Ordinance - 1945ORDINANCE NO. 1945
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA
MUNICIPAL CODE, CHAPTER 26 (ZONING), AS IT RELATES TO THE
ESTABLISHMENT OF STANDARDS FOR RECYCLING COLLECTION
• AND LOADING FACILITIES FOR NONRESIDENTIAL AND MULTI -FAMILY
RESIDENTIAL PROJECTS (AMENDMENT NO. 256).
WHEREAS, in 1991, the State Legislature adopted Assembly Bill 939 (AB 939),
titled "California Solid Waste Reuse and Recycling Access Act of 1991 "; and
WHEREAS, the main objective of the Act is to provide on -site facilities for
collecting and loading recyclable materials at new and altered nonresidential and multi-
family developments; and
WHEREAS, AB 939 requires the California Integrated Waste Management Board
to adopt a local model ordinance by March 1, 1993; and
WHEREAS, AB 939, as extended by Senate Bill 452 (SB 452), requires local
governments to adopt a recycling collection and loading facility ordinance by
September 1, 1994, or the local model ordinance shall become effective; and
WHEREAS, based on the State legislation, the Planning Commission on
April 27, 1993, adopted Resolution No. 4-93-4165, initiating the preparation of a local
ordinance for adequate facilities for collecting and loading recyclable materials in
development projects tailored to the characteristics of West Covina; and
WHEREAS, based on the Planning Commission direction and State legislation,
the City has undertaken studies and investigations culminating in the development of
said ordinance for facilities for collection and loading of recyclable materials to fulfill
the objectives of the State legislation attached as Exhibit A; and
WHEREAS, the Planning Commission upon giving the required notice, did on the
13th day of September, 1994, conduct a duly advertised public hearing as prescribed by
law; and
WHEREAS, on September 13, 1994, the Planning Commission adopted
Resolution No. 09-94-4251, recommending that the City Council approve amendment
No. 256; and
WHEREAS, the City Council of the City of West Covina considered evidence
presented by the Planning Department, Planning Commission, and other interested
parties at a duly advertised public hearing on the 4th day of October, 1994; and
WHEREAS, the oral and documentary evidence considered in connection with the
code amendment reveal the following facts:
1. Assembly Bill 939 (AB 939) was adopted by the State to ensure Cities
participation in diverting solid waste from landfills which are becoming increasingly
impacted by the demand for solid waste disposal.
• 2. AB 939 establishes that the burden of solid waste diversion should be shared
between the various sectors of land uses (i.e. single-family residential, multi -family
residential, and nonresidential).
3. The diversion of solid waste from existing and future landfills is necessary to
extend the lifetime of landfills. As population increases, so does the demand for
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Ordinance No. 1945
Amendment 256
Recyclable Materials, Collection and Loading Facilities
October 18, 1994 - Page 2
4. Attainment of the identified goals for the diversion of solid waste can and will
conserve existing supplies of nonrenewable resources.
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. 256 is hereby approved as consistent with the goals and policies of the
General Plan and 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 as stated
in Exhibit A attached hereto and incorporated therein.
SECTION NO. 3: The project is considered a categorical exemption pursuant to
Section 15308 (Class 8) of the California Environmental Quality Act (CEQA) in that it is
the result of an action taken by a Regulatory Agency for the protection of the
environment.
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 18th day of October, 1994.
Mayor
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF WEST COVINA
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the
foregoing Ordinance No. 1945 was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on the 4th day of October, 1994. That,
thereafter said ordinance was duly adopted and passed at a regular meeting of the
City Council on the 18th day of October, 1994 by the following vote to wit:
AYES: Manners, Touhey, Wong, Herfert, McFadden
NOES: None
ABSENT: None
APPROVED AS TO FORM:
City Attorney
0843-94/C: CC/ORDR ECYC.ORD/af
City Clerk
EXHIBIT A
Sec. 26-517. Refuse and recycling collection and storage.
All outdoor trash, garbage, recycling, and refuse containers shall be screened on all
sides from public view by a minimum five and one-half (5 1/2) foot high concrete,
masonry or decorative block wall and the opening provided with a gate of durable wood
• or comparable material. Such area shall be so located as to be easily accessible for
trash and recyclable material pick up. Type, texture and color shall be approved by the
Planning Commission or Planning Director.
Any new or existing multi -family development project of five or more living units for
which is submitted, on or after September 1, 1994 an application for one or more
building permits for single or multiple alterations to be conducted within a twelve month
period which collectively add 50% or more to the existing floor area of a living unit shall
provide adequate, accessible, and convenient areas for collecting and loading recyclable
materials as defined in this section.
The following guidelines will be applied to new and expanded development projects:
LaZ. Recycling areas shall be designed to be architecturally compatible with
nearby structures and with the existing topography and vegetation.
The design and construction of recycling areas shall not prevent security
of any recyclable materials placed therein.
Lc... A sign clearly identifying all recycling collection and loading areas and the
materials accepted therein shall be posted adjacent to all points of direct
access to the recycling areas.
Ldh Areas for recycling shall be adequate in capacity, number, and distribution
to serve the development project.
The Planning Director shall review each application for adequate design and area
allocation suitable to the particular recycling program or process to be in effect at the
development project and shall apply these requirements and guidelines accordingly.
Any and all separate recycling area(s) shall be located so then are at least as convenient
for those persons who deposit, collect and load the recyclable materials placed therein
as the location(s) where solid waste is collected and loaded. Whenever feasible areas
for collecting and loading recyclable materials shall be part of or adiacent to the solid
waste collection areas.
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Sec. 26-568.5. Recycling collection and loading areas.
In addition to the refuse storage requirements of Section 26-568, any new or existing
development project for which a building permit application is submitted on or after
September 1, 1994, for an expansion or expansions that collectively add 50% or more
• to the existing floor area of the development project shall provide adequate, accessible,
and convenient areas for collecting and loading recyclable materials as set out herein.
La h The required area for recyclable materials shall be determined based on
a recycling area program submitted by the applicant/developer upon
submittal of a precise plan or conditional use permit application which
identifies at a minimum, the following items:
Identification of the anticipated number of tenant spaces in the
proposed or expanded development.
Anticipated types of the recyclable materials produced by the
proposed type of tenants/development.
Spatial needs of the tenants/development per type and number of
recyclable materials generated at the site.
Anticipated pick up schedule for the recyclable materials.
Area requirements will vary with the occupying activity or business.
The applicant will be required to indicate rationale for area
requirement estimates.
Any other information the Planning Director determines to be
pertinent based on the characteristics of the proposed development.
and/or use(s).
The Planning Director shall review and approve the recyclable area
program as submitted by the applicant/developer prior to the issuance of
building permits.
The design and construction of recycling areas shall enhance security of
any recyclable materials placed therein.
LqL No PAR Zone recyclable collection areas shall be permitted between a
frontage street and the building line.
Recycling areas shall be designed to be architecturally compatible with
nearby structures and with the existing topography and vegetation.
U A sign clearly identifying all recycling collection and loading areas and the
materials accepted therein shall be posted adjacent to all points of direct
access to the recycling areas.
(f).. Areas for recycling shall be adequate in capacity, number, and distribution
to serve the development project.
• Lq). Such area shall be so located as to be easily accessible for recyclable
materials pick-up.
Lbh Any and all separate recycling area(s) shall be located so they are at least
as convenient for those persons who deposit collect and load the
recyclable materials placed therein as the location(s) where solid waste is
collected and loaded. Whenever feasible areas for collecting and loading
recyclable materials shall be the same or adjacent to the solid waste
collection areas.
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