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O1714 CA:JL:atty\muni\laws\Recycle1.ord City Council Meeting 12-14-93 Santa Monica, California ORDINANCE NUHBER 1 714 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING MUNICIPAL CODE SECTION 3.36.160 RELATING TO OUTDOOR STORAGE OF REFUSE CONTAINERS IN MALL COURTS; AMENDING SECTION 5.08.170, RELATING TO POINTS OF COLLECTION OF REFUSE; AND AMENDING SECTION 9.04.10.02.150, RELATING TO ON-SITE REFUSE AND RECYCLING ROOKS OR OUTDOOR ENCLOSURES WHEREAS, the Legislature of the state of California has found and declared that the lack of adequate areas for COllecting and loading recyclable materials that are compatible with surrounding land uses is a signif icant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for 'source reduction, recycling, and composting activities; and WHEREAS, California Public Resources Code section 42911(b) requires that cities which have not adopted an ordinance for collecting and loading recyclable materials- implement and enforce a model ordinance adopted by the California Waste Management Board as authorized by California Public Resources Code Section 42901(a); and 1 WHEREAS, City desires to adopt an ordinance more stringent than the state model ordinance, which will address the circumstances and needs unique to the City of Santa Monica; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code section 3.36.160 is hereby repealed. SECTION 2. Section 5.08.170 of the Santa Monica Municipal Code is amended to read as follows: SECTION 5.08.170 Points of Collection of Refuse. (a) Any refuse and recyclable materials placed for collection shall not be placed for collection in that portion of any street or alley abutting on property other than the property owned or controlled by the person placing the refuse and recyclable materials. On other than collection days, when refuse collections are made from the street, containers shall be stored on private property no closer than ten (10) feet from the street right-of-way line, unless the containers are 2 stored in an outdoor enclosure. Where there is a public alley along which refuse collections are made, all refuse and recyclable materials shall be placed for collection upon private property within ten (10) feet of the alley, providing there shall be no obstructions between such refuse and recyclable materials and the alley property line. In the event there is not sufficient unobstructed area in which to place refuse and recyclable materials on such private property, they may be placed so as not to encroach upon a public alley more than four (4) feet. If there is no pUblic alley, refuse containers shall be placed for collection on the parkway not more than four (4) feet from the'curb. (b) If a property owned or controlled by the person placing the refuse and recyclable materials is located such that no portion of the property abuts the public alley or street along which refuse collections are made, the Director of General Services shall determine ~ location in the public alley or parkway on which the property owner shall place the refuse and recycling containers for collection. The location determined by the 3 Director of General Services shall in no event encroach upon the public alley more than four (4) feet nor shall be placed more than four (4) feet from the curb when the location of the refuse and recycling container(s) is determined to be a parkway. (c) Refuse and recycling containers shall not be placed for collection earlier than 4:00 p.m. a day before collection day and not later than 7:00 a.m. on the day of collection. (d) Refuse and recycling containers placed upon a public street or alley for collection shall be removed not later than 8:00 p.m. on the day of collection. (e) No refuse or recycling containers shall be placed on any public right-of-way other than collection days without a permit having been obtained from the Director of General Services in accordance with section 7.04.670 of this Code. (f) Refuse and recyclable materials from a corner loti if there is no adjacent alley, may be placed in accordance with provisions of this Section on any frontage along which refuse collection trucks are routed, provided 4 all refuse and recyclable materials from such parcel or parcels shall be placed for collection at one place. (g) Refuse and recycling containers provided by the City for use with automated collection systems shall be placed for collection in locations which provide unobstructed access within a three foot radius of any edge of said containers. (h) The City council may by resolution establish and from time to time revise a fee requiring any person who places or stores refuse and recyclable materials or refuse and recycling containers on public property to pay a fee for the use of public property. The.fee shall not be charged to any person who, under subsections (a) and (b), must place refuse, recyclable materials, refuse containers or recycling containers on public property in order to facilitate refuse collection. SECTION 3. Santa Monica Municipal Code Section 9.04.10.02.150 is amended to read as follows: 5 SEC'rJ:OH 9.04.10.02.150. Refuse and Recyclinq Storaqe Areas. (a) Except as otherwise provided in this section, each parcel in commercial and industrial districts containing a building or structure shall provide and maintain one (1) or more refuse containers and recycling containers on the premises. The containers shall be of sufficient capacity and number to accommodate the refuse and recyclable materials generated by the uses on the parcel, in compliance with guidelines established by the Department of General Services. All outdoor storage of refuse, recyclable materials and other items or material intended to be discarded or collected shall be screened from public view. On parcels where refuse and recyclable materials are both stored and collected adjacent to an alley or other public right-of-way, the refuse and recyclable materials shall be screened from public view on at least three sides by a solid opaque impact-resistant wall not less then five (5) feet or more than eight (8) feet in height, and on the fourth side by a solid opaque impact-resistant gate not less than five (5) 6 feet or more than eight (8) feet in height, or of other such material or design approved by the Architectural. Review Board. The gate shall be maintained in working order and shall remain closed except during such times as refuse, recyclable materials and other such items are being discarded, placed for collection, or collected. All refuse and recyclable materials which are stored and collected from the same location out of doors shall be stored not more than ten (10) feet from the property line which is closest to the refuse collection point. (b) In all zoning districts, any new construction for which an application for a building permit is required to be submitted on or after the effective date of this Ordinance shall include adequate, accessible and convenient areas for collecting and loading refuse and recyclable materials consistent with the design standards of Section 9.04.10.02.151- (c) After the effective date of this Ordinance, any improvement of the areas used for collecting and loading solid waste of a publicly owned facility shall include 7 adequate, accessible and convenient areas for collecting and loading refuse and recyclable materials in compliance with the design standards of Section 9.04.10.02.151. Improvements shall consist of those alterations which add value, . prolong the useful life of a facility, or adapt it to a new use or uses. Improvements do not include repairs which merely keep a facility in good operating condition, do not materially add to its value, and do not substantially extend its useful life. (d) In all zoning districts, any improvement (s) to an existing building, including a building with multiple tenants, for which one or more building permits is required to be submitted after the effective date of this Ordinance and which meets the threshold requirements of this subsection shall include adequate, accessible and convenient areas for storing and collecting refuse and recyclable materials in compliance with the design standards of section 9.04.10.02.151. Improvements to an existing building shall consist of those alterations which add value, prolong its useful life, or 8 adapt it to a new use or uses. Improvements do not include repairs which merely keep a building in good operating condition, do not materially add to its value, and no not substantially extend its useful life. This subsection shall apply where the Department of General Services determines that the sum total of all improvements to the existing building within a twelve (12) month period either add 30 percent or more to the existing floor area or have an aggregate permit valuation cost of $100,000 dollars or more. However, for single family residences, this subsection shall apply only where improvements within a twelve (12) month period constitute a substantial remodeling of the existing building as defined in Section 9000.3 of the Comprehsensive Land Use and zoning Ordinance. Effective July 1, 1994, the permit valuation cost threshold shall be increased annually at the commencement of the City fiscal year by an amount equal to the percentage increase in the "cost of living" index as measured by the Consumer Price Index (1982-1984=100) for Los Angeles-Rivers ide- Anaheim, California, published by the 'U.s. 9 Department of Labor, Bureau of Labor statistics for the preceding base period of April to April. (e) Refuse and recycling rooms or outdoor enclosures shall be adequate in capacity, number, and distribution to serve the uses on the parcel or parcels. An adequate number of bins or containers to allow for the collection and loading of refuse and recyclable materials shall be located within the refuse and recycling rooms or outdoor enclosures. The design and construction of refuse and recycling rooms or outdodr enclosures shall be compatible with surrounding land uses. Refuse and recycling rooms or outdoor enclosures shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for disposal of materials, and must provide protection against adverse environmental conditions which may render the collected materials unmarketable. Buildings or structures in which refuse and recyclable materials are stored in otherwise locked and secured subterranean garages may be permitted to designate a fenced area for the 10 storage of refuse and recyclable materials in compliance with specifications as to location and materials established by the Director of General Services. In mixed use and non- residential developments, refuse and recycling rooms or outdoor enclosures shall be at the same grade as and adjacent to an existing alley, if any. SECTION 4. section 9.04.10.02.151 is added to the Santa Monica Municipal Code to read as follows: Section 9.04.10.02.151. Design standards for Refuse and Recycling Rooms and outdoor Enclosures. A refuse and recycling room or outdoor enclosure shall comply with all the requirements of the zoning district in which it is located and shall conform to the following minimum design standards: (a) NON-RESIDENTIAL DEVELOPMENT: (1). Non-residential building or buildings with less than 1,000 square feet in aggregate floor area shall include a refuse and recycling room four (4) feet in width, 11 four (4) feet in length, and six (6) feet in height or an equivalent space available in a centralized area or an outdoor enclosure which shall conform to the same dimensions. (2) Non-residential building or buildings with an aggregate floor area between 1,000 and 5,000 square feet shall include a refuse and recycling room five (5) feet in width, nine (9) feet in length, and eight (8) feet in height or equivalent space available in a centralized-area or an outdoor enclosure which shall conform to the same dimensions. (3) Non-residential building or buildings with an aggregate floor area above 5,000 square feet but equal to or less than 10/000 square feet shall include a refuse and recycling room nine feet, six inches (9/, 6") in width, thirteen feet, six inches (13/, 6") in length, and eight (8) feet in height in a centralized area or an outdoor enclosure which shall conform to the same dimensions. (4) Non-residential building or buildings with an aggregate floor area above 10,000 square feet but less than or equal to 20,000 square feet shall include a 248 square 12 foot refuse and recycling room or outdoor enclosure with eight (8) foot high walls. (5) Non-residential building or buildings with an aggregate floor area above 20,000 square feet but less than or equal to 40,000 square feet shall include a 450 square foot refuse and recycling room or outdoor enclosure with eight (8) foot high walls. (b) RESIDENTIAL DEVELOPMENT: (1) single family residences shall include a designated area to store refuse and recycling materials screened from pUblic view or a designated area in a garage or accessory structure. (2) Multi-family residential developments containing less than five units shall include a refuse and recycling room four (4) feet in width, six (6) feet in length, and six (6) feet in height, or an outdoor enclosure which shall conform to the same dimensions. (3) Multi-family residential developments containing five (5) to ten (10) units shall include a refuse and recycling room five (5) feet in width, nine (9) in 13 length, and eight (8) feet in height, or an outdoor enclosure which shall conform to the same dimensions except that it shall not exceed six (6) feet in height. (4) Residential developments containing eleven (11) units to 20 units shall include a refuse and recycling room 129 square feet in area with eight (8) foot high walls or an outdoor enclosure of equal area with six (6) foot high walls. (5) Residential developments containing 21 units to 40 units shall include a refuse and recycling room 248 square feet in area with eight (8) foot high walls or an outdoor enclosure of equal area with six (6) foot high walls. (c) MIXED USE DEVELOPMENT. Except as required in subsection (d) of this Section, mixed use developments in all zoning districts shall comply with the design standards for non-residential developments in subsection (a) of this section. 14 Cd) LARGE RESIDENTIAL. NON-RESIDENTIAL AND MIXED USE DEVELOPMENT. Any development, whether residential, non-residential, or mixed use with more than 40 residential units, or with more than 40,000 square feet of floor area shall be reviewed by the Director of General Services, who shall require the design and placement of a refuse and recycling room or outdoor enclosure consistent with the purpose of this section to provide adequate and accessible areas for the storage and collection of refuse and recyclable materials. (e) The Director of General services shall have the authority to modify the requirements for existing buildings subject to the design standards of this Section when, upon a written application for a modification, the Director determines that the applicant has demonstrated that imposition of the design standards is technically infeasible or creates an unreasonable hardship. Such author i ty shall be limited to do the following: (1) modify the dimensions of refuse and recycling rooms or outdoor enclosures, 15 provided that the frequency of refuse collection is modified to adequately serve the uses on the ~arcel and protect the public health, safety and general welfare. ( 2) pend t more than one ( 1) recycling room or outdoor enclosure, provided the aggregate area of which is in substantial compliance with the design standards of this section as determined by the Director of General Services, and provided that each room or outdoor enclosure furnishes convenient access for disposal and collection of both refuse and recyclable materials. In the event that the location of the refuse and recyclable room or outdoor enclosure is not convenient for collection, the Director of General Services shall be authorized to require payment of a fee, established by resolution of the City Council, for collection of the refuse and recyclable materials. In no event shall a fee be authorized in lieu of providing a refuse and recycling room or outdoor enclosure. 16 SECTION 5. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: 17 Adopted and approved this 14th day of December, 1993. ~t,!A I hereby certify that the foregoing Ordinance No. 1714 (CCS) was duly and regularly introduced at a meeting of the City Council of the City of Santa Monica on the 7th day of December, 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 14th day of December, 1993 by the following vote: AYES: Councilmembers: Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez, Mayor Abdo NOES: Councilmembers: None ABSTAIN: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~#L/~ --- City Clerk