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Ordinance - 2263ORDINANCE NO.2263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO DONATION DROP BOXES WHEREAS, on the 9th day of June, 2013, the Planning Commission initiated a code amendment to establish standards for donation drop boxes; and WHEREAS, the Planning Commission held a study session on the 12`h day of November, 2013; and WHEREAS, the Planning Commission, upon giving required notice, did on the 28th day of January, 2014, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 14-5551 recommending to the City Council approval of Code Amendment No. 13-05; 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 4th day of March, 2014 and requested that the Planning Commission review the proposed code amendment in regards to donation drop boxes at religious facilities; and WHEREAS, the Planning Commission, upon giving required notice, did on the 22nd day of April, 2014, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 14-5611 recommending to the City Council approval of Code Amendment No. 13-05; and WHEREAS, the City Council, upon giving the required notice, did on the 151h day of July, 2014, conduct a duly advertised public hearing as prescribed by law and determined to send the proposed code amendment back to the Planning Commission for further study regarding donation drop boxes at religious facilities; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. The Municipal Code currently has standards for recycling facilities which is similar to Donation Drop Boxes. 2. Due to the different nature of Donation Drop Boxes, that some have been located in the City that are unmanned and can create nuisance issues such as graffiti and debris, it is necessary to review the standards to determine if the current standards are appropriate. 3. 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 above recitals are true and correct and are incorporated herein as if set forth herein in full. SECTION NO. 2: Based on the evidence presented and the findings set forth, Code Amendment No. 13-05 is hereby found to be consistent with the West Covina General Plan and the implementation thereof and that the public necessity, convenience, general welfare, and good zoning practices require Code Amendment No. 13-05. SECTION NO. 3: Based on the evidence presented and the findings set forth, the City Council of the City of West Covina approves Code Amendment No. 13-05 to amend Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A." Ordinance No. 2263 Page 2 SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City Council for their attention in the manner as prescribed by law and this Resolution shall go into force and effect upon its adoption. APPROVED AND ADOPTED on this 19th day of August 2014. ATTEST:, 1 Cify Clerk Nickolas S. Lewis I, NICKOLAS S. LEWIS, 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 15th day of July, 2014. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19th day of August 2014 by the following vote: AYES: Sykes, Toma, NOES: Spence ABSENT: None ABSTAIN: None Warshaw, Herfert City Clerk Nickolas S. Lewis APPROVED AS TO FORM: City Attorn y Kimberly Hall Barlow Ordinance No. 2014-63 Page 3 Exhibit A CHAPTER 26 ZONING SECTION 1. Section 26-206 of Article VI of Chapter 26 of the West Covina Municipal Code, Notices, 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 (1) 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 (1) 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. Three -hundred -foot noticing radius: Notices shall be mailed to the Property owners and occupants of the subiect site and all properties within a radius of three hundred (300) feet of the exterior boundaries of the subiect site unless otherwise provided for in the sections below. Ordinance No. 2014-63 Page 4 gib. 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 c. 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. Ow .� Wn d. Animal keeping overlay zone: Notices shall be mailed to all property owners and occupants of the subject site and all property owners or occupants of properties within the overlay zone and any property owners or occupants of properties that are adjacent to the subject site and share a property line for improvements in the lower pad area. (C'odc 1960t .1t)5(}1.07:. ()rd. No. 13)33, § 1. 4-25-77: Ord. No. 1.809, 1 1, 2-27-89; t),rd. No. 1981, 2 12-17-96- Ord. No. 1992 4 i . 2{; st7c1. 277. l?xl�. ) 4-1-97; Ord. No. 1997, § 2(1 _xll. A). 6-17-97; Ord. No. 2030. § 4, 4-20-99: Ord. No. 2047, � 3, 1-18-00: Ord. No. 2{177 § 2, 1-�- {}2: t}rd. No. 2102.. § 3, 6 17 ; {)rcl. No. 2130 2, 3-1-{) ; Ch•d. No. 2139. § 3. 7-5-05: Ord. No. 2154, 3. 9-19-06; t)rcl. No. 2184, xh) t 12-16-{}8; C)rcl. No. 22(l4, ` 3(l>>h.:1), 2- 16-10; Ord. No. 2213. § 2(l "Ali. A, § 1 ), 1-18-1 1:. Ord. No. 2216. ` xh. A), 7-5-11- Ord. No. 2230, 2ff-Ati. A, � 1 >; 5-15-12} SECTION 2. Section 26-597 of Article X of Chapter 26 of the West Covina Municipal Code, Nonresidential Zones, is amended to read as follows: Ordinance No. 2014-63 Page 5 Sec. 26-597. Service, trade, cultural, public and private uses (except industrial or manufacturing). RRUMMMONRSCC I PO AIFFFFPCCC231P BS 8124 505 Recycling centers a a a a a a a Donation Drop Boxes (attended) (See Art. XII, div. 14) Recycling centers a a a a a a a Small collection facilities not in conjunction with materials recovery facility or solid waste transfer and processing station (See Seel o 26 685.O7 See Art. XII, div. 14) Recycling centers a a a a a a a Reverse vending machine(s)/bulk reverse vending machine (See Art. XII, div. 14) Recycling centers x x x x x x x Reverse vending machine(s) located within or under the roof line of a commercial structure (See Art. XII, div. 14 Recycling centers c c Materials recovery facility (See Art. XII, div. 14) Recycling centers c c Solid waste transfer and processing stations See Art. XII, div. 14) DIVISION 14. - SECTION 3. Section 26-685.90 through 26-685.94 of Article XII of Chapter 26 of the West Covina Municipal Code, Recycling Centers/Materials Recovery Facilities/Solid Waste Transfer and Processing Centers, 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. Ordinance No. 2014-63 Page 6 (Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92; Ord. No. 2213, § 2(Exh. A, § 11), 1-18- 11) 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. Donation Drop Boxes shall mean any metal, plastic, cardboard or wooden box, bin, container, trailer, accessory structure, or similar facility located outside of an enclosed building or in a parking lot or public place, provided by a person, organization, or collection center for the primary purpose of receiving or storing donated items, including household goods and clothing. The term "donation drop box" does not include any such box located inside of a building or structure. 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 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. (4) 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. Ordinance No. 2014-63 Page 7 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; Ord. No. 2213, § 2(Exh. A, § 11), 1-18- 11) 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; Ord. No. 2213, § 2(Exh. A, § 11), 1-18-11) 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 Ordinance No. 2014-63 Page 8 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 o"era*ef shall keep the area- (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: 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: Number of Available Parking Spaces Maximum Reduction 1 26-35 1 � 36-49 ............... .... ............. I 2 50-99 13 100-299. 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) Donation Drop Boxes. Unless otherwise noted, the following requirements apply to all donation drop boxes: (1) Donation drop boxes must be attended by employee(s) per the schedule approved and posted on the site. (2) Donation drop boxes shall be established in conjunction with an existing or planned commercial use, industrial 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. (3) The drop box location shall be no larger than one thousand (1,000) square feet. Ordinance No. 2014-63 Page 9 (4) The drop box 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. (5) Donation drop boxes 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 donated material shall be stored in the drop box and no materials shall be left outside of containers. (7) The drop box 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) Donation drop boxes shall have a minimum distance of two hundred and fifty (250) feet of a site zoned or occupied for residential use. (10) Donation drop boxes shall operate only during the hours between 8:00 a.m. and 9:00 p.m. (11) An approved donation drop box shall be open and attended at least six (6) days of the week. If the donation drop box is open only six (6) days in a week, an attendant shall patrol the donation drop box on any day that the donation drop box is not open to clean up any discarded items within the site. (12) Donation drop boxes shall be open at least 6 hours a day on weekdays and 4 hours a day on weekends. (13) Donation drop boxes 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. (14) The facility shall not impair the landscaping required for any concurrent use. (15) No additional parking spaces are required for customers of the donation drop box when located in an established parking lot of the host use; one (1) space will be provided for the attendant, if needed. (16) 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 use. (17)Graffiti-resistant coatings shall be used on approved donation drop boxes to assist in deterring graffiti. (18)If the permit expires, the donation drop box shall be removed by the owner of the donation drop box from the site on the day following permit expiration or when the business ceases. The provisions of the California Welfare and Institutions Code, section 150 et sea. are incorporated by reference here. (19)This section does not apply to religious facilities or non-profit businesses which place and operate their own donation boxes on the property at which they operate (bc) 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. Ordinance No. 2014-63 Page 10 (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). (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. (ed) 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 Ordinance No. 2014-63 Page 1 1 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 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 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. Ordinance No. 2014-63 Page 12 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. , 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. Ordinance No. 2014-63 Page 13 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; Ord. No. 2213, § 2(Exh. A, § 11), 1-18-11) 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. (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. (Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92; Ord. No. 2213, § 2(Exh. A, § 11), 1-18- 11) 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. a 243 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 (3ra floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) , z 41� k. 2., � Susan Rush, Assistant City Clerk Posted: o'll p �?'l 2U/