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Ordinance - 2164ORDINANCE NO. 2164 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING ARTICLE III OF CHAPTER 12 ESTABLISHING TRASH ENCLOSURE DISTRICTS (CODE • AMENDMENT NO.07-03) C WHEREAS, Code Amendment No. 07-03 is a City -initiated code amendment regarding the establishment of Trash Enclosure Districts; and WHEREAS, the City Council considered evidence presented by staff, and other interested parties at a regular meeting of the city Council on the 0' day of September, 2007; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: Chapter 12 of the West Covina Municipal Code (Garbage and Rubbish Collection) should be amended to establish standards for establishment of Trash Enclosure Districts. 2. 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 resolve as follows: SECTION NO. 1: Based on the evidence presented and the findings set forth, Code Amendment No. 07-03 is hereby found to be consistent with the West Covina General Plan and implementation thereof. SECTION NO. 2: 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. 3: The City Council of the City of West Covina hereby amends Chapter 12 (Garbage and Rubbish Collection) of the West Covina Municipal Code to read as shown on Exhibit "A." SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall be published as required by law. APPROVED AND ADOPTED on this 18°i day of September, 2007. Q Am Ma r Michael Touhey ATTEST: A , City ClerV riie.Carrico Ordinance No. September 18, 2007 Page 2 • 0 1, 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 4°i day of September 2007. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18°i day of September 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: ".A - City Attorney Amol4d Alvarez-Glasman City Clerk I-urie Carrico, i Ordinance No. September 18, 2007 Page 3 EXHIBIT A ARTICLE III. TRASH ENCLOSURE DISTRICTS Sec.12-30. Purpose. The purpose of this Article III is to protect the public health safety, and general welfare in commercial areas of the city by providing for the proper storage and disposal of solid waste where it has been determined that such facilities arc lacking and/or inadequate See.12-31. Definitions. For purposes of this Article 11I, the following definitions shall apply. (a) Business. "Business" means anv commercial or retail establishment building or structure where services or products are provided to a customer, or a where a profit or non-profit office is being operated. (b) Trash enclosure. A "trash enclosure" means a masonry structure enclosed on all sides, designed with a lattice or covered roof areas with a solid gate providing access to a trash area. Sec. 12-32. Trash enclosure districts. The following commercial areas are herebv designated as trash enclosure districts: (a) The properties along the easterly side of Glendora Avenue between Walnut Creek Parkway and Dalewood Street, including the addresses of 136 through 356 S. Glendora Avenue. Sec. 12-33 Trash Enclosure Requirements. All businesses within a trash enclosure district shall be required to submit and receive approval of a Trash Enclosure Location Plan pursuant to subsection (a) below within six (6) months of the formation of the district and construction of all trash enclosure improvements shall be required to be completed within twelve (12) months of the formation of the district. (a) Trash Enclosure Location Plan. Trash Enclosure Location Plans shall he submitted to the Planning Department and shall be subject to approval by the Planning Director. Trash enclosure location plans may be submitted for an individual business or collectively by a multiple number of businesses. The Trash Enclosure Location Plan shall rovide for all of the followin (1) A plan indicating the location of businesses that are included within the plan and the location and design of the trash cnclosure(s). (2) Verification that the subject trash enclosures are provided with solid waste collection service from the city's approved collection agent pursuant to sec. 12-17. (3) Verification that the collection schedule and number of proposed trash bins are adequate in capacity to accommodate the estimated amount of waste generated by the subject business(es). (4) Verification that the all other requirements of subsection (b) below are met. (5) Trash Enclosure Location Plans between two (2) or more owners or businesses shall be in the form of covenants running with the land in a form acceptable to the City Attornev, signed by the owners of the properties and Ordinance No. September 18, 2007 Page 4 the operators or tenants of the businesses, and recorded in the office of the Los Angeles Countv Recorders Office. (b) Standards. Trash enclosure location plans and trash enclosures subiect thereto, shall adhere to the following standards: (1) Distance. All trash enclosures shall be located within 150 feet of the associated businesses. This distance shall be measured as the walkinIz distance from the trash enclosure to an entrance to the business. A distance greater than 150 feet may be approved by the Planning Director depending on the tvpe of business and amount of solid waste estimated to be generated (2) Trash enclosure placement. Trash enclosures shall be placed on private property and easily accessible for trash pick-up. (3) Design Standards. All trash enclosures shall be screened on all sides from public view by a minimum five and one-half foot high concrete or decorative masonry block wall. The opening shall be provided with a solid metal gate or comparable material that can be locked. The type texture and color of materials shall be subject to approval of the planning director based on compatibility with the surroundings and visibility of the trash enclosure from public areas. (4) Capacity. A minimum of a three (3) cubic yard trash bin shall be provided in conjunction with each trash enclosure. The capacity of the trash bin(s) shall be adequate to accommodate generated waste from all businesses utilizing said bin(s) as determined by the planning director and based on the number and type of businesses utilizing the enclosure. 0