(s) Of STATUS::Categorlcally,`ex- empt.;,pursuant,.t, Section 16300:4.fro m'the,provisions of i the rCaiffornla ,En vlronmental Quality Act. May 28 8 :ON FILE:'A copy of then (3 . 198 proposed request is on file Inn (�. the ° n;artity evele ent, 2000 Main Street,`+sHuntington 198 Beach;.Callfornle 92648,_for Inspection by the:publlc:'A copy of the;staff report will be;available to.Interested 198 pailies attClty'Hafl;'or the Main ..Clty.�llbrary',(7t11 Talbert Avenub)4 gip. =t 198 :AL� INTERESTED SONS are invited to attend said hearing. and:express opinions or submitrldence' 5 198 for or against,the application /��,• as.outlined 4 above t f;there; C 4� l� are; any further questions : 0 r iq l please calf 8usanPierce,As i sociate Planner a.538-5271: ; ov I declare, tender penalty of perjury, that the f1®" ann ng om foregoing is true and correct. '" s u ' J 1Published Orange.coast �. Dalfy Plfot May 28 1988 * Executed on May 28 , 1988 at Costa Mesa, Californi . Gzc<' ;1� Signature oftF �.° �