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SR-8-C (53) R-c, v GS:CP:JLA:sm.c:\srrecyc.wpwin Council Meeting: December 7, 1993 Santa Monica, California TO: Mayor and City Council FROM: City staff SUBJECT: Ordinance for Introduction and First Reading to Amend the Zoning Ordinance to Require On-site Refuse and Recycling Facilities in New Development INTRODUCTION This report recommends that the City Council adopt an ordinance amending section 9.04.10.02.150 of Zoning Ordinance to require that development projects include adequate space for both refuse and recycling storage facilities on-site to conform to state law (Attachment A). The proposed ordinance also amends Municipal Code Sections 5.08.170 regardinq storage of refuse containers on public property, and repeals section 3.36.160 regarding refuse requirements for the Bayside District to conform to this proposed ordinance. BACKGROUND On August 20, 1991, the City Council directed staff to investigate and implement a requirement that refuse and recycling space be provided in the design of new development and major renovations as part of the building permit process. One of the objectives of this proposal is to encourage recycling and refuse collection by requiring adequate and well located space to be set aside for storage of the materials. 1 Since council directed staff to develop these standards, the California Solid Waste Refuse and Recycling Act was adopted which requires all cities to pass an ordinance that requires adequate areas for collecting and locating recyclable materials in development projects or be subject to a model ordinance prepared by the California Integrated Waste Management Board. On January 19, 1993, the City Council adopted a resolution directing the Planning Commission to conduct a public hearing on the proposed amendment to section 9.04.10.02.150 "Refuse and Screening of storage Areas" of the Zoning Ordinance. On July 7, 1993, the Planning Commission approved and forwarded to City Council the attached ordinance. DISCUSSION At present, the General Services Director or designee reviews and approves all refuse and recyclable enclosure designs as part of the city.s plan check process for mUlti-family and commercial projects. However, this review is performed pursuant to current administrative practices, rather than any specific Municipal Code provisions as mandated by the California Solid Waste Refuse and Recycling Act. Staff is proposing specific requirements including the implementation of a review and approval process and adding single family homes to the plan check process. This proposal will require the City Engineering and Solid Waste staff to review and approve plans for the refuse and recycling enclosure/room requirements. The Planning Division will include this requirement 2 in their application information material. The state Model Ordinance was approved by the California Integrated Waste Management Board in March 1993. This model ordinance will become effective on September 1, 1994 if a local agency has not already adopted an ordinance Which addressess the collection, storage, and loading of recyclable materials in development projects. The local agency ordinance will have precedence over the State ordinance and may establish more detailed and comprehensive requirements than the state model ordinance. Adoption of this ordinance will allow the City to comply with the California Solid Waste Refuse and Recycling Act as well as address concerns over keeping refuse and recyclables out of alleys, off of pUblic spaces, and out of public view. It is further hoped that by providing on-site refuse and recycling enclosures the theft of recyclables will be reduced. The following are the proposed refuse and recycl ing enclosures ordinance. NON-RESIDENTIAL: a) less than 1.000 sauare feet of floor area: 4' x 41 X 6' (6' = height) refuse and recycling enclosure/room or equivalent space available in centralized refuse area in building complex. b) 1,000 - 5,000 square feet of floor area: 5' x 9f X Sf minimum requirements for the as set forth by the proposed 3 refuse and recycling enclosure/room or equivalent space available in centralized refuse area in building complex. c) 5,000 to 10,000 square feet of floor area: 9 I 61f x 13 '61f x Sf refuse and recycling enclosure/room. d) 10.000 to 20,000 square feet of floor area: 24S square foot refuse and recycling enclosure/room with 8 foot high enclosure walls. e) 20,000 to 40.000 sauare feet of floor area: 450 square foot refuse and recycling enclosure/room with 8 foot high enclosure walls. RESIDENTIAL: a) less than 5 units: 4' X 6' x 6 f refuse and recycling enClosure/room b) 5 units to 10 units: 5' x 9' X 8f refuse and recycling enclosure room. c) 11 units to 20 units: 129 square foot refuse and recycling enclosure/room with 8 foot enclosure walls. d) 21 units to 40 units: 248 square foot refuse and recycling enclosure/room with 8 foot height enclosure walls. e) single family residence: requires dedicated fenced area for refuse and recycling screened from public right-of-way or dedicated space in a garage. 4 Any development with more than 40 residential units or more than 40,000 square feet of commercial space must be designed by the owner or the owner's representative and submitted to the Director of General Services for approval. This is required to ensure refuse and recycling collection is operationally feasible and efficient. These proposed refuse and recycling enclosure/room requirements are applicable in all zoning districts any time a building permit is required to increase by 30% or more the existing floor area of a project or the building permit valuation cost exceeds $100,000. The state model ordinance specifies a 30% remodeling threshhold as well. Staff developed the proposed standards based on its experience with refuse and recycling requirements in prior development projects, and considered such factors as the number and size of refuse and/or recycling containers and frequency of collection needed to meet the requirements for the trash and recyclables generated by a site. Overall, the city standards are more detailed and comprehensive than the state Model Ordinance. staff believes that any request for modification to these standards should be reviewed by the General Services Director. Modifications will be granted when applicants prove that the standards are technically unfeasible and or create an economic hardship. 5 PLANNING COMMISSION REVIEW On July 7, 1993 the Planning Commission reviewed the proposed ordinance and presented several recommendations for Council consideration. Staff had initially proposed that a 4 I X 4 f X 6 f (6 I = height) dedicated fenced area be required in single family homes subject to the ordinance. The Planning Commission recommended that the single family requirements for enclosures be less restrictive than staff proposed. Staff agrees with this recommendation and now proposes requiring only a dedicated area for refuse/recycling that is either screened from view of the public right-of-way or located in a garage [Section 9.04.02.150 (e) (2) (a) ] . One Planning Commissioner suggested that all landmark buildings be exempted from the ordinance requirements. Staff believes that landmark buildings should be subject to the same requirements as all other new development and shall be granted the same opportunity to request a modification of the requirement as all other projects. The Planning commission recommended the elimination of the requirement for an enclosure in an otherwise secured garage in multi-family or commercial structures. As an alternative, the Planning Commission suggested that the ordinance allow a dedicated area with pavement markings to delineate the dedicated area. Staff, however, does not concur with this recommended change to the ordinance due to the bel ief that 6 refuse/recycling areas should be enclosed to prevent spillover and potential impacts on required parking spaces. The Planning Commission recommended flexibility in the dimensions and design of a required refuse/recycling room or enclosure and to allow the placement of a room or enclosures in more than one area on a parcel so long as the aggregate floor area requirement is met. staff has incorporated this recommendation into the proposed ordinance. However, staff has also included language in the ordinance specifying that the General Services Department will continue charging an extra fee for multiple enclosure areas on one parcel. Finally, the Planning Commission recommended that section 3.36.170 not be repealed and that the option to allow businesses to store refuse bins in public parking structures, public parking lots, or neighboring parcels' refuse rooms/enclosure be extended from the Bayside District to the Main street area. Staff believes strongly that Section 3.36.170 should be repealed as it is contrary to the thrust of the model code that convenient recycling access be provided by all new development. The repeal of section 3.36.170 will not affect current users of City refuse storage areas in the Bayside District unless those currently using City space redevelop their properties and meet the threshold criteria established in the proposed ordinance. 7 FINANCIAL/BUDGET IMPACTS There are no financial or budgetary impacts to the city associated with this staff report. RECOMMENDATIONS It is recommended that city Council introduce for first reading the attached ordinance to amend Section 9.04.10.02.150 "Refuse and Screening of Refuse storage Areasft of the Zoning Ordinance to require on-site refuse and recycling facilities; amend section 5.08.170 regarding storage of refuse containers; and repeal section 3.36.160 regarding special refuse requirements in the Bayside District. Prepared by: Craig Perkins, Director of General Services Suzanne Frick, Acting Director of LUTM Tom Dever, Solid Waste Superintendent Joan Akins, Acting Administrative services Officer Attachment: Ordinance 8 CA:JL:atty\muni\laws\Recyclel.ord City council Meeting 12-7-93 Santa Monica, California ORDINANCE HUMBER (CCS) (city council series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP 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 ROOMS 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 significant 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 a location in the public alley or parkway on which the property owner shall place the refuse and recyclinq containers for 3 collection. The location determined by the 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 recyclinq container (.) 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. Cd) 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-ot-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 lot, if there is no adjacent alley, may be placed in accordance with provisions of this Section on any frontage along which 4 refuse collection trucks are routed, provided all refuse and recyclable materials from such parcel or parcels l::t.:: shall be placed for collection at one place. (g) Refuse and recyclinq 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 recyclinq 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, ef 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 SEeTlO. '.04.10.02.150. Refuse and Recycling storage Areas. (a) Except as otherwise provided in this Section, B(e)ach parcel in commercial and industrial districts containing a building or structure shall provide and maintain one (1) or more t.::,,~;:;~ ::"::=::~t.~=l::;:; refuse containers and recycling containers on the premises. The containers ~~=~p~~=l~~ shall be of sufficient ::;i~~ capacity and number to accommodate the ....___1- .......--.... refuse and recyclable materials generated by the uses on the parcel, ______~_-I-__. "-'............._~--_.....- in compliance with guidelines p~~p~::"od established by the Department of General Services. All outdoor storage of ~~~~~, ~~~bagc, refuse, recyclable materials and other items or material intended to be discarded or f~~ =~ll::=~i~~ 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 6 height, and on the fourth side by a solid opaque impact-resistant gate not less than five (5) 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 when is aGe durinq such times as refuse, recyclable materials and other such items are beinq discarded, placed for collection, or collected. All =~~~==~ ~t=~~;~ ==~ refuse and recyclable materials which are stored and collected from the same location out of doors shall be l==~t=~ stored not more than ten (10) feet from the property line which is closest to the refuse collection point. (b) In all zoninq districts, any new construction for which an application for a buildinq 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 loadinq refuse and recyclable materials consistent with the desiqn standards of Section 9.04.10.02.151. 7 (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 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 8 vith 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 adapt it to a new use or uses. Improvements do noi:. include repairs which merely keep a building in good operating condition, do noi:. materially add to its value, and no noi:. 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 9 percentage increase in the "cost of living" index as measured by the Consumer Price Index (1982-1984=100) for Los Anqeles-Riverside- Anahela, california, published by the U. s. Departlllent of La))or, Bureau of Labor Statistics for the precedinq base period of April to April. (e) Refuse and recyclinq rooms or outdoor enclosures shall be adequate in capaci ty , Dumher, and distri))ution to serve the uses on the parcel or parcels. An adequate number of bins or containers to allow for the collection and loadinq 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 outdoor enclosures shall be compatible wi th 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. 10 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 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 sam.e 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 tor 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: 11 (1) Non-residential building or buildings with less than 1,000 square teet in aggregate floor area shall include a refuse and recycling room four (4) feet in width, 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 SaBle dimensions. (2) Hon-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 ~eet, six inches (13', ''') in length, and eight (8) feet in height in a 12 centrali.ed area or an outdoor enclosure which shall conform to the same dimensions. (4) Non-residential buildinq or buildings with an aqqregate floor area above 10,000 square feet but less than or equal to 20,000 square feet shall include a 248 square foot refuse and recyclinq room or outdoor enclosure with eight (8) foot high walls. (S) Non-residential buildinq or buildinqs 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 containinq less than five units shall include a refuse and recycling room four (4) feet in width, six (6) feet in length, and 13 six (6) feet enclosure which dimensioDs. (3) Hulti-family residential developments containing five (5) to ten (10) uni ts shall include a refuse and recycling roo. five (5) feet in width, nine (9) in length, and eight (8) feet in heiqht, or an outdoor enclosure which shall conform to the same dimensions except that it shall not exceed six (6) feet in heiqht. (4) Residential developments containing eleven (11) units to 20 units shall include a refuse and recyclinq 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. (S) Residential developments containing 21 units to 40 units shall include a refuse and recycling room 248 square feet in area with eight (8) foot hiqh walls or an outdoor enclosure of equal area with six (6) foot hiqh walls. in height, or an outdoor shall conform to the same (e) MIXED USE DEVELOPMENT. Except as required in subsection (d) 14 or this Section, mixed use developments in all zoning districts shall comply with the design standards for non-residential developments in subsection (al of this section. (dl 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. eel 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 15 standards is technically infeasible or creates an unreasonable hardship. Such authority shall be limited to do the following: (1) modify the dimensions of refuse and recycling rooms or outdoor enclosures, provided that the frequency of refuse collection is modified to adequately serve the uses on the parcel and protect the public health, safety and qeneral welfare. (2) permit more than one (1) recyclinq room or outdoor enclosure, provided the aqgreqate 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 16 refuse and recyclinq room or outdoor enclosure. 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 unconsti tutional 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 17 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: )i~;&C~~~~hL&- , Acting city Attorney " 18