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
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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is hereby repealed.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
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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
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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
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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:
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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)
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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
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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
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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.
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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
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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,
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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
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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
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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.
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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,
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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.
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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:
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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