01-18-2011 - Ordinance for AdoptionCode Amendment No. 09-06Recy - Item 3 (2).pdfCity of West Covina
Memorandum
0: Andrew G. Pasmant, City Manager
and City 'Council
FROM: Susan Rush
Assistant City Clerk
ITEM NO. 3
DATE: January 18,2011
SUBJECT: ORDINANCE FOR ADOPTION
CODE AMENDMENT NO. 09-06
RECYCLING FACILITY STANDARDS AND PROCEDURES FOR
HEARINGS, REVOCATIONS AND APPEALS — CODE UPDATE
RECOMMENDATION:
is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. - 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:
This ordinance was introduced at the City Council/CDC Joint Meeting .of December 21, 2010.
The purpose of the ordinance is to revise the Municipal Code to modify recycling facility
standards and the current revocation and appeal procedures. The ordinance will became
effective 30 days after its adoption on February 17, 2011. . It is recommended that the City
Council adopt the following ordinance:
ORDINANCE NO. • - 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)
FISCAL IMPACT:
There is no fiscal impact with the adoption of an ordinance .except for minor costs associated
with updating the municipal code books. ,
MA/ / I/adrie/)}(.,---
Approved by Susat RusliJ
Assistant City Clerk •
Pr6paredtk Margaret Garcia
Deputy Cily Clerk
Attachment: 1. Ordinance
2. December 21, 2010 Staff Report Item . #13 .
ATTACHMENT NO.
ORDINANCE NO.
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)
WHEREAS, on December 8, 2009, the Planning Commission initiated a code amendment
No. 09-06 regarding recycling facility standards and procedures for hearings, revocations and
appeals of the Zoning Code; and
WHEREAS, the Planning Commission, on the 8ill day of June, 2010 conducted a study
session; and _
. WHEREAS, the Planning ,Commission, upon giving required notice, did on the 12 fil day
of October, 2010, conduct a duly advertised public hearing as prescribed by law, at which time
the Planning Commission . adopted Resolution No. 10-5389 recommending to the City Council
approval of Code Amendment No. 09-06; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 21 st day of December, 2010; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to update,
clarify, and establish standards for recycling facility standards and for revisions to
procedures, hearings, notices, fees and cases (Article VI).
The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not
have the potential for causing a significant effect on the environment.
NOW THEREFORE, the City Council of the City of West Covina does ordain as
follows:
SECTION NO. 1: The proposed action is considered to be exempt from the provisions
of the California Environmental Quality Act (CEQA). Pursuant to 14 California Code of
Regulations, Sec. 15061(b)(3) the City Council finds that it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the environment,
and therefore the activity is not subject to CEQA.
SECTION NO. 2: Based on the evidence presented and the findings set forth, the City
Council of the City of West Covina approves Code Amendment No. 09-06 to amend Article VI
of Chapter 26 and to add Division 12 to Article VI of Chapter 26 (Revocation Procedures) of the
West Covina Municipal Code to read as shown on Exhibit "A" attached hereto and incorporated
herein by reference.
SECTION NO. 3: This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid
SECTION NO. 5: The City Clerk shall certify to the passage of this Ordinance and
shall be published as required by law.
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APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman
Ordinance No.
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the .21 st day of December, 2011. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18 th day
of January, 2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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EXHIBIT A.
SECTION 1. Section 26-206 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding notice of hearings, is amended to read as follows:
Notices of public hearing stating the type of application or , nature of proposal, general
description of property under consideration, and the time and place at which the public hearing is
to be held shall be given in the following manner:
(a) For a reclassification of property from one zone to another, redesignation of a property from
one general plan land use designation to another or for a variance (except slight modifications),
conditional use permit; or precise plan of design:
(1) At least ten (10) days prior to the date of the hearing, a public notice shall be
published in a newspaper having general circulation in the city; and
(2) A notice of public hearing shall be mailed to the applicant or his/her agent, the
owner of the property and owners and occupants of all property within a radius of three hundred
(300) feet of the exterior boundaries of the property under consideration, using for this purpose
the name and address of such owners as shown upon the latest available assessment rolls of the
county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public
hearing.
(3). Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to each loCal agency expected to provide water, sewage, streets, roads, schools, or other
essential facilities or services to the project, whose ability to provide those facilities and services
may be signifiCantly affected.
(4) Both mailing and publication are to be used in all instances unless otherwise directed
by the city council.
(b) For amendments, supplements or changes to the zoning ordinance that do not reclassify any
property from one zone to another but do impose, change, or remove any new regulation on the
use or development of property and for amendments to the general plan text:
(1) At least ten (10) days prior to the date of the hearing, a public notice shall be
published in a newspaper having general circulation in the city.
(c) For slight modifications:
(1) A notice of public hearing shall be mailed to the applicant . and to the owners and
occupants of all property abutting or affected by the subject property or separated therefrom only
by a street or alley, at the address of such owners as shown on the last equalized assessment roll.
The notices shall be mailed at least ten (10) days prior to the date of the hearing.
(d) For administrative use permits:
(1) A notice that describes the proposed project and indicates the length of the public
review period (including the last date that a request for a public hearing may be given to. the
planning department) shall be mailed to owners and occupants of surrounding property as
indicated below. The public review period shall extend for ten. (10) days from the date that the
initial notice was mailed, except in the case of large family day care homes which shall have a
public review period of fourteen (14) days. If a request for a hearing is received during the
specified time, a notice shall be mailed a minimum of seven (7) days prior to the date of the
hearing, indicating the date, time, and location of the scheduled public hearing.
a. Adjacent properties: Notices shall be mailed to the property owners and occupants of
the subject site and to the two (2) properties on both sides of the subject site in the case of
applications for secondary driveways.
b. One-hundred-foot noticing radius: Notices shall be mailed to the property owners
and occupants of the subject site and all properties within a radius of one hundred (100) feet of
the exterior boundaries of the subject site in the case of applications for the following purposes:
large family -day care homes, miniature potbellied pigs, sign exception review; outdoor uses
within the outdoor uses overlay zone, wall and fence height increases, and canopy structures.
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• . , . c. Three-hundred-f. oot noticing radius: Notices shall be -mailed to the property' 'owners
and occupants of the subject site and all properties ,within. a radius of three hunched (300) feet of
the exterior boundaries of the subject site in the case of applications for the following purposes:
large expansion and maximum unit size exception, two-story additions, large . accessory building,
retaining walls, building and roof-mounted wireless telecommunioation _ antennae 'facilities,
postal service uses, and computer garne/intemet access centers'. as defined in section 26-685.2." •
SECTION 2. Section 26-211 of Division 1 of Article VI of Chapter 26 of the. West -Covina
Municipal Code, regarding effective date of decisions, is amended to read as follows:
"Sec. 26-211. Effective date of planning commission decision: .
(a) All decisions of the planning commission except recommendations. for general plan
amendments, recommendations regarding zoning amendments and recommendations regarding
zone changes shall become final and effective after the expiration of the appeal period as set
forth in section 26-212, below.
(b) Recommendations regarding zoning amendments or zone changes shall be transmitted to the
city council who shall conduct a duly advertised public hearing, on the matter within forty-five
(45) days following receipt of the resolution..
(c) Recommendations approving or denying general plan amendments shall be transmitted to
the city council who shall conduct a duly advertised public hearing on.the matter."
SECTION 3. Section 26-212 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding appeal procedures, is amended to read as follows:
"Sec. 26-212. Appeal procedure. . , (a) Appeals may be submitted by anyone, must be in writing, Must include specific reasons for
the appeal, and must be accompanied by the fee set by city council resolution. . . • . . . •
(b) Decisions of the planning director or administrative -review -board or planning commission
subcommittee for design may be appealed to the planning commission. The, decision of the
planning commission on the appeal is final, unless after written request is made to the city
council, the city council approves the request for appeal to the-city,coUncil. • •• .
(c) Decisions of the planning commission May be appealed to' the City Council, except as
provided in subsection (b).. • •
(d) A timely appeal suspends and sets aside the decision of the lower authority. . . ,
(1) Appeals. of planning director or administrative review board decisions must be
submitted to the planning division no more than ten (10) calendar days after approval of a written
decision, unless otherwise provided in this code.
(2) Appeals of planning. director decisions regarding administrative use permits and
sign administrative reviews must be submitted to the . planning; division no more than .ten (10)
calendar days after approval of a written decision.
(3) Appeals of planning commission decisions and written requests for an appeal
hearing by the city council must. be submitted to the city .clerk no more than ten (10) calendar
days after adoption of a resolution of approval or denial.
(4) The appeal period, commences on the day after approval of a -written decision and
ends at the close of the business day on the tenth calendar day, including the day of
commencement. If the tenth day falls on a day that the City is closed to business, the period is
extended to the close of the business day of the next day the City is open for business.
(e) Once an appeal has been properly and timely filed and notice of the hearing has been mailed
or published, the appeal may not be withdrawn ,without the consent of the body to which the
appeal has been made. ,
(f) The city council or planning commission, as the case may be, shall .conduct a public. hearing
on the appeal within forty-five (45) days from the filing of the appeal or .approval of a request for
an appeal hearing or .as otherwise specified by the city -council, or . planning commission, or
agreed upon by the appealing party. Notice of the public hearing shall be given as provided in
section 26-206.
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(g) When considering an appeal, the city council or planning commission shall hear the appeal
as a de novo hearing. The city council or planning commission may approve, deny or modify the
matter appealed.
SECTION 4. Section 26-213 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding notice of hearings, is deleted.
SECTION 5. Section 26-229 of Division 2 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding findings for a precise plan, is amended to read as follows:
"Sec. 26-229. Required findings for a precise plan. •
(a) The proposed development plans and the uses proposed are consistent with the General Plan and
any applicable specific plan.
(b) The proposed development is • consistent with adopted development standards for the zone
and complies with.all other applicable provision of the Municipal Code.
(c) Granting the permit would not be detrimental to the public interest, health, safety, and
welfare and would, not unreasonably interfere .with the use or enjoyment of property in the
vicinity of the subject property. •
(d) The site is physically suitable for the type, density and intensity of the development being
proposed, including vehicle access and circulation.
(e) The proposed development plans and the uses proposed are consistent with the General Plan
and any applicable specific plan,"
SECTION 6. Section 26-253 of Division 3 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding revocation of conditional use permits, is amended to read as follows:
"Sec. 26-253. Revocation.
Revocation of conditional use permits shall be conducted in accordance with the
procedures contained in Division 12 of Article VI of Chapter 26 of this code."
SECTION 7. Section 26-273 of Division 5 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding revocation of administrative use permits, is amended to read as
follows:
"Sec. 26-273. Revocation.
Revocation of administrative use permits shall be conducted in accordance with the
procedures contained in Division 12 of Article VI of Chapter 26 of this code."
SECTION 8. Section 26-296.1700 of Division 11 of Article VI of Chapter 26 of the West
Covina Municipal Code, regarding revocation of administrative review approvals, is amended to
read as follows:
"Sec. 26-296.1700. Revocation.
- Revocation of administrative review approval shall be conducted in accordance with the
procedures contained in Division 12 of Article VI of Chapter 26 of this code."
SECTION 9. Division 12 of Article VI of Chapter 26 of the West Covina Municipal Code,
regarding revocation procedures, is added to read as follows::
"DIVISION 12. REVOCATION PROCEDURES
Sec. 26-297.02. Applicability.
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The provisions of this Division 12 shall apply to the revocation of Conditional Use
Permits, Administrative Use Permits and dAdministrati'cie Reviews. Revocation shall include
amendment or modification of a permit which may result from a revocation proceeding:
Sec. 26-297.04. Revocation hearing body.
(a) The Planning Commission shall hear revocation proceedings for all permits and approvals
issued by the planning director.
(b) The Planning Commission shall hear revocation proceedings for all permits and approvals
issued by the Planning Commission, either in its initial.hearing capacity, or on appeal to the .
Planning Commission.
(c) The City Council shall hear revocation proceedings for all permits and approvals issued by
the City Council, either in its initial hearing capacity, or on appeal to the City Council.
Sec. 26-297.06. Grounds for revocation.
The hearing body may revoke, amend or suspend a Conditional Use Permit,
Administrative Use Permit or Administrative Review ("permit") upon finding that:
(a) The use is detrimental to the public health, safety or welfare or is a nuisance; or
(b) The permit was obtained by fraud; or
(c) The use has not been exercised prior to the expiration date of the permit; or
(d) The use has ceased or been suspended for a period of six (6) months or more; or .
(e) The conditions of approval have not been complied with; or
(f) The required findings for the permit have been violated; or
(g) The use is not being operated.in the manner or for the purpose contemplated by the approval
of the permit.
(h) The development entitlement dependent thereon has been revoked or suspended.
(i) 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.
Sec. 26-297.08. Initiation of revocation proceedings.
Revocation proceedings may be initiated by a majority vote of a quorum of the City
Council or the Planning Commission or by the planning director.
Sec. 26-297.10. Notice of Hearing.
Notice of a revocation hearing for a Conditional Use Permit, shall be given as follows:
(a) At least ten (10) days prior to the date of the hearing, a public notioe shall be published in a
newspaper having general circulation in the city; and . ,
(1) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing
to each local agency expected to provide water, sewage, streets, roads, schools, or other essential
facilities or services to the project, whose ability to provide those facilities and services may be
significantly affected. , . .• .••
(2) A notice of public hearing shall be mailed to the permitee or his/her agent, the owner
of the property and owners and occupants of all property within a radius of three hundred (300)
feet of the exterior boundaries of the property under consideration, using for this purpose the
name and address of such Owners as shown upon the latest available assessment rolls of the
county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public
hearing. • • (3) The cost of noticing shall be paid by the City.
(b) Notice of a revocation hearing for an Administrative Review shall be given as follows:
(1) A notice of public hearing shall be mailed to the permitee or his/her agent, the owner
of the property and owners and occupants of all property within a radius of three hundred (300)
feet of the exterior boundaries of the property under consideration, using for this purpose the
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name and address of such owners as shown upon the latest available assessment rolls of the
county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public
hearing. •
(2) The cost of noticing shall be paid by the City..
(c) Notice of a revocation hearing for an Administrative Use Permit shall be given as follows:
(3) Notices shall be mailed to the permitee, property owners and occupants of the
subject site and all properties within a radius of three hundred (300) feet of the exterior
boundaries of the subject site: The notices shall be mailed t least ten (10) days prior to the date
of the public hearing.
(4) The cost of noticing shall be paid by the City.
Sec. 26-297.12. Contents of hearing notice.
The notice of revocation hearing shall be in writing and shall contain at least the following . . information:
(a) The street address and general description of the property or premises for which the permit
has been issued. A map may be included.
(b) The name of the permit holder. _
(c) A description of the type of permit and a general description of the activities approved by the
permit.
(d) A statement that the hearing will consider revocation of the permit, or in the alternative
alteration or modification of the permit and/or the conditions of the permit.
(e) The date, time and location of the hearing.
(f) The grounds for the revocation of the permit.
(g) A statement that the permitee may represent himself/herself, or be represented by legal
counsel or any other person of his/her choice.
(h) A statement that the permitee may present evidence, testimony and witnesses in defense of
the revocation of the permit.
Sec. 26-297.14. Conduct of the hearing
(a) Revocation hearings shall be noticed public hearings open to public participation.
(b) The hearing body shall act as an independent arbiter in the conduct of the hearing,
procedures, presentation of evidence, review of evidence and issuing a decision. The
Chairman/Mayor shall make determinations on procedure, witnesses and evidence. The
Chairman/Mayor may be assisted by a member of the City Attorney's office or other counsel
who has not participated in the preparation or presentation Of the cause for revocation of the
permit.
(c) The city staff, city attorney or other city representative shall first present the evidence for the
cause for revocation. After the city presentation is complete, the permitee may present evidence
in opposition to revocation. After the city representative and the permitee have completed their
presentations, Members of the public may speak for or against the revocation. The order and
tinning of presentations may be altered by the hearing body i,n the interests of an orderly, timely
and fair hearing or for the reasonable convenience of the witnesses or parties. The hearing board
may continue the hearing from time-to-time without further public notice.
(d) Formal rules of evidence need not be followed. All witnesses shall be sworn or unswom at
the discretion of the hearing body.
(e) Cross-examination of witnesses is not required unless, in the discretion of the hearing body,
cross-examination is necessary to provide a fair hearing and due process of law. Cross-
examination of members of the public who speak shall not he allowed unless the hearing body
determines that cross-examination is necessary to avoid a prejudicial denial of due process.
(f) Documents should be identified and labeled in an orderlY fashion when submitted to the
hearing board.
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(g) The hearing board shall tape record the oral proceedings before the hearing board. The tape
recordings shall be maintained for 30 days after the time for any appeal has expired. If a timely
appeal is not filed, the tape recordings may be destroyed. . • . ,
(h) All documents, testimony, and other evidence presented to and accepted by the hearing board
shall constitute the administrative record upon which the hearing board shall make its decision. -
The administrative record shall include evidence submitted to the hearing board but not accepted
• by the hearing board.
(i) The representatives of the cause for revocation shall be allowed to present final argument to
the hearing board followed by final argument by the representative for the permitee. Rebuttal
argument or re-rebuttal argument shall only be allowed at the discretion of the hearing board.
Sec. 26-297.16. Decision of the hearing board.
(a) At the conclusion of the hearing', or at any time thereafter, the hearing board *Shall deliberate
the merits of the cause for revocation. Deliberations of the hearing board shall be conducted at a
meeting open to the public, but need not be conducted at a noticed public hearing. Deliberations
shall be solely among the hearing board members, unless the hearing board invites other persons
to participate.
(b) The hearing board may revoke the permit, amend, alter or modify thepennit or impose new
or additional conditions, all as reasonably related to mitigation or elimination of the grounds
asserted for the revocation. •
(c) The decision of the hearing board shall be in writing, supported by findings, and approved by
the hearing board within 30 days of the close of the hearing, or at the next•regular. meeting of the
hearing board immediately following such 30 day period.
(d) Upon approval of the decision by the hearing board; the: decision shall be .sent to the permitee
by mail, fax or email. . .
• •
Sec. 26-297.18. Appeal of hearing board decision. • •
(a) Appeals from decisions of the planning commission sitting as the revocation hearing board -
may be submitted to the City Clerk by any interested party within ten (10) days. of 'approval of .
the written decision of the hearing board. Decisions of the City Council sitting. as the revocation
hearing board are not appealable. •
(b) The appeal must be in writing, must include specific reasons for the app.' eal,: and mustbe-
accompanied by the fee set by city council resolution for .such appeal. Such an appeal suspends
and sets aside the decision of the lower authority.
(c) Within five (5) working days of the receipt of the appeal the City Clerk shall estimate the •
cost of preparation of the administrative record and send written notice to the appealing party -
that they must deposit one-half of the estimated cost of preparation of the administrative record
with the City Clerk within ten (10) calendar days of the mailing date of the notice. Failure of the
appealing party to timely deposit such one-half of the estimated cost shall be a waiver and•• • .
termination of the appeal.
(d) The cost of preparation of the administrative record shall-include costs of preparation and
duplication of all documentary and tangible evidence and the transcription of the oral portion of
the hearing. The transcription of the oral portion of the hearing shall be performed by an
independent professional transcription service chosen by the City Clerk.
(e) Upon the completion of the preparation of the administrative .record, including the
transcription of the oral proceedings, the City Clerk shall determine the actual costs of preparing
the administrative record. Upon such determination of costs the City Clerk shall send written
notification of the actual costs of the preparation of the administrative iecOrd to 'the:appealing
party. The notice shall advise the appealing party that it must pay one-half of the actual costs of
preparation of the administrative record within ten, calendar days of sending of the notification,
and that if such payment is not timely received by the City Clerk, the appeal will be deemed .
waived and terminated. If the deposit of the estimated-cost of preparation .ofthe administrative
record meets or exceeds the actual cost, payment will be deemed to have been timely made, and.
any overage will be refunded to the appealing party... •
(f) Upon receipt of the required payment -from the appealing party the City Clerk shall send
written notice of the time and place of the review of the appeal by the City Council to the
appealing party and the city's representative. The appeal shall be heard by the City Council
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within forty (40) calendar days of the payment of the required fees, or such additional minimal
time as needed to meet the schedule of available City Council meetings. The notice shall
contain:
(1) The time and location of the City Council meeting at which the appeal will be
reviewed.
(2) The name of the appealing party and the name of the permitee.
(3) The address of the property, if any is involved in the appeal.
(4) A statement that the appealing party may present written or oral argument to the City
Council based on the administrative record. Written arguments must be filed with the City Clerk
and received by the other-parties to the appeal at least fifteen (15) calendar days prior to the date
of the City Council meeting. Written rebuttal arguments by any party to the.appeal• must be filed
with the City Clerk and delivered to all other parties to.the appeal at least 7 calendar days prior to
the date of the City Council meeting. Oral argument and rebuttal argument may be presented at
the City Council meeting. .
(g) The, city council shall determine the. appealbased on their review of the administrative
record. The review shall occur at a regularly noticed City .Council meeting and shall not require
a noticed public hearing. The appealing party shall be given the opportunity to present written or
oral arguments to the City Council. The city's representative shall be given the opportunity to
present written or oral rebuttal argument to the City Council.
(h) If the appealing party is not the permitee or there is more than one appealing party, the
following rules shall apply:
- (1) - The appealing party ; the permitee and the city shall be referred to as "parties to the
appeal." - • .
.• (2) Each party to 'the appeal shall pay their proportionate share of the cost of preparation
of the•administrative record. If the appealing party does not timely pay their proportionate share
of such costs, the appeal shall be waived and terminated. If any other party to the appeal does
not timely pay their share of Such costs, the non-paying party shall not be entitled to participate
in the appeal process, but shall remain liable to the city for their share of the costs of preparation
of the administrative record. , .
(3) All notices shall be sent to all parties to the appeal.
(4) Arguments-May be presented by the appealing party, .and rebuttal arguments may be.
presented by any .other parties to, the appeal. All written arguments and rebuttal arguments shall
be delivered to all other parties to the appeal. •
.• .
Sec. 26-291.20. Decision of the City Council on appeal.
(a) At the conclusion of the meeting, or at any time thereafter, the 'City Council shall deliberate
the merits of the cause for the. appeal. Deliberations of the City Council shall be conducted at a
meeting open to the public, but need not be conducted at a noticed public hearing. Deliberations
shall be solely among the City Council members, unless the City Council invites other persons to
participate. • • •
(b) The City Council may revoke the permit, amend, alter or modify the .perniit or impose new or
additional conditions, all as reasonably related to mitigation or elimination of the grounds
asserted for the revocation. .
(c) The decision.of the. City Council shall be in writing, supported by findings, and approved by
the City Council within 30 days of the close of the meeting, or at the next regular meeting of the
City Council immediately following such 30 day period.
(d) Upon approval of the decision by the City Council, the decision shall be sent to the permitee
by mail, fax or. email.
Sec. 26-297.22. Termination of proceedings.
(a) The planning 'director may recommend to the hearing body termination of the revocation
proceedings anytime during the .hearing process or the appeal process if the planning director
determines that: • •
(1) The grounds for the revocation have been satisfactorily corrected by the permitee.
(2) The permitee has voluntarily ceased the use for which the permit was issued.
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(3) The permitee has ceased the activity which was the grounds for the revocation and
provided a written relinquishment of the permit to the planning director.
(4) The pennitee has reached a written settlement agreement with the city which will
protect the public health, safety and welfare. -
(5) There exists other good cause for termination of the revocation proceedings.
(b) After due consideration of the recommendation of the planning director, the hearing body
may approve the termination of the revocation proceeding by a majority vote of a quorum of the
hearing body.
(c) The hearing body may, on its own initiative, and for good cause, terminate any revocation
proceedings by a majority vote of a quorum of the hearing body."
SECTION 10. Section 26:597 of Division 3 of Article X of Chapter 26 of the West Covina
Municipal Code, regarding the land use matrix, is amended to read as follows:
Sec. 26-597. Service, trade, cultural, public and private uses (except industrial or
manufacturing).
No building or improvement or portion thereof shall be erected, constructed, converted,
established, altered or enlarged, nor shall any lot or premises be used except for one or more of
the following purposes. All such uses shall be within an enclosed building unless specifically
stated otherwise. Uses specifically noted as "(Outdoor Display)" are allowed providing all
functions other than display are at all times conducted within an enclosed building.
* Indicates stated use is prohibited in the Civic Center Overlay Zone.
x Indicates stated use is allowed by right
c Indicates stated use is allowed by conditional use permit.
p Indicates stated use is allowed subject to administrative review and approval by the planning
director.
a Indicates stated use is allowed by administrative use permit.
b Indicates stated use is allowed by adult oriented business permit.
TABLE INSET: (Partial Table)
A 1 F
8
MMMM
F
15
RR ONR F
20
F
45 C C
S
C
CCMI
231 P
P
B
0
S
Recording studio a a a a a a a a
Recreational centers
(private) (except uses listed
individually in sec. 26-597)
c c c c c c c c c ..c c c -- c
Recycling Centers
Small collection facilities
not in conjunction with
materials recovery facility
or solid waste transfer and
processing station (See
Section 26-685.91)
a a a a a
Recycling Centers
Reverse vending
machine(s)/bulk reverse
vending machine
a
Recycling Centers
Reverse vending
machine(s) located within
or under the roof line of a
commercial structure
10 of 18
Al F
8
MMMM
F
1.5
F
20
F
45 .
Op
CCC
R
-
S -C
3
M
1
P0
B S
Recycling Centers
Materials recovery facility c
Recycling-Centers
Solid waste transfer and •
processing stations
c
Religious facility c c c _ c c c c c c c.. • c c --
Religions supply and -
reading rooms x x --
Rental service as listed in
this section as retail, .
providing all storage of
rental equipment shall be
within an enclosed building
unless specifically -stated
otherwise. •
x --
Reprographics x x x x x x x x
Restaurant x x x x x x
Restaurant with Alcohol
(see art: XII; div. 15) a a a a a a
Restaurant with dancing c c c c c c
Restaurant with live
entertainment c c c c c
Restaurant with outdoor
seating a a a a a a
Retail (General) x x x x x x
Riding stables and riding
schools (7 acres minirn.um .
site)
-- x
Roominghouse c c c __
SECTION 11. Division 14 of Article XII of Chapter 26 of the West Covina Municipal Code,
regarding the recycling center, is amended to read as follows:
"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. •
(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92)
• Sec. 26-685.91. Definitions. . .
[As used in this article the following words and terms shall have the meanings respectively
ascribed:] .
Composting shall mean a method: of waste treatment in which organic solid wastes are
, biologically decomposed under controlled, aerobic or anaerobic conditions.
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. .
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
11 of 18
used motor oil collected and transported in accordance with Sections 52250.11 and
25143.2(b)(4) of the California Health and Safety Code.
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.
Small collection facility as distinguished from a MRF shall mean a facility for the collection and
acceptance by donation, redemption of 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.
Small Collection Facilities centers are further defmed 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 coniposting.
(2) Drop-off center shall mean a facility which accepts delivery or transfer of Ownership of
source separated materials for the purpose. of recycling or composting without paying a fee:
(3) 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 refiuid ot* 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$
(6)
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 therebf,. .discarded home . and inclUstrial
appliances, dewatered, treated; or 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.
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 irichicle material recovery facilities and
recycling centers, except that permits shall be required only as requited by state law.
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.
(Ord. No. 1759, 11-27-87; Ord., No. 1902, § 2, 6-2-92)
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 Section. 26-597 of this code: This permit is M 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.
(Ord. No. 1759, 11-27-87; Ord: No. 1902, §2, 6-2-92; Ord. No. 1933,§ 1(Amd. 258, Da. 1),
5-94; Ord. No 2030, § 4, 4-20-99)
Sec. 26-685.93. 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.
(a) Small collection facility .. •
Unless otherwise. noted, .the following requirements apply to all small collection facilities
(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 the placement of a
small collection facility shall not create a parking deficit.
(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. director or 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 shall have a minimum distance of two hundred and fifty (250) feet of a
site zoned or occupied for residential use. -
(10) Attended facilities shall operate only during the hours between 8:00 a.m. and 7:00 p.m. on
weekdays and 10:00 a.m. and 6:00 p.m. on weekends and holidays.
(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.
(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 be provided for the
attendant, if needed. •
(14) Small collection .facility .shall have. an area clearly marked to prohibit other vehicular
parking during hours whenthe 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:
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a. The facility is located in a convenience zone or a potential convenience zone as designated
by the California Department of Conservation.
b. 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:
TABLE INSET:
Number of Available Parking Spaces Maximum Reduction
0-25
26--35
36--49
50--99
100--299
300 and up
(16) If the permit expired 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.
(18)The small collection facility shall be screened when determined by the review authority to
reduce visibility impacts from off-site and main traffic areas on-site. . , . . . . . .
(19) Small collection facilities shall only be located on a property with a market that is greater
than 30,000 square feet in floor area.
• • • • (b) Reverse vending machines. .
(1) Provide and maintain a minimum illumination level of two-foot candles within a minimum
25-foot radius around the reverse vending machines frOm dusk to dawn. • • •
. . . . . . (2) Provide an eight-foot wide unobstructed clear walkway area in froht-of the reverse vending
machines. Consideration may be given to alternative solutions such as recessing the machines
into the building frontage of the adjacent lease space. . . . . .
(3) The placement of the reverse vending machines shall not obstruct any portion of a storefront
window or door and shall be placed immediately in front of or inset into, the facade of the
building.
(4) Where practicable, the, reverse vending machines shall be placed in location away from the
most heavily traveled pedestrian areas' within the vicinity of the store being *served and in
compliance with the other provisions of the WCMC.
(5) The machines shall be located within thirty' (30) 'feet- of a primary entrance to the
'commercial structure, and shall not obstruct pedestrian, handicapped or vehicular circulation. If a
more suitable location presents itself as a result of the layout and/or • architecture of the
development, the planning director may approve a variation to the location.
(6) The machines shall not occupy parking spaces required by the primary use(s).
14 of 18
(7) 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.
(8) The machines(s) shall be constructed and maintained with durable waterproof material.
(9) Reverse vending machines shall be clearly marked to identify the type of Material to be
deposited, operation instructions, and the identity and phone number of the operator Or
responsible person to call if the machine is inoperative.
(10) The machines shall be maintained in a clean, vermin free, and litter free condition on a
daily basis. This shall include the cleaning of the machines and the surrounding walkways to
reduce the discoloration, stickiness, and likelihood for attracting vermin. A cleaning schedule
shall be submitted for approval via a planning director's modification to the approved precise
plan for the site. Said cleaning schedule shall identify the tasks to be undertaken, and the
frequency of those tasks.
(11) Operating hours shall be at least the operating hours of the primary host use.
(12) A twelve-inch by twelve-inch sign which states the redemption value offered shall be
posted prominently on or adjacent to the machines.
(13) 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 conditional use permit
process.
(1) Site location criteria.
a. Said facilities shall not substantially increase vehicular traffic nor existing noise levels in
adjacent residential areas on local residential streets or shall be mitigated.
b. Said facilities shall, not substantially lessen the usability and -suitability of adjacent or nearby
properties for their existing use.
c. 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.
d. 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.
a. 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
b. All waste unloading, loading, and processing equipment and adtivitio .s shall be contained
within an enclosed building with only sufficient openings, for ingress/egress of vehicles and
ventilation.
c. Sufficient off-street parking shall be provided to accommodate all company, employee and
visitor vehicles on-site.
d. On-site truck stacking and maneuvering area shall be provided a .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
15 of 18
yard setback, and shall be completely screened by solid masonry walls not less than six (6) feet
in height with appropriate landscaping and irrigation. -
e. 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 iequirements of the integrated waste management board,
regional water quality control board, and Los Angeles County Department of Health.
f. Average noise levels shall not exceed seventy (70) dBA as measured at the property line of
the facility in cases where any abutting nonresidentially 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.
g. Adequate safety features (e.g..sprinIder systems, alarm systems,,materials screening program,
emergency procedures) shall at a minimum be incorporated into the design of the facility.
h. Adequate dust, odor and noise controls shall be incorporated into the facility to minimize
generation and off site transmission of dust, odor and noise.
i. 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 'cbllected and the collection
schedule
j. All lighting shall be focused and directed and so arranged as to prevent glare or direct
illumination on streets or adjoining property. • • • '
k. The lighting system shall be so designed to produce a minimum maintained average lighting
level of one (1) foot-candle on the entire facility's horizontal SUrfaCe. • r
. . .
1. If the MRF/Transfer Station facility is located Within -five hundred (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 subsection (c)(2)f. • 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. . . . •
in. All open areas, other than landscaped planter beds, 'shall be paved with not less than two and
one-half (2 1/2) 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.
n. 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 (6) feet ,in height, landscaping,.
existing topographic conditions, or a combination thereof • '‘• • •
o. A minimum of twenty-foot wide planters shall be provided along all street frontages except
for driveway openings. . . .
p. 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. • •
q. Refuse shall be handled as quickly as possible to avoid longterm exposure on-site.
r. 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.
•
. . , •
16 of 18
s. No waste, trash except for, separated recyclables, shall be stored at the facility overnight for
longer than twenty-four (24) hour. s,,Unless the facility is properly permitted to do so.
t. 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. '
u. The facility operator shall, prepare and implement a noise monitoring and abatement
program, which shall be . approved by the city enforcement waste management agency. The
program shall monitor noise levels at the property line of at a minimum of three (3) 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 twenty-four (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.
v. The facility shall comply with Rule 402 of the South Coast Air Quality Management District
w. Upon detection, extremely odorous loads entering the MRF shall be transferred as soon as
possible. . .•
x. When necessary, the MRF opera-tor 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.
y. Additional odor controls including the base available odor suppression technology shall be
used if necessary to minimize the release of fugitive odors.
z. The facility operator .shall .prepare and implement an 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 prograill 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 (3) 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.' twenty-four (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 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.
Specifies 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.
(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-
5-94, Ord. No 2014, § 2, 4-21-98)
Sec. 26-685.94. Signage.
(a). Reverse vending machines shall -have a sign area of a maximum of two (2) Square feet per
machine, exclusive of operating instructions.
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(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 26-685.96. • • . . . • • , •
• - • -
(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." . .• . . •
• • •
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City of West Covina
TO: Andrew G. Pasmant, City Manager
and city Council
Memorandum
AGENDA
ITEM NO. 13
DATE December 21, 2010
FROM: Jeff Andersbn, 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 wa.ste‘ 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.
1. 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).
2. Separation of Small Collection Facility and Residences. Increase the separation of a Small
Collection Facility from residential uses from 100 feet to 250 feet.
3_ 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.
4. 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.
5. Screening Requirement. Require Small Collection Facilities to be screened from public
streets. The current code does not contain any standards for screening.
6. 24-Hour Drop-off For 1?ecyclables. 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.
ZACase Files\CODE AMENM2009\09-06 Amendment to Recycling Centers\CC\CC Staff Report.doc
Code Amendment No 09-06
Recycling Facility Standards and Procedures for Hearings, Revocations and Appeals Code Update
December 21, 2010- Page 2
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.
8. 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. ,
1. 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 pettait. The proposed revision adds the following.
(a) The development entitlement dependent thereon has been revoked or suspended.
(b) 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 repire 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).
8. 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).
9. Procedures and guidelines for decision of the City Council on appeal. The new standards
establish procedures for the City Council hearing and decision.
10. 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.
ZACase Files\CODE AMEND\2009\09-06 Amendment to Recycling Centers \CC \CC staff Report.doc
Code Amendment No. 09-06
Recycling Facility Standards and Procedures for Hearings, Revocations and Appeals Code Update
December' 21, 2010 - Page 3 ,
11. Limiting the appeal to review of the decision rather than a new hearing. The new standards
do not requires a full revocation hearing before the City Council upon appeal, rather, the City
Cou.ncil will review the decision of the Planning Commission.
12. Procedures for preparation and payment for the record on appeal. The new code requires
the appellant to V pay Vhalf the cost of the administrative record and requires that payment be
received or the appeal process terminates.
13. Standards for terminating revocation procedures. The draft code amendment allows for the
teunination 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. V These include the following
revisions.
1. 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.
2. Notification of Utilities and Local Agencies. Adds standard for notification of utilities and
agencies that provide facilities and services to the subject property.
3. Appeals of Staff Le -vel 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.
4. 10-Day Appeal Period for All Cases. Revises appeal periods so that all applications have a
10-day appeal period.
5. Clarifies Conclusion When 10 6 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.
7 . V Appeal Time Period.. 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.
ZACase Files \CODE AMENDV009\09-06 Amendment to Recycling Centers \CC\CC Staff Report.doc
Code Amendment No. 09-06 .
Recycling Facility Standards and Procedures for Hearings, Revocations and Appeals Code Update
December 21, 2010 - Page 4
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 Revie e 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
ZACase Files\CODE ANIEND\2009109-06 Amendment to Recycling Centers\CC\CC Staff Report. doe
ORDINANCE NO.' E NI T 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE BY AMENDING NOTICE AND
APPEALS PROVISIONS AND ADDING REVOCATION PROCEDURES
FOR CERTAIN ZONING ENTITLEMENTS (CODE AMENDMENT NO
09-06)
WHEREAS, Code Amendment No. is a City-initiated code amendment
regarding issues related to notice, appeals and revocation of certain zoning entitlements; and
WHEREAS, the 'Planning Commission, upon giving required notice, did on
conduct a duly advertised public hearing as prescribed by law, at which
time the Planning Commission adopted Resolution No. recommending to the City
Council approval of Code Amendment No.
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at the duly noticed City Council
public hearing held on
NOW THEREFORE, the City Council of the City of West Covina does ordain as
follows:
SECTION NO. 1: The proposed action is considered to be exempt from, the provisions
of the California Environmental Quality Act (CEQA). Pursuant to 14 California Code of
Regulations, Sec. 15061(b)(3) the City Council finds that it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the environment,
and therefore the activity is not subject to CEQA.
SECTION NO. 2: Based on the evidence presented and the findings set forth, the City
Council of the City of West Covina approves Code Amendment No. to amdnd
Article VI of Chapter 26 and to add Division 12 to Article VI of Chapter 26 (Revocation
Procedures) of the West Covina Municipal Code to read as shown on Exhibit "A" attached
hereto and incorporated herein by reference.
SECTION NO. 3: This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid
SECTION NO. 5: The City Clerk shall certify to the passage of this Ordinance and it
shall be published as required by law.
PASSED AND APPROVED on this day of , 2010.
Mayor
ATTEST:
City Clerk
CC.Ordinance.ExhibitA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF WEST COVINA
I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the
foregoing Ordinance was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 5th day of July, 2005. That, thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Connell. on: the 19th- chy of July 2005.
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM:
City Attorney
2
CC.Ordinance.ExhibitA
AGENDA
ITEM NO. C-3
11111..r, C. Ltnuci
• • ATTACHME N T 3
PLANNING DEPARTMENT STAFF REPORT
CODE AMENDMENT:NO. 09706: .„ . . . .
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: . itywide
DESCRIPTION OF APPLICATION
On December 8, 2009, the Planning Commission initiated a code amendment related to
revocation standards and recycling centers. The proposed code amendment consists of
certain, amendments to Chapter 26 (Zoning) of the West Covina Municipal Code related
to recycling facility standards and procedures for hearings, revocations and appeals.
II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending
approval of Code.Amendment No. 09-06 to the City Council.
III. ENVIRONMENTAL DETERMINATION
The proposed code amendment is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA
Guidelines in that it consists of a code amendment, which does not have the potential for
causing a significant effect on the environment.
IV. BACKGROUND
The Planning Commission initiated Code Amendment No. 09-06 to modify standards for
recycling facility standards and revise the current standards for revocation and appeal
procedures. The Planning Commission held a study session pertaining to the recycling
facility standards on June 8, 2010. For your review staff has included the table that was
presented to you at that study session (Attachment 5).
The table includes the following revisions as• discussed at the June 8, 2010 Planning
Commission Meeting:
1. Rename Recycling Centers to Small Collection Facility (Terminology)
2. Increase Small Collection Facility distance standards when adjacent to Residential uses
3. Add Recycling Center categories to the use matrix
4. Remove "Administrative Modification" application process
5. Modify weekend hours of operation for small collection facilities
6. Prepare visual screening guidelines
7. Delete 24-hour drop off for small collection facilities
8. Delete Mobile Recycling Unit
9. Modify location standards for small collection facilities
ZACase Files \CODE AMEND \2009 \ 09-06 Amendment to Recycling Centers \Staff Repory 10.12.10.doc
code Amendment No. 09-06
Procedures for hearings, revocations and appeal Standards
October 12, 2010 - Page 2
At that study session, the Planning Commission gave direction to staff to research potential
visual screening guidelines that could be required of recycling facilities. Staff has noted that
recycling facilities come in various forms and locations, so the type of screening that might
be required in a commercial area might not be required in a manUfacturing area. addition,
in researching other city codes, staff did not find any specific standards for screening.
However, staff did find that some cities include a requirement that screening be installed per
review of the application, allowing for a case-by-case review• for screening. Staff has
therefore included that standard in the proposed code amendment.
In addition, since the June 8, 2010 Study Session, the City Attorney's office has prepared
code language for notices, appeals and revocation procedures. These proposed standards
have been developed to comply with current law, clarify and simplify hearing and appeal
procedures and add unified revocation procedures. The additional changes to procedures for
hearings include the following:
Add requirement that the public hearing notice be mailed to the applicant or his/her
agent, and the property owner.
Add standard for notification of utilities and agencies that provide facilities and
services to the subject property.
Add text allowing the City Council the ability to determine if they desire to hear
appeals of Planning Director or Subcommittee appeals from the Planning
Commission.
• Include language specifying appeal deadlines in cases where the City is closed.
• Increase the number of days to hear an appeal by the City Council from 30 days to
45 days from the date of filing of the appeal.
The additional changes to the Revocation Procedures include the following:
• A requirement that the Planning Commission will be the hearing body for all permits
approved by the Planning Director and the Planning Commission.
• Grounds for revocation.
Process for initiating revocation proceedings.
Guidelines for notice of hearing for Conditional Use Permits and Administrative Use
Perrnits.
Standards for hearing notice content.
Hearing procedures and standards.
Requirements for notification of a decision by the hearing board.
Procedures for appeals of the decision of the hearing board.
Procedures and guidelines for decision of the City Council on appeal.
Limiting the number of appeals. , •
Limiting the appeal to review of the decision rather than a new hearing.
Procedures for preparation and payment for the record on appeal.
Standards for terminating revocation procedures.
ZACase Files\CODE ANIEND\2009\09-06 Amendment to Recycling Centers\Staff Report 10.12.10.doc
Code Amendment No. 09-06
Procedures for hearings, revocations and appeal Standards
October 12,2010 - Page 3
A representative from the .City.Attorney's office will . be at the public hearing to answer any
questions on the proposed code changes for the notices, appeals and revocation procedures.
If the Planning Commission approves the proposed code amendment, it will be presented to
the City Council for their review and approval,
Based on the work completed on the code amendment, there are two outstanding questions
that staff is requesting the Planning Commission's direction on.
Is the Planning Commission comfortable with the case-by-case review of screening
for recycling facilities?
2. Is the Planning Commission comfortable with the proposal to allow the City Council
the discretion to determine if they would like to hear an appeal of Planning Director
or Subcommittee appeals for the Planning Commission?
Concl
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).
VII. STAFF RECOMMENDATION
Staff recommends that the -Planning Commission adopt a resolution recommending
approval Of Code Aniendment No. 09-06 to the City Council.
PREPARED BY:
Garcia
Planning Associate
REVIEWED AND APPROVED:
Jeff -41/. erson AICP ' A. mg Planning Director
Attachments:
Attachment 1 — Code Amendment Resolution
Attachment 2— Summary of Proposed Code Changes October 12, 2010
Attachment 3 — Summary of Revisions to Notices, Appeals and Revocation Process October 12, 2010
Attachment 4— Planning Commission Staff Report, June 8, 2010
Attachment 5 — Table for Recycling Centers Code Amendment, June 8, 2010
Z:\Case Files\CODE AMEND \2009\09-06 Amendment to Recycling Centers\Staff Report 10.12.10.doc
Planning Commission Minutes
Page 3 — October 12,2010
OPPONENTS ATTACHMENT 4
No one spoke in opposition.
Chairman Sotelo closed the public hearing.
There was a discussion by the Commission regarding the location of the light standard
and undergrounding of the equipment cabinet. The Conunission also asked if the little
league had been notified of this application.
It was the consensus of the Commission that they would support this application;
however, they also agreed that the condition requiring the undergrounding of the
equipment cabinet should not be waived.
Motion by Redholtz, seconded by Stewart, to adopt Resolution No. 10-5388 approving
Conditional Use Permit No 10-05. Motion carried 5-0.
(3 )
CODE AMENDMENT NO. 09-06
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
REQUEST: The proposed code amendment consists of certain amendments to
Chapter 26 (Planning) of the West Covina Municipal Code related
to "Recycling Center" Standards and revocation procedures.
Chairman Sotelo opened the public hearing. Planning Associate Ron Garcia presented
the staff report. During his presentation, Mr. Garcia spoke about the proposed changes to
the procedures for hearings, revocations and appeals and recycling center standards and
terminology for small recycling centers. Commissioner Holtz asked about the hours of
operation on holidays and weekends. There was also a discussion regarding the new
revocation procedures, and the appeal process. City Attorney Scott Nichols also
answered questions regarding the new appeal process and explained how the new process
would work.
PROPONENTS:
No one spoke in favor of this matter
OPPONENTS:
No one spoke in opposition to this matter.
Chairman Sotelo closed the public hearing.
There was a short discussion by the Commission regarding the matters presented. It was
the consensus of the Commission that the proposed code amendment would address
sections of the recycling standards and bring them up to date.
Motion by Redholtz, seconded by Holtz, to adopt Resolution No. 10-5389 recommending
approval of Code Amendment No. 09-06 to the City Council. Motion carried 5-0.
D. NON HEARING ITEMS
None
E. CONTINUATION OF ORAL COMMUNICATIONS
.
Continuation of Item A, Oral Communications
ZACC Agenda E-maiis to Victor\2010\12.21.10\attach 4.doc
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 revooation hearings-that can occur., and the time.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 to grounds that include the following.
.(a) The development entitlement dependent thereon . has been revoked or suspended. . . .
(b) 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 a
revocation can be initiated by the City Council, Planning Commission, or Planning Director.
4. Guidelines for notice of hearing for Conditional Use Permits and Administrative Use Permits.
In the case of revocations, the current code does not specifically indicate 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).
5. Standards for hearing notice content. The draft code amendment enumerates the information
required to be included in the revocation hearing notice.
6. 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 transcript).
Procedures and guidelines for decision of the City Council on appeal. The new standards
establish procedures for the City Council hearing and decision.
10. Limiting the number of appeals. The draft code amendment limits the number of appeals by
beginning the revocation hearing at the Planning Commission rather than at staff level.
11. 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, rather, the City Council will
review the decision of the Planning Commission.
12. Procedures for preparation and payment for the record on appeal. The new code requires the
appellant to pay half the cost of the administrative records and requires that payment be received
or the appeal process terminates.
13. Standards for terminating revocation procedures. The draft code amendment allows for the
termination of revocation proceedings if the nuisance is resolved or the operation of the building
ceases.
ZACase Files\CODE AMEND\2009\09-06 Amendment to Recycling Centers\PC.Summary of Code Changes.doc
Summary of Proposed Code Changes October 12, 2010 Item Discussion Recommended Revisions 1. Recycling Centers Currently the code indicates recycling centers are facilities that are small in scale. The code Changed the terminology from recycling center to small (Terminology) uses the term "Recycling Center" to refer to many types of recycling centers. To efficiently and collection facility. clearly define small operating recycling facilities, the code could be modified to change the terminology to "Small Collection Facilities". 2. Small Collection Currently the code indicates a minimum distance of 100 feet between a residence and small Increased the distance requirement from 100 feet to 250 Facility distance collection facility. Staff conducted a survey of other cities' requirements. These feet. standards to requirements range from 150 feet to 500 feet between residences and collection facilities. Residential uses 3. Add Recycling Currently the code indicates Recycling Centers and.directs you to a specific section of the code Added all five recycling uses in the use matrix. This Center categories to for recycling uses. The section indicates five types of centers. The use matrix could be allows for consistency between the Land Use Matrix and the use matrix . modified to include all five recycling uses in the use matrix and providing the permit process the recycling section of the code required. ZACase Files\CODE AMEND\2009\09-06 Amendment to Recycling Centers\CC\recycling center chart 10.12.10.doc Page 3
Summary of Proposed Code Changes October 12, 2010 Item . Discussion . Code Change 4. Removing "Administrative Modification" Application process Currently the code requires the approval of an Administrative Modification for the operation of Small Collection Facilities (recycling centers). The administrative modification process is not specified anywhere in the code. In the past an administrative review process was required which does not require notification. Require an Administrative Use Permit.. This process allows for notification of surrounding properties and businesses and allows for revocation. In cases; where there are issues with neighboring properties or businesses, or staff has concerns, an AUP can be forwarded to the Planning Commission 5. Hours of Operation during the weekend for small Recycling Centers Currently the code requires recycling facilities to operate between the hours of 8:00 a.m. and 7:00 p.m. Staff is recommending the hours of operation be modified to further limit operation , hours during the weekend. By modifying the hours of 'operation 'provides clarification and greater enforcement in the code. Changed the. hours: of operation from 8:00 a.m. 7:00 . p.m. to 40 'a .m. to 6:00 p.m., on weekends and holidays. This reduces impacts to neighboring properties on weekends. 6. Design Criteria visual screening Currently the code does not include specific design criteria or require visual screening for small collection facilities. Some cities have established design criteria and visual screening requirements In reviewing standards in other cities requirements for small collection facilities, staff found that most cities granted the Planning Director or hearing body the authority to determine visual screening requirements on a case-by-case basis. Staff has included code language for your review and consideration. ZACase Files\CODE AMEND\2009\09-06 Amendment to Recycling Centers\Carecycling center chart 10.12.10.doc Page 3
Summary of Proposed Code Changes October 12, 201 Item Discussion 7. Delete 24 hour Currently the code allows for 24-hour drop off recycling centers. Staff is recommending that Eliminated the allowance for 24-hour drop off. drop off for small language allowing 24-hour drop off containers be removed from the code and allow the collection facilities operation of facilities to comply with the hours of operation suggested for weekdays and weekends. 8. Delete Mobile Currently the code provides a definition for mobile recycling as a type of facility and a Removed mobile recycling unit. Recycling Unit standard is included. However the code does specify an entitlement process. To avoid confusion staff is recommending mobile recycling units be removed from the code. 9. Size and Area of Currently the code specifies a small collection facility to occupy no more than five parking Modified code to indicate the placement of small Recycling Unit spaces. This reduces the City's flexibility for larger lots and in cases where a property has an recycling facilities shall not create a parking deficit. abundance of parking. 10.Location Currently the code allows small collection facilities in all industrial/manufacturing, commercial Standards for Small zones, and all PCD-1 commercial areas. Establishing a specific location standard for facilities Recycling facilities would provide a standard for the location of facilities as opposed to allowing them in all zones. For example a location standard would include only allowing small collection facilities in conjunction with a supermarket. Required that small collection facilities can only be located on a property with a market that is greater than 30,000 square feet of floor area. Z:\Case Files\CODE AMEND\2009\09-06 Amendment to Recycling Centers\CC\recycling center chart 10.12.10.doc Page 3
City of West Covina
Memorandum
AGENDA
Item No. 4 .
Date January 18, 2011
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Thomas Bachman, Assistant City Manager
SUBJECT: CITY TREASURER’S REPORT FOR NOVEMBER 2010
RECOMMENDATION:
It is recommended the City Council receive and file this report.
DISCUSSION:
Effective January 1, 2006, Section 53646 of the Government Code states that a city’s chief
fiscal officer may submit quarterly reports to their legislative body. This report is to include
the type of investment, issuer, date of maturity, par and dollar amount invested on all
securities, investments, and money held by the local agency. It must also include a statement
that the portfolio is in compliance with the City’s investment policy, or manner in which it is
not in compliance, and note the ability of the local agency to meet its expenditure
requirements for the next six months, or provide an explanation as to why sufficient money
may not be available.
Although it is no longer a requirement to submit quarterly reports to the local legislative
body, the Finance Department will continue to submit treasurer’s reports to the West Covina
City Council each month.
The November Report shows the City’s portfolio decreased from $39,966,074.46 on October
31, 2010, to $38,638,556.56 on November 30, 2010. Beginning with the May 2001 report,
average maturity information has been provided for investments in the City’s portfolio. The
overall average maturity of the portfolio is 962 days or approximately two and a half years.
Approximately 3 percent of the portfolio is on deposit in various bank accounts. These funds
are available to satisfy obligations as needed. The majority of the portfolio is on deposit in
two investment pools. Approximately 40 percent is held in the State of California Local
Agency Investment Fund (LAIF) and 21 percent is in the Los Angeles County Investment
Pool (LACIP). These funds are completely liquid since the City could withdraw them at any
time. The portfolio also includes two long-term, high interest investments made in the early
1980s which constitute approximately 36 percent of the portfolio.
_________________________ ___________________________________
Prepared by: Dennis Swink Reviewed/Approved by: Thomas Bachman
Controller Finance Director
CITY OF WEST COVINA
STATEMENT OF TREASURER'S ACCOUNTABILITY
NOVEMBER 30, 2010
TYPES OF DEPOSITS:OCTOBER 31 DEPOSITS WITHDRAWALS NOVEMBER 30
CHECKING ACCOUNTS
WELLS FARGO GENERAL CHECKING $278,289.00 $14,531,632.35 $14,495,924.35 $313,997.00
WELLS FARGO BANK GEN AUTO & LIABILITY - 97,024.72 97,024.72 -
WELLS FARGO BANK WORKER'S COMPENSATION 50,000.00 142,856.73 142,856.73 50,000.00
WELLS FARGO PAYROLL 73,468.64 3,124,200.83 3,046,151.24 151,518.23
SUB-TOTAL $401,757.64 $17,895,714.63 $17,781,957.04 $515,515.23 1.334%
OTHER INVESTMENTS:
WELLS FARGO SWEEP $1,178,768.09 $5,091,118.16 $5,543,825.40 $726,060.85 1.879%
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA)3,688,593.75 - - 3,688,593.75 **9.546%
FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC)10,199,962.50 - - 10,199,962.50 **26.398%
LOCAL AGENCY INVESTMENT FUND - CITY (LAIF)16,442,989.98 2,200,000.00 3,200,000.00 15,442,989.98 39.968%
LOS ANGELES COUNTY POOL (LACIP)8,054,002.50 11,431.75 - 8,065,434.25 20.874%
SUB-TOTAL $39,564,316.82 $7,302,549.91 $8,743,825.40 $38,123,041.33 98.666%
TOTAL $39,966,074.46 $25,198,264.54 $26,525,782.44 $38,638,556.56 100%
** These two high interest long term investments were made before State Law limited investments to a maximum five-year term.
It has been verified that this investment portfolio is in conformity with the City of West Covina's investment policy which was approved by the City Council on January 18, 2005.
The investment portfolio provides sufficient cash flow liquidity to meet estimated expenditures for the next six months. This report is accurate with respect to all information received as of December 14, 2010.
EARNED INTEREST YIELD THIS PERIOD: 3.358%SIX-MONTH TREASURY BILL YIELD: 0.180%
REVIEWED BY:PREPARED BY:
__________________________________________________________________________________________________
Dennis Swink, City Controller Angel F. Pateña, Revenue Services Supervisor
SUBMITTED BY:APPROVED BY:
__________________________________________________________________________________________________
Thomas Bachman, Assistant City Manager/Finance Director Marian V. Smithson, City Treasurer
City of West Covina Portfolio Details
November 30, 2010
AVERAGE 11/30/2010 10/31/2010
INVESTMENT INVESTMENT ISSUER MATURITY PURCHASE DAYS TO CUSIP RATE YIELD COST PAR MARKET MARKET
NUMBER TYPE DATE DATE MATURITY VALUE *VALUE *
1986-06-01 ** FHLMC U.S. GOVERNMENT AGENCY 06/01/16 06/01/86 313400MC4 8.250 7.728 10,199,962.50 9,555,000.00 11,925,882.15 12,099,018.75
1981 10,199,962.50 9,555,000.00 11,925,882.15 12,099,018.75
1985-12-10 ** FNMA U.S. GOVERNMENT AGENCY 12/10/15 12/10/85 313586UB3 10.350 8.418 3,688,593.75 3,000,000.00 4,229,070.00 4,286,250.00 1810 3,688,593.75 3,000,000.00 4,229,070.00 4,286,250.00
1992-04-20 LACIP LOS ANGELES COUNTY TREASURER***04/20/92 499 N/A 1.380 1.380 8,065,434.25 8,065,434.25 8,065,434.25 8,065,434.25
1989-10-19 LAIF STATE OF CALIFORNIA 10/19/89 184 N/A 0.454 0.454 15,442,989.98 15,442,989.98 15,442,989.98 15,442,989.98
962 TOTALS:37,396,980.48 36,063,424.23 39,663,376.38 39,893,692.98
* MARKET VALUES HAVE BEEN PROVIDED BY UNION BANK.
** These two high interest long term investments were made before State Law limited investments to a maximum five-year term.
*** For this month's report, October 2010 LACIP Earnings Rate and October 2010 LACIP Weighted Average Days to Maturity were used due to the unavailability of November 2010 figures as of the writing of this report.
Note: The Wells Fargo Sweep account was not included in the calculation of average maturity.
City of West Covina
Memorandum
AGENDA
Item No. 5 .
Date January 18, 2011
TO: Andrew G. Pasmant, Executive Director
and the Community Development Commission
FROM: Thomas Bachman, Assistant City Manager
SUBJECT: CDC TREASURER’S REPORT FOR NOVEMBER 2010
RECOMMENDATION:
It is recommended the Community Development Commission Board receive and file this
report
DISCUSSION:
Effective January 1, 2006, Section 53646 of the Government Code states that a city’s chief
fiscal officer may submit quarterly reports to their legislative body. This report is to include
the type of investment, issuer, date of maturity, par and dollar amount invested on all
securities, investments, and money held by the local agency. It must also include a statement
that the portfolio is in compliance with the City’s investment policy, or manner in which it is
not in compliance, and note the ability of the local agency to meet its expenditure
requirements for the next six months, or provide an explanation as to why sufficient money
may not be available.
Although it is no longer a requirement to submit quarterly reports to the local legislative
body, the Finance Department will continue to submit treasurer’s reports to the West Covina
Community Development Commission Board each month.
The November Report shows the CDC’s portfolio decreased from $14,964,300.98 on
October 31, 2010, to $9,513,345.10 on November 30, 2010. To ensure funds are available on
short notice to take advantage of development opportunities, the CDC’s surplus funds are in
investment pools with the State of California Local Agency Investment Pool (LAIF) and the
Los Angeles County Investment Pool (LACIP). These funds are completely liquid since the
City could withdraw them at any time. Approximately 49.70 percent of the portfolio is on
deposit in LAIF and 49.80 percent is in LACIP. The remaining 0.50 percent of available
cash is on deposit in various checking accounts. This report also shows cash holdings for the
Community Facilities District. These funds are used for district operating expenses and debt
service and are invested in a separate LACIP account.
_________________________ ___________________________________
Prepared by: Dennis Swink Reviewed/Approved by: Thomas Bachman
Controller Finance Director
COMMUNITY DEVELOPMENT COMMISSION
STATEMENT OF TREASURER'S ACCOUNTABILITY
NOVEMBER 30, 2010
TYPES OF DEPOSITS:OCTOBER 31 DEPOSITS WITHDRAWALS NOVEMBER 30
CHECKING ACCOUNTS
WELLS FARGO GENERAL CHECKING $155,985.72 $5,185,798.80 $5,317,475.98 $24,308.54
PACIFIC WESTERN NAT BANK RDA PROGRAMS (SBA/FTHB/HPP)17,350.90 65,250.00 65,250.00 17,350.90
SUB-TOTAL $173,336.62 $5,251,048.80 $5,382,725.98 $41,659.44
OTHER INVESTMENTS:
LOCAL AGENCY INVESTMENT FUND (LAIF)$10,055,777.13 $957,000.00 $6,283,000.00 $4,729,777.13
LOS ANGELES COUNTY POOL (LACIP)4,735,187.23 6,721.30 - 4,741,908.53
SUB-TOTAL $14,790,964.36 $963,721.30 $6,283,000.00 $9,471,685.66
TOTAL $14,964,300.98 $6,214,770.10 $11,665,725.98 $9,513,345.10
COMMUNITY FACILITIES DISTRICT REVENUE FUND
WELLS FARGO BANK C.F.D. CHECKING $92,792.72 $122,900.00 $214,000.00 $1,692.72
LOS ANGELES COUNTY POOL (LACIP)400,321.68 214,578.59 - 614,900.27
TOTAL FOR C.F.D. REVENUE FUND $493,114.40 $337,478.59 $214,000.00 $616,592.99
It has been verified that this investment portfolio is in conformity with the City of West Covina's investment policy which was approved by the City Council on January 18, 2005.
The investment portfolio provides sufficient cash flow liquidity to meet estimated expenditures for the next six months. This report is accurate with respect to all information received as of December 13, 2010.
EARNED INTEREST YIELD THIS PERIOD: 0.918%SIX-MONTH TREASURY BILL YIELD: 0.180%
REVIEWED BY:PREPARED BY:
__________________________________________________________________________________________________
Dennis Swink, City Controller Angel F. Pateña, Revenue Services Supervisor
SUBMITTED BY:APPROVED BY:
__________________________________________________________________________________________________
Thomas Bachman, Assistant City Manager/Finance Director Marian V. Smithson, City Treasurer