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HomeMy WebLinkAboutAgenda Statement 1988/01/19 Item 14• COUNCIL AGENDA STATEMENT Item 14 Meeting Date 1/19/88 ITEM TITLE: Public Hearing: Zoning Ordinance Amendment PCA 88-4; to amend Title 19 (Zoning) of the ~~iunicipal Code to regulate recycling facilities mandated by AB 2020 (The Bottle Bill) Ordinance Regulating recycling facilities mandated by AB 2020 Resolution~~ ~ Adopting design standards to be utilized in the establishment of recycling facilities mandated by the Bottle Bill n ;~ SUBMITTED BY: Director of Planning ~4 REVIEWED BY: City Manager ~ ~ (4/5ths Vote: Yes No X ) The City Council, on October 13, 1987, enacted an urgency ordinance to amend the zoning ordinance on an interim basis to regulate recycling facilities mandated by the California Beverage Recycling and Litter Reduction Act, passed by the State Legislature in 1986. As part of the newly mandated system, • beverage recycling facilities must be established within 1/2 mile of every major supermarket with a gross income of two million dollars or more (designated as convenience zones) throughout the City. The Act states that there must be a certified recycling facility in every convenience zone by a target date of October 1, 1987, with the possibility that fines may be levied on beverage dealers if t~~e facilities are not in place by January 1, 1988. The urgency ordinance was enacted for a period of 90 days with a provision that the ordinance amendment be brought back for consideration as a permanent ordinance at the end of the 90-day period. The proposed ordinance amendments are categorically exempt from environmental review under Section 15303 (3c) of the Guidelines of the California Environmental Quality Act. RECOMMENDATION: 1. Amend Title 19 of the Municipal Code to regulate recycling collection centers as shown in exhibit A attached and made a part hereto. 2. Adopt the proposed design standards for recycling collection centers mandated by AB 2020. • • ~ Page 2, Item 14 Meeting Date~l9/gg BOARDS/COMMISSIONS RECOMMENDATION: The P~lontgomery Planning Committee at its meeting of November 18, 1987, recommended by unanimous vote that the City Council amend the Zoning Ordinance to regulate recycling collection centers and adopt design standards for these uses as outlined in the staff recommendation. The Planning Commission, at its meeting of December 2, 1987, voted unanimously to recommend that the City Council amend the zoning ordinance to regulate recycling collection centers as reflected in the staff recommendation. DISCUSSION: The Beverage Container Recycling Act requires that at least one recycling facility be placed within a 1/2 mile radius of all supermarkets with gross incomes of two million dollars or more within the City limits. These areas are referred to by the State as convenience zones; Chula Vista presently has twelve such zones, with more to be added in the future, particularly in the eastern territories, as new supermarkets are constructed. A recycling facility may take the form of reverse vending machines, collection bins, a mobile recycling unit or a permanent facility. These facilities must accept all types of beverage containers, and pay at minimum the redemption values prescribed by the State. In addition, they must be in operation at least 30 hours a week; five of those hours must be outside the standard business hours of 9:00 a.m. to 5:00 p.m., P~londay through Friday. Most major supermarket chains have contracted with recycling firms or are in the process of doing so in order to provide required facilities at each of their member stores statewide. Some of the markets with agreements include Albertsons, Lucky Stores (Food Basket), Safeway, Alpha Beta, Ralphs and Vons. The Planning Department is currently processing three conditional use permits for beverage recycling centers under the terms of the interim ordinance, and two additional applications are being prepared by recycling firms for submittal. The State Recycling Act prohibits municipalities from denying permits to mobile recycling units or reverse vending machines which are certified (or have applied for certification), are located on property zoned for commercial or industrial use within a convenience zone, and have the permission of the property owner. Under these circumstances, local jurisdictions may only deny permits for facilities of this type if it is specifically found and reasons stated that the individual facility would be detrimental to public health, safety, and well being. Local jurisdictions may limit the number of facilities within a convenience zone, but must permit at least one. Recycling facilities are still considered a project under the California Environmental Quality Act, and are subject to environmental review on a .case-by-case basis. • Page 3, Item 14 Meeting Date 1/1988 It is possible for a local jurisdiction to apply for an exemption from the requirement for convenience zones if a city or county has a voluntary or mandatory curbside recycling operation in place. In curbside programs, homeowners separate recyclable articles from their trash and leave them out for pickup on a specified day. Curbside programs may be conducted in conjunction with regular trash service. Chula Vista is not eligible for an exemption since there are no programs of this nature in operation or anticipated in the near future. The County of San Diego is, however, exploring the feasibility of such a program, and may in the future wish to include cities which use County landfills in a curbside recycling project. In order to accommodate the requirements of the Recycling Act, both Title 19 of the Municipal Code and the zoning ordinance governing Montgomery must be modified. The Municipal Code makes no provision for recycling centers, either as an accessory or a primary use. The Montgomery zoning ordinance contains a "recycling collection center" use type, which is permitted in C-37, C-38, C-40, M-54 and M-58 zones, but is restricted to collection receptacles not to exceed 128 cubic feet per parcel in C-35 and C-36 zones. A minor use permit must be obtained to install receptacles holding a total of more than 192 cubic feet per legal parcel in all other commercial and limited industrial use regulations. The limitation on the amount of cubic feet stored is especially restrictive for C-36 use regulations, since they are the most likely locations • for major supermarkets to operate. The zoning ordinance for Montgomery gives no direction with regard to site design or aesthetic treatment as applied to the recycling collection center use type. Staff is recommending that recycling facilities be separated into three general categories, and be permitted within commercial and industrial zones within a convenience zone, subject to varying degrees of review. Reverse vending machines of the type shown illustrated in Exhibit B could be permitted as an accessory use to a grocery or other general retail use subject to administrative site plan review by the Planning Department. Most reverse vending machines will also require a building permit to accommodate the increased power requirements needed for the machines, since they usually exceed the normal requirements of beverage vending machines. Tl~e number of reverse vending machines subject to administrative site plan review should not exceed three, or 150 square feet of occupied area, since installation of more machines tends to present a more dominant visual display and should be evaluated as a zoning administrator approved CUP. Collection bins, bulk reverse vending machines, and other small collection facilities could be allowed as an accessory use subject to a zoning administrator approved CUP for facilities occupying an area not to exceed 300 square feet. These types of small collection facilities require more in-depth review in terms of site design and aesthetics, in that they often are located in required parking spaces, are more visually predominant, and may require • operation by permanent employees. ,,: . • ~ Page 4, Item 14 Meeting Date~19Lgg All other collection facilities exceeding 300 square feet of occupied area, either mobile or permanent, should be subject to a conditional use permit approved by the Planning Commission. These facilities may have a permanent building, be located on a separate facility not appurtenant to a host use, have open storage, and emit higher noise levels associated with processing recycled articles into bales or bricks for transportation. It can be assumed that higher volumes of recycled materials are accommodated by this size facility. It should be noted that large collection centers should process recycled articles only for shipment to another location and only as an accessory to collection activities. Industries ~vhich process or manufacture recycled articles into other materials as a primary use are more appropriately categorized as an industrial activity and would be subject to different zoning regulations. In order to insure that properties which contain recycling collection centers do not become littered with trash and debris and that recycled materials are removed on a regular basis, staff is recommending that site plan approval or a conditional use permit can be revoked by the permitting authority upon presentation of evidence that a center is not being maintained in a safe and sanitary manner. Finally, staff has prepared design standards which would establish criteria for evaluating the location and design of the range of recycling collection facilities which could be established within the convenience zones. The standards define the characteristics of each type of recycling center, stipulate adherence to noise and performance standards, and determine parking, setbacks, buffer areas, and requirements for landscaping and design review. Proposed design standards are included in Exhibit C of this report. FISCAL IMPACT: tdorre. WPC 4666P ~ ~~~" by the City C~?anri of Chula Vista, C~:;i~or~nia Dated ~ _ ~~-~ ~~ by the ity Council of C`.ula Vista, California Dated ~~~ ~~