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Ordinance - 2213ORDINANCE NO.2213 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 8`" day of June, 2010 conducted a study session; and WHEREAS, the Planning Commission, upon giving required notice, did on the 12th 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 sc 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): 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 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 it shall be published as required by law. 1 Ordinance No. 2213 APPROVED AND ADOPTED on this Wh day of January, 2011. V Mayor Ste e He ATTEST: City Clerk Laurie`Carrico 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" day of December, 2010. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18th day of January, 2011, by the following vote: AYES: Armbrust, Lane, Sanderson, Touhey, NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: 4.A ttorne Arnold Alvarez-Glasman f 2 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: "Sec. 26-206. Notices. 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. c. Three -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 three hundred (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 telecommunication antennae facilities, postal service uses, and computer game/internet 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 di.vision.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. 4 (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: "See.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. 5 The provisions of this Division 12 shall apply to the revocation of Conditional Use Permits, Administrative Use Permits and Administrative 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 notice 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 W 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 at 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 timing of presentations may be altered by the hearing body in 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 unsworn 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 be allowed unless the hearing body determines that cross-examination is necessary to avoid a prejudicial denial of due process. (fJ Documents should be identified and labeled in an orderly fashion when submitted to the hearing board. 7 (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 the permit 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 appeal, and must be 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 record 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 of the 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. (0 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 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 appeal based 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. 26-297.20. 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 permit 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. ON (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 permitee 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 proceedings 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) R R M M M M O N R S C C M I P O A 1 8 15 20 45 P C C C 2 3 1 P B S Recording studio a a a a a a a a Recreational centers (private) (except uses listed c c c c c c c c c c c c -- c individually in sec. 26-597) Recycling Centers Small collection facilities not in conjunction with materials recovery facility a a a a a a a or solid waste transfer and processing station (See Section 26-685.91 Recycling Centers Reverse vending a a a a a a a achine(s)/bulk reverse vending machine Recycling Centers Reverse vending machine(s) located within x x X x x x x or under the roof line of a commercial structure 10 R R M M M M O N R S C C M I P O A 1 8 5 20 45 P C C C 2 3 1 P B S Recycling Centers Materials recovery facilityc c Recycling Centers Solid waste transfer and c c processing stations Religious facility c c c c c c c c c c c c -- Religious supply and reading rooms x x x -- Rental service as listed in his section as retail providing all storage of rental equipment shall be x x x -- within an enclosed building unless specifically stated otherwise. 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 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 minimum c c -- x site) Roominghouse c c c c c c -- R4 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, byuse 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 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 defined 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 composting. (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 refund or 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. 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 thereof, discarded home and industrial 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 ;include material recovery facilities and recycling centers, except that permits shall be required only as required 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 in 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, Exh. 1), 4= 5-94; Ord. No. 2030, § 4, 4-20-99) 12 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 when the 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: 13 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 0 26--35 1 36--49 = 2 50--99 3 100--299 4 300 and up 5 (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 front 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 (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 activities 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 as 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 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 requirements 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. sprinkler 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 collected 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.. 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 maybe 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 iri 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 s. No waste, trash except for separated recyclables, shall be`stored at the facility overnight for longer than twenty-four (24) hours, 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 operator 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 program 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, 11-2747; 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. 17 (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." 18 CERTIFICATION I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. 2213 was duly enacted and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the following locations: West Covina City Clerk's Office (3`d floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) Susan Rush; Assistaht City Clerk Posted: January 25, 2011