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Ordinance - 2068ORDINANCE NO. 2068 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING CHAPTER 12 OF • THE WEST COVINA MUNICIPAL CODE RELATED TO THE KEEPING OF TRASH CONTAINERS IN PUBLIC VIEW ADJACENT TO ALLEYS WHEREAS, Section 12-20(d) of the West Covina Municipal Code currently requires trash containers to be kept in an area not visible from the public street when not placed out for collection; and WHEREAS, Section 1-23 of the West Covina Municipal Code specifically includes "alleys" within the definition of "street"; and WHEREAS, based on these code sections, trash containers currently are not permitted to be stored in areas adjacent to alleys that are visible from the alley; and WHEREAS, the City Council directed the Planning Commission to review and consider the matter of trash containers being stored in public view in areas adjacent to alleys; and WHEREAS, on April 24, 2001, the Planning Commission considered this matter and concluded that trash containers stored within public view in areas adjacent to alleys was not visually offensive or objectionable and should not be prohibited; and WHEREAS, the Planning Commission voted to recommend to the City Council that Section 12-20(d) of the West Covina Municipal Code be amended to exempt trash containers stored adjacent to alleys from the prohibition on trash containers being stored in public view; and WHEREAS, on the 5`h day of June, 2001, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties; and NOW, THEREFORE, the City Council of the City of West Covina does hereby 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 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. SECTION NO. 2: Based on the evidence presented and the findings set forth, the City Council of the City of West Covina hereby amends Chapter 12 of the West Covina Municipal Code to read as shown on Exhibit "A." SECTION NO. 3: The City Clerk shall certify as to the passage of this Ordinance • and shall cause the same to be published as required by law. PASSED AND APPROVED on this 19"' day of June, 2001. ATTEST: Ciiy Clerk Janet Berry STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 2068 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 51h day of June, 2001. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19th day of June, 2001. AYES: NOES: ABSENT: Herfert, Miller, Sanderson, Touhey, Wong None None APPROVED AS TO FORM: Cit Attoi iey Arnold Alvarez-Glasman 0 City Clerk Jktjt Berry EXHIBIT A Amend Article II (Collection) of Chapter 12 (Garbage and Rubbish Collection) of the West Covina Municipal Code as follows: Amend Section 12-20 to read as, follows: 0 Sec. 12-20. Placement of receptacles. (a) Residential: No person shall place any solid waste or recyclable material or yard waste or any container containing such material at any place of collection before 5:00 p.m. of the day preceding its scheduled collection, or leave any such container at the place of collection after 8:00 p.m. on the day of actual collection, or for more than two (2) hours after actual collection, whichever is later. The approved collection agent shall remove all solid waste, recyclable material or yard waste in the manner agreed upon with the affected property owner or in the manner directed by the city. However, in the event that there is no such agreement the authorized collection agent shall remove all solid waste, recyclable material or yard waste from the curb along the street in front of each dwelling or other building or from the paved alley only if the solid waste is deposited at the rear property line. On streets without curbs, containers shall be placed in the parkway but not in the flowline. (b) Industrial, Commercial and Multiple Dwelling: Industrial, commercial and multiple dwelling residential solid waste containers or containers for recyclable material or yard waste installed outdoors shall be screened and located in compliance with city zoning regulations. (c) Collection From Alleys: An approved collection agent shall not be required to collect from an unpaved area at the rear of property or from: (1) A blind alley: (2) An alley less than fifteen (15) feet wide: (3) An alley which "L" or "T" shaped and not wide enough to be safe for the collection truck to turn without damage to the truck or to the adjacent improvements on private property; or (4) An alley the surface of which could endanger the safety or convenience operation of the trucks at all seasons of the year. (d) Public Nuisance of Containers Prohibited: When not placed on public property for collection, solid waste containers shall be kept in an area which is not visible from the public street and which will not be offensive to neighboring property so far as it is reasonably practicable to do so. Recyclable containers and yard waste containers shall be placed in the same manner. Solid waste containers, recyclable containers and yard waste containers kept in areas adiacent to public alleys shall be exempt from the subsection. 0