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HomeMy WebLinkAbout327 - Ordinances ORDINANCE NO. 3 27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING SECTION 17.04.080 TO THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE REVIEW AND ESTABLISHMENT OF RECYCLING FACILITIES WITHIN THE CITY OF RANCHO CUCAMONGA A. Recitals. (i) On September 23, 1987, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the proposed amendments to Title 17 of the Rancho Cucamonga Municipal Code (hereinafter referred to as the "Development Code") regarding regulations for the review and establishment of recycling facilities to be located within the City of Rancho Cucamonga. (ii) At the conclusion of said September 23, 1987 public hearing, the Planning Commission adopted its Resolution No. 87-576 thereby recommending that this Council adopt the proposed Development Code amendments as set forth in this Ordinance. (iii) On October 21, 1987, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the proposed Development Code amendments as proposed herein and said hearing was concluded prior to the adoption of this Ordinance. (iv) All legal prerequisites have occurred prior to the adoption of this Ordinance. B. Ordinance. NOW, THEREFORE, it is hereby ordained by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: In all respects as set forth in Recitals, Part A, of this Ordinance. SECTION 2. The City Council hereby finds and certifies that the project has been reviewed in compliance with the California Environmental Quality Act of 1979 and hereby finds and concurs with that negative declaration issued with respect to the project on September 23, 1987. SECTION 3. Section 17.04.080 is hereby added to the Development Code to be read, in words and figures, as follows: Ordinance No. 327 Page 2 "17.04.080 Recycling Facility Permit. A. Purpose and Intent. It is the purpose of this section to provide regulations and standards which pertain to the review, construction and operation of recycling facilities within the City. The placement, construction or operation of any recycling facility, as defined herein, is prohibited without first obtaining a permit pursuant to the provisions set forth in this Section. "B. Definitions. "1. 'Convenience Zone' means that area within a one-half mile radius of a supermarket as designated by the California Department of Conservation pursuant to the terms of the California Beverage Container Recycling and Litter Reduction Act (California Public Resources Code Sections 14500, et seq.). "2. ' Recyclable Material' shall mean reusable material including, but not limited to, metal, glass, plastic and paper. "3. ' Recycling Facility' shall mean a structure for the collection of recyclable materials, certified as a recycling facility by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act. Recycling facilities include the following: "a. Reverse vending machine. A reverse vending machine shall mean one or more automated mechanical devices, which occupy a space no larger than 342 square feet, and which are used for the collection of one or more recyclable materials in return for a cash refund or redeemable credit slip with a value not less than the redemption value as determined by the California Department of Conservation. "b. Mobile recycling unit. A mobile recycling unit shall be a kiosk, bin or portable container, occupying a space less than 342 square feet, which is used for the collection and redemption of recyclable materials and which is operated by an attendant during hours of operation. A mobile recycling unit may include certain permanent structures associated with the mobile recycling unit as provided in this section. "C. Location of Recycling Facilities. "1. One (1) recycling facility, capable of redeeming all forms of recyclable material as provided herein, shall be permitted in each convenience zone. In the event two (2) or more permit applications are received for a convenience zone which does not possess a recycling facility, the City Planner may, in his or her Ordinance No. 327 Page 3 discretion, choose which application best meets the needs of the community based on those factors including, but not limited to, convenience of use, pedestrian and vehicular traffic safety, asthetic comparability, etc. "2. In the event that two (2) or more convenience zones overlap, one (1) recycling facility shall be permitted in the area of such overlap to service such zones, unless it can be demonstrated to the satisfaction of the City Planner that such area of overlap is not available or amenable to meet all of the placement criteria as provided in this section. "3. TWo (2) or more recycling centers may be allowed within a convenience zone if, in addition to all criteria provided in this seciton, approval is granted pursuant to the provisions of Section 17.06.020 (minor development review). "D. Development Standards. The placement, construction and operation of recycling facilities shall be subject to the following development standards: "1. Recycling facilities shall be established in conjunction with an existing commercial use which is in compliance with the Development, Building and Fire Codes of the City of Rancho Cucamonga and is located within a convenience zone in an area zoned for commercial or industrial uses. "2. A reverse vending machine which occupies an area less than 50 square feet may be placed under the building canopy adjacent to the business which sells beverages in redeemable containers. Reverse vending machines which occupy more than 50 square feet, but less than 342 square feet, shall be placed within the parking area or other approved location of the associated commercial use. "3. Recycling facilities not located under the building canopy shall be setback at least 50 feet from any street frontage, as measured from the curb face. "4. Recycling facilities shall be conveniently accessible to pedestrians and vehicles and shall be designed to include safety provisions for separating pedestrian and vehicular traffic (i.e., special walkways, drive aisles, bollards, safety lighting, etc.). "5. Recycling facilities shall be designed in a manner consistent with the architectural and site plan of the associated commercial use, including, but not limited to exterior materials, color and landscaping. "6. Recycling facilities which are not located under the building canopy of the associated commercial use shall be designed with related permanent enclosures or screening such as an overhead trellis or arbor. Ordinance No. 327 Page 4 "7. Recycling facilities which are operated by an on-site attendant shall be provided access to the facilities of the associated commercial use (i.e., restroom, drinking fountains, etc.) . "8. Recycling facilities which are not located under the building canopy of the associated commercial use or within a landscaped area of the associated commercial use shall be designed with a landscape planter at least three feet in width (inside dimension) along the sides and rear of the recycling facility. "9. Recycling facilities shall be maintained in good repair and the area immediately surrounding the recycling facility shall be maintained in a litter-free condition. Ail storage of recyclable materials shall be within the recycling facility or related enclosed structure. "10. Signage required for a recycling facility shall comply with the Sign Ordinance of the City of Rancho Cucamonga and, where applicable, the approved uniform sign program for the associated commercial use. "11. Recycling facilities which are operated by an on-site attendant and located within 100 feet of a property zoned or occupied for residential uses shall operate only during the hours of 9:00 a.m. to 7:00 p.m. "E. Action of the City Planner. "1. The City Planner shall approve an application for a recycling facility provided that the application complies with each of the following requirements: "a. The recycling facility is certified, or has applied to be certified, as a recycling location pursuant to the California Beverage Container Recycling and Litter Reduction Act; "b. The operator of the recycling facility has presented a written authorization from the property owner where the proposed recycling facilities to be located; and, "c. The recycling facility complies with all of the development standards as set forth in this section. "2. Notwithstanding the foregoing, the City Planner may deny an application for a recycling facility if it is specifically found that the operation of the recycling facility will have a detrimental effect on the public health, safety or general welfare. In the case of any such denial, the City Planner shall Ordinance No. 327 Page 5 support the action with specific written findings of facts based on substantial evidence. "F. Automatic Revocation. Any permit granted pursuant to the terms of this section shall be deemed automatically revoked if the operator's recycling certificate is revoked or suspended by the California Department of Conservation pursuant to the terms of the California Beverage Container Recycling and Litter Reduction Act." SECTION 4. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. SECTION 5. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 18th day of November, 1987. AYES: Brown, Buquet, Stout, King, Wright NOES: None ABSENT: None Dennis L. Stout, Mayor ATTEST: Beverly ~. Authelet, City Clerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 4th day of November, 1987, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of November, 1987. Ordinance No. 327 Page 6 Executed this 19th day of November, 1987 at Rancho Cucamonga, California. Beverly A./Authelet, City Clerk