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12-21-2010 - Public HearingCode Amendment No. 09-06Recycling Fa - Item 13 (2).doc City of West Covina Memorandum A G E N D A TO: Andrew G. Pasmant, City Manager ITEM NO. 13 DATE December 21, 2010 and City Council FROM: Jeff Anderson, Acting Planning Director SUBJECT: CODE AMENDMENT NO. 09-06 RECYCLING FACILITY STANDARDS AND PROCEDURES FOR HEARINGS, REVOCATIONS AND APPEALS-CODE UPDATE RECOMMENDATION: The Planning Commission recommends that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO RECYCLING CENTERS/MATERIALS RECOVERY FACILITIES/SOLID WASTE TRANSFER AND PROCESSING CENTERS STANDARDS AND PROCEDURES, HEARINGS, NOTICES, FEES AND CASES (CODE AMENDMENT NO. 09-06) DISCUSSION: The Planning Commission initiated Code Amendment No. 09-06 to consider modifying recycling facility standards and to consider revising the current standards for revocation and appeal procedures. Neither section of the code has been updated since the late 90’s. The Recycling Centers/Materials Recovery Facilities/Solid Waste Transfer and Processing Centers section of the code was originally adopted in 1987. It was adopted to address the statewide concern regarding recycling and waste diversion. The Procedures, Hearings, Notices, Fees and Cases section of the code establishes procedures for the various application processes in the Zoning code. Included in these procedures are requirements for appeals of administrative or Planning Commission decisions. Furthermore, this section of the code establishes revocation procedures for business use approvals for conditional use permits, administrative use permits and administrative reviews. The following changes are proposed for the Recycling Centers section of the Zoning Code. Process to Allow a Small Collection Facility. The current code requires an approval through an administrative review. The proposed amendment would require the approval of an administrative use permit for a Small Collection Facility (formerly a Recycling Center). Separation of Small Collection Facility and Residences. Increase the separation of a Small Collection Facility from residential uses from 100 feet to 250 feet. Weekend and Holiday Hours. Reduce weekend and holiday hours of operation for Small Collection Facilities from 8:00 am – 7:00 pm to 10:00 am – 6:00 pm. Allowed Location for Small Collection Facilities. Currently there is no standard for where small collection facilities would be located. The proposed code would allow Small Collection Facilities only on property that has a market greater than 30,000 square feet. Screening Requirement. Require Small Collection Facilities to be screened from public streets. The current code does not contain any standards for screening. 24-Hour Drop-off For Recyclables. Delete 24-hour drop off for and mobile recycling unit standards from the Code as it does not appear to be a safe or clean manner to allow for recycling. Parking Space Requirement. Eliminate the standard requiring a Small Collection Facility to occupy no more than five parking spaces and add a standard that such facilities do not create a parking deficit. Add Uses in Land Use Matrix. The various types of Recycling Center use categories have been added to the Land Use Matrix. The modifications to the Procedures, Hearings, Notices, Fees and Cases section of the code primarily updates the code to comply with current legal requirements for processing revocations. The proposed modifications to this section were prepared by the City Attorney’s office. The following is a summary of the proposed revocation standards. A requirement that the Planning Commission will be the hearing body for all permits approved by the Planning Director and the Planning Commission. Currently, items approved by the Planning Director require review by a hearing officer (staff) and can then be appealed to the Planning Commission. The proposed change reduces the number of appeals possible, the number of revocation hearings that can occur, and the time and resources it takes to revoke a permit. Grounds for revocation. The current code does include most of the grounds that can be used to revoke a permit. The proposed revision adds the following. The development entitlement dependent thereon has been revoked or suspended. The use is being operated in violation of any federal, state or local law which results in detriment to the public health, safety or welfare. Process for initiating revocation proceedings. The proposed code amendment indicates that the City Council, Planning Commission, or Planning Director can initiate a revocation. Guidelines for notice of hearing for Conditional Use Permits and Administrative Use Permits. In the case of revocations, the current code is silent on requirements for notification. The notification requirements were those of standard public hearings. The draft code amendment establishes notification requirements specific to revocation, and requires notification for the revocation of permits that do not require notification for approval (Administrative Reviews). Standards for hearing notice content. The draft code amendment enumerates the information required to be included in the revocation hearing notice. Hearing procedures and standards. The current code does not specify procedures for how a revocation hearing process is to occur. The draft code establishes standards for officiating the hearing, witnesses, evidence, and recording the hearing. Requirements for notification of a decision by the hearing board. The proposed code amendment states that the decision of the hearing board be in writing and within a timely manner (generally 30 days after the hearing). Procedures for appeals of the decision of the hearing board. The draft code amendment includes a 10-day appeal period, requirement for payment of an appeal, and requires the appellant to share the cost of the preparation of the administrative record (such as a transcript). Procedures and guidelines for decision of the City Council on appeal. The new standards establish procedures for the City Council hearing and decision. Limiting the number of appeals. The draft code amendment limits the number of appeals by having the Planning Commission be the first hearing body rather than at staff level. Limiting the appeal to review of the decision rather than a new hearing. The new standards do not require a full revocation hearing before the City Council upon appeal, rather, the City Council will review the decision of the Planning Commission. Procedures for preparation and payment for the record on appeal. The new code requires the appellant to pay half the cost of the administrative record and requires that payment be received or the appeal process terminates. Standards for terminating revocation procedures. The draft code amendment allows for the termination of revocation proceedings if the nuisance is resolved or the operation ceases. In addition to the revision to the revocation standards, there are also other proposed revisions to the Procedures, Hearings, Notices, Fees and Cases section of the code. These include the following revisions. Mailing Notice to Applicant/Agent. Adds requirement that the public hearing notice be mailed to the applicant or his/her agent, and the property owner. Notification of Utilities and Local Agencies. Adds standard for notification of utilities and agencies that provide facilities and services to the subject property. Appeals of Staff Level Decisions. In cases where a staff decision has been appealed to Planning Commission and there is a further appeal to the City Council, the City Council would have the ability to determine if they desire to hear appeal or let the Planning Commission decision stand. 10-Day Appeal Period for All Cases. Revises appeal periods so that all applications have a 10-day appeal period. Clarifies Conclusion When 10th Day Falls on A Weekend. Includes language specifying appeal deadlines in cases where City Hall is closed on the last day of appeal. Clarifies That Appeal Public Hearings Will Occur Even If Appellant Withdraws. Clarifies that appeal hearings will occur once notification has been mailed to area residents, even if the appellant withdraws the appeal. Appeal Time Period. Increase the number of days to hear an appeal to the City Council from 30 days to 45 days from the date of filing of the appeal. This allows more flexibility in scheduling appeals, especially in situations where the Council goes dark. The proposed changes include clarifying requirements, revising location standards, and clarifying the entitlement process for recycling facilities. Additionally the changes also include establishing procedures for notices, appeals, and revocation proceedings that are consistent with current law. The proposed code text is attached to the resolution for your review (Attachment 1). PLANNING COMMISSION DISCUSSION AND RECOMMENDATION: The Planning Commission initiated the code amendment on December 8, 2009. Study sessions to consider potential changes to the code were held on June 8, 2010, and October 12, 2010. The Planning Commission held a public hearing on October 12, 2010. The Planning Commission recommended approval of the code amendment 5-0. In making the recommendation, the Commission discussed that the recycling standards and procedural standards needed to be revised based on current land use practices and legal standards. FISCAL IMPACT: It is not anticipated that any of the proposed amendments will result in any significant fiscal impact to the City.  Prepared by: Ron Garcia Reviewed/Approved by: Jeff Anderson Planning Associate Acting Planning Director Attachments: Attachment 1 – Draft Code Amendment Ordinance Attachment 2 – Planning Commission Resolution No. 10-5389 Attachment 3 – Planning Commission Staff Report, October 12, 2010 Attachment 4 – Planning Commission Minutes, October 12, 2010 Attachment 5 – Summary of Proposed Code Changes, October 12, 2010 Attachment 6 – Recycling Center Chart, October 12, 2010