Loading...
Ordinance - 1902ORDINANCE NO. 1902 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE, • CHAPTER 26 (ZONING), AS IT RELATES TO MATERIALS RECOVERY FACILITIES AND SOLID WASTE TRANSFER AND PROCESSING FACILITIES (AMENDMENT NO. 248) WHEREAS, the California Integrated Waste Management Act of 1989 (AB939) requires every city and county in the state to prepare a Source Reduction and Recycling Element ("SRRE") that identifies how each jurisdiction will meet the mandatory waste diversion goals of 25% by 1995, and 50% by 2000, set by the state; and, WHEREAS, in compliance with AB939, the City of West Covina has developed and is in the process of considering its Source Reduction and Recycling Element; and, WHEREAS, one of the proposed objectives of the SRRE is to site and implement a materials recovery facility (if environmen- tally, economically, and institutionally feasible) within the city limits by no later than the middle of 1996; and, WHEREAS, on September 18, 1991, the Planning Commission adopted Resolution No. 9-91-3990, initiating an amendment to the zoning code as it relates to establishing provisions and develop- ment standards for materials recovery facilities (MRFs) and solid waste transfer and processing stations ("transfer station"); and, WHEREAS, the Planning Commission, upon giving the required notice, did on the 13th day of January, the 17th day of March, and the 13th day of April 1992, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, based upon an initial study conducted for Amendment No. 248, it. was determined that the project, in and of itself, would not result in any potential adverse significant environmental impacts, and a Negative Declaration of Environmental Impact was prepared; and, WHEREAS, the City Council of the City of West Covina consider- ed evidence presented by the Planning Department, Planning Commission, and other interested parties at a duly advertised public hearing on the 19th of May, 1992; and WHEREAS, the oral and documentary evidence considered in connection with the code amendment reveal the following facts: 1. California is faced with diminishing landfill capacities making it imperative to consider alternative waste handling methods short of major changes in industry practices and consumer habits. 2. The recycling of materials and diversion of solid wastes from local landfills are viable ways of addressing such diminishing capacities. 3. In order to appropriately and successfully plan for these activities, adequate provisions and development standards thereof must be developed. 4. As a major step in this direction, the city wishes to establish provisions and development standards for materials recovery facilities and solid waste transfer and processing stations. 5. Said provisions and development standards shall be incorporated with existing recycling provisions in the zoning code in a manner which encourages an integrated waste management approach and guarantees the protection of surrounding developments. 6. Said provisions and development standards are consistent with the goals and objectives of the city's General Plan. • NOW, THEREFORE, the City Council of the City of West Covina does ordain as follows: SECTION NO. 1: Based on the evidence presented and findings set forth, Amendment no. 248 is hereby approved as consistent an serves to further implement the City's General Plan. SECTION NO. 2: Based on the evidence presented and findings set forth, Chapter 26 (Zoning) of the West Covina Municipal Code is hereby amended to read as follows: DIVISION 14. RECYCLING CENTERS/MATERIALS RECOVERY FACILITIES/SOLID WASTE TRANSFER AND PROCESSING STATIONS Sec. 26-685.90. Purpose. The purpose of this division is to address the critical statewide issue of diminishing landfill capacity. Consistent with the waste diversion goals and objectives adopted as part of the city's Source Reduction and Recycling Element, this division is intended to conserve - to the extent possible - remaining landfill capacities, by promoting an integrated waste management approach whereby each waste stream is handled in the most efficient and environmentally sound manner and providing the public with convenient recycling and/or disposal alternatives. This division further seeks to guarantee the adequacy of the site for the,proposed use and ensure the protection of the surrounding properties through review and consideration of physical design and compatibility with surrounding properties. Sec. 26-685.91. Definitions. (a) "Composting" shall mean a method of waste treatment in which organic solid wastes are biologically decomposed under controlled, aerobic or anaerobic conditions. (b) "Materials Recovery Facility" or "MRF" shall mean a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the purpose of recycling or composting. (c) "Recyclable material" shall mean .reusable material, including, but not limited to, metals, glass, plastic and paper, which may be intended for reuse, remanufacture, or reconstitution. Recyclable material does not include solid waste or. hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 52250.11 and 25143.2(b)(4) of the California Health and Safety Code. (c) "Recycle" shall mean the process of collecting, sorting, cleansing, treating, -and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products and not intended for disposal. to . 0306-92/C:CC/MRFORDA/em Ordinance No . 1902 Materials Recovery Facilities Solid Waste Transfer & Processing Facilities June 2, 1992 - Page 3 (d) "Recycling Center" as distinguished from a MRF shall mean a facility for the collection and acceptance by donation, redemption or purchase of recyclable materials. As used herein, such a • facility does not occupy an area of more than five hundred (500) square feet unless operated on the same site and in conjunction with a materials, recovery facility or solid waste transfer station. A recycling center does not include storage containers or collection activity located on the premises of a residential, commercial., or manufacturing use and is used solely for the recycling of material generated by that residential property, business or manufacturer and not held out for public use. Recycling centers are further defined to include but are not limited to these following specific types: (1) "Buy Back Recycling Center" shall mean a recycling facility which pays a fee for the delivery and transfer of ownership to the .facility of source separated materials for the purpose of recycling or composting. (2) "Drop Off Center" shall mean a facility which accepts delivery or transfer or ownership of source separated materials for the purpose of recycling or composting without paying a fee. (3) "Mobile Recycling Unit" shall mean an automobile, truck, trailer, or van, licensed by the department of motor vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers and used for the collection of recyclable materials. (4) "Reverse Vending Machine(s)" shall mean an automated mechanical device which accepts at least one (1) or more types of empty beverage containers, including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by'the state. (5) "Bulk Reverse Vending Machines" shall mean a reverse vending machine that is larger than fifty (50) square feet, is designed to accept more than one (1) container at a time, and will pay by weight instead of by container. (e) "Solid Waste Transfer or Processing Station" or "Transfer Station" shall mean a facility as defined and permitted under state law used by persons and route collection vehicles to deposit collected solid waste from off -site into a larger transfer vehicle including railroad cars for transport to a solid waste handling facility. Transfer station may also include material recovery facilities and recycling centers, except that permits shall be required only as required by state law. (f) "Solid Waste" shall mean all putrescible and nonputrescible solid, semi -solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or to chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi -solid wastes, and other discarded solid and semi -solid wastes. 0306-92/C:CC/MRFORDA/em Ordinance No. 1902 Materials Recovery Facilities Solid Waste Transfer & Processing Facilities June 2, 1992 - Page 4 (g) "Source separated material" shall mean the segregation, by the generator, of materials -designated for separate collection for some form of materials recovery or special handling. • Sec. 26-685.92. Permitted zones and required permit. No person or entity shall be permitted to place, construct, or operate a recycling center, materials recovery facility, and/or solid waste transfer station without first obtaining a permit pursuant to the provisions set forth in the following table. This permit is in addition to and is intended to supplement that required by state law in order to protect local health, safety and welfare. Any business which wishes a land use permit must obtain a business license. City land use/ Type of Facility Recycling Centers Reverse Vending Machine(s)/Bulk Reverse Vending Machine Reverse Vending Machine(s) located within or under the roof line of a commercial structure Zones Permitted All industrial/ manufacturing and commercial zones, industrial/ manufacturing and commercial specific plan zones, all PCD-1 commercial areas Same as above and in multiple family residential zones in conjunction with a multiple family deve- lopment with an ap- proved precise plan Same as above and in multiple family residential zones in conjunction with a multiple family deve- lopment with an ap- proved precise plan Permit Required Unclassified Use Permit Planning Director's Modification (or minor revision to site plan approved by the Planning Director) No permit required in commercial and indus- trial zones. Planning Director's Modification in multiple family residential zones Materials Recovery All industrial/ Unclassified Use Permit Facility manufacturing zones including industrial/ manufacturing specific plan zones Solid Waste Transfer All industrial/ Unclassified Use Permit and Processing Stations manufacturing zones including industrial/ manufacturing specific plan zones Sec. 26-685.96. Development Standards. The following development standards, in addition to the requirements of the underlying zone, shall apply. Where the following code provisions are in conflict with others, the stricter requirements shall apply. 0306-92/C:CC/MRFORDA/em Ordinance No. 1902 Materials Recovery Facilities Solid Waste Transfer & Processing Facilities June 2, 1992 - Page 5 (a) Recycling Centers. • Unless otherwise noted, the following requirements apply to all recycling centers: (1) The center shall be established in conjunction with an existing or planned commercial use, industrial use, multiple family residential use or service facility (herein referred to as the "host use") which is in compliance with the zoning, building, and fire codes of the City of West Covina. (2) The center shall be no larger than five hundred (500) square feet, and occupy no more than five (5) parking spaces. (3) The center shall be set back at least fifty (50) feet from a right-of-way line, unless deemed adequately screened by the planning commission, and shall not obstruct pedestrian or vehicular circulation. (4) No power -driven processing equipment except for reverse vending machines shall be employed. (5) Containers shall be constructed and maintained with durable waterproof, leakproof and rustproof material, covered and locked when the center is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate the materials collected and the collection schedule. (6) All recyclable material shall be stored in containers or in the mobile unit vehicle, and no materials shall be left outside of containers when attendant is not present. (7) The facility shall. be maintained free of vermin, litter and any other undesirable materials, and be swept at the end of each collection day and cleaned weekly. (8) Noise levels shall not exceed sixty (60) dBA as measured at the property line of a residentially zoned or occupied site; otherwise, noise levels shall not exceed seventy (70) dBA. (9) Attended facilities located within one hundred (100) feet of a site zoned or occupied for residential use shall operate only during the hours between 8:00 a.m. and 7:00 p.m. (10) Containers for twenty -four-hour drop off centers shall be at least seventy-five (75) feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use. (11) Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the containers. The operator shall keep the area clean and free of litter, material or debris. (12) The facility shall not impair the landscaping required for any concurrent use. 0306-92/C:CC/MRFORDA/em Ordinance No. 1902 Materials Recovery Facilities Solid Waste Transfer & Processing Facilities June 2. 1992 - Page 6 (13) No additional parking spaces are required for customers of the recycling center when located in an established parking lot of the host use; one (1) space will provided for the attendant, if • needed: (14) Mobile recycling unit shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present. (15) Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist: i. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation. ii. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility is in operation; A reduction in available parking spaces in an established parking facility may then be allowed as follows: Number of Available Maximum Parking Spaces Reduction 0-25 0 26-35 1 36-49 2 50-99 3 100-299 4 300- 5 (16) If the permit expires without renewal, the recycling facility shall be removed from the site on the day following permit expiration. (17) A twelve -inch by twelve -inch sign which states the redemption value offered shall be posted daily. (b) Reverse vending machines. (1) The machines shall be located within thirty (30) feet of the entrance to the commercial structure, and shall not obstruct pedestrian, handicapped or vehicular circulation. (2) The machines shall not occupy parking spaces required by the primary use. (3) The machines shall occupy no more than fifty 50 square feet of floor space per installation, including any protective enclosure, and shall not be more than eight (8) feet in height. (4) The machine shall be constructed and maintained with durable waterproof material. (5) Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions and the identity and phone number of the operator or responsible person to call if the machine is inoperative. (6) The machines shall be maintained in a clean, vermin free, and litter free condition on a daily basis. 0306-92/C:CC/MRFORDA/em Ordinance No. 1902 Materials Recovery Facilities Solid Waste Transfer & Processing Facilities June 2, 1992 - Page 7 (7) Operating hours shall be at least the operating hours of the host use. • (8) The machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn. (9) A twelve -inch by twelve -inch sign which states the redemption value offered shall be posted. (10) Reverse vending machines do not require additional parking spaces for recycling customers. (c) Material Recycling Facilities and Solid Waste Transfer or Processing Stations. These requirements are minimum local land use requirements which supplement the requirements of state law permits. Additional requirements may be required through the unclassified use permit process. (1) Site Location Criteria (i) Said facilities shall not substantially increase vehicular traffic nor existing noise levels in adjacent residential areas on local residential streets or shall be mitigated. (ii) Said facilities shall not substantially lessen the usability and suitability of adjacent or nearby properties for their existing use. (iii) The site shall be served by an improved arterial street adequate in width and pavement type to carry the quantity and type of traffic generated by said use without significantly lowering the existing level of service of that arterial. (iv) The site shall be adequate in size and shape to accommodate said use, and to accommodate all yards, walls, vehicular stacking, parking, landscaping and other required improvements. (2) Site development standards (i) All buildings, structures or improvements shall meet the setback requirements of the underlying zone. Setbacks may be used only for the following purposes: - Passage or temporary standing of automobiles - Landscape areas - Light poles and standards (ii) All waste unloading, loading, and processing equipment and activities shall be contained within an enclosed building with only sufficient openings for ingress/egress of vehicles and ventilation. (iii) Sufficient off-street parking shall be provided to accommodate all company, employee and visitor vehicles on -site. (iv) On site truck stacking and maneuvering area shall be provided as necessary to accommodate the anticipated vehicular usage of the facility, depending on the size and nature of the facility. No truck stacking and maneuvering area shall be permitted within the required front and street side yard setback, and shall be completely screened by solid masonry walls not less than 6 feet in height with appropriate landscaping and irrigation. 0306-92/C:CC/MRFORDA/em Ordinance No. 1902 Materials Recovery Facilities Solid Waste Transfer & Processing Facilities June 2, 1992 - Page 8 (v) Any leachate and other liquid flow that may result shall be contained on -site and disposed of through an on -site treatment and/or sewer system to a regular or industrial sewer. Such • leachate must also be handled pursuant to the requirements of the Integrated Waste Management Board, Regional Water Quality Control Board, and Los Angeles County Department of Health. (vi) Average noise levels shall not exceed seventy (70) dBA as measured at the property line of the facility in cases where any abutting non -residentially zoned property is impacted, and sixty (60) dBA as measured at the property line of the facility in cases where any abutting residentially zoned property is impacted. (vii) Adequate safety features (e.g. sprinkler systems, alarm systems, materials screening program, emergency procedures) shall at a minimum be incorporated into the design of the facility. (viii) Adequate dust, odor and noise controls shall be incorporated into the facility to minimize generation and off site transmission of dust, odor and noise. (ix) All materials stored outside shall either be in processed bales or kept within storage bins constructed and maintained with durable waterproof, leakproof and rustproof material, covered and locked when the center is not attended, secured from unauthorized entry and removal of material, and of a capacity sufficient to accommodate the materials collected and the collection schedule. (x) All lighting shall be focused and directed and so arranged as to prevent glare or direct illumination on streets or adjoining property. (xi) The lighting system shall be so designed to produce. a minimum maintained average lighting level of one -foot candle on the entire facility's horizontal surface. (xii) If the MRF/Transfer Station facility is located within 500 feet of property occupied by residential use, operating hours of operation shall at a minimum be restricted to between 6:00 a.m. and 8:00 p.m., and the average noise levels during this time shall be in accordance with Section 1(vi) above. except for indoor activities such as but not limited to dispatching of vehicles and administration. Said hours may be extended for some or all activities when appropriate mitigation measures and acceptable noise performance standards during these extended operating hours, as determined by the Planning Commission or Planning Director, are in place. (xiii) All open areas, other than landscaped planter beds, shall be paved with not less than two and one-half inches of asphaltic concrete or an equivalent surface meeting the established standards and specifications of the Engineering Department, shall be graded and drained so as to adequately dispose of all surface water and shall be maintained in good repair at all times. (xiv) No operating portion of the site shall be visible from public view. This requirement may at a minimum be satisfied by a solid masonry wall not less than six feet in height, landscaping, existing topographic conditions, or a combination thereof. (xv) A minimum of 20 foot wide planters shall be provided along all street frontages except for driveway openings. 0306-92/C:CC/MRFORDA/em Ordinance No . 1902 Materials Recovery Facilities Solid Waste Transfer & Processing Facilities June 2, 1992 - Page 9 (xvi) A daily cleaning program for floors, equipment and facility buildings and grounds and ongoing maintenance program shall be established to the approval of the West Covina Enforcement • Waste Management Agency. (xvii) Refuse shall be handled as quickly as,possible to avoid long term exposure on -site (xviii) All incoming or outgoing trucks shall be completely enclosed or equipped with an impermeable tight fitting cover to suppress odors and prevent spillage of materials. (xix) No waste, trash except for separated recyclables, shall be stored at the facility overnight for longer than 24 hours, unless the facility is properly permitted to do so. (xx) - Additional noise controls including use of the best available noise. suppression and control technology shall be used if necessary to achieve the established noise control performance standards. (xxi) - The facility operator shall prepare and implement a noise monitoring and abatement program, which shall be approved by the West Covina Enforcement Waste Management Agency. The program shall monitor noise levels at the property line of at a minimum of three sensitive receptor locations within the potential impact zone of the project. If noise levels at these locations exceed performance standards the operator shall notify the city within 24 hours and institute additional noise reduction measures to bring noise emanating from the facility into compliance with the standards within thirty (30) days or otherwise seek city approval for a time extension. Data from all noise monitoring activities are to be recorded and made available for review by the city upon request. (xxii) - The facility shall comply with Rule 402 of the South Coast Air Quality Management District. (xxiii) - Upon detection, extremely odorous loads entering the MRF shall be transferred as soon as possible. (1)(xxiv) - When necessary, the MRF operator shall treat wastes in the MRF with odor suppressants to comply with the baseline odor standards. A Certified Industrial Hygienist shall establish baseline indoor odor standards and perform quarterly inspections to monitor odor levels. (xxv) - Additional odor controls including the best available odor suppression technology shall be used if necessary to minimize the release of fugitive odors. (xxvi) - The facility operator shall prepare and implement a odor monitoring and abatement program, which shall be approved by the West Covina Enforcement Waste Management Agency. The program shall ensure that odor levels within the facility are kept within the baseline odor standards and that odors emanating from the facility shall not exceed the odor detection thresholds at the facility's boundary line. The program shall use the services of a Certified Industrial Hygienist to monitor odor levels on a quarterly basis, both within the facility and at a minimum of three sensitive receptor locations within the potential impact zone of the project. If odor levels at these monitoring locations exceed the odor detection thresholds, the operator shall notify the city within 24 hours and institute additional odor reduction measures to meet the specified odor performance standards. The facility operator shall bring the odor level into compliance with the baseline odor 0306-92/C:CC/MRFORDA/em Ordinance No. 1902 Materials Recovery Facilities Solid Waste Transfer & Processing Facilities June 2, 1992 - Page 10 standards within thirty (30) days, or shall otherwise request an extension of time from the city in order to reach compliance. Data from all odor monitoring activities are to be recorded and made • available for review by the city upon request. (3) Load Inspection Program All material recovery facilities, solid waste transfer stations or other solid waste management facilities will be required to institute a Load Inspection Program (LIP) as part of their daily operations. The requirements for the LIP are as follows: The facility operator shall prepare and implement a program for screening loads at the facility gate house, and for checking loads at the facility building(s) and areas of operation. The load inspection program shall include inspection for hazardous wastes and other ineligible wastes, and shall include procedures for their handling and disposal. Specifics of the program will be submitted to the city in a written report for their review and comment. The program shall be approved by the West Covina Enforcement Waste Management Agency. Sec. 26-685.97. Signage. (a) Reverse vending machines shall have a sign area of a maximum of two (2) square feet per machine, exclusive of operating instructions. (b) Recycling centers may have signage provided as follows: (1) Identification signs with a maximum of sixteen (16) square feet, in addition to informational signs required by Section 26-685,66(b)(12). (2) The signs must be consistent with the architectural style and character of the host use. 3) Directional signs, bearing no advertising message, may be installed on the site with the approval of the planning director, if deemed to be necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way. (c) Materials Recovery Facilities and Solid Waste Transfer or Processing Stations shall have signs as provided for the zone in which they are located. SECTION NO. 4: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 2nd day of June, 1992 i ATTEST: Mayor City Clerk 0306-92/C:CC/MRFORDA/em r f Ordinance No. 1902 Materials Recovery Facilities Solid Waste Transfer & Processing Facilities June 2, 1992 - Page 11 STATE OF CALIFORNIA ) • COUNTY OF LOS ANGELES ) ss CITY OF WEST COVINA ) a - I, JANET BERRY, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 2nd day of June, 1992. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the& day of r /q9z by the following vote, to -wit: AYES: Manners, Jennings, Herfert, McFadden, Wong NOES: None ABSENT: None APPROVED AS TO FORM: off' gc�.r��aJ City Atto ney I 0306-92/C:CC/MRFORDA/em City C erk 0 0 CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State • of California, do hereby certify that a true and accurate copy of Ordinance No. MV was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. DATED: a �����Yr-tic�✓ Janet Berry, City Clerk City of West Covina, California