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HomeMy WebLinkAboutRCC AGENDA PK 1993/11/22Council Agenda Statement Item: Meeting Date: 1993 Referral No. 2803 Item Title: Ordinance: Amending Section 8.25.090 "Compost- ing" to Establish a Minimum Distance of Six Feet that A Composting Bin Must Be Placed From Adjacent Residential Property. Submitted by: Bruce M. Boogaard, City Attorney Agenda Classification: (X ) Consent ( ) Action Item ( ) Public Hearing ( ) Other: 4/5ths Vote: ( ) Yes (X) No At their meeting of September 14, 1993, during the public hearing on the yard waste recycling franchise and related ordinance amendment, the Council directed staff to establish a minimum distance that a composting bin must be located from adjacent property in order to avoid nuisance complaints. The attached ordinance establishes a six foot minimum distance that a composting bin must be placed from an exterior entrance to an adjacent residential structure. Recommendation: Adopt the attached ordinance. Boards and Commissions Recommendation: Resource Conservation Commission reviewed this proposed amendment on November 8, 1993, and voted to to support (oppose) the amendment. The minutes of their meeting are attached. Discussion: A. Features of the Ordinance. 1. If a composting bin further than 6 feet constitutes a nuisance to the adjacent property owner, the proposed ordinance does not preclude us from citing it. 2. As worded, the proposed ordinance is not dependent on lot lines, so it is applicable to apartments and condos, as well as to single family residential units. 3. The ordinance creates a private nuisance as well as a public nuisance, so it gives the private property owner a civil right of enforcement rather than rely on city enforcement resources if they do not want to. B. Options for Alternate Ordinance language not recommended. 1. The Council may desire to require that composting bins be place 6 feet from their lot lines regardless of the distance from an adjacent exterior window or other entrance. This is not recommended because it will unnecessarily constrain the use of a persons property if they are required to set their compost bins 6 feet away from their property lines, regardless of the fact that no one is, or is likely to complain of, the location. Fiscal Impact: We can expect a negligible increase in enforcement costs. Additional funds are unlikely to be needed. ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.25.090 OF THE CHULA VISTA MUNICIPAL CODE "COMPOSTING" TO ESTABLISH A MINIMUM DISTANCE OF SIX FEET THAT A COMPOSTING BIN MUST BE PLACED FROM ADJACENT RESIDENTIAL PROPERTY The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Section 8.25.090 of the Chula Vista Municipal Code is hereby amended to read as follows: Sec. 8.25.090 Composting. A. Every establisher of a Composting pile, bin, holding area or other such Composting system shall first obtain a permit from the City, if the total volume used within the boundaries of the premises for Composting is 15 cubic yards or greater. B. Every Composting pile, bin, holding area or other such Composting system shall be maintained so as to not create a public or private nuisance through visual, odor, safety and/or other means, or as prescribed in Chapter 19.66 of the Chula C. D. No single Compost pile, bin, holding area or other such Composting system on a Residential Single-Family (as defined in Ordinance No. 2443) premises shall be more than 5 feet in height and/or greater than 6 feet in width or length. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented and Approved as to form by Bruce M. Boogaard, City Attorney c:~o~~azso9o The owner, operator, or occupier of property containing a Compost pile, bin, holding area or other such Composting system that is greater than 5 feet high, 5 feet wide and 5 feet in length shall weekly monitor temperature, through utilization of a thermometer designed for such purposes. ""'Y" ~ Resource Conservation Commission City of Chula Vista Chula Vista, California To: City Council Subject: Purchasing Background. Earlier this year, a Public Notice appeared in the Chula Vista Star-News publishing the revised purchasing policy for the city. There was no definitive statement on procurement of recycled materials in that policy. Athena Bradley informed members of this Commission that there was an unwritten policy and it "was too late" to change the published policy statement. Recommended Action. The City take a firm, public position on procurement of recycled materials for use in administration and operations. We suggest that the statement be strongly worded in a manner similar to: "will afford precedence to procurement of products containing recycled materials. Exceptions to this rule would apply only when the recycled material content is prohibited by state or Federal regulations or does not meet specific specifications of the user. When the price of the product containing recycled materials is within 10 percent of the price of the lowest qualified bidder or list price, preference will be given to the product containing recycled materials." ~w-'~~' a~~'"'[` Resource Conservation Commission City of Chula Vista Chula Vista, California To: City Council Subject: Compost Background. The City of Chula Vista recently imposed a mandatory yard waste program on its residents. The objective is to reduce the amount of organic material unnecessarily being dumped at either the Otay Landfill or that diverted to commercial application. In the meantime, there is a growing amount of composting/ed material available outside the Otay Landfill for public use. The material is available at no cost. Users must provide their own containers and transportation. Recommended Action. quarterly, the City deliver full containers of this composted material to two or more locations within the city limits. Material containers would be dropped off mid-day on Friday and retrieved the following Monday. Compost would be available at the locations for individual residential purposes. Perhaps senior citizens could be provided with hand-out material and be available to answer non-technical questions on use of compost. By bringing the compost back to the users home territory, resident s might be more receptive to use of the compost and acceptance of the yard waste program. This action should be evaluated following not less than two weekends of availability. negative declaration PROJECT NAME: PROJECT LOCATION: ASSESSOR'S PARCEL NO: PROJECT APPLICANT: CASE NO: IS-94-O1 A. Project Settin¢ DATE: August 31, 1993 The project setting consists of a 30,800 square foot section of Moss Street immediately east of the westerly stub street of Alpine Avenue and immediately north of the intersection of First Avenue and Naples Street. Immediately south of the above described section of Moss Street is a vacant 8,322.98 square foot triangular piece of vacant land. Single family homes are located to the west across Alpine Avenue and to the south across Naples Street. The San Diego Country Club, a golf course with club house facilities, is located to the immediate north of Moss Street. To the east of the proposed project is neighborhood shopping. B. Proiect Description The project description consists of the vacation or closing of a 30,800 sq. ft. section of Moss Street east of Alpine Avenue and west of First Avenue. The northern portion of Moss Street will become part of the holdings of the 'San Diego Country Club and the southern half would be added to the triangularly shaped parcel to the south. Discretionary actions that are required for this include the finding of Genera] Plan Consistency and the action for approval of the closing of Moss Street. The applicant's eventual plan is that the San Diego Country Club will quit-claim or transfer title of their portion of Moss Street to the Ferriera children's partnership in consideration of the Ferriera children putting in the missing curbs and gutters on the San Diego Country Club side of the Street -the remaining portion of Moss from Third Avenue to the realigned Moss stub street of Alpine. Access to the property will be allowed along Naples; however, access on Moss Street will be limited to one driveway at a location determined to provide safe ingress and egress as determined by the City Traffic Engineer. The applicant eventually plans to apply for a tentative parcel map for 4 units or subdivide the property into 5 units. Vacation of a Portion of Moss Street Moss Street between Naples Street and Alpine Avenue Not applicable as streets fall under the non-assessed tax roll San Diego Country Club and Country Club Villa Estates city of ehula vista planning d~putm~nt ~nvironmsntal nvi~w section ~~tr~ .~:+..: ~M~ 21.1 ~ an of CHULA VISTA -2- C. Compatibility with Zonine and Plans The eventual plans to apply for a tentative parcel map for 4 units or a subdivision for 5 units will be in compliance with the zoning and General Plan designation for the project site, which is single family residential. D. Identification of Environmental Effects An initial study conducted by the City of Chula Vista determined that the proposed project will not have a significant environmental effect, and the preparation of an Envirotunental Impact Report will not be required. A Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Traffic Traffic Engineering has determined several traffic measures should be implemented relating to the proposed vacation of Moss Street. The applicant must allow for an increase of right-of-way on Naples and Alpine Street adjacent to the southern parcel on Moss Street in accordance with the City of Chula Vista roadway design standards. The applicant must put curbs and gutters within a 3 year period from the transfer of property subsequent to the approval of the street vacation. The project will include stop sign controls at Moss Street and Naples Street and attendant warning devices as deemed necessary by the City Traffic Engineer. A stop sign will be installed on Naples at Moss Street to create athree-way stop controlled intersection. The applicant must provide a 52' roadway which will be an expansion from the existing 20' roadway. These traffic measures enhance traffic safety and provide more efficient flow of traffic within this area adjacent to the project. E. Water Due to recent drought conditions, as a condition of project approval, the applicant must agree to no net increase in water consumption or participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. F. Mitigation necessary to avoid significant effects As no significant effects are expected mitigation measures are not necessary. G. Mandatory FindinQS of Significance Based on the following findings, it is determined that the project described above will not have a significant environmental impact and no environmental impact report needs to be prepared. 1. The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife -3- population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. The proposed project, the vacation of Moss Street does not have the potential to degrade or reduce any existing habitat as the project consists of the closing of a street and has therefore been denuded of any habitat long ago. 2. The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. This project is consistent with the general plan and does not have the potential to achieve short term environmental goals to the disadvantage of long term environmental goals with guidelines. 3. The project has possible effects which are individually limited but cumulatively considerable. As used in the subsection, "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. This project does not have the potential to be individually limited but cumulatively considerable. The main concern raised by residents was in regard to traffic flow. The traffic engineers who reviewed the project. Staff are confident that the 4. The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. The proposed project will not cause a substantial adverse effect on human beings either directly or indirectly as it must meet all Code requirements and requirements of various City departments. H. Consultation 1. Individuals and Organizations City of Chula Vista: Roger Daoust, Engineering John Lippitt, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering Bob Sennett, Planning Frank Herrera-A, Planning Martin Miller, Planning -4- Steve Griffin, Planning Ken Larsen, Director of Building and Housing Alex Saucedo, Building Department Carol Gove, Fire Marshal Rod Hastie, Fire Department Captain Keith Hawkins, Police Department Mary Jane Diosdado, Police Department Martin Schmidt, Parks and Recreation Department Barbara Reid, Planning Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: San Diego Country Club and Country Club Villa Estates 2. Documents Chula Vista General Plan Safety Commission Report, Speed Limit -Engineering/Traffic Survey: Naples Street (Third Avenue-First Avenue) Naples Street (First Avenue-Hilltop Drive) 3. Initial Study This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for the Negative Declaration. Further information regarding the envirommental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. f:1VVIR0 ENTAL REVIEW COORDINATOR \MOSS.N